[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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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]