[Congressional Record Volume 150, Number 123 (Monday, October 4, 2004)]
[House]
[Pages H7970-H7971]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1500
                ALASKA NATIVE ALLOTMENT SUBDIVISION ACT

  Mr. GIBBONS. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 1421) to authorize the subdivision and dedication of 
restricted land owned by Alaska Natives.
  The Clerk read 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. 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 SPEAKER pro tempore (Mr. Petri). Pursuant to the rule, the 
gentleman from Nevada (Mr. Gibbons) and the gentlewoman from the Virgin 
Islands (Mrs. Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from Nevada (Mr. Gibbons).


                             General Leave

  Mr. GIBBONS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous material on the bill now under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Nevada?
  There was no objection.
  Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
  Senate 1421 is legislation sponsored by the gentlewoman from Alaska 
(Senator Murkowski) that will yield tremendous benefits to Alaska 
native owners of lands they obtained under the Native Allotment Act of 
1906.
  The bill resolves a problem that is confounding the State of Alaska, 
Alaska municipalities and the owners of native allotments. In the past 
few years, government attorneys have questioned whether current law 
authorizes the subdivision of Alaska native allotments or the placement 
of certain easements across them. Some allotments have already been 
subdivided, and the validity of these subdivisions is now in question.
  This bill fixes the problem. It allows Alaska natives to subdivide 
their allotments and dedicate rights-of-way on them, according to State 
law, without losing the protections in the restricted status of such 
lands.
  The law does not force Alaska natives to do anything with their 
lands. Rather, it gives them more freedom to utilize their property in 
an economically beneficial manner.
  This is an excellent, noncontroversial bill worked out cooperatively 
by all affected parties. I urge the adoption of this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mrs. CHRISTENSEN asked and was given permission to revise and extend 
her remarks.)
  Mrs. CHRISTENSEN. Mr. Speaker, the majority has explained the pending

[[Page H7971]]

measure. We on this side have no objection to its consideration.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GIBBONS. Mr. Speaker, I urge the adoption of this measure.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Nevada (Mr. Gibbons) that the House suspend the rules 
and pass the Senate bill, S. 1421.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

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