[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4345 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4345

To amend the Alaska Native Claims Settlement Act to clarify the process 
   of allotments to Alaskan Natives who are veterans, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 13, 2000

 Mr. Young of Alaska introduced the following bill; which was referred 
                     to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Alaska Native Claims Settlement Act to clarify the process 
   of allotments to Alaskan Natives who are veterans, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Alaska Native Claims Technical 
Amendments Act of 2000''.

SEC. 2. RELATION TO CIVIL RIGHTS ACT OF 1964.

    Section 29(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 
1626(g)) is amended--
            (1) by inserting ``(1)'' after ``(g)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Any corporation, partnership, joint venture, sole 
proprietorship, trust, or affiliate with which a Native Corporation or 
its affiliate engages in one or more commercial transactions that 
exceed a total of $20,000 in a calendar year shall, when in the course 
and scope of such commercial transaction, be within the class of 
entities excluded from the definition of `employer' by section 
701(b)(1) of Public Law 88-352 (78 Stat. 253).''.

SEC. 3. ALASKA NATIVE VETERANS.

    Section 41 of the Alaska Native Claims Settlement Act (43 U.S.C. 
1629g) is amended as follows:
            (1) In subsection (a)(1), insert ``amended'' after 
        ``promulgation of''.
            (2) In subsection (a)(1), strike ``subsection (b)'' and 
        insert ``subsection (b)(1) or (b)(2)'';
            (3) In subsection (a)(1), insert ``and may submit an 
        application for an allotment to the Secretary in accordance 
        with the provisions of this section'' after ``December 18, 
        1971''.
            (4) Strike subsection (a)(2) and insert the following:
            ``(2) Allotments may be selected only from--
                    ``(A) lands that were vacant, unappropriated, and 
                unreserved on the date when the person eligible for the 
                allotment first used and occupied those lands;
                    ``(B) lands in the National Petroleum Reserve-
                Alaska which the person eligible for the allotment used 
                and occupied;
                    ``(C) lands that were not vacant, unappropriated, 
                and unreserved on the date when the person eligible for 
                the allotment first used and occupied those lands, but 
                which, prior to December 18, 1971, became vacant, 
                unappropriated, and unreserved during the time that the 
                person eligible for the allotment used and occupied 
                those lands; or
                    ``(D) lands that were not vacant, unappropriated, 
                and unreserved on the date when the person eligible for 
                the allotment first used and occupied those lands, but 
                which became vacant, unappropriated, and unreserved 
                after December 18, 1971, and remain vacant, 
                unappropriated, and unreserved.''.
            (5) In subsection (a)(3)(B), insert ``, and not 
        relinquished'' after ``provision of law''.
            (6) In subsection (a)(3)(C), strike ``Village or Regional'' 
        and insert ``Regional, Village, Urban, or Group''.
            (7) In subsection (a)(3)(C), insert ``, and not 
        relinquished'' after ``Corporation''.
            (8) In subsection (a)(3)(E), insert ``Federal'' after 
        ``acquired''.
            (9) In subsection (a)(3)(I), strike ``, including but not 
        limited to the following'' and all that follows through 
        ``Cemetery sites''.
            (10) In subsection (a)(4), insert ``described in subsection 
        (b)(1) or (b)(2)'' after ``A person''.
            (11) In subsection (a)(4)(B), strike ``(C)'' after 
        ``section 11(a)(1)''.
            (12) In subsection (a)(4)(B), strike ``Park; and'' and 
        insert ``Park; or''.
            (13) In subsection (a)(4)(C), insert ``, or lands withdrawn 
        solely under section 17(d)(1) of this Act'' after ``lands''.
            (14) In subsection (b)(1), strike ``A person'' and insert 
        ``Except as provided in paragraph (3), a person''.
            (15) In subsection (b)(1)(B), strike ``January 1, 1969 and 
        December 31, 1971'' and all that follows through ``December 3, 
        1971'', and insert ``August 5, 1964, and May 7, 1975, and 
        served on active duty for at least 6 months''.
            (16) In subsection (b)(2), insert ``(as defined pursuant to 
        State law)'' after ``personal representative''.
            (17) In subsection (b)(2), strike ``who was'' and insert 
        ``which decedent would have been''.
            (18) In subsection (b)(2), strike ``subsection (b)(1)'' and 
        insert ``paragraph (1),''.
            (19) In subsection (b)(2), strike ``if, during'' and all 
        that follows through ``prisoner of war.'' and insert ``under 
        this section.''.
            (20) In subsection (b)(3)--
                    (A) insert ``previously applied for the same 
                allotment,'' after ``No person who received an 
                allotment,'';
                    (B) insert ``application'' after ``pending 
                allotment'';
                    (C) strike ``receive'' and insert ``apply for''; 
                and
                    (D) insert before the period ``, other than a 
                person acting in the capacity of a personal 
                representative of an estate selecting an allotment 
                pursuant to paragraph (2)''.
            (21) In subsection (e)--
                    (A) strike ``of this section'' and insert ``of the 
                Alaska Native Claims Technical Amendments Act of 
                1999'';
                    (B) strike ``of the Interior'' after ``Secretary'';
                    (C) insert ``amended'' after ``Alaska Native 
                groups''; and
                    (D) insert ``as amended'' after ``rules to carry 
                out this section''.
            (22) Add at the end the following new subsection:
    ``(f) Approval of Allotments.--
            ``(1) In general.--Subject to valid existing rights, and 
        except as otherwise provided in this subsection, within 18 
        months after close of the application period, the Secretary 
        shall approve said application and issue a deed in accordance 
        with the Act of May 17, 1906, which shall be subject to the 
        same terms, conditions, and protections provided for such 
        deeds.
            ``(2) Notification.--Upon receipt of an allotment 
        application, but in any event, not later than 90 days after the 
        close of the application period, the Secretary shall notify the 
        State and all interested parties of the application and the 
        land description contained therein, and any such party shall 
        have 12 months following the close of the application period in 
        which to file with the Secretary a protest as provided in 
        paragraph (3).
            ``(3) Effect of protest.--Paragraph (1) shall not apply and 
        the Native allotment application shall be adjudicated pursuant 
        to the requirements of the Act of May 17, 1906 (Chapter 2469; 
        34 Stat. 197), this Act, and other applicable law, if, pursuant 
        to paragraph (2)--
                    ``(A) a Native Corporation files a protest with the 
                Secretary stating that the applicant is not entitled to 
                the land described in the allotment application, and 
                said land is withdrawn for selection by or has been 
                conveyed to the Native Corporation pursuant to this 
                Act;
                    ``(B) the State files a protest with the Secretary 
                stating that the land described in the allotment 
                application is necessary for access to lands owned by 
                the United States, the State of Alaska, or a political 
                subdivision of the State of Alaska, to resources 
                located thereon, or to a public body of water regularly 
                employed for transportation purposes, and the protest 
                states with specificity the facts upon which the 
                conclusions concerning access are based and that no 
                reasonable alternative for access exists;
                    ``(C) a person or entity files a protest with the 
                Secretary stating that the applicant is not entitled to 
                the land described in the allotment application and 
                that said land is the situs of improvements claimed by 
                the person or entity; or
                    ``(D) a person who resides in the vicinity of the 
                land described in the allotment application files a 
                protest with the Secretary stating that the land 
                described in the allotment application is land subject 
                to communal use.
            ``(4) Approval procedure.--Upon expiration of the 18 months 
        following the close of the application period pursuant to 
        subsection (a)(1), the Secretary shall--
                    ``(A) if no protest is timely filed, approve the 
                application pursuant to paragraph (1); or
                    ``(B) if a protest is timely filed, adjudicate the 
                legal sufficiency of any such protest, and--
                            ``(i) if the protest is legally 
                        insufficient, approve the application; or
                            ``(ii) if the protest is valid, issue a 
                        decision that closes the application and that 
                        is final for the Secretary.''.

SEC. 4. APPLICABILITY OF NATIONAL WILDLIFE REFUGE RESTRICTIONS.

    Section 22(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 
1621(g)) is amended by striking ``Notwithstanding'' and all that 
follows through ``of such Refuge.''.

SEC. 5. CLARIFICATION OF LIABILITY FOR CONTAMINATION.

    The Alaska Native Claims Settlement Act is amended by adding at the 
end the following new section:

             ``clarification of liability for contamination

    ``Sec. 42. Notwithstanding section 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, or any 
other provision of law, no person acquiring any interest in land under 
this Act shall be liable for the costs of removal or remedial action, 
any damages, or any third party liability arising out of or as a result 
of any contamination on that land at the time that such land was 
acquired under this Act unless such person was directly responsible for 
such contamination.''.

SEC. 6. LEVIES ON SETTLEMENT TRUST INTERESTS.

    Section 39(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 
1629(c)) is amended by adding at the end the following new paragraph:
    ``(8) A beneficiary's interest in a settlement trust and the 
distributions thereon shall be subject to creditor action (including 
without limitation pledge, lien, judgment execution, assignment, and 
the insolvency and bankruptcy laws) only to the extent that Settlement 
Common Stock and the distributions thereon are subject to such creditor 
action under section 7(h) of this Act.''.
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