[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)).
                                 <all>