II 

115TH CONGRESS 

1ST SESSION S. 785 

To amend the Alaska Native Claims Settlement Act to provide for equitable 

allotment of land to Alaska Native veterans. 

IN THE SENATE OF THE UNITED STATES 

MARCH 30, 2017 

Mr. SULLIVAN (for himself and Ms. MURKOWSKI) introduced the following 

bill; which was read twice and referred to the Committee on Energy and 

Natural Resources 

A BILL 

To amend the Alaska Native Claims Settlement Act to provide for equitable allotment of land to Alaska Native 

veterans. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Alaska Native Vet5 erans Land Allotment Equity Act’’. 

6 SEC. 2. OPEN SEASON FOR CERTAIN ALASKA NATIVE VET7 ERANS FOR ALLOTMENTS. 

8 Section 41 of the Alaska Native Claims Settlement 

9 Act (43 U.S.C. 1629g) is amended— 


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1 (1) in subsection (a)— 

2 (A) in the subsection heading, by striking 

3 ‘‘IN GENERAL’’ and inserting ‘‘ALASKA NATIVE

4 VETERAN ALLOTMENTS’’; 

5 (B) by striking paragraphs (1) through (4) 

6 and inserting the following: 

7 ‘‘(1) ALLOTMENTS.— 

8 ‘‘(A) ELIGIBLE RECIPIENTS.—Any person 

9 described in paragraph (1) or (2) of subsection 

10 (b) shall be eligible to receive an allotment 

11 under the Act of May 17, 1906 (34 Stat. 197, 

12 chapter 2469) (as in effect before December 18, 

13 1971), of not more than 2 parcels of Federal 

14 land, the total area of which shall not exceed 

15 160 acres. Any person described in paragraphs 

16 (1) and (2) of subsection (b) who, prior to the 

17 date on which the Secretary promulgates regu18 lations pursuant to section 3 of the Alaska Na19 tive Veterans Land Allotment Equity Act, re20 ceived an allotment that has a total area of less 

21 than 160 acres shall be eligible to receive an al22 lotment under the Act of May 17, 1906 (34 

23 Stat. 197, chapter 2469) (as in effect before 

24 December 18, 1971), of not more than 1 parcel 

25 of Federal land, the total area of which shall 


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1 not exceed the difference in acres between 160 

2 acres and the total area of the allotment that 

3 the person previously received under the Act. 

4 ‘‘(B) RULE OF CONSTRUCTION.—The civil 

5 action styled ‘Shields v. United States’ (698 

6 F.2d 987 (9th Cir. 1983), cert. denied (104 S. 

7 Ct. 73 (1983))) shall not be construed to dimin8 ish or modify the eligibility of any person de9 scribed in paragraph (1) or (2) of subsection 

10 (b). 

11 ‘‘(C) FILING DEADLINE.—An allotment 

12 shall be filed for an eligible recipient not later 

13 than 3 years after the date on which the Sec14 retary promulgates regulations pursuant to sec15 tion 3 of the Alaska Native Veterans Land Al16 lotment Equity Act. 

17 ‘‘(2) LAND AVAILABLE FOR ALLOTMENTS.— 

18 ‘‘(A) IN GENERAL.—Subject to subpara19 graph (C), an allotment under this section shall 

20 be selected from land that is— 

21 ‘‘(i)(I) vacant; and 

22 ‘‘(II) owned by the United States; 

23 ‘‘(ii) selected by, or conveyed to, the 

24 State of Alaska, if the State voluntarily reVerDate Sep 11 2014 02:23 Apr 06, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S785.IS S785

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1 linquishes or conveys to the United States 

2 the land for the allotment; or 

3 ‘‘(iii) selected by, or conveyed to, a 

4 Native Corporation, if the Native Corpora5 tion voluntarily relinquishes or conveys to 

6 the United States the land for the allot7 ment. 

8 ‘‘(B) RELINQUISHMENT BY NATIVE COR9 PORATION.—If a Native Corporation relin10 quishes land under subparagraph (A)(iii), the 

11 Native Corporation may select appropriate Fed12 eral land, as determined by the Secretary, the 

13 area of which is equal to the area of the land 

14 relinquished by the Native Corporation, to re15 place the relinquished land. 

16 ‘‘(C) EXCLUSIONS.—An allotment under 

17 this section shall not be selected from land that 

18 is located within— 

19 ‘‘(i) a right-of-way of the TransAlaska 

20 Pipeline; 

21 ‘‘(ii) an inner or outer corridor of 

22 such a right-of-way; or 

23 ‘‘(iii) a unit of the National Park Sys24 tem, a National Preserve, or a National 

25 Monument. 


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1 ‘‘(D) RULE OF CONSTRUCTION.—The civil 

2 action styled ‘Shields v. United States’ (698 

3 F.2d 987 (9th Cir. 1983), cert. denied (104 S. 

4 Ct. 73 (1983))) shall not be construed to limit 

5 the land that is eligible for allotment under this 

6 paragraph. 

7 ‘‘(3) ALTERNATIVE ALLOTMENTS.—A person 

8 described in paragraph (1) or (2) of subsection (b) 

9 who qualifies for an allotment under this section on 

10 land described in paragraph (2)(C) may select an al11 ternative allotment from land that is— 

12 ‘‘(A) located within the boundaries of land 

13 described in paragraph (2)(C); 

14 ‘‘(B)(i)(I) withdrawn under section 

15 11(a)(1)(C); and 

16 ‘‘(II) not selected, or relinquished after se17 lection, under section 11(a)(3); 

18 ‘‘(ii) contiguous to an outer boundary of 

19 land withdrawn under section 11(a)(1)(C); or 

20 ‘‘(iii) vacant, unappropriated, and unre21 served; and 

22 ‘‘(C) not a unit of the National Park Sys23 tem, a National Preserve, or a National Monu24 ment.’’; and 


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1 (C) by redesignating paragraphs (5) and 

2 (6) as paragraphs (4) and (5), respectively; 

3 (2) in subsection (b)— 

4 (A) in paragraph (1), by striking subpara5 graph (B) and inserting the following: 

6 ‘‘(B) is a veteran who served during the 

7 period beginning on August 5, 1964, and end8 ing on May 7, 1975.’’; 

9 (B) by striking paragraph (2) and insert10 ing the following: 

11 ‘‘(2) DECEASED PERSONS.—If an individual 

12 who would otherwise have been eligible for an allot13 ment under this section dies before applying for an 

14 allotment, an heir of the person may apply for, and 

15 receive, an allotment under this section, on behalf of 

16 the estate of the person.’’; and 

17 (C) by striking paragraph (3) and insert18 ing the following: 

19 ‘‘(3) LIMITATIONS.—No person who received an 

20 allotment or has a pending allotment under the Act 

21 of May 17, 1906, may receive an allotment under 

22 this section, other than— 

23 ‘‘(A) an heir who applies for, and receives, 

24 an allotment on behalf of the estate of a de25 ceased person under paragraph (2); and 


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1 ‘‘(B) a person who, prior to the date on 

2 which the Secretary promulgates regulations 

3 pursuant to section 3 of the Alaska Native Vet4 erans Land Allotment Equity Act, received an 

5 allotment under the Act of May 17, 1906 (34 

6 Stat. 197, chapter 2469), that has a total area 

7 of less than 160 acres.’’; 

8 (3) by redesignating subsections (d) and (e) as 

9 subsections (f) and (g), respectively; 

10 (4) by inserting after subsection (c) the fol11 lowing: 

12 ‘‘(d) APPROVAL OF ALLOTMENTS.— 

13 ‘‘(1) IN GENERAL.—Subject to any valid right 

14 in existence on the date of enactment of the Alaska 

15 Native Veterans Land Allotment Equity Act, and ex16 cept as provided in paragraph (3), not later than 5 

17 years after the date of the enactment of the Alaska 

18 Native Veterans Land Allotment Equity Act, the 

19 Secretary shall— 

20 ‘‘(A) approve any application for an allot21 ment filed in accordance with subsection (a); 

22 and 

23 ‘‘(B) issue a certificate of allotment under 

24 such terms, conditions, and restrictions as the 

25 Secretary determines to be appropriate. 


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1 ‘‘(2) NOTIFICATION.—Not later than 2 years 

2 after the date of the enactment of the Alaska Native 

3 Veterans Land Allotment Equity Act, on receipt of 

4 an application for an allotment under this section, 

5 the Secretary shall provide to any person or entity 

6 that has an interest in land described in subsection 

7 (a)(2) that is potentially adverse to the interest of 

8 the applicant a notice of the right of the person or 

9 entity, by not later than 90 days after the date of 

10 receipt of the notice— 

11 ‘‘(A) to initiate a private contest of the al12 lotment; or 

13 ‘‘(B) to file a protest against the allotment 

14 in accordance with procedures established by 

15 the Secretary. 

16 ‘‘(3) ACTION BY SECRETARY.—If a private con17 test or protest relating to an application for an allot18 ment is initiated or filed under paragraph (2), the 

19 Secretary shall not issue a certificate for the allot20 ment under paragraph (1)(B) until a final deter21 mination has been made with respect to the private 

22 contest or protest. 

23 ‘‘(e) RESELECTION.—A person that selected an allot24 ment under this section may withdraw that selection and 

25 reselect land in accordance with this section after the date 


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1 of enactment of the Alaska Native Veterans Land Allot2 ment Equity Act, if the land originally selected— 

3 ‘‘(1) was selected before the date of enactment 

4 of the Alaska Native Veterans Land Allotment Eq5 uity Act; and 

6 ‘‘(2) as of the date of enactment of that Act, 

7 was not conveyed to the person.’’; and 

8 (5) by striking subsection (f), as designated by 

9 paragraph (3) and inserting: 

10 ‘‘(f) DEFINITIONS.—For the purposes of this section: 

11 ‘‘(1) The term ‘veteran’ means a person who 

12 served in the active military, naval, or air service, 

13 and who was discharged or released therefrom. 

14 ‘‘(2) The term ‘Vietnam era’ has the meaning 

15 given the term by paragraph (29) of section 101 of 

16 title 38.’’. 

17 SEC. 3. REGULATIONS. 

18 Not later than 1 year after the date of enactment 

19 of this Act, the Secretary of the Interior shall promulgate, 

20 after consultation with Alaska Native organizations, final 

21 regulations to carry out the amendments made by section 

22 2. During the consultation process, the Secretary shall, 

23 in coordination with Alaska Native organizations and to 

24 the greatest extent possible, identify persons who are eligi25 ble to receive an allotment under the amendments made 


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1 by section 2. Upon promulgation of the final regulations, 

2 the Secretary shall contact each of these persons directly 

3 to provide an explanation of the process by which the per4 son may apply for an allotment under the amendments 

5 made by section 2. 

Æ 


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