Page:United States Statutes at Large Volume 101 Part 3.djvu/510

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.
PUBLIC LAW 100-000—MMMM. DD, 1987

101 STAT. 1808

PUBLIC LAW 100-241—FEB. 3, 1988

tions will be terminated only with respect to the smallest practicable tract actually used in the developed state; "(ii) 'Exploration' means the examination and investigation of undeveloped land to determine the existence of subsurface nonrenewable resources; and "(iii) 'Leased' means subjected to a grant of primary possession entered into for a gainful purpose with a determinable fee remaining in the hands of the grantor. With respect to a lease that conveys rights of exploration and development, the exemptions listed in paragraph (1) shall continue with respect to that portion of the leased tract that is used solely for the purposes of exploration. "(B) For purposes of this subsection— "(i) land shall not be considered developed solely as a result of— "(I) the construction, installation, or placement upon such land of any structure, fixture, device, or other improvement intended to enable, assist, or otherwise further subsistence uses or other customary or traditional uses of such land, or "(II) the receipt of fees related to hunting, fishing, and guiding activities conducted on such land; "(ii) land upon which timber resources are being harvested shall be considered developed only during the period of such harvest and only to the extent that such land is integrally related to the timber harvesting operation; and "(iii) land subdivided by a State or local platting authority on the basis of a subdivision plat submitted by the holder of the land or its agent, shall be considered developed on the date an approved subdivision plat is recorded by such holder or agent unless the subdivided property is a remainder parcel. "(3) ACTION BY A TRUSTEE.—(A) Except as provided in this paragraph and in section 14(c)(3) of the Alaska Native Claims Settlement Act no trustee, receiver, or custodian vested pursuant to applicable Federal or State law with a right, title, or interest of a Native individual or Native Corporation shall— "(i) assign or lease to a third party, "(ii) commence development or use of, or "(iii) convey to a third party, any right, title, or interest in any land, or interests in land, subject to the exemptions described in paragraph (1). "(B) The prohibitions of subparagraph (A) shall not apply— "(i) when the actions of such trustee, receiver, or custodian are for purposes of exploration or pursuant to a judgment in law or in equity (or arbitration award) arising out of any claim made pursuant to section 7(i) or section 14(c) of the Aleiska Native Claims Settlement Act; or "(ii) to any land, or interest in land, which has been— "(I) developed or leased prior to the vesting of the trustee, receiver, or custodian with the right, title, or interest of the Native Corporation; or "(II) expressly pledged as security for any loan or expressly committed to any commercial transaction in a valid agreement. "(4) EXCLUSIONS, REATTACHMENT OF EXEMPTIONS.—(A) The exemp-

tions listed in paragraph (1) shall not apply to any land, or interest in land, which is—