[Congressional Record Volume 150, Number 110 (Wednesday, September 15, 2004)]
[Senate]
[Page S9326]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                ALASKA NATIVE ALLOTMENT SUBDIVISION ACT

  The Senate proceeded to consider the bill (S. 1421) to authorize the 
subdivision and dedication of restricted land owned by Alaska Natives, 
which had been reported from the Committee on Energy and Natural 
Resources, with an amendment to strike all after the enacting clause 
and insert in lieu thereof the following:

       (Strike the part shown in black brackets and insert the 
     part shown in italic.)

                                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 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. 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)).]

     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)).
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 1421), as amended, was read the third time and passed.

                          ____________________