[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1421 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1421
To authorize the subdivision and dedication of restricted land owned by
Alaska Natives.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 16, 2003
Ms. Murkowski introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To authorize the subdivision and dedication of restricted land owned by
Alaska Natives.
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 Allotment Subdivision
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Alaska Natives that own land subject to Federal
restrictions against alienation and taxation need to be able to
subdivide the restricted land for the purposes of--
(A) transferring by gift, sale, or devise separate
interests in the land; or
(B) severing, by mutual consent, tenancies in
common;
(2) for the benefit of the Alaska Native restricted
landowners, any persons to which the restricted land is
transferred, and the public in general, the Alaska Native
restricted landowners should be authorized to dedicate--
(A) rights-of-way for public access;
(B) easements for utility installation, use, and
maintenance; and
(C) additional land for other public purposes;
(3)(A) the lack of an explicit authorization by Congress
with respect to the subdivision and dedication of Alaska Native
land that is subject to Federal restrictions has called into
question whether such subdivision and dedication is legal; and
(B) this legal uncertainty has been detrimental to the
rights of Alaska Native restricted landowners to use or dispose
of the restricted land in the same manner as other landowners
are able to use and dispose of land;
(4) extending to Alaska Native restricted land owners the
same authority that other landowners have to subdivide and
dedicate land should be accomplished without depriving the
Alaska Native restricted landowners of any of the protections
associated with restricted land status;
(5) confirming the right and authority of Alaska Native
restricted land owners, subject to the approval of the
Secretary of the Interior, to subdivide their land and to
dedicate their interests in the restricted land, should be
accomplished without affecting the laws relating to whether
tribal governments or the State of Alaska (including political
subdivisions of the State) have authority to regulate land use;
(6) Alaska Native restricted land owners, persons to which
the restricted land is transferred, State and local platting
authorities, and members of the general public have formed
expectations in reliance on past subdivisions and dedications;
and
(7) those expectations should be fulfilled by ratifying the
validity under Federal law of the subdivisions and dedications.
SEC. 3. DEFINITIONS.
In this Act:
(1) Restricted land.--The term ``restricted land'' means
land in the State that is subject to Federal restrictions
against alienation and taxation.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Alaska.
SEC. 4. SUBDIVISION AND DEDICATION OF ALASKA NATIVE RESTRICTED LAND.
(a) In General.--An Alaska Native owner of restricted land may,
subject to the approval of the Secretary--
(1) subdivide the restricted land in accordance with the
laws of the--
(A) State; or
(B) applicable local platting authority; and
(2) execute a certificate of ownership and dedication with
respect to the restricted land subdivided under paragraph (1)
with the same effect under State law as if the restricted land
subdivided and dedicated were held by unrestricted fee simple
title.
(b) Ratification of Prior Subdivisions and Dedications.--Any
subdivision or dedication of restricted land executed before the date
of enactment this Act that has been approved by the Secretary and by
the relevant State or local platting authority, as appropriate, shall
be considered to be ratified and confirmed by Congress as of the date
on which the Secretary approved the subdivision or dedication.
SEC. 5. EFFECT.
(a) In General.--Nothing in this Act validates or invalidates any
assertion--
(1) that a Federally recognized Alaska Native tribe has or
lacks jurisdiction with respect to any land in the State;
(2) that Indian country, as defined in section 1151 of
title 18, United States Code, exists or does not exist in the
State; or
(3) that, except as provided in section 4, the State or any
political subdivision of the State does or does not have the
authority to regulate the use of any individually owned
restricted land.
(b) Effect on Status of Land Not Dedicated.--Except in a case in
which a specific interest in restricted land is dedicated under section
(4)(a)(2), nothing in this Act terminates, diminishes, or otherwise
affects the continued existence and applicability of Federal
restrictions against alienation and taxation on restricted land or
interests in restricted land (including restricted land subdivided
under section 4(a)(1)).
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