[Congressional Record Volume 149, Number 105 (Wednesday, July 16, 2003)]
[Senate]
[Pages S9503-S9504]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. MURKOWSKI:
  S. 1421. A bill to authorize the subdivision and dedication of 
restricted land owned by Alaska Natives; to the Committee on Energy and 
Natural Resources.
  Ms. MURKOWSKI. Mr. President, the Native Allotment Subdivision Act is 
the only answer to resolving the question of whether Native landowners 
have the authority to subdivide their own property. Individual Alaska 
Native landowners cannot subdivide their land to transfer it either by 
gift or by sale. There is no current authority that allows them to 
dedicate rights-of-way across their land for public access or for 
utility purposes. The lack of explicit statutory authorization calls 
into question the legal validity of lands that have been subdivided and 
lands that likely could be subdivided in the future. This legislation 
will provide the necessary authorization to the Department of the 
Interior and Native landowners to dedicate their land for public 
purposes as they see fit. No other legislation or policy exists that 
addresses such a unique problem. Essentially this bill allows Alaska 
Natives to own lands with the same obligations and privileges of other 
private landowners in Alaska. However, the bill creates no obligation 
of Alaska Natives to do anything with their allotments unless they 
elect to sell or dispose of their lands.
  Over the past twenty years, hundreds of allotments have been 
subdivided, either for the purpose of commercial sale or to facilitate 
transfers of land to the landowners' children or other relatives. 
Problems arose when the Borough placed a utility line across frontage 
property of one of the Native landowners. Frontage property the Borough 
thought it had legal access to; there was no reason to consider 
potential conflicts existed. The new owner questioned the validity and 
legality of the Borough placing any kind of feature across his land. In 
addition, grantees of existing easements, such as utility easements for 
local electric cooperatives, have felt threatened with trespass action 
for easements previously granted in good faith.
  The question clearly goes to whether a trespass had been committed by 
local government. In fact in this case, subdivision plats were filed, 
signed and approved as evidenced by the appropriate signatures of the 
Bureau of Indian Affairs, the landowner and by the local governing 
authority. The official plats show streets laid out to provide frontage 
to the lots created by the subdivision, describing 10 foot utility 
rights-of-way on each lot. It is recognized that compliance with State 
law is required when landowners choose to subdivide their land. Given a 
choice, it would be advantageous to the Alaska Native landowners if the 
same opportunity was available to them. There is no applicable Federal 
law on the subject of subdivision of Native allotment lands. State law 
requires that access to subdivided lots be assured, typically by 
dedication of public rights-of-way, which will be shown on the 
subdivision plat.

[[Page S9504]]

  In an effort to overcome this problem, a collaborative process was 
undertaken by the affected Boroughs and the State of Alaska to validate 
such dedications by separately conveying either easements or title to 
roads and utility easements to State and local governments. This was so 
burdensome, time-consuming and complex, the process had to be 
abandoned. The platting authorities and the State were so disenchanted 
by this process, they had no choice but to turn to Congress for relief. 
The common sense approach to solving this dilemma, is to afford the 
same considerations to Native landowners that others have. Native 
landowners must have the same authority to subdivide and dedicate their 
land as anyone else has the right to do, according to existing State 
law
  By speeding up and simplifying the allotment subdivision process, the 
Native landowner, the Federal, State and local governments would all 
benefit. This legislation permits a Native landowner at his own option 
to abide by and receive the benefits of subdividing his land in 
accordance with State or local law. The uncertainty of whether 
officially filed allotment subdivision plats are valid would be 
removed. This legislation will also serve to authorize future allotment 
subdivisions, ratify and confirm the legal validity of those already 
created.
  The Native landowner will not be deprived of any of the protections 
of restricted land status. This legislation will confirm the restricted 
Native landowners' right to act in his own best interest. The issue 
they face is a choice between being able to subdivide their land, 
obtain a much greater total compensation for sales of subdivided lots 
or continue to be unable to subdivide their land. Their only option 
will be to sell one large tract that will almost always bring a 
substantially smaller total amount of compensation.
  The legislation I am introducing today is an issue that applies to 
Alaska only. The solution affects the Native Allotment Act of 1906, the 
same legislation which provides for Alaska Natives to receive title to 
up to 160 acres of public land.
  This legislation is non-controversial and is beneficial to all 
affected parties and to the general public. The State of Alaska and 
local governments have urged such legislation. The Department of the 
Interior is supportive.
  And, finally, passage of this legislation will be in the best 
interest of the Native allotment owners and the general public. I urge 
my colleagues to support this important legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1421

       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 applicable State or local 
     platting authority, as appropriate, is 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)).

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