IB 

Union Calendar No. 653 

114TH CONGRESS 

2D SESSION H. R. 2387 

[Report No. 114–832] 

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

allotment of land to Alaska Native veterans. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2015 

Mr. YOUNG of Alaska introduced the following bill; which was referred to the 

Committee on Natural Resources 

NOVEMBER 22, 2016 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 15, 2015] 


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A BILL 

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

veterans. 


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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 Veterans 

5 Land Allotment Equity Act’’. 

6 SEC. 2. CLARIFICATION REGARDING OCCUPANCY OF NA7 TIVE ALLOTMENTS IN NATIONAL FORESTS. 

8 Section 18(a) of the Alaska Native Claims Settlement 

9 Act (43 U.S.C. 1617(a)) is amended— 

10 (1) by striking ‘‘(a) No Native’’ and inserting 

11 the following: 

12 ‘‘(a) REVOCATION.— 

13 ‘‘(1) IN GENERAL.—No Native’’; 

14 (2) in the second sentence, by striking ‘‘Further, 

15 the’’ and inserting the following: 

16 ‘‘(2) REPEAL.—The’’; 

17 (3) in the third sentence, by striking ‘‘Notwith18 standing the foregoing provisions of this section, any’’ 

19 and inserting the following: 

20 ‘‘(3) APPLICATIONS FOR ALLOTMENT.— 

21 ‘‘(A) IN GENERAL.—Notwithstanding para22 graphs (1) and (2), any’’; and 

23 (4) in paragraph (3) (as designated by para24 graph (3)), by adding at the end the following: 


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1 ‘‘(B) CERTAIN APPLICATIONS APPROVED.— 

2 Any allotment application pending before the 

3 Department of the Interior on December 18, 

4 1971, that was closed by the Department pursu5 ant to the civil action styled ‘Shields v. United 

6 States’ (698 F.2d 987 (9th Cir. 1983), cert. de7 nied (104 S. Ct. 73 (1983))) shall be reopened 

8 and considered to be approved pursuant to this 

9 paragraph.’’. 

10 SEC. 3. OPEN SEASON FOR CERTAIN ALASKA NATIVE VET11 ERANS FOR ALLOTMENTS. 

12 Section 41 of the Alaska Native Claims Settlement Act 

13 (43 U.S.C. 1629g) is amended— 

14 (1) in subsection (a)— 

15 (A) in the subsection heading, by striking 

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

17 VETERAN ALLOTMENTS’’; 

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

19 and inserting the following: 

20 ‘‘(1) ALLOTMENTS.— 

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

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

23 (b) shall be eligible to receive an allotment under 

24 the Act of May 17, 1906 (34 Stat. 197, chapter 

25 2469) (as in effect before December 18, 1971), of 


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1 not more than 2 parcels of Federal land, the 

2 total area of which shall not exceed 160 acres. 

3 Any person described in paragraph (1) and (2) 

4 of subsection (b) who, prior to the date on which 

5 the Secretary promulgates regulations pursuant 

6 to section 4 of the Alaska Native Veterans Land 

7 Allotment Equity Act, received an allotment that 

8 has a total area of less than 160 acres shall be 

9 eligible to receive an allotment under the Act of 

10 May 17, 1906 (34 Stat. 197, chapter 2469) (as 

11 in effect before December 18, 1971), of not more 

12 than 1 parcel of Federal land, the total area of 

13 which shall not exceed the difference in acres be14 tween 160 acres and the total area of the allot15 ment that the person previously received under 

16 the Act. 

17 ‘‘(B) FILING DEADLINE.—An allotment 

18 shall be filed for an eligible recipient not later 

19 than 3 years after the date on which the Sec20 retary promulgates regulations pursuant to sec21 tion 4 of the Alaska Native Veterans Land Allot22 ment Equity Act. 

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


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (C), an allotment under this section shall 

3 be selected from land that is— 

4 ‘‘(i)(I) vacant; and 

5 ‘‘(II) owned by the United States; 

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

7 State of Alaska, if the State voluntarily re8 linquishes or conveys to the United States 

9 the land for the allotment; or 

10 ‘‘(iii) selected by, or conveyed to, a Na11 tive Corporation, if the Native Corporation 

12 voluntarily relinquishes or conveys to the 

13 United States the land for the allotment. 

14 ‘‘(B) RELINQUISHMENT BY NATIVE COR15 PORATION.—If a Native Corporation relinquishes 

16 land under subparagraph (A)(iii), the Native 

17 Corporation may select appropriate Federal 

18 land, as determined by the Secretary, the area of 

19 which is equal to the area of the land relin20 quished by the Native Corporation, to replace the 

21 relinquished land. 

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

23 this section shall not be selected from land that 

24 is located within— 


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

2 Pipeline; 

3 ‘‘(ii) an inner or outer corridor of such 

4 a right-of-way; or 

5 ‘‘(iii) a unit of the National Park Sys6 tem, a National Preserve, or a National 

7 Monument. 

8 ‘‘(3) ALTERNATIVE ALLOTMENTS.—A person de9 scribed in paragraph (1) or (2) of subsection (b) who 

10 qualifies for an allotment under this section on land 

11 described in paragraph (2)(C) may select an alter12 native allotment from land that is— 

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

14 described in paragraph (2)(C); 

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

16 11(a)(1)(C); and 

17 ‘‘(II) not selected, or relinquished after selec18 tion, under section 11(a)(3); 

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

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

21 ‘‘(iii) vacant, unappropriated, and unre22 served; and 

23 ‘‘(C) not a unit of the National Park Sys24 tem, a National Preserve, or a National Monu25 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 period 

7 beginning on August 5, 1964, and ending on May 7, 

8 1975.’’; 

9 (B) by striking paragraph (2) and inserting 

10 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 inserting 

18 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 this 

22 section, other than— 

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

24 an allotment on behalf of the estate of a deceased 

25 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 4 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 in 

14 existence on the date of enactment of the Alaska Na15 tive Veterans Land Allotment Equity Act, and except 

16 as provided in paragraph (3), not later than Decem17 ber 31, 2020, the Secretary shall— 

18 ‘‘(A) approve any application for an allot19 ment filed in accordance with subsection (a); 

20 and 

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

22 such terms, conditions, and restrictions as the 

23 Secretary determines to be appropriate. 

24 ‘‘(2) NOTIFICATION.—Not later than December 

25 31, 2017, on receipt of an application for an allotVerDate Sep 11 2014 21:30 Nov 22, 2016 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H2387.RH H2387

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1 ment under this section, the Secretary shall provide 

2 to any person or entity that has an interest in land 

3 described in subsection (a)(2) that is potentially ad4 verse to the interest of the applicant a notice of the 

5 right of the person or entity, by not later than 90 

6 days after the date of receipt of the notice— 

7 ‘‘(A) to initiate a private contest of the al8 lotment; or 

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

10 in accordance with procedures established by the 

11 Secretary. 

12 ‘‘(3) ACTION BY SECRETARY.—If a private con13 test or protest relating to an application for an allot14 ment is initiated or filed under paragraph (2), the 

15 Secretary shall not issue a certificate for the allotment 

16 under paragraph (1)(B) until a final determination 

17 has been made with respect to the private contest or 

18 protest. 

19 ‘‘(e) RESELECTION.—A person that selected an allot20 ment under this section may withdraw that selection and 

21 reselect land in accordance with this section after the date 

22 of enactment of the Alaska Native Veterans Land Allotment 

23 Equity Act, if the land originally selected— 


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

2 the Alaska Native Veterans Land Allotment Equity 

3 Act; and 

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

5 not conveyed to the person.’’; and 

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

7 paragraph (3) and inserting: 

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

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

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

11 and who was discharged or released therefrom. 

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

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

14 title 38.’’. 

15 SEC. 4. REGULATIONS. 

16 Not later than 1 year after the date of enactment of 

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

18 after consultation with Alaska Native organizations, final 

19 regulations to carry out the amendments made by this Act. 

20 During the consultation process, the Secretary shall, in co21 ordination with Alaska Native organizations and to the 

22 greatest extent possible, identify persons who are eligible to 

23 receive an allotment under section 3 of this Act. Upon pro24 mulgation of the final regulations, the Secretary shall con25 tact each of these persons directly to provide an explanation 


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1 of the process by which the person may apply for an allot2 ment under section 3 of this Act. 


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Union Calendar No. 653 

114TH CONGRESS 

2D SESSION H. R. 2387 

[Report No. 114–832] 

A BILL 

To amend the Alaska Native Claims Settlement Act 

ka Native veterans. to provide for equitable allotment of land to AlasNOVEMBER 22, 2016 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


asabaliauskas on DSK3SPTVN1PROD with BILLS