[House Report 114-832]
[From the U.S. Government Publishing Office]





114th Congress      }                                  {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session         }                                  {      114-832

======================================================================



 
            ALASKA NATIVE VETERANS LAND ALLOTMENT EQUITY ACT

                                _______
                                

 November 22, 2016.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 2387]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2387) to amend the Alaska Native Claims 
Settlement Act to provide for equitable allotment of land to 
Alaska Native veterans, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

SEC. 2. CLARIFICATION REGARDING OCCUPANCY OF NATIVE ALLOTMENTS IN 
                    NATIONAL FORESTS.

  Section 18(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 
1617(a)) is amended--
          (1) by striking ``(a) No Native'' and inserting the 
        following:
  ``(a) Revocation.--
          ``(1) In general.--No Native'';
          (2) in the second sentence, by striking ``Further, the'' and 
        inserting the following:
          ``(2) Repeal.--The'';
          (3) in the third sentence, by striking ``Notwithstanding the 
        foregoing provisions of this section, any'' and inserting the 
        following:
          ``(3) Applications for allotment.--
                  ``(A) In general.--Notwithstanding paragraphs (1) and 
                (2), any''; and
          (4) in paragraph (3) (as designated by paragraph (3)), by 
        adding at the end the following:
                  ``(B) Certain applications approved.--Any allotment 
                application pending before the Department of the 
                Interior on December 18, 1971, that was closed by the 
                Department pursuant to the civil action styled `Shields 
                v. United States' (698 F.2d 987 (9th Cir. 1983), cert. 
                denied (104 S. Ct. 73 (1983))) shall be reopened and 
                considered to be approved pursuant to this 
                paragraph.''.

SEC. 3. 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 paragraph (1) 
                and (2) of subsection (b) who, prior to the date on 
                which the Secretary promulgates regulations pursuant to 
                section 4 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) 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 4 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.
          ``(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 4 
                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 December 31, 2020, 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 December 31, 2017, 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. 4. 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 this Act. 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 section 3 of this Act. 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 section 3 of this Act.

                          Purpose of the Bill

    The purpose of H.R. 2387 is to amend the Alaska Native 
Claims Settlement Act to provide for equitable allotment of 
land to Alaska Native veterans.

                  Background and Need for Legislation

    It is well known that per capita, American Indian and 
Alaska Natives have served at a higher rate in the United 
States Armed Forces than other ethnic groups.\1\ During the 
Vietnam War, which officially lasted from 1964-1975, 
approximately 2,800 Alaska Natives served in the military 
during the conflict. Unfortunately, due to their service to the 
United States, many of these veterans were unable exercise 
their right to apply for their Native land allotments under the 
Alaska Native Allotment Act\2\ prior to the enactment of the 
Alaska Native Claims Settlement Act of 1971\3\ (ANCSA), which 
repealed the Native Allotment Act.
---------------------------------------------------------------------------
    \1\U.S. Department of Veterans Affairs. ``American Indian and 
Alaska Native Veterans: Lasting Contributions.'' September 2006.
    \2\34 Stat. 197, as amended, repealed December 1971.
    \3\43 U.S.C. 1617 et seq.
---------------------------------------------------------------------------
    In 1998, Congress enacted legislation to provide Alaska 
Native Vietnam veterans an additional opportunity to obtain an 
allotment of up to 160 acres of land (in one or two parcels) 
under the Native Allotment Act.\4\
---------------------------------------------------------------------------
    \4\See Public Law 105-276, the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1999.
---------------------------------------------------------------------------
    Three major obstacles to this goal emerged, preventing many 
Alaska Native Vietnam veterans from selecting and obtaining 
their allotments. First, Alaska Native Vietnam veterans were 
able to apply only for land that had been vacant, 
unappropriated, and unreserved at the time their use of such 
land first began. Second, Alaska Native Vietnam veterans could 
apply only if they had served in active military duty from 
January 1, 1969, to December 31, 1971, despite the Vietnam 
conflict beginning and ending before and after this period. 
Third, such veterans were required to prove they had been using 
the allotment for which they applied in a substantially 
continuous and independent manner, at least potentially 
exclusive of others, for five or more years. This requirement 
was not in the original Native Allotment Act, nor was it 
required of other Alaska Native allotment applicants. 
Furthermore, adjudication of use and occupancy issues could 
take years and be very costly.
    These and several factors supporting the need for H.R. 2387 
are explained in the Department of the Interior's study on 
Alaska Native Veterans for Allotments as required by Public Law 
105-276.\5\
---------------------------------------------------------------------------
    \5\U.S. Department of the Interior: A Report Concerning Open Season 
for Certain Native Alaska Veterans for Allotments, June 1997.
---------------------------------------------------------------------------
    H.R. 2387 aims to increase the available land for 
allotments for Alaska Native Vietnam veterans by authorizing 
them to apply for land that is federally owned and vacant. The 
lack of available land under existing law nullifies the very 
purpose of granting Alaska Native Vietnam veterans an allotment 
benefit. Most land in Alaska is not available for Alaska Native 
Vietnam veteran allotment applications under existing law. For 
example, there is virtually no land available in southeast 
Alaska because such land is located within the Tongass National 
Forest or other federal reservations or conservation units, or 
it has been selected or conveyed to the State of Alaska or 
ANCSA Native Corporations or other individuals and entities 
through the operation of various public lands laws.
    H.R. 2387 will also expand the military service dates by 
which Native veterans become eligible to apply for an allotment 
to coincide with the entire Vietnam conflict: August 5, 1964, 
through May 7, 1975. The expansion of military service dates to 
include all Alaska Natives who served in the military during 
the Vietnam conflict is consistent with the federal 
government's policy of providing benefits to veterans of the 
Vietnam War. The federal government has given public land 
benefits to veterans (or their widows or heirs) of every war 
beginning with the Indian Wars of 1790 and ending with the 
Korean conflict in 1955. Incidentally, Alaska Native veterans 
were not eligible for these public land benefits until 1924 
because the courts had determined Alaska Natives were not 
United States citizens.
    H.R. 2387 would extend the deadline of the allotment 
application to three years after the Secretary of the Interior 
issues final regulations under section 4 of the bill. It also 
would correct the dates by which the Secretary of the Interior 
approves the allotments to accommodate the extension of the 
application process for Alaska Native Vietnam veterans.
    H.R. 2387 would also assure ANCSA Regional and Village 
Corporations that if an Alaska Native Vietnam veteran made his 
or her allotment selection within lands selected (and not yet 
conveyed) to those Corporations, the Corporation's lands 
entitlement would remain intact.
    The bill would prohibit an Alaska Native Vietnam veteran 
from selecting lands within the right-of-way granted for the 
Trans-Alaska Pipeline or the inner and outer corridor of that 
right-of-way withdrawal. It also would prohibit an applicant 
from selecting land from a unit of the National Park System, a 
National Preserve, or a National Monument.
    H.R. 2387 would also allow a veteran who made an allotment 
selection prior to enactment of the bill to withdraw that 
selection and reselect lands if the selected land was not 
conveyed to that person prior to enactment of the bill.

                            Committee Action

    H.R. 2387 was introduced on May 15, 2015, by Congressman 
Don Young (R-AK). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Indian, Insular and Alaska Native Affairs. On June 10, 2015, 
the Subcommittee held a hearing on the bill. On September 21, 
2016, the Natural Resources Committee met to consider the bill. 
The Subcommittee was discharged by unanimous consent. 
Congressman Don Young (R-AK) offered an amendment designated 
#1; it was adopted by voice vote. No further amendments were 
offered and the bill, as amended, was ordered favorably 
reported to the House of Representatives by voice vote on 
September 22, 2016.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance With House Rule XIII

    1. Cost of Legislation and Section 308(a) of the 
Congressional Budget Act. With respect to the requirements of 
clause 3(c)(2) and (3) of rule XIII of the Rules of the House 
of Representatives and sections 308(a) and 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the enclosed cost estimate for the bill from the Director of 
the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 18, 2016.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2387, the Alaska 
Native Veterans Land Allotment Equity Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 2387--Alaska Native Veterans Land Allotment Equity Act

    Summary: H.R. 2387 would amend the Alaska Native Claims 
Settlement Act to provide certain Alaska Natives or their heirs 
the opportunity to apply for allotments of land in the state. 
The bill also would require that some previously rejected 
applications for allotments of land in national forests in 
Alaska be reopened.
    CBO estimates that implementing H.R. 2387 would cost $50 
million over the 2017-2021 period and $80 million after 2021, 
assuming appropriation of the necessary amounts.
    Enacting H.R. 2387 would affect direct spending; therefore, 
pay-as-you-go procedures apply. However, CBO expects that net 
changes in direct spending would be insignificant in any year 
and over the 2017-2026 period. Enacting the bill would not 
affect revenues.
    CBO estimates that enacting the legislation would not 
increase net direct spending or on-budget deficits in any of 
the four consecutive 10-year periods beginning in 2027.
    H.R. 2387 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary effect of H.R. 2387 is shown in the following table. 
The costs of this legislation fall within budget function 450 
(community and regional development) and 300 (natural resources 
and environment).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                    ------------------------------------------------------------
                                                       2017      2018      2019      2020      2021    2017-2021
----------------------------------------------------------------------------------------------------------------
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Allotments to Alaska Native Veterans:
    Estimated Authorization Level..................         2         2         3         8        15         30
    Estimated Outlays..............................         2         2         3         8        15         30
Allotment Applications Claiming Ancestral Land Use:
    Estimated Authorization Level..................         1         3         3         5         8         20
    Estimated Outlays..............................         1         3         3         5         8         20
    Total Increases:
        Estimated Authorization Level..............         3         5         6        13        23         50
        Estimated Outlays..........................         3         5         6        13        23         50
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: CBO estimates that implementing H.R. 
2387 would increase administrative costs for the Department of 
the Interior (DOI) to review and approve applications for 
allotments of land. For this estimate, CBO assumes that H.R. 
2387 will be enacted near the end of 2016, that the estimated 
amounts will be provided each year, and that outlays will 
follow historical patterns of spending for similar activities.

Allotments to Alaska Native veterans

    H.R. 2387 would authorize DOI to grant allotments of up to 
160 acres of vacant, federally owned land in Alaska to Alaska 
Natives who served in the armed forces between August 5, 1964, 
and May 7, 1975, or the heirs of such veterans who are 
deceased. Any such land could not be located within a national 
park, a national preserve, a national monument, or a right-of-
way of the TransAlaska Pipeline. The bill also would allow 
certain other Alaska Native people and organizations with 
existing allotments to withdraw those allotments and select 
other lands instead. Under the bill, eligible people would not 
be required to have personally used the land for which they 
submit applications.
    Based on an analysis of information from DOI, CBO estimates 
that approximately 2,100 veterans or their heirs would be 
eligible to apply for allotments under H.R. 2387. Based on 
historical application rates for such allotments, CBO expects 
that about 70 percent of eligible people (or about 1,500 
people) would submit applications for allotments totaling about 
240,000 acres of land. Eligible people would have three years 
from the time final regulations are published to file an 
application for an allotment. Accordingly, CBO expects that the 
majority of allotments would not begin to be processed until 
2020. Based on DOI's historical spending patterns for the 
administration of land allotments in Alaska, CBO estimates that 
reviewing applications, acquiring lands that are not federally 
owned, and completing necessary land surveys prior to allotment 
would take between 10 and 13 years, and would cost $30 million 
over the 2017-2021 period and $60 million after 2021.\6\ Such 
spending would be subject to appropriation.
---------------------------------------------------------------------------
    \6\Under the bill, people could apply for and be allotted land that 
is owned by the state of Alaska or Alaska Native Corporations if the 
state or relevant corporations voluntarily convey the land to the 
United States. If an Alaska Native Corporation gives up certain land 
the bill would allow the corporation to replace such land with other 
federal land of an equal size. The bill would not allow the state the 
same authority to swap land.
---------------------------------------------------------------------------
    The majority of those costs would stem from the need to 
travel to remote areas of Alaska to complete surveys of the 
land to be allotted. Based on an analysis of information from 
DOI, CBO estimates that travel to and survey of federally owned 
lands would cost $14 million over the 2017-2021 period and $20 
million after 2021. Furthermore, based on information from DOI, 
CBO expects that about half of the applicants would seek land 
that is not currently federally owned and that land would need 
to be acquired from the State of Alaska or Native Corporations 
before it could be allotted to applicants. That process would 
require additional fieldwork and paperwork, including multiple 
physical surveys of the land, which CBO estimates would cost 
$10 million over the five-year period, and $30 million after 
2021. Finally, CBO also expects that DOI would need to hire 
eight additional employees and conduct additional work at its 
headquarters and at regional offices in Alaska to implement 
H.R. 2387. CBO estimates that those additional efforts would 
cost $6 million over the 2017-2021 period and $9 million after 
2021.

Allotment applications claiming ancestral land use

    H.R. 2387 also would reopen certain previously rejected 
applications for allotments of land under the Alaska Native 
Allotment Act of 1906. Affected applications include all those 
that were rejected because applicants claimed a right to the 
land on the basis that their ancestors had used the land, 
rather than on the basis that the applicants had personally 
used the land. Under the bill, eligible people could apply for 
allotments of up to 160 acres of certain types of federal land 
as specified in the bill, including lands located within 
national forests.
    The number of people who would be eligible to apply for 
allotments under this provision is uncertain. According to DOI, 
approximately 1,000 previously rejected applications would be 
automatically reopened under the bill. In addition, based on an 
analysis of information from DOI, CBO estimates that the 
provision could make up to 1,800 additional people newly 
eligible for allotments of land on the basis of ancestral land 
use. CBO has no basis for predicting how many of this 
additional group of people would apply for allotments; for the 
purpose of this estimate, we assume that half of them would 
apply for allotments under H.R. 2387, for a total of 1,900 new 
applications under the bill. CBO expects that those 1,900 
applicants would be awarded lands in the Tongass or Chugach 
National Forests totaling approximately 300,000 acres, that all 
such applications would be received within two years of 
enacting H.R. 2387, and that the majority of allotments would 
begin to be processed in 2019. Based on historical spending for 
administrative costs related to allotting lands in Alaska, CBO 
estimates that completing those transactions would take 10 
years, cost $20 million over the 2017-2021 period, and $20 
million after 2021, assuming appropriation of the necessary 
amounts. Such costs would primarily cover expenses for federal 
staff to travel to, survey, and prepare environmental 
assessments of land to be allotted.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending and 
revenues. CBO expects that some of the lands in the Tongass and 
Chugach National Forests that would be allotted to Alaska 
Natives under H.R. 2387 will, under current law, generate 
income from the sale of timber. As a result, CBO estimates that 
enacting the bill would reduce offsetting receipts, which would 
be equivalent to an increase in direct spending. Based on an 
analysis of information provided by the Forest Service, CBO 
estimates that such forgone receipts would total $1 million 
over the 2017-2026 period. However, because the Forest Service 
can spend a portion of timber receipts without further 
appropriation action, CBO estimates that any such forgone 
receipts would be largely offset by a corresponding reduction 
in direct spending, resulting in no significant net effect on 
direct spending in any year and over the 10-year period.
    Increase in long-term direct spending and deficits: CBO 
estimates that enacting the legislation would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    Intergovernmental and private-sector impact: H.R. 2387 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Robert Reese; Impact 
on State, Local, and Tribal Governments: Jon Sperl; Impact on 
the Private Sector: Amy Petz.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend the Alaska Native Claims 
Settlement Act to provide for equitable allotment of land to 
Alaska Native veterans.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman believes that this bill 
directs the Secretary of the Interior to conduct one specific 
rule-making proceeding.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                  ALASKA NATIVE CLAIMS SETTLEMENT ACT




           *       *       *       *       *       *       *
           revocation of indian allotment authority in alaska

  Sec. 18. [(a) No Native] (a)  Revocation._
          (1) In general._No Native covered by the provisions 
        of this Act, and no descendant of his, may hereafter 
        avail himself of an allotment under the provisions of 
        the Act of February 8, 1887 (24 Stat. 389), as amended 
        and supplemented, or the Act of June 25, 1910 (36 Stat. 
        363). [Further, the]
          (2) Repeal._The Act of May 17, 1906 (34 Stat. 197), 
        as amended, is hereby repealed. [Notwithstanding the 
        foregoing provisions of this section, any]
          (3) Applications for allotment._
                  (A) In general._Notwithstanding paragraphs 
                (1) and (2), any application for an allotment 
                that is pending before the Department of the 
                Interior on the date of enactment of this Act 
                may, at the option of the Native applicant, be 
                approved and a patent issued in accordance with 
                said 1887, 1910, or 1906 Act, as the case may 
                be, in which event the Native shall not be 
                eligible for a patent under subsection 14(h)(5) 
                of this Act.
                  (B) Certain applications approved.--Any 
                allotment application pending before the 
                Department of the Interior on December 18, 
                1971, that was closed by the Department 
                pursuant to the civil action styled ``Shields 
                v. United States'' (698 F.2d 987 (9th Cir. 
                1983), cert. denied (104 S. Ct. 73 (1983))) 
                shall be reopened and considered to be approved 
                pursuant to this paragraph.
  (b) Any allotments approved pursuant to this section during 
the four years following enactment of this Act shall be charged 
against the two million acre grant provided for in subsection 
14(h).
  (c)(1)(A) Notwithstanding any other provision of law, an 
allotment applicant, who had a valid application pending before 
the Department of the Interior on December 18, 1971, and whose 
application remains pending as of the date of enactment of this 
subsection, may amend the land description in the application 
of the applicant (with the advice and approval of the 
responsible officer of the Bureau of Indian Affairs) to 
describe land other than the land that the applicant originally 
intended to claim if--
          (i) the application pending before the Department, 
        either describes land selected by, tentatively approved 
        to, or patented to the State of Alaska or otherwise 
        conflicts with an interest in land granted to the State 
        of Alaska by the United States prior to the filing of 
        the allotment application;
          (ii) the amended land description describes land 
        selected by, tentatively approved to, or patented to 
        the State of Alaska of approximately equal acreage in 
        substitution for the land described in the original 
        application; and
          (iii) the Commissioner of the Department of Natural 
        Resources for the State of Alaska, acting under the 
        authority of State law, has agreed to reconvey or 
        relinquish to the United States the land, or interest 
        in land, described in the amended application.
  (B) If an application pending before the Department of the 
Interior as described in subparagraph (A) describes land 
selected by, but not tentatively approved to or patented to, 
the State of Alaska, the concurrence of the Secretary of the 
Interior shall be required in order for an application to 
proceed under this section.
  (2)(A) The Secretary shall accept reconveyance or 
relinquishment from the State of Alaska of the land described 
in an amended application pursuant to paragraph (1)(A), except 
where the land described in the amended application is State-
owned land within the boundaries of a conservation system unit 
as defined in the Alaska National Interest Lands Conservation 
Act. Upon acceptance, the Secretary shall issue a Native 
Allotment certificate to the applicant for the land reconveyed 
or relinquished by the State of Alaska to the United States.
  (B) The Secretary shall adjust the computation of the acreage 
charged against the land entitlement of the State of Alaska to 
ensure that this subsection will not cause the State to receive 
either more or less than its full land entitlement under 
section 6 of the Act entitled ``An Act to provide for the 
admission of the State of Alaska into the Union'', approved 
July 7, 1958 (commonly referred to as the ``Alaska Statehood 
Act''), and section 906 of the Alaska National Interest Lands 
Conservation Act (43 U.S.C. 1635). If the State retains any 
part of the fee estate, the State shall remain charged with the 
acreage.
  (d)(1) If an allotment application is valid or would have 
been approved under section 905 of the Alaska National 
Interests Lands Conservation Act (43 U.S.C. 1634) had the land 
described in the application been in Federal ownership on 
December 2, 1980, the Secretary may correct a conveyance to a 
Native Corporation or to the State that includes land described 
in the allotment application to exclude the described allotment 
land with the written concurrence of the Native Corporation or 
the State.
  (2) A written concurrence shall--
          (A) include a finding that the land description 
        proposed by the Secretary is acceptable; and
          (B) attest that the Native Corporation or the State 
        has not--
                  (i) granted any third party rights or taken 
                any other action that would affect the ability 
                of the United States to convey full title under 
                the Act of May 17, 1906 (34 Stat. 197, chapter 
                2469); and
                  (ii) stored or allowed the deposit of 
                hazardous waste on the land.
  (3) On receipt of an acceptable written concurrence, the 
Secretary, shall--
          (A) issue a corrected conveyance document to the 
        State or Native Corporation, as appropriate; and
          (B) issue a certificate of allotment to the allotment 
        applicant.
  (4) No documents of reconveyance from the State or an Alaska 
Native Corporation or evidence of title, other than the written 
concurrence and attestation described in paragraph (2), are 
necessary to use the procedures authorized by this subsection.
  (e)(1) An allotment applicant who had an application pending 
before the Department of the Interior on December 18, 1971, and 
whose application is still open on the records of the 
Department of the Interior as of the date of enactment of this 
subsection may revise the land description in the application 
to describe land other than the land that the applicant 
originally intended to claim if--
          (A) the application--
                  (i) describes land selected by or conveyed by 
                interim conveyance or patent to a Native 
                Corporation formed to receive benefits under 
                this Act; or
                  (ii) otherwise conflicts with an interest in 
                land granted to a Native Corporation by the 
                United States;
          (B) the revised land description describes land 
        selected by or conveyed by interim conveyance or patent 
        to a Native Corporation of approximately equal acreage 
        in substitution for the land described in the original 
        application;
          (C) the Director of the Bureau of Land Management has 
        not adopted a final plan of survey for the final 
        entitlement of the Native Corporation or its successor 
        in interest; and
          (D) the Native Corporation that selected the land or 
        its successor in interest provides a corporate 
        resolution authorizing reconveyance or relinquishment 
        to the United States of the land, or interest in land, 
        described in the revised application.
  (2) The land description in an allotment application may not 
be revised under this section unless the Secretary has 
determined--
          (A) that the allotment application is valid or would 
        have been approved under section 905 of the Alaska 
        National Interest Lands Conservation Act (43 U.S.C. 
        1634) had the land in the allotment application been in 
        Federal ownership on December 2, 1980;
          (B) in consultation with the administering agency, 
        that the proposed revision would not create an isolated 
        inholding within a conservation system unit (as defined 
        in section 102 of the Alaska National Interest Lands 
        Conservation Act (16 U.S.C. 3102)); and
          (C) that the proposed revision will facilitate 
        completion of a land transfer in the State.
  (3)(A) On obtaining title evidence acceptable under 
Department of Justice title standards and acceptance of a 
reconveyance or relinquishment from a Native Corporation under 
paragraph (1), the Secretary shall issue a Native allotment 
certificate to the applicant for the land reconveyed or 
relinquished by the Native Corporation.
  (B) Any allotment revised under this section shall, when 
allotted, be made subject to any easement, trail, right-of-way, 
or any third-party interest (other than a fee interest) in 
existence on the revised allotment land on the date of 
revision.
  (f)(1) If an applicant for a Native allotment filed under the 
Act of May 17, 1906 (34 Stat. 197, chapter 2469) petitions the 
Secretary to reinstate a previously closed Native allotment 
application or to accept a reconstructed copy of an application 
claimed to have been timely filed with an agency of the 
Department of the Interior, the United States--
          (A) may seek voluntary reconveyance of any land 
        described in the application that is reinstated or 
        reconstructed after the date of enactment of this 
        subsection; but
          (B) shall not file an action in any court to recover 
        title from a current landowner.
  (2) A certificate of allotment that is issued for any 
allotment application for which a request for reinstatement or 
reconstruction is received or accepted after the date of 
enactment of this subsection shall be made subject to any 
Federal appropriation, trail, right-of-way, easement, or 
existing third party interest of record, including third party 
interests created by the State, without regard to the date on 
which the Native allotment applicant initiated use and 
occupancy.

           *       *       *       *       *       *       *


     OPEN SEASON FOR CERTAIN ALASKA NATIVE VETERANS FOR ALLOTMENTS

  Sec. 41. (a)  [In General] Alaska Native Veteran 
Allotments.--[(1) During the eighteen month period following 
promulgation of implementing rules pursuant to subsection (e), 
a person described in subsection (b) shall be eligible for an 
allotment of not more than two parcels of federal land totaling 
160 acres or less under the Act of May 17, 1906 (chapter 2469; 
34 Stat. 197), as such Act was in effect before December 18, 
1971.]
  [(2) Allotments may be selected only from lands that were 
vacant, unappropriated, and unreserved on the date when the 
person eligible for the allotment first used and occupied those 
lands.
  [(3) The Secretary may not convey allotments containing any 
of the following--
          [(A) lands upon which a native or non-native campsite 
        is located, except for a campsite used primarily by the 
        person selecting the allotment;
          [(B) lands selected by, but not conveyed to, the 
        State of Alaska pursuant to the Alaska Statehood Act or 
        any other provision of law;
          [(C) lands selected by, but not conveyed to, a 
        Village or Regional Corporation;
          [(D) lands designated as wilderness by statute;
          [(E) acquired lands;
          [(F) lands containing a building, permanent 
        structure, or other development owned or controlled by 
        the United States, another unit of government, or a 
        person other than the person selecting the allotment;
          [(G) lands withdrawn or reserved for national defense 
        purposes other than National Petroleum Reserve-Alaska;
          [(H) National Forest Lands; and
          [(I) lands selected or claimed, but not conveyed, 
        under a public land law, including but not limited to 
        the following:
                  [(1) Lands within a recorded mining claim.
                  [(2) Home sites.
                  [(3) Trade and Manufacturing sites.
                  [(4) Reindeer sites or headquarters sites.
                  [(5) Cemetery sites.
  [(4) A person who qualifies for an allotment on lands 
prohibited from conveyance by a provision of subsection (a)(3) 
may select an alternative allotment from the following lands 
located within the geographic boundaries of the same Regional 
Corporation as the excluded allotment--
          [(A) lands withdrawn pursuant to section 11(a)(1) of 
        this Act which were not selected, or were relinquished 
        after selection;
          [(B) lands contiguous to the outer boundary of lands 
        withdrawn pursuant to section 11(a)(1)(C) of this Act, 
        except lands excluded from selection by a provision of 
        subsection (a)(3) and lands within a National Park; or
          [(C) vacant, unappropriated and unreserved lands.]
          (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 paragraph 
                (1) and (2) of subsection (b) who, prior to the 
                date on which the Secretary promulgates 
                regulations pursuant to section 4 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) 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 4 
                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.
          (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.
  [(5)] (4) After consultation with a person entitled to an 
allotment within a Conservation System Unit, the Secretary may 
convey alternative lands of equal acreage, including lands 
within a Conservation System Unit, to that person if the 
Secretary determines that the allotment would be incompatible 
with a purpose for which the Conservation System Unit was 
established.
  [(6)] (5) All conveyances under this section shall--
          (A) be subject to valid existing rights, including 
        any right of the United States to income derived, 
        directly or indirectly, from a lease, license, permit, 
        right-of-way or easement; and
          (B) reserve to the United States deposits of oil, gas 
        and coal, together with the right to explore, mine, and 
        remove these minerals, on lands which the Secretary 
        determines to be prospectively valuable for 
        development.
  (b) Eligible Person.--(1) A person is eligible to select an 
allotment under this section if that person--
          (A) would have been eligible for an allotment under 
        the Act of May 17, 1906 (chapter 2469; 34 Stat. 197), 
        as that Act was in effect before December 18, 1971 
        (except that the term ``nonmineral'', as used in that 
        Act, shall for the purpose of this subsection be 
        defined as provided in section 905(a)(3) of the Alaska 
        National Interest Lands Conservation Act (42 U.S.C. 
        1634(a)(3)), except that such definition shall not 
        apply to land within a conservation system unit); and
          [(B) is a veteran who served during the period 
        between January 1, 1969 and December 31, 1971 and--
                  [(i) served at least 6 months between January 
                1, 1969 and December 31, 1971; or
                  [(ii) enlisted or was drafted into military 
                service after June 2, 1971 but before December 
                3, 1971.]
          (B) is a veteran who served during the period 
        beginning on August 5, 1964, and ending on May 7, 1975.
  [(2)(A) The personal representative or special administrator, 
appointed in an Alaska State court proceeding of the estate of 
a decedent who was eligible under subsection (b)(1)(A) may, for 
the benefit of the heirs, select an allotment if the decedent 
was a veteran who served in South East Asia at any time during 
the period beginning August 5, 1964, and ending December 31, 
1971, and during that period the decedent--
          [(i) was killed in action;
          [(ii) was wounded in action and subsequently died as 
        a direct consequence of that wound, as determined by 
        the Department of Veterans Affairs or based on other 
        evidence acceptable to the Secretary; or
          [(iii) died while a prisoner of war.
          [(B)(i) If the Secretary requests that the Secretary 
        of Veterans Affairs make a determination whether a 
        veteran died as a direct consequence of a wound 
        received in action, the Secretary of Veterans Affairs 
        shall, within 60 days of receipt of the request--
                          [(I) provide a determination to the 
                        Secretary if the records of the 
                        Department of Veterans Affairs contain 
                        sufficient information to support such 
                        a determination; or
                          [(II) notify the Secretary that the 
                        records of the Department of Veterans 
                        Affairs do not contain sufficient 
                        information to support a determination 
                        and that further investigation will be 
                        necessary.
                  [(ii) Not later than 1 year after 
                notification to the Secretary that further 
                investigation is necessary, the Department of 
                Veterans Affairs shall complete the 
                investigation and provide a determination to 
                the Secretary.
  [(3) 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.]
          (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.
          (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 4 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.
  (c) Study and Report.--(1) The Secretary of the Interior 
shall conduct a study to identify and assess the circumstances 
of veterans of the Vietnam era who--
          (A) served during a period other than that specified 
        in subsection (b)(1)(B);
          (B) were eligible for an allotment under the Act of 
        May 17, 1906; and
          (C) did not apply for an allotment under that Act.
  (2) The Secretary shall, within one year of the enactment of 
this section, issue a written report on the study, including 
findings and recommendations, to the Committee on 
Appropriations and the Committee on Energy and Natural 
Resources in the Senate and the Committee on Appropriations and 
the Committee on Resources in the House of Representatives.
  (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 December 31, 
        2020, 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 December 31, 2017, 
        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.
  [(d) Definitions.--For the purposes of this section, the 
terms ``veteran'' and ``Vietnam era'' have the meanings given 
those terms by paragraphs (2) and (29), respectively, of 
section 101 of title 38, United States Code.]
  (f) Definition.--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.
  [(e)] (g) Regulations.--No later than 18 months after 
enactment of this section, the Secretary of the Interior shall 
promulgate, after consultation with Alaska Natives groups, 
rules to carry out this section.

           *       *       *       *       *       *       *


                            ADDITIONAL VIEWS

    The Alaska Native Allotment Act of 1906,\1\ as amended, 
gave the Secretary of the Interior authority to convey up to 
160 acres of non-mineral land to individual Alaska Natives.
---------------------------------------------------------------------------
    \1\34 Stat. 197.
---------------------------------------------------------------------------
    The Alaska Native Claims Settlement Act (ANCSA)\2\ repealed 
the 1906 Act, but with a savings provision for individual 
allotment claims then pending before the BLM. Certain Alaska 
Native veterans of the Vietnam War may have missed an 
opportunity to apply for an allotment because they were serving 
in the armed forces immediately prior to the 1971 enactment of 
ANCSA.
---------------------------------------------------------------------------
    \2\P.L. 92-203 (codified, as amended, at 43 U.S.C. 1601-1629).
---------------------------------------------------------------------------
    In 1998, the Alaska Native Vietnam Veterans Allotment 
Act\3\ was enacted to redress any unfairness that may have 
resulted. Pursuant to the Act, the Department of Interior 
reopened Native allotment applications for an 18-month period 
ending in January 2002.
---------------------------------------------------------------------------
    \3\P.L. 105-276.
---------------------------------------------------------------------------
    Altogether about 10,000 Alaska Natives filed allotment 
applications for more than 16,000 parcels. To date, the BLM has 
completed final patent to approximately 98 percent (over 13,100 
parcels) of individual Native allotments.
    H.R. 2387 will once again reopen Native allotment 
applications for Alaska Native Vietnam War-era veterans, but 
will expand the criteria for allotee status and increase the 
available land that can be selected for allotment.
    Unlike the original Alaska Native Vietnam Veterans 
Allotment Act, H.R. 2387 does not preclude selecting land in 
wildlife refuges, national forests, wilderness areas or 
national defense withdrawn areas.
    It also overrides the 1983 Ninth Circuit Court of Appeals 
decision in Shields v. United States, which held that, for 
purposes of understanding ANSCA, ``the Allotment Act [of 1906] 
requires the applicant to establish personal, rather than 
ancestral, use and occupancy of the land prior to its 
withdrawal for national forests.''
    Therefore, H.R.2387 would retroactively reopen and approve 
all applications for lands within the Tongass and Chugach 
National Forests which were pending by December 18, 1971 (the 
date of the enactment of ANCSA). According to the BLM, this 
would require approval of over 1,000 scattered new inholdings 
within the two National Forests.
    While the goals of the bill are laudable, H.R. 2387 as 
written proposes impractical solutions. It would re-open 
numerous land claims which are already resolved, allow for the 
selection of any vacant Federal land in the State with few 
exceptions, and disrupt settled land use arrangements under 
existing statutes. Finally, it could give rise to new issues of 
fairness related to other Alaska Natives and Native Vietnam-era 
veterans who were required to choose their allotment under more 
restrictive limitations.

                                   Raul M. Grijalva,
                                           Ranking Member, Committee on 
                                               Natural Resources.
                                   Alan Lowenthal.
                                   Grace F. Napolitano.
                                   Jared Polis.

                                  [all]