Calendar No. 468

108TH CONGRESS REPORT " SENATE ! 2d Session 108–251 

ALASKA NATIVE ALLOTMENT SUBDIVISION ACT 

MARCH 29, 2004.—Ordered to be printed 

Mr. DOMENICI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 1421] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 1421), to authorize the subdivision and dedication of restricted land owned by Alaska natives, having considered 

the same, reports favorably thereon with an amendment and recommends that the bill, as amended, do pass. 

The amendment is as follows: 

Strike out all after the enacting clause and insert in lieu thereof 

the following:

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Alaska Native Allotment Subdivision Act’’. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) RESTRICTED LAND.—The term ‘‘restricted land’’ means land in the State 

that is subject to Federal restrictions against alienation and taxation. 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

(3) STATE.—The term ‘‘State’’ means the State of Alaska. 

SEC. 3. SUBDIVISION AND DEDICATION OF ALASKA NATIVE RESTRICTED LAND. 

(a) IN GENERAL.—An Alaska Native owner of restricted land may, subject to the 

approval of the Secretary—

(1) subdivide the restricted land in accordance with the laws of the—

(A) State; or 

(B) applicable local platting authority; and 

(2) execute a certificate of ownership and dedication with respect to the restricted land subdivided under paragraph (1) with the same effect under State 

law as if the restricted land subdivided and dedicated were held by unrestricted 

fee simple title. 

(b) RATIFICATION OF PRIOR SUBDIVISIONS AND DEDICATIONS.—Any subdivision or 

dedication of restricted land executed before the date of enactment of this Act that 

has been approved by the Secretary and by the relevant State or local platting authority, as appropriate, shall be considered to be ratified and confirmed by Congress 

as of the date on which the Secretary approved the subdivision or dedication. 

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SEC. 4. EFFECT ON STATUS OF LAND NOT DEDICATED. 

Except in a case in which a specific interest in restricted land is dedicated under 

section 3(a)(2), nothing in this Act terminates, diminishes, or otherwise affects the 

continued existence and applicability of Federal restrictions against alienation and 

taxation on restricted land or interests in restricted land (including restricted land 

subdivided under section 3(a)(1)). 

PURPOSE OF THE MEASURE

The purpose of S. 1421 is to authorize the subdivision and dedication of restricted land owned by Alaska Natives, subject to the 

approval of the Secretary of the Interior. 

BACKGROUND AND NEED

S. 1421 will provide Native landowners the authority to subdivide property they have received under the Native Allotment Act 

of 1906. Individual Alaska Native landowners cannot subdivide 

their native allotments to transfer it either by gift or by sale. Native landowners also lack authority to dedicate rights-of-way across 

their land for public access or for utility purposes. The lack of explicit statutory authorization calls into question the legal validity 

of lands that have been subdivided in the past and lands that likely could be subdivided in the future. S. 1421 will provide the necessary authorization to Alaska Native landowners to dedicate their 

land for public purposes, subject to the approval of the Secretary 

of the Interior. S. 1421 allows Alaska Natives to own lands with 

the same obligations and privileges of other private landowners in 

Alaska, but creates no obligation of Alaska Natives to do anything 

with their allotments unless they elect to sell or dispose of their 

lands. 

LEGISLATIVE HISTORY

S. 1421 was introduced by Senator Murkowski on July 16, 2003. 

The Subcommittee on Public Lands and Forests held a field hearing in Anchorage, Alaska, on August 6, 2003. S. Hrg. 108–163. The 

Subcommittee held a second hearing in Washington, D.C. on February 12, 2004. At the business meeting on March 10, 2004, the 

Committee on Energy and Natural Resources ordered S. 1421 favorably reported, with an amendment in the nature of a substitute. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on March 10, 2004, by a unanimous voice 

vote of a quorum present, recommends that the Senate pass S. 

1421, if amended as described herein. 

COMMITTEE AMENDMENT

During the consideration of S. 1421, the Committee adopted an 

amendment in the nature of a substitute. The amendment deleted 

the congressional findings section and simplified the savings clause 

language in the bill. The amendment is described in the section-bysection analysis below. 

SECTION-BY-SECTION ANALYSIS

Section 1 entitles the bill the ‘‘Alaska Native Allotment Subdivision Act’’. 

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Section 2 provides definitions used in the bill. 

Section 3 grants to Alaska Native landowners the ability to subdivide and dedicate restricted land in accordance with State and 

local law, subject to the approval of the Secretary of the Interior. 

The section also ratifies subdivisions and dedications executed 

prior to the date of enactment. 

Section 4 clarifies that nothing in this Act terminates, diminishes 

or otherwise affects Federal restrictions or alienation and taxation 

on restricted lands not dedicated by this Act. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 1421—Alaska Native Allotment Subdivision Act 

S. 1421 would allow Alaska Natives, subject to approval by the 

Secretary of the Interior, to legally subdivide certain parcels of 

land that have been allotted to them by the federal government. 

Under current law, federal restrictions against alienation and taxation prohibit individuals from subdividing those lands in accordance with state and local law. 

Based on information from the Department of the Interior, CBO 

estimates that S. 1421 would have no significant impact on the federal budget. The bill would not affect revenues. S. 1421 contains no 

intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would impose no costs on state, 

local, or tribal governments. 

The CBO staff contact for this estimate is Megan Carroll. This 

estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 1421. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 1421. 

EXECUTIVE COMMUNICATIONS

On February 12, 2004, the Committee on Energy and Natural 

Resources requested legislative reports from the Department of the 

Interior and the Office of Management and Budget. These reports 

had not been received at the time this report was filed. The testimony provided by the Bureau of Land Management at the Subcommittee hearing follows:

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STATEMENT OF KATHLEEN CLARKE, DIRECTOR, BUREAU OF

LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

Mr. Chairman and Members of the Committee, I am 

Kathleen Clarke, Director of the Bureau of Land Management, Department of the Interior. I appreciate the opportunity to appear before you today to present the Department’s views on S. 1421, the Alaska Native Allotment subdivision Act. The Department supports the intent of this 

bill. We would like to work with Committee to make certain technical amendments designed to clarify and 

strengthen the bill. 

BACKGROUND

The purpose of the Federal statutory restrictions placed 

on Alaska Native allotments and restricted Native townsite lots is to protect Alaska Native owners against loss of 

their State and local governments, the Bureau of Indian 

Affairs, realty service providers under the Indian Self-Determination Act, and the general public. All of these entities have in the past relied upon the legal validity of dedications to the public which appeared on the face of existing 

plats. 

Enactment of S. 1421 would remove an obstacle to pending lot sales and re-sales in existing subdivisions. It would 

pave the way for other Native owners of restricted lands 

to create new subdivisions in compliance with State or 

local platting requirements without forcing them to choose 

between the financial benefits of compliance with State 

law and the retention of protections against taxation and 

creditor’s claims inherent in the restricted status of their 

lands. This feature is clarified by Section 5(b) of S. 1421, 

which provides that Federal restrictions against taxation 

and alienation are only lost by compliance with State or 

local platting requirements as to those specific interests 

expressly dedicated in the Certificate of Ownership and 

Dedication. 

The Department recommends amending Section 4(a)(1) 

of the bill to read, ‘‘subdivide the restricted land for rightsof-way for public access, easements for utility installation, 

use and maintenance and for other public purposes, in accordance with the laws of the—’’ to make this section consistent with the findings in Section 2(a)(b)(c) of the bill. 

Additionally, the Department recommends adding a new 

section to the bill authorizing the promulgation of regulations to clarify how S. 1421 would be implemented. 

CONCLUSION

In closing, I would like to thank the Committee for its 

continuing commitment to address these complex issues, 

and reiterate the Department’s support for the intent of 

this bill. If enacted with certain technical changes, S. 1421 

will allow Native Alaskans to subdivide their restricted allotment lands with the approval of the Secretary. We look 

forward to working with the Committee on technical 

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amendments to this bill. I will be happy to answer any 

questions you may have.

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee notes that no changes in existing law are made by the bill S. 1421 as ordered reported.

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