[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR2650.0-5]



[Page 181-182]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

 

PART 2650_ALASKA NATIVE SELECTIONS--Table of Contents

 

            Subpart 2650_Alaska Native Selections: Generally

 

Sec.  2650.0-5  Definitions.



    (a) Act means the Alaska Native Claims Settlement Act of December 

18, 1971 (43 U.S.C. 1601) and any amendments thereto.

    (b) Secretary means the Secretary of the Interior or his authorized 

delegate.

    (c) Native means a Native as defined in section 3(b) of the Act.

    (d) Native village means any tribe, band, clan, group, village, 

community, or association in Alaska, as defined in section 3(c) of the 

Act.

    (e) Village corporation means a profit or nonprofit Alaska Native 

village corporation which is eligible under Sec.  2651.2 of this chapter 

to select land and receive benefits under the act, and is organized 

under the laws of the State of Alaska in accordance with the provisions 

of section 8 of the Act.

    (f) Regional corporation means an Alaska Native regional corporation 

organized under the laws of the State of Alaska in accordance with the 

provisions of section 7 of the Act.

    (g) Public lands means all Federal lands and interests in lands 

located in Alaska (including the beds of all non-navigable bodies of 

water), except:

    (1) The smallest practicable tract, as determined by the Secretary, 

enclosing land actually used, but not necessarily having improvements 

thereon, in connection with the administration of a Federal 

installation; and,

    (2) Land selections of the State of Alaska which have been patented 

or tentatively approved under section 6(g) of the Alaska Statehood Act, 

as amended (72 Stat. 341; 77 Stat. 223; 48 U.S.C. Ch. 2), or identified 

for selection by the State prior to January 17, 1969, except as provided 

in Sec.  2651.4(a)(1) of this chapter.

    (h) Interim conveyance as used in these regulations means the 

conveyance granting to the recipient legal title to unsurveyed lands, 

and containing all the reservations for easements, rights-of-way, or 

other interests in land, provided by the act or imposed on the land by 

applicable law, subject only to confirmation of the boundary 

descriptions after approval of the survey of the conveyed land.

    (i) Patent as used in these regulations means the original 

conveyance granting legal title to the recipient to surveyed lands, and 

containing all the reservations for easements, rights-of-way, or other 

interests in land, provided by the act or imposed on the land by 

applicable law; or the document issued after approval of the survey by 

the Bureau of Land Management, to confirm the boundary description of 

the unsurveyed conveyed lands.

    (j) Conveyance as used in these regulations means the transfer of 

title pursuant to the provisions of the act whether by interim 

conveyance or patent, whichever occurs first.

    (k) National Wildlife Refuge System means all lands, waters, and 

interests therein administered on December 18, 1971, by the Secretary as 

wildlife refuges, areas for the protection and conservation of fish and 

wildlife that are threatened with extinction, wildlife ranges, game 

ranges, wildlife management areas, or waterfowl production areas, as 

provided in the Act of October 15, 1966, 80 Stat. 927, as amended by the 

Act of July 18, 1968, 82 Stat. 359 (16 U.S.C. 668dd).

    (l) Protraction diagram means the approved diagram of the Bureau of 

Land Management mathematical plan for extending the public land surveys 

and does not constitute an official Bureau of Land Management survey, 

and, in the absence of an approved diagram of the Bureau of Land 

Management, includes the State of Alaska protraction diagrams which have 

been authenticated by the Bureau of Land Management.

    (m) Date of filing shall be the date of postmark, except when there 

is no



[[Page 182]]



postmark, in which case it shall be the date of receipt in the proper 

office.

    (n) LUPC means the Joint Federal-State Land Use Planning Commission 

for Alaska.

    (o) Major waterway means any river, stream, or lake which has 

significant use in its liquid state by watercraft for access to publicly 

owned lands or between communities. Significant use means more than 

casual, sporadic or incidental use by watercraft, including floatplanes, 

but does not include use of the waterbody in its frozen state by 

snowmobiles, dogsleds or skiplanes. Designation of a river or stream as 

a major waterway may be limited to a specific segment of the particular 

waterbody.

    (p) Present existing use means use by either the general public 

which includes both Natives and non-Natives alike or by a Federal, 

State, or municipal corporation entity on or before December 18, 1976, 

or the date of selection, whichever is later. Past use which has long 

been abandoned shall not be considered present existing use.

    (q) Public easement means any easement reserved by authority of 

section 17(b) of the Act and under the criteria set forth in these 

regulations. It includes easements for use by the general public and 

easements for use by a specific governmental agency. Public easements 

may be reserved for transportation, communication and utility purposes, 

for air, light or visibility purposes, or for guaranteeing international 

treaty obligations.

    (r) Publicly owned lands means all Federal, State, or municipal 

corporation (including borough) lands or interests therein in Alaska, 

including public lands as defined herein, and submerged lands as defined 

by the Submerged Lands Act, 43 U.S.C. 1301, et seq.

    (s) Director means the Director, Bureau of Land Managment

    (t) Isolated tract means a tract of one or more contiguous parcels 

of publicly owned lands completely surrounded by lands held in nonpublic 

ownership or so effectively separated from other publicly owned lands as 

to make its use impracticable without a public easement for access.

    (u) State means the State of Alaska.

    (v) Native corporation means any Regional Corporation, any Village 

Corporation, Urban Corporation and any Native Group.



[38 FR 14218, May 30, 1973, as amended at 43 FR 55328, Nov. 27, 1978; 50 

FR 15547, Apr. 19, 1985]