[House Report 119-188]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-188
======================================================================
ALASKA NATIVE VIETNAM ERA VETERANS LAND ALLOTMENT EXTENSION ACT OF 2025
_______
July 10, 2025.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Westerman, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 410]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 410) to extend the Alaska Native Vietnam era
veterans land allotment program, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose of the Legislation
The purpose of H.R. 410 is to extend the Alaska Native
Vietnam era veterans land allotment program, and for other
purposes.
Background and Need for Legislation
H.R. 410 would extend the Alaska Native Vietnam-era
Veterans Land Allotment Program five years to end on December
29, 2030, rather than the current end date of December 29,
2025. This extension would enable the Bureau of Land Management
(BLM) to continue outreach to the estimated 150 Alaska Native
Vietnam veterans that do not have addresses on file with BLM
and who are eligible for up to 160 acres of federal land in
Alaska. With President Trump's 2021 rescission of several
Alaska-specific Public Land Orders (PLOs), more federal land
may be available to fulfill selected allotments by eligible
Alaska Native veterans, necessitating more time to complete the
program.\1\
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\1\Public Land Order No. 7899; Partial Revocation of Public Land
Orders No. 5169, 5170, 5171, 5173, 5179, 5180, 5184, 5186, 5187, 5188,
5353, Alaska. 86 FR 5236. https://www.federal
register.gov/documents/2021/01/19/2021-01111/public-land-order-no-7899-
partial-revocation-of-public-land-orders-no-5169-5170-5171-5173-5179-
5180.
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When Congress passed the General Allotment Act\2\ in 1887,
it was unclear if it applied to Alaska Natives. To clarify,
Congress passed the Alaska Native Allotment Act (ANAA) in 1906,
which allowed the Secretary of the Interior to allot up to 160
acres of non-mineral federal land in Alaska to any Alaska
Native who was at least twenty-one years old.\3\ This allotted
land was to remain with the allottee and their family in
perpetuity.\4\
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\2\25 U.S.C. 331.
\3\34 Stat. 197 (Pub. Law 59-171). 1906. (repealed 1971). https://
govtrackus.s3.amazonaws.com/legislink/pdf/stat/34/STATUTE-34-
Pg197a.pdf.
\4\1934 Stat. 197 (Pub. Law 59-171). 1906. https://
govtrackus.s3.amazonaws.com/legislink/pdf/stat/34/STATUTE-34-
Pg197a.pdf. In 1956, the Alaska Native Allotment Act was amended to
require applicants to prove they had used and occupied the parcel for
at least five years to qualify for an allotment, but it also expanded
the allotment eligibility to include national forest land as long as
the applicant could prove the necessary occupancy and use. See Alaska
Native Lands and the Alaska Native Claims Settlement Act (ANCSA):
Overview and Selected Issues for Congress. Tana Fitzpatrick. December
2021. https://crsreports.congress.gov/product/pdf/R/R46997.
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The Alaska Native Claims Settlement Act (ANCSA)\5\ was
enacted in 1971 to settle the aboriginal land claims of Alaska
Natives, which had gone unresolved for more than 100 years
since the U.S. purchased Alaska from the Russian Empire in
1867.\6\ At the time of ANCSA's enactment, the Department of
the Interior (DOI) held a backlog of at least 7,000
applications for allotments under the ANAA.\7\ Because ANCSA
repealed the ANAA, eligible Alaska Natives were encouraged to
apply for an allotment of land before the ANAA was repealed.\8\
This push was largely successful, as 10,000 individuals applied
for an allotment.\9\ However, many Alaska Natives serving
overseas in the U.S. Armed Forces during the Vietnam War were
unable to submit an application for an allotment or were
unaware of the imminent repeal, which resulted in many Alaska
Native veterans being unable to select an allotment.\10\
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\5\P.L. 92-203. 85 Stat. 688.
\6\15 Stat. 539.
\7\Alaska Native Lands and the Alaska Native Claims Settlement Act
(ANCSA): Overview and Selected Issues for Congress. Tana Fitzpatrick.
December 2021. https://crsreports.congress.gov/product/pdf/R/R46997.
\8\43 U.S. Code Sec. 1617 and S. Rept. 115-451. Alaska Native
Vietnam Era Veterans Land Allotment Act.
\9\S. Rept. 115-451. Alaska Native Vietnam Era Veterans Land
Allotment Act. https://www.congress.gov/congressional-report/115th-
congress/senate-report/451/1.
\10\Alaska Native Lands and the Alaska Native Claims Settlement Act
(ANCSA): Overview and Selected Issues for Congress. Tana Fitzpatrick.
December 2021. https://crsreports.congress.gov/product/pdf/R/R46997;
and S. Rept. 115-451. Alaska Native Vietnam Era Veterans Land Allotment
Act. https://www.congress.gov/congressional-report/115th-congress/
senate-report/451/1.
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In 1998, Congress attempted to rectify this unintended
consequence by passing legislation that included a provision in
which Alaska Natives, or their heirs, who were eligible under
ANAA and served during the Vietnam War (serving between January
1, 1969, and June 2, 1971), or were enlisted or drafted before
December 17, 1971, to apply for an allotment of land.\11\ The
opportunities for allotted land came from vacant,
unappropriated, and unreserved parcels.\12\ These restrictions
proved challenging to navigate, and out of the 3,000 eligible
service members, only 500 applied.\13\ Noting the need to
address the lack of success following the 1998 legislation,
Congress amended the law in 2000 and again in 2004.\14\ Despite
these changes, approximately 2,800 eligible Alaska Natives had
yet to receive their allotment.\15\
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\11\1998 Act, Sec. 432 of Public Law 105-276.
\12\Id.
\13\Sullivan, Murkowski Renew Effort to Deliver Alaska Native
Vietnam-Era Veterans Their Rightful Land Allotments. Feb. 13, 2024.
https://www.murkowski.senate.gov/press/release/
sullivan-murkowski-renew-effort-to-deliver-alaska-native-vietnam-era-
veterans-their-rightful-land-allotments.
\14\S. Rept. 115-451. Alaska Native Vietnam Era Veterans Land
Allotment Act. p. 4-5 https://www.congress.gov/congressional-report/
115th-congress/senate-report/451/1.
\15\Id.
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In the 116th Congress, Congress passed the John D. Dingell,
Jr. Conservation Management, and Recreation Act, which included
a provision establishing the Alaska Native Vietnam-era Veterans
Land Allotment Program.\16\ The provision authorized eligible
Alaska Native Vietnam veterans, or their heirs, to select an
allotment of up to 160 acres from certain federal land. To be
eligible, the applicant (or their heir) must show proof of
service between August 5, 1964, and December 31, 1971, and have
not previously received an allotment. This provision authorized
an application period of five years beginning after final
regulations were issued, which currently is from December 28,
2020, to December 29, 2025.\17\
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\16\P.L. 116-9, Sec. 1119 (43 U.S. Code Sec. 1629g-1).
\17\Murray, Mariel. Alaska Native Lands and the Alaska Native
Claims Settlement Act (ANCSA): Overview and Selected Issues for
Congress. CRS. December 2021. https://www.crs.gov/Reports/
R46997?source=search#fn130.
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In January 2021, under President Trump, then-Secretary of
the Interior David Bernhardt signed the revocation of 11 Public
Land Orders (PLOs) initially put in place in 1972 and 1973 for
the benefit of Alaska Native Corporations under ANCSA.\18\
Then-Secretary Bernhardt's action opened up 28 million acres of
BLM land which could be used for allotment purposes.\19\
However, in February 2021, the Biden Administration postponed
the revocation, prompting a battle that waged throughout the
Biden Administration's term.\20\
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\18\Public Land Order No. 7899; Partial Revocation of Public Land
Orders No. 5169, 5170, 5171, 5173, 5179, 5180, 5184, 5186, 5187, 5188,
5353, Alaska. 86 FR 5236. https://www.federal
register.gov/documents/2021/01/19/2021-01111/public-land-order-no-7899-
partial-revocation-of-public-land-orders-no-5169-5170-5171-5173-5179-
5180.
\19\Sens. Lisa Murkowski and Dan Sullivan, Press Release, ``Access
Denied: BLM To Revoke 2021 Public Land Orders, Keep Alaska Lands in
Highly Restricted Status.'' July 2024. https://
www.murkowski.senate.gov/press/release/access-denied-blm-to-revoke-
2021-public-land-orders-keep-alaska-lands-in-highly-restricted-status.
\20\Id.
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In February 2024, Sens. Lisa Murkowski and Dan Sullivan
expressed concerns that then-Secretary of the Interior Deb
Haaland's ordering of further environmental impact statements
was unnecessarily delaying the allotment program.\21\ The
senators also highlighted that over the three years the program
had been up and running, only 18 of the more than 2,000
eligible Alaska Native veterans had received their
allotments.\22\ On February 26, 2024, the BLM website for the
Alaska Native Vietnam-era Veterans Land Allotment Program
showed that only 15 applications had been certificated or
completed during the three years the program operated.\23\ BLM
data through January 24, 2025, indicated that 41 applications
have been certificated, with 378 applications in process. It
was also noted that the BLM still needs addresses for 150
eligible veterans.\24\ Considering how slow the process has
been for BLM to review and certify applications, it is unlikely
that all eligible Alaska Native Vietnam veterans would receive
their promised allotments without extending the program.
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\21\Sens. Lisa Murkowski and Dan Sullivan, Press Release,
``Sullivan, Murkowski Renew Effort to Deliver Alaska Native Vietnam-Era
Veterans Their Rightful Land Allotments.'' February 13, 2024. https://
www.murkowski.senate.gov/press/release/sullivan-murkowski-renew-effort-
to-
deliver-alaska-native-vietnam-era-veterans-their-rightful-land-
allotments.
\22\Id.
\23\BLM, ``Alaska Native Vietnam-era Veterans Land Allotment
Program'' February 26, 2024, archived at Wayback Machine, https://
web.archive.org/web/20240226002134/https://www.blm.
gov/programs/lands-and-realty/regional-information/alaska/land-
transfer/ak-native-allotment-act/alaska-native-vietnam-veterans-land-
allotment.
\24\BLM, ``Alaska Native Vietnam-era Veterans Land Allotment
Program'' January 27,
2025. https://www.blm.gov/programs/lands-and-realty/regional-
information/alaska/land-transfer/ak-native-allotment-act/alaska-native-
vietnam-veterans-land-allotment.
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On January 20, 2025, President Trump issued an Executive
Order (EO) titled Unleashing Alaska's Extraordinary Resource
Potential in which Public Land Order No. 7899, 7900, 7901,
7902, and 7903 were reinstated as originally issued on January
11, 2021.\25\ This EO also required the Department of the
Interior to review all PLOs to ensure that Interior's actions
are consistent with several Alaska related statutes, including
the Alaska Native Vietnam-era Veterans Land Allotment
Program.\26\
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\25\Unleashing Alaska's Extraordinary Resource Potential. Executive
Order. January 20,
2025. https://www.whitehouse.gov/presidential-actions/2025/01/
unleashing-alaskas-extraordinary -resource-potential/.
\26\Id.
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H.R. 410 would extend the Alaska Native Vietnam-era
Veterans Land Allotment Program for five more years beyond its
current expiration of December 29, 2025.
Committee Action
H.R. 410 was introduced on January 15, 2025, by
Representative Nicholas Begich (R-AK). The bill was referred to
the Committee on Natural Resources, and within the Committee to
the Subcommittee on Indian and Insular Affairs. On February 5,
2025, the Subcommittee on Indian and Insular Affairs held a
hearing on the bill. On June 25, 2025, the Committee on Natural
Resources met to consider the bill. The Subcommittee on Indian
and Insular Affairs was discharged from further consideration
of H.R. 410 by unanimous consent. The bill was ordered
favorably reported to the House of Representatives by unanimous
consent.
Hearings
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on Indian and Insular Affairs held
on February 5, 2025.
Section-by-Section Analysis
Section 1. Short title
Section 1 establishes that the short title shall be cited
as the ``Alaska Native Vietnam Era Veterans Land Allotment
Extension Act of 2025''.
Section 2. Extension of the Alaska Native Vietnam Era Veterans Land
Allotment Program
Section 2 amends Section 1119(b)(3)(B) of the John D.
Dingell, Jr. Conservation, Management, and Recreation Act (43
U.S.C. 1629g-1(b)(3)(B)) to extend the Alaska Native Vietnam
Veteran Land Allotment Program for an additional five years.
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 and
Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
Pursuant to clause 3(c)(2) of House rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause 3(c)(3) of House rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received from the Director of the Congressional Budget
Office a budgetary analysis and a cost estimate of this bill.
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 extend the Alaska Native Vietnam
era veterans land allotment program, and for other purposes.
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.
Unfunded Mandates Reform Act Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee, if such
estimate is not publicly available on the Congressional Budget
Office website.
Existing Programs
Directed Rule Making. This bill does not contain any
directed rule makings.
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.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
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 italics, and existing law in which no
change is proposed is shown in roman):
JOHN D. DINGELL, JR. CONSERVATION, MANAGEMENT, AND RECREATION ACT
* * * * * * *
TITLE I--PUBLIC LAND AND FORESTS
* * * * * * *
Subtitle B--Public Land and National Forest System Management
* * * * * * *
SEC. 1119. ALASKA NATIVE VIETNAM ERA VETERANS LAND ALLOTMENT.
(a) Definitions.--In this section:
(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 and is identified as
available for selection under
subsection (b)(5); or
(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.
(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;
(vi) designated as wilderness by
Congress;
(vii) within a unit of the National
Park System, a National Preserve, or a
National Monument;
(viii) within a component of the
National Trails System;
(ix) within a component of the
National Wild and Scenic Rivers System;
or
(x) within the National Petroleum
Reserve-Alaska.
(2) Eligible individual.--The term ``eligible
individual'' means an individual who, as determined by
the Secretary in accordance with subsection (c)(1),
is--
(A) a Native veteran--
(i) who served in the Armed Forces
during the period between August 5,
1964, and December 31, 1971; and
(ii) has not received an allotment
made pursuant to--
(I) the Act of May 17, 1906
(34 Stat. 197, chapter 2469)
(as in effect on December 17,
1971);
(II) section 14(h)(5) of the
Alaska Native Claims Settlement
Act (43 U.S.C. 1613(h)(5)); or
(III) section 41 of the
Alaska Native Claims Settlement
Act (43 U.S.C. 1629g); or
(B) is the personal representative of the
estate of a deceased eligible individual
described in subparagraph (A), who has been
duly appointed in the appropriate Alaska State
court or a registrar has qualified, acting for
the benefit of the heirs of the estate of a
deceased eligible individual described in
subparagraph (A).
(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) State.--The term ``State'' means the State of
Alaska.
(5) Veteran.--The term ``veteran'' has the meaning
given the term in section 101 of title 38, United
States Code.
(b) Allotments for Eligible Individuals.--
(1) Information to determine eligibility.--
(A) 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.
(B) Use.--The Secretary shall use the
information provided under subparagraph (A) to
determine whether an individual meets the
military service requirements under subsection
(a)(2)(A)(i).
(C) 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.
(2) Regulations.--Not later than 18 months after the
date of enactment of this section, the Secretary shall
promulgate regulations to carry out this subsection.
(3) Selection by eligible individuals.--
(A) In general.--An eligible individual--
(i) may select 1 parcel of not less
than 2.5 acres and not more than 160
acres of available Federal land; and
(ii) on making a selection pursuant
to clause (i), shall submit to the
Secretary an allotment selection
application for the applicable parcel
of available Federal land.
(B) Selection period.--An eligible individual
may apply for an allotment during the [5-year
period] 10-year period beginning on the
effective date of the final regulations issued
under paragraph (2).
(4) Conflicting selections.--If 2 or more eligible
individuals submit to the Secretary an allotment
selection application under paragraph (3)(A)(ii) for
the same parcel of available Federal land, the
Secretary shall--
(A) give preference to the selection
application received on the earliest date; and
(B) provide to each eligible individual the
selection application of whom is rejected under
subparagraph (A) an opportunity to select a
substitute parcel of available Federal land.
(5) Identification of available federal land
administered by the bureau of land management.--
(A) In general.--Not later than 1 year after
the date of enactment of this Act, the
Secretary, in consultation with the State,
Regional Corporations, and Village
Corporations, shall identify Federal land
administered by the Bureau of Land Management
as available Federal land for allotment
selection in the State by eligible individuals.
(B) Certification; survey.--The Secretary
shall--
(i) certify that the available
Federal land identified under
subparagraph (A) is free of known
contamination; and
(ii) survey the available Federal
land identified under subparagraph (A)
into aliquot parts and lots,
segregating all navigable and
meanderable waters and land not
available for allotment selection.
(C) Maps.--As soon as practicable after the
date on which available Federal land is
identified under subparagraph (A), the
Secretary shall submit to Congress, and publish
in the Federal Register, 1 or more maps
depicting the identified available Federal
land.
(D) Conveyances.--Any available Federal land
conveyed to an eligible individual under this
paragraph shall be subject to--
(i) valid existing rights; and
(ii) the reservation of minerals to
the United States.
(E) Intent of congress.--It is the intent of
Congress that not later than 1 year after the
date on which an eligible individual submits an
allotment selection application for available
Federal land that meets the requirements of
this section, 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 subparagraph (D).
(c) Identification of Available Federal Land in Units of the
National Wildlife Refuge System.--
(1) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall--
(A) conduct a study to determine whether any
additional Federal lands within units of the
National Wildlife Refuge System in the State
should be made available for allotment
selection; and
(B) report the findings and conclusions of
the study to Congress.
(2) Content of the report.--The Secretary shall
include in the report required under paragraph (1)--
(A) the Secretary's determination whether
Federal lands within units of the National
Wildlife Refuge System in the State should be
made available for allotment selection by
eligible individuals; and
(B) identification of the specific areas
(including maps) within units of the National
Wildlife Refuge System in the State that the
Secretary determines should be made available,
consistent with the mission of the National
Wildlife Refuge System and the specific
purposes for which the unit was established,
and this subsection.
(3) Factors to be considered.--In determining whether
Federal lands within units of the National Wildlife
Refuge System in the State should be made available
under paragraph (1)(A), the Secretary shall take into
account--
(A) the proximity of the Federal land made
available for allotment selection under
subsection (b)(5) to eligible individuals;
(B) the proximity of the units of the
National Wildlife Refuge System in the State to
eligible individuals; and
(C) the amount of additional Federal land
within units of the National Wildlife Refuge
System in the State that the Secretary
estimates would be necessary to make allotments
available for selection by eligible
individuals.
(4) Identifying federal land in units of the national
wildlife refuge system.--In identifying whether Federal
lands within units of the National Wildlife Refuge
System in the State should be made available for
allotment under paragraph (2)(B), the Secretary shall
not identify any Federal land in a unit of the National
Wildlife Refuge System--
(A) the conveyance of which, independently or
as part of a group of allotments--
(i) could significantly interfere
with biological, physical, cultural,
scenic, recreational, natural quiet, or
subsistence values of the unit of the
National Wildlife Refuge System;
(ii) could obstruct access by the
public or the Fish and Wildlife Service
to the resource values of the unit;
(iii) could trigger development or
future uses in an area that would
adversely affect resource values of the
surrounding National Wildlife Refuge
System land;
(iv) could open an area of a unit to
new access and uses that adversely
affect resources values of the unit; or
(v) could interfere with the
management plan of the unit;
(B) that is located within 300 feet from the
shore of a navigable water body;
(C) that is not consistent with the purposes
for which the unit of the National Wildlife
Refuge System was established;
(D) that is designated as wilderness by
Congress; or
(E) that is within the Arctic National
Wildlife Refuge.
(d) Limitation.--No Federal land may be identified for
selection or made available for allotment within a unit of the
National Wildlife Refuge System unless it has been authorized
by an Act of Congress subsequent to the date of enactment of
this Act. Further, any proposed conveyance of land within a
unit of the National Wildlife Refuge System must have been
identified by the Secretary in accordance with subsection
(c)(4) in the report to Congress required by subsection (c) and
include patent provisions that the land remains subject to the
laws and regulations governing the use and development of the
Refuge.
* * * * * * *
[all]