Page:United States Statutes at Large Volume 101 Part 3.djvu/509

 PUBLIC LAW 100-241—FEB. 3, 1988

101 STAT. 1807

(3) by amending subsections (c), (d), and (e) to read as follows: "(c) BENEFITS TO PRIVATE LANDOWNERS.—(1) In addition to any

requirement of applicable law, the appropriate Secretary is authorized to provide technical and other assistance with respect to fire control, trespass control, resource and land use planning, and the protection, maintenance, and enhancement of any special values of the land subject to the agreement, all with or without reimbursement as agreed upon by the parties, so long as the landowner is in compliance with the agreement. "(2) The provision of section 21(e) of the Alaska Native Claims Settlement Act shall apply to all lands which are subject to an agreement made pursuant to this section so long as the parties to the agreement are in compliance therewith. "(d) AUTOMATIC PROTECTIONS FOR LANDS CONVEYED PURSUANT TO THE ALASKA NATIVE CLAIMS SETTLEMENT ACT.—(I)(A) Notwithstand-

ing any other provision of law or doctrine of equity, all land and interests in land in Alaska conveyed by the Federal Government pursuant to the Alaska Native Claims Settlement Act to a Native individual or Native Corporation or subsequently reconveyed by a Native Corporation pursuant to section 39 of that Act to a Settlement Trust shall be exempt, so long as such land and interests are not developed or leased or sold to third parties from— "(i) adverse possession and similar claims based upon estoppel; "(ii) real property taxes by any governmental entity; "(iii) judgments resulting from a claim based upon or arising under— "(I) title 11 of the United States Code or any successor statute, "(II) other insolvency or moratorium laws, or "(III) other laws generally affecting creditors' rights; "(iv) judgments in any action at law or in equity to recover sums owed or penalties incurred by a Native Corporation or Settlement Trust or any employee, officer, director, or shareholder of such corporation or trust, unless this exemption is contractually waived prior to the commencement of such action; and "(v) involuntary distributions or conveyances related to the involuntary dissolution of a Native Corporation or Settlement Trust. "(B) Except as otherwise provided specifically provided, the exemptions described in subparagraph (A) shall apply to any claim or judgment existing on or arising after the date of the enactment of the Algiska Native Claims Settlement Act Amendments of 1987. "(2) DEFINITIONS.—(A) For purposes of this subsection, the term— "(i) 'Developed' means a purposeful modification of land, or an interest in land, from its original state that effectuates a condition of gainful and productive present use without further substantial modification. Surveying, construction of roads, providing utilities, or other similar actions, which are normally considered to be component parts of the development process but do not create the condition described in the preceding sentence, shall not constitute a developed state within the meaning of this clause. In order to terminate the exemptions listed in paragraph (1), land, or an interest in land, must be developed for purposes other than exploration, and the exemp-

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