§ 202, Pub. L. 84-830
(Alaska Mental Health Enabling Act, 1954)
Sec 202. (a) The Territory of Alaska is hereby granted
and shall be entitled to select, within ten years from the effective date of
this Act, not to exceed one million acres from the public lands of the United
States in Alaska which are vacant, unappropriated, and unreserved at the time
of their selection: Provided, That nothing herein contained shall affect any
valid existing rights. All lands duly selected
by the Territory of Alaska pursuant to this section shall be patented to the
Territory by the Secretary of the Interior.
(b) The lands authorized to be selected by the
Territory by subsection (a) of this section shall be selected in such manner as
the laws of the Territory may provide, and in conformity with such regulations
as the Secretary of the Interior may prescribe. The authority to make selections shall never be alienated or
bargained away, in whole or in part, by the Territory. All selections shall be made in reasonably
compact tracts, taking into account the situation and potential uses of the
lands involved. Upon the revocation of any order of withdrawal in Alaska, the
order of revocation shall provide for a period of not less than ninety days
before the date on which it otherwise becomes effective during which period the
Territory of Alaska shall have a preferred right of selection, subject to the
requirements of this Act, except as against prior existing valid rights or as
against equitable claims subject to
allowance and confirmation. Such preferred right of selection shall have precedence over the preferred
right of application created by section 4 of the Act of September 27, 1944 (58
Stat.748; 43 U.S.C., sec. 282), as now or hereafter amended, but not over other
preference rights now conferred by law.
As used in this subsection, the words "equitable claims subject to
allowance and confirmation" include, without limitation, claims of holders
of permits issued by the Department of Agriculture on lands eliminated from
national forests, whose permits have been terminated only because of such
elimination and who own valuable improvements on such lands.
(c) All grants
made or confirmed under this section shall include mineral deposits: Provided,
however, That mineral deposits in lands which on January 1, 1956, were subject
to public land order numbered 82 of January 1943, shall not be included in said
grants, but shall continue to be reserved to the United States.
(d) Following
the selection of lands by the Territory pursuant to subsection (b), but prior
to the issuance of final patent, the Territory shall be authorized to lease and
to make conditional sales of such selected lands.
All lands granted to the Territory of Alaska under this
section, together with the income therefrom and the proceeds from any
dispositions thereof, shall be administered by the Territory of Alaska as a
public trust and such proceeds and income shall first be applied to meet the
necessary expenses of the mental health program of Alaska. Such lands, income, and proceeds shall be
managed and utilized in such manner as the Legislature of Alaska may
provide. Such lands, together with any
property acquired in exchange therefor or acquired out of the income or proceeds
therefrom, may be sold, leased, mortgaged, exchanged, or otherwise disposed of
in such manner as the Legislature of Alaska may provide, in order to obtain
funds or other property to be invested, expended, or used by the Territory of
Alaska. The authority of the
Legislature of Alaska under this subsection shall be exercised in a manner
compatible with the conditions and requirements imposed by other provisions.