Washington : Government Printing Office
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| VOLUME 35—1970 | 18874 |
Whereas, Public Land Order No. 4582 of January 17, 1969 withdrawing public lands in Alaska under the jurisdiction of the Secretary of the Interior for the determination and protection of the rights of the native Aleuts, Eskimos, and Indians of Alaska, will expire at 12 midnight, A.s.t., December 31, 1970, and
Whereas, legislation to determine and protect the rights of the native Aleuts, Eskimos, and Indians of Alaska presently pending in the Congress of the United States will not become law before the present expiration date of Public Land Order No. 4582.
Now therefore, by virtue of the authority vested in the President by section 1 of the act of June 25, 1910 (36 Stat. 847, 43 U.S.C. 141), as amended, and pursuant to Executive Order No. 10355 of May 26, 1952 (17 F.R. 4831), Public Land Order No. 4582 is hereby modified and amended to read as follows:
1. Subject to valid existing rights, and subject to the conditions hereinafter set forth, all public lands in Alaska which are unreserved or which would otherwise become unreserved prior to the expiration of this order, are hereby withdrawn from all forms of appropriation and disposition under the public land laws (except locations for metalliferous minerals), including selection by the State of Alaska pursuant to the Alaska Statehood Act (72 Stat. 339), and from leasing under the Mineral Leasing Act of February 25, 1920 (41 Stat. 437; 30 U.S.C. 181, et seq.), as amended, and reserved under the jurisdiction of the Secretary of the Interior for the determination and protection of the rights of the native Aleuts, Eskimos, and Indians of Alaska. The withdrawal and reservation created by this order shall expire at 12 (midnight), prevailing Alaska time, June 30, 1971 or 12 (midnight), prevailing Alaska time, on the day legislation for the determination and protection of the rights of the native Aleuts, Eskimos, and Indians of Alaska shall become law, whichever shall occur first. Said date shall be hereinafter referred to as the "Expiration Date".
2. Unless otherwise required by law, all applications for leases, licenses, permits or land title transfers which were pending before the Department of the Interior on January 17, 1969, will be given the same status and consideration beginning at 12 (noon), prevailing Alaska time, on the first business day following the 90th day after the Expiration Date, as though there had been no intervening period, unless previously recalled by the applicant.
3. From the Expiration Date until 12 (noon), prevailing Alaska time, on the first business day following the 90th day after the Expiration Date, the State of Alaska shall, subject to the provisions of paragraph 2 of this order, have a preferred right of selection as provided by section 6(g) of the Alaska Statehood Act of July 7, 1958 (72 Stat. 341). Any public lands not selected by the State and not otherwise reserved shall at 12 (noon), prevailing Alaska time, on the first business day following the 90th day after the Expiration Date, become subject to appropriation under the public land laws, subject to valid existing rights, the provisions of existing withdrawals and the requirements of applicable law.
4. Applications filed by the State of Alaska before January 4, 1969, to select unreserved public lands under the Statehood Act, which at the time of such filings were embraced in leases, licenses, permits or contracts issued pursuant to the Mineral Leasing Act of 1920, supra, or the Alaska Coal Leasing Act of 1914 (38 Stat. 741; 48 U.S.C. 432), as amended, and applications filed by the State of Alaska before December 13, 1968, to select other unreserved lands under the Statehood Act, shall be processed in accordance with the policies and procedures of this Department designed to protect the rights of the native Aleuts, Eskimos, and Indians of Alaska, which were in effect on January 17, 1969.
5. This order may be modified or amended by the Secretary of the Interior or his delegate upon the filing of an application which demonstrates that such modification or amendment is required for the construction of public or economic facilities in the public interest. Applications for such modification or amendment should be filed in the land office of the Bureau of Land Management, Anchorage, Alaska.
6. Other provisions of this order to the contrary notwithstanding, applications for patents and allotments may be processed to conclusion in the following cases where the conditions herein stated are met and there has been compliance with all other applicable provisions of law:
a. Homesteads, pursuant to the Act of May 14, 1898 (30 Stat. 409; 48 U.S.C. 371, et
seq.), as amended, where valid settlement was made prior to December 14, 1968;
b. Native allotments, pursuant to the Act of May 17, 1906 (34 Stat. 197; 48 U.S.C. 357, 357a, 357b), as amended, where occupation was commenced prior to December 14, 1968;
c. Trade or manufacturing sites, homesites or headquarters sites, pursuant to the Act of May 14, 1898 (30 Stat. 431; 48 U.S.C. 461, et seq.), as amended, where the claim was intiated prior to December 14, 1968.
7. All prior modifications and amendments of Public Land Order No. 4582 are hereby continued in force and effect until the Expiration Date.
8. This modification of Public Land Order No. 4582 shall become effective upon publication in the FEDERAL REGISTER.
FRED J. RUSSELL,
Acting Secretary of the Interior.
