[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1421 Reported in Senate (RS)]
Calendar No. 468
108th CONGRESS
2d Session
S. 1421
[Report No. 108-251]
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
March 29, 2004
Reported by Mr. Domenici, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Alaska Native Allotment
Subdivision Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (A) transferring by gift, sale, or devise
separate interests in the land; or</DELETED>
<DELETED> (B) severing, by mutual consent, tenancies
in common;</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (A) rights-of-way for public
access;</DELETED>
<DELETED> (B) easements for utility installation,
use, and maintenance; and</DELETED>
<DELETED> (C) additional land for other public
purposes;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (7) those expectations should be fulfilled by
ratifying the validity under Federal law of the subdivisions
and dedications.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Restricted land.--The term ``restricted land''
means land in the State that is subject to Federal restrictions
against alienation and taxation.</DELETED>
<DELETED> (2) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> (3) State.--The term ``State'' means the State of
Alaska.</DELETED>
<DELETED>SEC. 4. SUBDIVISION AND DEDICATION OF ALASKA NATIVE RESTRICTED
LAND.</DELETED>
<DELETED> (a) In General.--An Alaska Native owner of restricted land
may, subject to the approval of the Secretary--</DELETED>
<DELETED> (1) subdivide the restricted land in accordance
with the laws of the--</DELETED>
<DELETED> (A) State; or</DELETED>
<DELETED> (B) applicable local platting authority;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 5. EFFECT.</DELETED>
<DELETED> (a) In General.--Nothing in this Act validates or
invalidates any assertion--</DELETED>
<DELETED> (1) that a Federally recognized Alaska Native
tribe has or lacks jurisdiction with respect to any land in the
State;</DELETED>
<DELETED> (2) that Indian country, as defined in section
1151 of title 18, United States Code, exists or does not exist
in the State; or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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)).</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Native Allotment Subdivision
Act''.
SEC. 2. 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. 3. 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 of 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. 4. EFFECT ON STATUS OF LAND NOT DEDICATED.
Except in a case in which a specific interest in restricted land is
dedicated under section 3(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 3(a)(1)).
Calendar No. 468
108th CONGRESS
2d Session
S. 1421
[Report No. 108-251]
_______________________________________________________________________
A BILL
To authorize the subdivision and dedication of restricted land owned by
Alaska Natives.
_______________________________________________________________________
March 29, 2004
Reported with an amendment