Washington : Government Printing Office
|Chap. 516||"Possessory rights."|
|Chap. 516||23 Stat. 26, 1100; 31 Stat. 330. 48 U.S.C. § 356.|
|Sec. 2||Timber on vacant lands, etc.|
|Sec. 2||Sale of unpatented lands, etc.|
|Sec. 2||Purchaser's rights.|
|Sec. 3||Validity of claims.|
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That “possessory rights” as used in this resolution shall mean all rights, if any should exist, which are based upon aboriginal occupancy or title, or upon section 8 of the Act of May 17, 1884 (23 Stat. 24), section 14 of the Act of March 3, 1891 (26 Stat. 1095), or section 27 of the Act of June 6, 1900 (31 Stat. 321), whether claimed by native tribes, native villages, native individuals, other persons, and which have not been confirmed by patent or court decision or included within any reservation.
(a) The Secretary of Agriculture, in contracts for the sale, or in the sale, of national forest timber under the provisions of the Act of June 4, 1897 (30 Stat. 11, 35), as amended, is authorized to include timber growing on any vacant, unappropriated, and unpatented lands within the exterior boundaries of the Tongass National Forest in
Alaska, notwithstanding any claim of possessory rights. All such contracts and sales heretofore made are hereby validated.
(b) The Secretary of the Interior is authorized to appraise and sell such vacant, unappropriated, and unpatented lands, notwithstanding any claim of possessory rights, within the exterior boundaries of the Tongass National Forest as, in the opinion of the Secretary of the Interior and the Secretary of Agriculture, are reasonably necessary in connection with or for the processing of timber from lands within such national forest, and upon such terms and conditions as they may impose.
(c) The purchaser shall have and exercise his rights under any patent issued or contract to sell or sale made under this section free and clear of all claims based upon possessory rights.
(a) All receipts from the sale of timber or from the sale of lands under section 2 of this resolution shall be maintained in a special account in the Treasury until the rights to the land and timber are finally determined.
(b) Nothing in this resolution shall be construed as recognizing or denying the validity of any claims of possessory rights to lands or timber within the exterior boundaries of the Tongass National Forest.
Approved, August 8, 1947.