[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3148 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3148

 To amend the Alaska Native Claims Settlement Act to provide equitable 
  treatment of Alaska Native Vietnam Veterans, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 16, 2001

 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 provide equitable 
  treatment of Alaska Native Vietnam 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. ALASKA NATIVE VETERANS.

    Section 41 of the Alaska Native Claims Settlement Act (43 U.S.C. 
1629g) is amended as follows:
            (1) Paragraphs (1) and (2) of subsection (a) are amended to 
        read as follows:
    ``(1) The period for filing allotments under this Act shall end on 
July 31, 2003. A person described in paragraph (1) or (2) or subsection 
(b) shall be eligible for an allotment of not more than two parcels of 
Federal land totaling 160 acres or less.
    ``(2) Allotments may be selected from--
            ``(A) vacant lands that are owned by the United States; or
            ``(B) lands that have been selected or conveyed to the 
        State of Alaska or a Native Corporation if such entity 
        voluntarily relinquishes or conveys to the United States the 
        land for the allotment.''.
            (2) Subsection (a)(3) is repealed.
            (3) In subsection (b)(1), strike ``A person'' and insert 
        ``Except as provided in paragraph (3), a person''.
            (4) Subsection (b)(1)(B) is amended to read as follows:
            ``(B) is a veteran who served during the period between 
        August 5, 1964, and May 7, 1975, including such dates.''.
            (5) Subsection (b)(2) is amended to read as follows:
    ``(2) If an individual who would otherwise have been eligible for 
an allotment dies before applying for the allotment, an heir on behalf 
of the estate of the deceased veteran may apply for and receive the 
allotment.''.
            (6) In subsection (b)(3), insert before the period the 
        following: ``, except for an heir who applies and receives an 
        allotment on behalf of the estate of a deceased veteran 
        pursuant to paragraph (2)''.
            (7) Subsection (e) is amended to read as follows:
    ``(e) Regulations.--All regulations in effect immediately before 
the enactment of subsection (f) that were promulgated under the 
authority of this section shall be repealed in accordance with section 
552(a)(1)(E) of the Administrative Procedure Act (5 U.S.C. 
552(a)(1)(E))''.
            (8) Add at the end the following new subsection:
    ``(f) Approval of Allotments.--(1) Subject to valid existing 
rights, and except as otherwise provided in this subsection, not later 
than January 31, 2005, the Secretary shall approve an application for 
allotments filed in accordance with subsection (a) and issue a 
certificate of allotment which shall be subject to the same terms, 
conditions, restrictions, and protections provided for such allotments.
    ``(2) Upon receipt of an allotment application, but in any event 
not later than October 31, 2003, the Secretary shall notify any person 
or entity having an interest in land potentially adverse to the 
applicant of their right to initiate a private contest or file a 
protest under existing Federal regulations.
    ``(3) Not later than January 31, 2005, the Secretary shall--
            ``(A) if no contest or protest is timely filed, approve the 
        application pursuant to paragraph (1); or
            ``(B) if a contest or protest is timely filed, stay the 
        issuance of the certificate of allotment until the contest or 
        protest has been decided.''.

SEC. 2. CODIFICATION.

    Unless otherwise provided in an agreement to which the tribe or 
tribal organization is a party, (including a Tribal-State compact), 
section 2(2) of the Act of July 5, 1935 (49 Stat. 450, chapter 372) 
shall not apply to the Indian tribe or tribal organization when the 
Indian tribe or tribal organization is carrying out a health care 
program pursuant to a self-determination contract, compact, annual 
funding agreement, grant, or cooperative agreement under the Indian 
Self Determination Act.
                                 <all>