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

<DOC>





                                                       Calendar No. 710
115th CONGRESS
  2d 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

                            December 4, 2018

 Reported by Ms. Murkowski, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Alaska Native Veterans Land 
Allotment Equity Act''.</DELETED>

<DELETED>SEC. 2. OPEN SEASON FOR CERTAIN ALASKA NATIVE VETERANS FOR 
              ALLOTMENTS.</DELETED>

<DELETED>    Section 41 of the Alaska Native Claims Settlement Act (43 
U.S.C. 1629g) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in the subsection heading, by striking 
                ``In General'' and inserting ``Alaska Native Veteran 
                Allotments'';</DELETED>
                <DELETED>    (B) by striking paragraphs (1) through (4) 
                and inserting the following:</DELETED>
        <DELETED>    ``(1) Allotments.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Land available for allotments.--</DELETED>
                <DELETED>    ``(A) In general.--Subject to subparagraph 
                (C), an allotment under this section shall be selected 
                from land that is--</DELETED>
                        <DELETED>    ``(i)(I) vacant; and</DELETED>
                        <DELETED>    ``(II) owned by the United 
                        States;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Exclusions.--An allotment under this 
                section shall not be selected from land that is located 
                within--</DELETED>
                        <DELETED>    ``(i) a right-of-way of the 
                        TransAlaska Pipeline;</DELETED>
                        <DELETED>    ``(ii) an inner or outer corridor 
                        of such a right-of-way; or</DELETED>
                        <DELETED>    ``(iii) a unit of the National 
                        Park System, a National Preserve, or a National 
                        Monument.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) located within the boundaries of 
                land described in paragraph (2)(C);</DELETED>
                <DELETED>    ``(B)(i)(I) withdrawn under section 
                11(a)(1)(C); and</DELETED>
                <DELETED>    ``(II) not selected, or relinquished after 
                selection, under section 11(a)(3);</DELETED>
                <DELETED>    ``(ii) contiguous to an outer boundary of 
                land withdrawn under section 11(a)(1)(C); or</DELETED>
                <DELETED>    ``(iii) vacant, unappropriated, and 
                unreserved; and</DELETED>
                <DELETED>    ``(C) not a unit of the National Park 
                System, a National Preserve, or a National Monument.''; 
                and</DELETED>
                <DELETED>    (C) by redesignating paragraphs (5) and 
                (6) as paragraphs (4) and (5), respectively;</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking 
                subparagraph (B) and inserting the following:</DELETED>
                <DELETED>    ``(B) is a veteran who served during the 
                period beginning on August 5, 1964, and ending on May 
                7, 1975.'';</DELETED>
                <DELETED>    (B) by striking paragraph (2) and 
                inserting the following:</DELETED>
        <DELETED>    ``(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</DELETED>
                <DELETED>    (C) by striking paragraph (3) and 
                inserting the following:</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) an heir who applies for, and 
                receives, an allotment on behalf of the estate of a 
                deceased person under paragraph (2); and</DELETED>
                <DELETED>    ``(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.'';</DELETED>
        <DELETED>    (3) by redesignating subsections (d) and (e) as 
        subsections (f) and (g), respectively;</DELETED>
        <DELETED>    (4) by inserting after subsection (c) the 
        following:</DELETED>
<DELETED>    ``(d) Approval of Allotments.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) approve any application for an 
                allotment filed in accordance with subsection (a); 
                and</DELETED>
                <DELETED>    ``(B) issue a certificate of allotment 
                under such terms, conditions, and restrictions as the 
                Secretary determines to be appropriate.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) to initiate a private contest of the 
                allotment; or</DELETED>
                <DELETED>    ``(B) to file a protest against the 
                allotment in accordance with procedures established by 
                the Secretary.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) was selected before the date of enactment of 
        the Alaska Native Veterans Land Allotment Equity Act; 
        and</DELETED>
        <DELETED>    ``(2) as of the date of enactment of that Act, was 
        not conveyed to the person.''; and</DELETED>
        <DELETED>    (5) by striking subsection (f), as designated by 
        paragraph (3) and inserting:</DELETED>
<DELETED>    ``(f) Definitions.--For the purposes of this 
section:</DELETED>
        <DELETED>    ``(1) The term `veteran' means a person who served 
        in the active military, naval, or air service, and who was 
        discharged or released therefrom.</DELETED>
        <DELETED>    ``(2) The term `Vietnam era' has the meaning given 
        the term by paragraph (29) of section 101 of title 
        38.''.</DELETED>

<DELETED>SEC. 3. REGULATIONS.</DELETED>

<DELETED>    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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Alaska Native Vietnam Era Veterans 
Land Allotment Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to provide an opportunity for certain 
Alaska Native Vietnam era veterans to select and receive an allotment 
of Federal land in the State of Alaska.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Available federal land.--
                    (A) In general.--The term ``available Federal 
                land'' means Federal land in the State that--
                            (i) is vacant, unappropriated, and 
                        unreserved;
                            (ii) has been selected by, but not yet 
                        conveyed to--
                                    (I) the State, if the State agrees 
                                to voluntarily relinquish the selection 
                                of the Federal land for selection by an 
                                eligible individual; or
                                    (II) a Regional Corporation or a 
                                Village Corporation, if the Regional 
                                Corporation or Village Corporation 
                                agrees to voluntarily relinquish the 
                                selection of the Federal land for 
                                selection by an eligible individual; or
                            (iii) is identified as available for 
                        selection under section 4(d)(1).
                    (B) Exclusions.--The term ``available Federal 
                land'' does not include any Federal land in the State 
                that is--
                            (i)(I) a right-of-way of the TransAlaska 
                        Pipeline; or
                            (II) an inner or outer corridor of such a 
                        right-of-way;
                            (ii) withdrawn or acquired for purposes of 
                        the Armed Forces;
                            (iii) under review for a pending right-of-
                        way for a natural gas corridor;
                            (iv) within the Arctic National Wildlife 
                        Refuge;
                            (v) within a unit of the National Forest 
                        System; or
                            (vi) within a unit of the National Park 
                        System, a National Preserve, or a National 
                        Monument.
            (2) Eligible individual.--The term ``eligible individual'' 
        means an individual who, as determined by the Secretary in 
        accordance with section 4(a)--
                    (A) is--
                            (i) a Native veteran who served during the 
                        period between August 5, 1964, and December 31, 
                        1971; or
                            (ii) a personal representative, acting for 
                        the benefit of the heirs, of the estate of a 
                        deceased Native veteran who served during the 
                        period between August 5, 1964, and December 31, 
                        1971; and
                    (B) has received fewer than 157.5 acres pursuant 
                to--
                            (i) the Act of May 17, 1906 (34 Stat. 197, 
                        chapter 2469) (as in effect on December 17, 
                        1971); and
                            (ii) section 41 of the Alaska Native Claims 
                        Settlement Act (43 U.S.C. 1629g).
            (3) Native; regional corporation; village corporation.--The 
        terms ``Native'', ``Regional Corporation'', and ``Village 
        Corporation'' have the meanings given those terms in section 3 
        of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of Alaska.
            (6) Veteran.--The term ``veteran'' has the meaning given 
        the term in section 101 of title 38, United States Code.

SEC. 4. ALLOTMENTS FOR CERTAIN NATIVE VETERANS.

    (a) Information to Determine Eligibility.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Defense, in 
        coordination with the Secretary of Veterans Affairs, shall 
        provide to the Secretary a list of all members of the Armed 
        Forces who served during the period between August 5, 1964, and 
        December 31, 1971.
            (2) Use.--The Secretary shall use the information provided 
        under paragraph (1) to determine whether an individual meets 
        the military service requirements under section 3(2)(A).
            (3) Outreach and assistance.--The Secretary, in 
        coordination with the Secretary of Veterans Affairs, shall 
        conduct outreach, and provide assistance in applying for 
        allotments, to eligible individuals.
    (b) Selection by Eligible Individuals.--
            (1) In general.--An eligible individual--
                    (A) subject to paragraphs (2) and (3), may select 
                not more than 2 parcels of available Federal land 
                totaling not more than 160 acres; and
                    (B) on making a selection pursuant to subparagraph 
                (A), shall submit to the Secretary an allotment 
                selection application for the applicable parcels of 
                available Federal land.
            (2) Minimum acreage.--A parcel of available Federal land 
        selected pursuant to paragraph (1)(A) shall be not less than 
        2.5 acres.
            (3) Treatment of certain acres.--The following acres held 
        by an eligible individual shall be counted toward the 160-acre 
        limitation under paragraph (1)(A):
                    (A) Any acres received pursuant to the Act of May 
                17, 1906 (34 Stat. 197, chapter 2469) (as in effect on 
                December 17, 1971).
                    (B) Any acres received pursuant to section 41 of 
                the Alaska Native Claims Settlement Act (43 U.S.C. 
                1629g).
    (c) Conflicting Selections.--If 2 or more eligible individuals 
submit to the Secretary an allotment selection application under 
subsection (b)(1)(B) for the same parcel of available Federal land, the 
Secretary shall--
            (1) give preference to the selection application received 
        on the earliest date; and
            (2) provide to each eligible individual the selection 
        application of whom is rejected under paragraph (1) an 
        opportunity to select a substitute parcel of available Federal 
        land.
    (d) Identification of Available Federal Land for Allotment 
Selection.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, subject to paragraphs (2) and (3), the 
        Secretary, in consultation with the State, Regional 
        Corporations, and Village Corporations, shall identify not more 
        than 500,000 acres of Federal land as available Federal land 
        for allotment selection to meet the purpose of this Act.
            (2) Limitation on wildlife refuge acreage.--
                    (A) Yukon delta national wildlife refuge acreage.--
                Of the available Federal land identified under 
                paragraph (1), not more than 42,000 acres shall be 
                located in the Yukon Delta National Wildlife Refuge.
                    (B) Togiak national wildlife refuge acreage.--Of 
                the available Federal land identified under paragraph 
                (1), not more than 10,000 acres shall be located in the 
                Togiak National Wildlife Refuge.
            (3) Certification; survey.--The Secretary shall--
                    (A) certify that the available Federal land 
                identified under paragraph (1) is free of known 
                contamination; and
                    (B) survey the available Federal land under 
                paragraph (1) into aliquot parts and lots, segregating 
                all navigable and meanderable waters and land not 
                available for allotment selection.
            (4) Maps.--As soon as practicable after the date on which 
        available Federal land is identified under paragraph (1), the 
        Secretary shall submit to Congress, and publish in the Federal 
        Register, 1 or more maps depicting the identified available 
        Federal land.
    (e) Conveyances.--Any available Federal land conveyed to an 
eligible individual under this section shall be subject to--
            (1) valid existing rights;
            (2) the reservation of minerals to the United States; and
            (3) if the available Federal land conveyed is within the 
        boundaries of a unit of the National Wildlife Refuge System, 
        the laws (including regulations) applicable to the use and 
        development of the unit of the National Wildlife Refuge System.
    (f) Intent of Congress.--It is the intent of Congress that not 
later than 2 years after the date on which an eligible individual 
submits an allotment selection application under subsection (b)(1)(B) 
that meets the requirements of this Act, as determined by the 
Secretary, the Secretary shall issue to the eligible individual a 
certificate of allotment with respect to the available Federal land 
covered by the allotment selection application, subject to the 
requirements of subsection (e).
            Amend the title so as to read: ``A bill to provide an 
        opportunity for certain Alaska Native Vietnam era veterans to 
        select and receive an allotment of Federal land in the State of 
        Alaska.''.
                                                       Calendar No. 710

115th CONGRESS

  2d Session

                                 S. 785

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            December 4, 2018

        Reported with an amendment and an amendment to the title