I 

111TH CONGRESS 

2D SESSION H. R. 5402 

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

allotment of lands to Alaska Native veterans. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2010 

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

Committee on Natural Resources 

A BILL 

To amend the Alaska Native Claims Settlement Act to provide for equitable allotment of lands 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. AMENDMENT TO ALLOW CERTAIN ALASKA NATIVE 

7 VETERAN LAND ALLOTMENTS. 

8 Section 41 of the Alaska Native Claims Settlement 

9 Act (43 U.S.C. 1629g) is amended as follows: 


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1 (1) Paragraphs (1) and (2) of subsection (a) 

2 are amended to read as follows: ‘‘(1) The period for 

3 filing allotments under this Act shall end 3 years 

4 after the Secretary issues final regulations under 

5 section 3 of the Alaska Native Veterans Land Allot6 ment Equity Act. A person described in paragraph 

7 (1) or (2) of subsection (b) shall be eligible for an 

8 allotment of not more than two parcels of Federal 

9 land totaling 160 acres or less. 

10 ‘‘(2)(A) Allotments may be selected from the fol11 lowing: 

12 ‘‘(i) Vacant lands that are owned by the United 

13 States. 

14 ‘‘(ii) Lands that have been selected or conveyed 

15 to the State of Alaska if the State voluntarily relin16 quishes or conveys to the United States the land for 

17 the allotment. 

18 ‘‘(iii) Lands that have been selected or conveyed 

19 to a Native Corporation if the Native Corporation 

20 voluntarily relinquishes or conveys to the United 

21 States the land for the allotment. 

22 ‘‘(B) A Native Corporation may select an equal 

23 amount of acres of appropriate Federal land within the 

24 State of Alaska to replace lands voluntarily relinquished 


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1 or conveyed by that Native Corporation under subpara2 graph (A)(iii). 

3 ‘‘(C) For security reasons, allotments may not be se4 lected from— 

5 ‘‘(i) lands within the right-of-way granted for 

6 the TransAlaska Pipeline; or 

7 ‘‘(ii) the inner or outer corridor of that right8 of-way withdrawal.’’. 

9 (2) Subsection (a)(3) is repealed. 

10 (3) In subsection (b)(1), strike ‘‘A person’’ and 

11 insert ‘‘Except as provided in paragraph (3), a per12 son’’. 

13 (4) Subsection (b)(1)(B) is amended to read as 

14 follows: 

15 ‘‘(B) is a veteran who served during the period 

16 between August 5, 1964, and May 7, 1975, includ17 ing such dates.’’. 

18 (5) Subsection (b)(2) is amended to read as fol19 lows: 

20 ‘‘(2) If an individual who would otherwise have been 

21 eligible for an allotment dies before applying for the allot22 ment, an heir on behalf of the estate of the deceased vet23 eran may apply for and receive the allotment.’’. 

24 (6) In subsection (b)(3), insert before the pe25 riod the following: ‘‘, except for an heir who applies 


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1 and receives an allotment on behalf of the estate of 

2 a deceased veteran pursuant to paragraph (2)’’. 

3 (7) Subsection (e) is amended to read as fol4 lows: 

5 ‘‘(e) REGULATIONS.—All regulations in effect imme6 diately before the enactment of subsection (f) that were 

7 promulgated under the authority of this section shall be 

8 repealed in accordance with section 552(a)(1)(E) of the 

9 Administrative Procedure Act (5 U.S.C. 552(a)(1)(E))’’. 

10 (8) Add at the end the following new sub11 sections: 

12 ‘‘(f) APPROVAL OF ALLOTMENTS.—(1) Subject to 

13 valid existing rights, and except as otherwise provided in 

14 this subsection, not later than January 31, 2012, the Sec15 retary shall approve an application for allotments filed in 

16 accordance with subsection (a) and issue a certificate of 

17 allotment which shall be subject to the same terms, condi18 tions, restrictions, and protections provided for such allot19 ments. 

20 ‘‘(2) Upon receipt of an allotment application, but in 

21 any event not later than October 31, 2009, the Secretary 

22 shall notify any person or entity having an interest in land 

23 potentially adverse to the applicant of their right to ini24 tiate a private contest or file a protest under existing Fed25 eral regulations. 


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1 ‘‘(3) Not later than January 31, 2010, the Secretary 

2 shall— 

3 ‘‘(A) if no contest or protest is timely filed, ap4 prove the application pursuant to paragraph (1); or 

5 ‘‘(B) if a contest or protest is timely filed, stay 

6 the issuance of the certificate of allotment until the 

7 contest or protest has been decided. 

8 ‘‘(g) RESELECTION.—A person who made an allot9 ment selection under this section before the date of the 

10 enactment of Alaska Native Veterans Land Allotment Eq11 uity Act may withdraw that selection and reselect lands 

12 under this section if the lands originally selected were not 

13 conveyed to that person before the date of the enactment 

14 of Alaska Native Veterans Land Allotment Equity Act.’’. 

15 SEC. 3. REGULATIONS. 

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

17 of this Act, the Secretary of the Interior shall issue final 

18 regulations to implement the amendments made by this 

19 Act. 

Æ 


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