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107TH CONGRESS
1ST SESSION
H. R. 3148
To amend the Alaska Native Claims Settlement Act to provide equitable
treatment of Alaska Native Vietnam Veterans, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 16, 2001
Mr. YOUNG of Alaska introduced the following bill; which was referred to the
Committee on Resources
A BILL
To amend the Alaska Native Claims Settlement Act to pro-
vide equitable treatment of Alaska Native Vietnam Vet-
erans, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ALASKA NATIVE VETERANS.
Section 41 of the Alaska Native Claims Settlement
Act (43 U.S.C. 1629g) is amended as follows:
(1) Paragraphs (1) and (2) of subsection (a)
are amended to read as follows:
‘‘(1) The period for filing allotments under this Act
shall end on July 31, 2003. A person described in para-
graph (1) or (2) or subsection (b) shall be eligible for an
allotment of not more than two parcels of Federal land
totaling 160 acres or less.
‘‘(2) Allotments may be selected from—
‘‘(A) vacant lands that are owned by the United
States; or
‘‘(B) lands that have been selected or conveyed
to the State of Alaska or a Native Corporation if
such entity voluntarily relinquishes or conveys to the
United States the land for the allotment.’’.
(2) Subsection (a)(3) is repealed.
(3) In subsection (b)(1), strike ‘‘A person’’ and
insert ‘‘Except as provided in paragraph (3), a per-
son’’.
(4) Subsection (b)(1)(B) is amended to read as
follows:
‘‘(B) is a veteran who served during the period
between August 5, 1964, and May 7, 1975, includ-
ing such dates.’’.
(5) Subsection (b)(2) is amended to read as fol-
lows:
‘‘(2) If an individual who would otherwise have been
eligible for an allotment dies before applying for the allot-
ment, an heir on behalf of the estate of the deceased vet-
eran may apply for and receive the allotment.’’.
(6) In subsection (b)(3), insert before the pe-
riod the following: ‘‘, except for an heir who applies
and receives an allotment on behalf of the estate of
a deceased veteran pursuant to paragraph (2)’’.
(7) Subsection (e) is amended to read as fol-
lows:
‘‘(e) REGULATIONS.—All regulations in effect imme-
diately before the enactment of subsection (f) that were
promulgated under the authority of this section shall be
repealed in accordance with section 552(a)(1)(E) of the
Administrative Procedure Act (5 U.S.C. 552(a)(1)(E))’’.
(8) Add at the end the following new sub-
section:
‘‘(f) APPROVAL OF ALLOTMENTS.—(1) Subject to
valid existing rights, and except as otherwise provided in
this subsection, not later than January 31, 2005, the Sec-
retary shall approve an application for allotments filed in
accordance with subsection (a) and issue a certificate of
allotment which shall be subject to the same terms, condi-
tions, restrictions, and protections provided for such allot-
ments.
‘‘(2) Upon receipt of an allotment application, but in
any event not later than October 31, 2003, the Secretary
shall notify any person or entity having an interest in land
potentially adverse to the applicant of their right to ini-
tiate a private contest or file a protest under existing Fed-
eral regulations.
‘‘(3) Not later than January 31, 2005, the Secretary
shall—
‘‘(A) if no contest or protest is timely filed, ap-
prove the application pursuant to paragraph (1); or
‘‘(B) if a contest or protest is timely filed, stay
the issuance of the certificate of allotment until the
contest or protest has been decided.’’.
SEC. 2. CODIFICATION.
Unless otherwise provided in an agreement to which
the tribe or tribal organization is a party, (including a
Tribal-State compact), section 2(2) of the Act of July 5,
1935 (49 Stat. 450, chapter 372) shall not apply to the
Indian tribe or tribal organization when the Indian tribe
or tribal organization is carrying out a health care pro-
gram pursuant to a self-determination contract, compact,
annual funding agreement, grant, or cooperative agree-
ment under the Indian Self Determination Act.
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