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Public Land Laws Affecting National Forests in Alaska

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Public Land Laws Affecting National Forests in Alaska United States Department of Agriculture Public Land Laws Forest Service Alaska Region Affecting National R10-MR-053 November 2010 Forests in Alaska Public Land Laws Affecting National Forests in Alaska Maria Lisowski Regional Lands Program Leader Forest Service, U.S. Department of Agriculture Alaska Region 709 W. Ninth Street, Juneau, Alaska 99801 November 2010 FOREWARD Laws are not masters but servants, and he rules them who obeys them. ~Henry Ward Beecher No organic law can ever be framed with a provision specifically applicable to every question which may occur in practical administration. No foresight can anticipate, nor any document of reasonable length contain, express provisions for all possible ques- tions. ~Abraham Lincoln The minute you read something that you can’t understand, you can almost be sure that it was drawn up by a lawyer. ~Will Rogers As a former attorney with the Office of the General Counsel and the current Regional Lands Program Manager, I’ve been asked to find, interpret, and explain many statutes for employees in the last twenty years. This first edition of Public Land Laws Affecting National Forests in Alaska is compiled to help Alaska Region employees understand the laws that apply to the lands and resources they manage so they are more effective stewards and public servants. I hope you will find this a useful reference. Clearly, not every law that applies to National Forest System lands in Alaska is included in this edition, but included are those I’ve referred employees to most frequently and a few that are simply difficult to find. It’s not surprising that I receive the most questions from employees about the Alaska National Interest Lands Conservation Act (ANILCA). This first edition is pub- lished to commemorate ANILCA’s enactment thirty years ago. Sometimes it does take a lawyer to understand the law, but the answers are here (mostly) and now you know where to find them. ~Maria Lisowski November, 2010 TABLE OF CONTENTS TREATY WITH RUSSIA March 30, 1867.............................................................................................................................. 003 NATIVE ALLOTMENT ACT, May 17, 1906, Amended by Public Law 931, August 2, 1956.................................................................................................... 004 CHUGACH PROCLAMATIONS July 23, 1907, February 23, 1909................................................................................................... 005 TONGASS PROCLAMATIONS September 10, 1907, February 16, 1909........................................................................................ 006 ALASKA STATEHOOD ACT Public Law 85-508, July 7, 1958 ALASKA OMNIBUS ACT (ROADS) Public Law 86-70, June 25, 1959................................................................................................... 007 ALASKA NATIVE CLAIMS SETTLEMENT ACT (ANCSA), Public Law 92-203, December 18, 1971........................................................................................008 ANCSA AMENDMENTS (ESCROW) Public Law 94-204, January 2, 1976............................................................................................. .009 ANCSA AMENDMENTS (KLUKWAN) Public Law 94-456, October 4, 1976............................................................................................. 010 ANCSA AMENDMENT (SAXMAN/YAKUTAT WITHDRAWAL) Public Law 95-178, November 15, 1977........................................................................................011 ALASKA NATIONAL INTEREST LANDS CONSERVATION ACT (ANILCA), Public Law 96-487, December 2, 1980 .........................................................................................012 ANILCA AMENDMENT (ADMIRALTY ISLAND) Public Law 99-235, January 9, 1986..............................................................................................013 HAIDA LAND EXCHANGE ACT OF 1986 Public Law 99-664, November 17, 1986....................................................................................... 014 ANCSA AMENDMENTS OF 1987 Public Law 100-241, February 3, 1988.......................................................................................... 015 ANILCA AMENDMENT (SUBMERGED LANDS) Public Law 100-395, August 16, 1988...........................................................................................016 ADMIRALTY ISLAND NATIONAL MONUMENT LAND MANAGEMENT ACT OF 1990 Public Law 101-378, August 17, 1990........................................................................................... 017 TONGASS TIMBER REFORM ACT Public Law 101-626, November 28, 1990..................................................................................... 018 ALASKA LAND STATUS TECHNICAL CORRECTIONS ACT OF 1992 Public Law 102-415, October 14, 1992......................................................................................... 019 ANCSA AMENDMENTS (MINING CLAIMS/HAZARDOUS SUBSTANCES), Public Law 104-42, November 2, 1995......................................................................................... 020 GREENS CREEK LAND EXCHANGE ACT OF 1995 Public Law 104-123, April 1, 1996................................................................................................ 021 ANCSA AMENDMENT (NATIVE VETERANS ALLOTMENT) Public Law 105- 276, October 21, 1998........................................................................................ 022 ANCSA LAND BANK PROTECTION ACT OF 1998 Public Law 105-333, October 31, 1998......................................................................................... 023 KAKE TRIBAL CORPORATION LAND TRANSFER ACT Public Law 106-283, October 6, 2000........................................................................................... 024 RUSSIAN RIVER LAND ACT Public Law 107-362, December 19, 2002...................................................................................... 025 CRAIG RECREATION LAND PURCHASE ACT Public Law 108-325, October 13, 2004......................................................................................... 026 ALASKA LAND TRANSFER ACCELERATION ACT Public Law 108-452, December 10, 2004......................................................................................027 SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS (SAFETEA-LU) (RECIPROCAL RIGHTS-OF-WAY), Public Law 109-59, August 10, 2005............................................................................................. 028 OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009 (COFFMAN COVE), Public Law 111-11, March 30, 2009.............................................................................................. 029 ALASKA NATIVE CONSULTATION Public Law 108-199 Public Law 108-447 Executive Order 13175.................................................................................................................. 030 LIGHTHOUSE TRANSFER LEGISLATION Public Law 105-383 Public Law 106-346 Public Law 107-87 Public Law 109-241....................................................................................................................... 031 TREATY WITH RUSSIA. March 30, 1867. 539 Treaty concerning the Cesion of the Russian Possessions in North America by his Majesty the Emperor of all the Russias to the United States of America; Concluded March 30, 1867; March 30, 1867. Ratified by the United States May 28, 1867; exchanged June 20, 1867; Proclaimed by the United States June 20, 1867. BY THE PRESIDENT OF THE UNITED STATE OF AMERICA, A PROCLAMATION Whereas a treaty between the United States of America and his Majesty the Emperor of all the Rus- Preamble. sias was concluded and signed by their respective plenipotentiaries at the city of Washington, on the thirtieth day of March, last, which treaty, being in English languages is, word for word as follows: The United States of America and His Majesty the Emperor of all the Russias, being desirous of strengthening, if possible, the good understanding which exists between them, have, for Contracting powers. that purpose, appointed as their Plenipotentiaries: the President of the United States, William H. Seward, Secretary of State; and His Majesty the Emperor of all the Russias, the Privy Councillor Edward de Stoeckl, his Envoy Extraordinary and Minister Plenipotentiary to the United States. And the said Plenipotentiaries, having exchanged their full powers, which were found to be in due form, have agreed upon and signed the following articles: Article I His Majesty the Emperor of all the Russias agrees to cede to the United States, by this Cession of territory by Russia to United convention, immediately upon the exchange of the ratifications thereof, all the territory States. and dominion now possessed by his said Majesty on the continent of America and in the adjacent islands, the same being contained within the geographical limits herein set forth, Boundries. to wit: The eastern limit is the line of demarcation between the Russian and the British possessions in North America, as established by the convention between Russia and Great Boundries of ceded territory. Britain, of February 28 - 16, 1825, and described in Articles III and IV of said convention, in the following terms: “Commencing from the southernmost point of the island called Prince of Wales Island, which point lies in the parallel of 54 degrees 40 minutes north latitude, and between the 131st and the 133d degree of west longitude, (meridian of Greenwich,) the said line shall ascend to the north along the channel called Portland channel, as far as the point of
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