Limitation of Action

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09. Limitation of Action

(a)Complaint, time for filing; jurisdiction; commencement by State official; certainty and finality of vested rights, titles, and interests

Notwithstanding any other provision of law, any civil action to contest the authority of the United States to legislate on the subject matter or the legality of this chapter shall be barred unless the complaint is filed within one year of December 18, 1971, and no such action shall be entertained unless it is commenced by a duly authorized official of the State. Exclusive jurisdiction over such action is hereby vested in the United States District Court for the District of Alaska. The purpose of this limitation on suits is to insure that, after the expiration of a reasonable period of time, the right, title, and interest of the United States, the Natives, and the State of Alaska will vest with certainty and finality and may be relied upon by all other persons in their relations with the State, the Natives, and the United States.

(b)Land selection; suspension and extension of rights

In the event that the State initiates litigation or voluntarily becomes a party to litigation to contest the authority of the United States to legislate on the subject matter or the legality of this chapter, all rights of land selection granted to the State by the Alaska Statehood Act shall be suspended as to any public lands which are determined by the Secretary to be potentially valuable for mineral development, timber, or other commercial purposes, and no selections shall be made, no tentative approvals shall be granted, and no patents shall be issued for such lands during the pendency of such litigation. In the event of such suspension, the State’s right of land selection pursuant to section 6 of the Alaska Statehood Act shall be extended for a period of time equal to the period of time the selection right was suspended.

Analysis

Summary

Section 9 discusses the limitations and consequences of taking legal action regarding the authority and legality of the United States' jurisdiction over Alaska.

Subsection (a) states that any civil action contesting the United States' authority or the legality of this chapter must be filed within one year of December 18, 1971. Furthermore, such action must be initiated by an authorized state official and can only be entertained by the United States District Court for the District of Alaska. The purpose of this limitation is to ensure that the rights, titles, and interests of the United States, the Natives, and the State of Alaska become certain and final over time.

Subsection (b) states that if the State of Alaska initiates or becomes involved in litigation contesting the authority or legality mentioned above, the rights to select land granted in the Alaska Statehood Act will be suspended for lands with potential value for mineral development, timber, or other commercial purposes. During the litigation, no land selections, approvals, or patents can be granted for such lands. The state's right of land selection will be extended for a period equal to the duration of the suspension.

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