[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2651.4]

[Page 198-199]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2650_ALASKA NATIVE SELECTIONS--Table of Contents
 
                     Subpart 2651_Village Selections
 
Sec. 2651.4  Selection limitations.

    (a) Each eligible village corporation may select the maximum surface 
acreage entitlement under sections 12(a) and (b) and section 16(b) of 
the Act. Village corporations selecting lands under sections 12(a) and 
(b) may not select more than:
    (1) 69,120 acres from land that, prior to January 17, 1969, has been 
selected by, or tentatively approved to, but not yet patented to the 
State under the Alaska Statehood Act; and
    (2) 69,120 acres of land from the National Wildlife Refuge System; 
and
    (3) 69,120 acres of land from the National Forest System.
    (b) To the extent necessary to obtain its entitlement, each eligible 
village corporation shall select all available lands within the township 
or townships within which all or part of the village is located, and 
shall complete its selection from among all other available lands. 
Selections shall be contiguous and, taking into account the situation 
and potential uses of the lands involved, the total area selected shall 
be reasonably compact, except where separated by lands which are 
unavailable for selection. The total area selected will not be 
considered to be reasonably

[[Page 199]]

compact if (1) it excludes other lands available for selection within 
its exterior boundaries; or (2) lands which are similar in character to 
the village site or lands ordinarily used by the village inhabitants are 
disregarded in the selection process; or (3) an isolated tract of public 
land of less than 1,280 acres remains after selection.
    (c) The lands selected under sections 12(a) or (b) shall be in whole 
sections where they are available, or shall include all available lands 
in less than whole sections, and, wherever feasible, shall be in units 
of not less than 1,280 acres. Lands selected under section 16(b) of the 
Act shall conform to paragraph (b) of this section and shall conform as 
nearly as practicable to the U.S. land survey system.
    (d) Village corporation selections within sections 11 (a)(1) and 
(a)(3) areas shall be given priority over regional corporation 
selections for the same lands.
    (e) Village or regional corporations are not required to select 
lands within an unpatented mining claim or millsite. Unpatented mining 
claims and millsites shall be deemed to be selected, unless they are 
excluded from the selection by metes and bounds or other suitable 
description and there is attached to the selection application a copy of 
the notice of location and any amendments thereto. If the village or 
regional corporation selection omits lands within an unpatented mining 
claim or millsite, this will not be construed as violating the 
requirements for compactness and contiguity. If, during the selection 
period, the excepted mining claims or millsites are declared invalid, or 
under the State of Alaska mining laws are determined to be abandoned, 
the selection will no longer be considered as compact and contiguous. 
The corporation shall be required to amend its selection, upon notice 
from the authorized officer of the Bureau of Land Management, to include 
the lands formerly included in the mining claim or millsite. If the 
corporation fails to amend its selection to include such lands, the 
selection may be rejected.
    (f) Eligible village corporations may file applications in excess of 
their total entitlement. To insure that a village acquires its selection 
in the order of its priorities, it should identify its choices 
numerically in the order it wishes them granted. Such selections must be 
filed not later than December 18, 1974, as to sections 12(a) or 16(b) 
selections and December 18, 1975, as to section 12(b) selections.
    (g) Whenever the Secretary determines that a dispute exists between 
villages over land selection rights, he shall accept, but not act on, 
selection applications from any party to the dispute until the dispute 
has been resolved in accordance with section 12(e) of the Act.
    (h) Village or regional corporations may, but are not required to, 
select lands within pending Native allotments. If the village or 
regional corporation selection omits lands within a pending Native 
allotment, this will not be construed as violating the requirements for 
compactness and contiguity. If, during the selection period, the pending 
Native allotment is finally rejected and closed, the village or regional 
corporation may amend its selection application to include all of the 
land formerly in the Native allotment application, but is not required 
to do so to meet the requirements for compactness and contiguity.

[38 FR 14218, May 30, 1973, as amended at 39 FR 34543, Sept. 26, 1974; 
50 FR 15547, Apr. 19, 1985]