[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 785 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 785

    To amend the Alaska Native Claims Settlement Act to provide for 
         equitable allotment of land to Alaska Native veterans.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 30, 2017

 Mr. Sullivan (for himself and Ms. Murkowski) 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 for 
         equitable allotment of land to Alaska Native veterans.

    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 Veterans Land 
Allotment Equity Act''.

SEC. 2. OPEN SEASON FOR CERTAIN ALASKA NATIVE VETERANS FOR ALLOTMENTS.

    Section 41 of the Alaska Native Claims Settlement Act (43 U.S.C. 
1629g) is amended--
            (1) in subsection (a)--
                    (A) in the subsection heading, by striking ``In 
                General'' and inserting ``Alaska Native Veteran 
                Allotments'';
                    (B) by striking paragraphs (1) through (4) and 
                inserting the following:
            ``(1) Allotments.--
                    ``(A) Eligible recipients.--Any person described in 
                paragraph (1) or (2) of subsection (b) shall be 
                eligible to receive an allotment under the Act of May 
                17, 1906 (34 Stat. 197, chapter 2469) (as in effect 
                before December 18, 1971), of not more than 2 parcels 
                of Federal land, the total area of which shall not 
                exceed 160 acres. Any person described in paragraphs 
                (1) and (2) of subsection (b) who, prior to the date on 
                which the Secretary promulgates regulations pursuant to 
                section 3 of the Alaska Native Veterans Land Allotment 
                Equity Act, received an allotment that has a total area 
                of less than 160 acres shall be eligible to receive an 
                allotment under the Act of May 17, 1906 (34 Stat. 197, 
                chapter 2469) (as in effect before December 18, 1971), 
                of not more than 1 parcel of Federal land, the total 
                area of which shall not exceed the difference in acres 
                between 160 acres and the total area of the allotment 
                that the person previously received under the Act.
                    ``(B) Rule of construction.--The civil action 
                styled `Shields v. United States' (698 F.2d 987 (9th 
                Cir. 1983), cert. denied (104 S. Ct. 73 (1983))) shall 
                not be construed to diminish or modify the eligibility 
                of any person described in paragraph (1) or (2) of 
                subsection (b).
                    ``(C) Filing deadline.--An allotment shall be filed 
                for an eligible recipient not later than 3 years after 
                the date on which the Secretary promulgates regulations 
                pursuant to section 3 of the Alaska Native Veterans 
                Land Allotment Equity Act.
            ``(2) Land available for allotments.--
                    ``(A) In general.--Subject to subparagraph (C), an 
                allotment under this section shall be selected from 
                land that is--
                            ``(i)(I) vacant; and
                            ``(II) owned by the United States;
                            ``(ii) selected by, or conveyed to, the 
                        State of Alaska, if the State voluntarily 
                        relinquishes or conveys to the United States 
                        the land for the allotment; or
                            ``(iii) selected by, or conveyed to, a 
                        Native Corporation, if the Native Corporation 
                        voluntarily relinquishes or conveys to the 
                        United States the land for the allotment.
                    ``(B) Relinquishment by native corporation.--If a 
                Native Corporation relinquishes land under subparagraph 
                (A)(iii), the Native Corporation may select appropriate 
                Federal land, as determined by the Secretary, the area 
                of which is equal to the area of the land relinquished 
                by the Native Corporation, to replace the relinquished 
                land.
                    ``(C) Exclusions.--An allotment under this section 
                shall not be selected from land that is located 
                within--
                            ``(i) a right-of-way of the TransAlaska 
                        Pipeline;
                            ``(ii) an inner or outer corridor of such a 
                        right-of-way; or
                            ``(iii) a unit of the National Park System, 
                        a National Preserve, or a National Monument.
                    ``(D) Rule of construction.--The civil action 
                styled `Shields v. United States' (698 F.2d 987 (9th 
                Cir. 1983), cert. denied (104 S. Ct. 73 (1983))) shall 
                not be construed to limit the land that is eligible for 
                allotment under this paragraph.
            ``(3) Alternative allotments.--A person described in 
        paragraph (1) or (2) of subsection (b) who qualifies for an 
        allotment under this section on land described in paragraph 
        (2)(C) may select an alternative allotment from land that is--
                    ``(A) located within the boundaries of land 
                described in paragraph (2)(C);
                    ``(B)(i)(I) withdrawn under section 11(a)(1)(C); 
                and
                    ``(II) not selected, or relinquished after 
                selection, under section 11(a)(3);
                    ``(ii) contiguous to an outer boundary of land 
                withdrawn under section 11(a)(1)(C); or
                    ``(iii) vacant, unappropriated, and unreserved; and
                    ``(C) not a unit of the National Park System, a 
                National Preserve, or a National Monument.''; and
                    (C) by redesignating paragraphs (5) and (6) as 
                paragraphs (4) and (5), respectively;
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking subparagraph (B) 
                and inserting the following:
                    ``(B) is a veteran who served during the period 
                beginning on August 5, 1964, and ending on May 7, 
                1975.'';
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Deceased persons.--If an individual who would 
        otherwise have been eligible for an allotment under this 
        section dies before applying for an allotment, an heir of the 
        person may apply for, and receive, an allotment under this 
        section, on behalf of the estate of the person.''; and
                    (C) by striking paragraph (3) and inserting the 
                following:
            ``(3) Limitations.--No person who received an allotment or 
        has a pending allotment under the Act of May 17, 1906, may 
        receive an allotment under this section, other than--
                    ``(A) an heir who applies for, and receives, an 
                allotment on behalf of the estate of a deceased person 
                under paragraph (2); and
                    ``(B) a person who, prior to the date on which the 
                Secretary promulgates regulations pursuant to section 3 
                of the Alaska Native Veterans Land Allotment Equity 
                Act, received an allotment under the Act of May 17, 
                1906 (34 Stat. 197, chapter 2469), that has a total 
                area of less than 160 acres.'';
            (3) by redesignating subsections (d) and (e) as subsections 
        (f) and (g), respectively;
            (4) by inserting after subsection (c) the following:
    ``(d) Approval of Allotments.--
            ``(1) In general.--Subject to any valid right in existence 
        on the date of enactment of the Alaska Native Veterans Land 
        Allotment Equity Act, and except as provided in paragraph (3), 
        not later than 5 years after the date of the enactment of the 
        Alaska Native Veterans Land Allotment Equity Act, the Secretary 
        shall--
                    ``(A) approve any application for an allotment 
                filed in accordance with subsection (a); and
                    ``(B) issue a certificate of allotment under such 
                terms, conditions, and restrictions as the Secretary 
                determines to be appropriate.
            ``(2) Notification.--Not later than 2 years after the date 
        of the enactment of the Alaska Native Veterans Land Allotment 
        Equity Act, on receipt of an application for an allotment under 
        this section, the Secretary shall provide to any person or 
        entity that has an interest in land described in subsection 
        (a)(2) that is potentially adverse to the interest of the 
        applicant a notice of the right of the person or entity, by not 
        later than 90 days after the date of receipt of the notice--
                    ``(A) to initiate a private contest of the 
                allotment; or
                    ``(B) to file a protest against the allotment in 
                accordance with procedures established by the 
                Secretary.
            ``(3) Action by secretary.--If a private contest or protest 
        relating to an application for an allotment is initiated or 
        filed under paragraph (2), the Secretary shall not issue a 
        certificate for the allotment under paragraph (1)(B) until a 
        final determination has been made with respect to the private 
        contest or protest.
    ``(e) Reselection.--A person that selected an allotment under this 
section may withdraw that selection and reselect land in accordance 
with this section after the date of enactment of the Alaska Native 
Veterans Land Allotment Equity Act, if the land originally selected--
            ``(1) was selected before the date of enactment of the 
        Alaska Native Veterans Land Allotment Equity Act; and
            ``(2) as of the date of enactment of that Act, was not 
        conveyed to the person.''; and
            (5) by striking subsection (f), as designated by paragraph 
        (3) and inserting:
    ``(f) Definitions.--For the purposes of this section:
            ``(1) The term `veteran' means a person who served in the 
        active military, naval, or air service, and who was discharged 
        or released therefrom.
            ``(2) The term `Vietnam era' has the meaning given the term 
        by paragraph (29) of section 101 of title 38.''.

SEC. 3. REGULATIONS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of the Interior shall promulgate, after consultation with 
Alaska Native organizations, final regulations to carry out the 
amendments made by section 2. During the consultation process, the 
Secretary shall, in coordination with Alaska Native organizations and 
to the greatest extent possible, identify persons who are eligible to 
receive an allotment under the amendments made by section 2. Upon 
promulgation of the final regulations, the Secretary shall contact each 
of these persons directly to provide an explanation of the process by 
which the person may apply for an allotment under the amendments made 
by section 2.
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