[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