[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2553 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2553

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2002

 Mr. Murkowski ( for himself and Mr. Stevens) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural 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) of 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            (2) Subsection (a)(3) is repealed.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) A new subsection is added to read as follows:
    ``(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.
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