Alaska Native Veterans Land Allotment Equity Act

Bill: 114-s-1955
Sponsor: full_name: Sen. Sullivan, Dan [R-AK]
Introduced: 2015-08-05
Policy area: Native Americans
Subjects: Alaska

Alaska Natives and Hawaiians

Indian claims

Indian lands and resources rights

Land transfers

Veterans' pensions and compensation
Latest action: action_date: 2015-10-08
text: Committee on Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining. Hearings held. With printed Hearing: S.Hrg. 114-490.

Summaries:
action_date: 2015-08-05
action_desc: Introduced in Senate
text: <p><strong>Alaska Native Veterans Land Allotment Equity Act</strong></p> <p> Amends the Alaska Native Claims Settlement Act (ANCSA) to declare that any allotment application pending before the Department of the Interior on December 18, 1971, that was closed by the Department pursuant to the civil action <em>Shields v. United States</em> shall be reopened and considered to be approved.</p> <p>Revises requirements for the eligibility of Alaska Native Vietnam veterans for an allotment. Extends eligibility for allotments to veterans who served between August 5, 1964, and May 7, 1975.</p> <p>Allows eligible persons to file for allotments of up to two parcels of federal land (as under current law) totaling up to 160 acres. </p> <p>Eliminates the limitation of these allotments to lands that were vacant, unappropriated, and unreserved on the date when the person eligible for the allotment first used and occupied them. </p> <p>Allows allotments to be selected from vacant federal lands or lands that have been selected or conveyed to the state of Alaska or a Native Corporation, if the state or Corporation voluntarily relinquishes or conveys the land to the United States for allotment. </p> <p>Limits the exclusions from lands that may be selected for allotments to: (1) lands in the right-of-way of the TransAlaska Pipeline; (2) the inner or outer corridor of such a right-of-way; or (3) a unit of the National Park System, a National Preserve, or a National Monument. </p> <p> Allows an heir of a deceased eligible veteran, regardless of the cause of death, to apply for and receive the allotment.</p> <p>Permits any person who made an allotment selection under ANCSA before this Act's enactment to withdraw it and reselect lands if those originally selected were not conveyed to that person before this Act's enactment.</p>

tv_txt: II 114th CONGRESS 1st Session S. 1955 IN THE SENATE OF THE UNITED STATES August 5, 2015 Mr. Sullivan 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. Short title This Act may be cited as the Alaska Native Veterans Land Allotment Equity Act . 2. Clarification regarding occupancy of Native allotments in national forests Section 18(a) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1617(a) ) is amended— (1) by striking (a) No Native and inserting the following: (a) Revocation (1) In general No Native ; (2) in the second sentence, by striking Further, the and inserting the following: (2) Repeal The ; (3) in the third sentence, by striking Notwithstanding the foregoing provisions of this section, any and inserting the following: (3) Applications for allotment (A) In general Notwithstanding paragraphs (1) and (2), any ; and (4) in paragraph (3) (as designated by paragraph (3)), by adding at the end the following: (B) Certain applications approved Any allotment application pending before the Department of the Interior on December 18, 1971, that was closed by the Department pursuant to the civil action styled Shields v. United States (698 F.2d 987 (9th Cir. 1983), cert. denied (104 S. Ct. 73 (1983))) shall be reopened and considered to be approved pursuant to this paragraph. . 3. Open season for certain Alaska Native veterans for allotments Section 41 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1629g ) is amended— (1) in subsection (a)— (A) in the subsection heading, by striking In general and inserting Alaska Native veteran allotments ; (B) by striking paragraphs (1) through (4) and inserting the following: (1) Allotments (A) Eligible recipients Any person described in paragraph (1) or (2) of subsection (b) shall be eligible to receive an allotment under the Act of May 17, 1906 (34 Stat. 197, chapter 2469) (as in effect before December 18, 1971), of not more than 2 parcels of Federal land, the total area of which shall not exceed 160 acres. (B) Filing deadline An allotment shall be filed for an eligible recipient not later than 3 years after the date on which the Secretary promulgates regulations pursuant to section 4 of the Alaska Native Veterans Land Allotment Equity Act . (2) Land available for allotments (A) In general Subject to subparagraph (C), an allotment under this section shall be selected from land that is— (i) (I) vacant; and (II) owned by the United States; (ii) selected by, or conveyed to, the State of Alaska, if the State voluntarily relinquishes or conveys to the United States the land for the allotment; or (iii) selected by, or conveyed to, a Native Corporation, if the Native Corporation voluntarily relinquishes or conveys to the United States the land for the allotment. (B) Relinquishment by Native Corporation If a Native Corporation relinquishes land under subparagraph (A)(iii), the Native Corporation may select appropriate Federal land, as determined by the Secretary, the area of which is equal to the area of the land relinquished by the Native Corporation, to replace the relinquished land. (C) Exclusions An allotment under this section shall not be selected from land that is located within— (i) a right-of-way of the TransAlaska Pipeline; (ii) an inner or outer corridor of such a right-of-way; or (iii) a unit of the National Park System, a National Preserve, or a National Monument. (3) Alternative allotments A person described in paragraph (1) or (2) of subsection (b) who qualifies for an allotment under this section on land described in paragraph (2)(C) may select an alternative allotment from land that is— (A) located within the boundaries of land described in paragraph (2)(C); (B) (i) (I) withdrawn under section 11(a)(1)(C); and (II) not selected, or relinquished after selection, under section 11(a)(3); (ii) contiguous to an outer boundary of land withdrawn under section 11(a)(1)(C); or (iii) vacant, unappropriated, and unreserved; and (C) not a unit of the National Park System, a National Preserve, or a National Monument. ; and (C) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; (2) in subsection (b)— (A) in paragraph (1), by striking subparagraph (B) and inserting the following: (B) is a veteran who served during the period beginning on August 5, 1964, and ending on May 7, 1975. ; (B) by striking paragraph (2) and inserting the following: (2) Deceased individuals If an individual who would otherwise have been eligible for an allotment under this section dies before applying for an allotment, an heir of the individual may apply for, and receive, an allotment under this section, on behalf of the estate of the individual. ; and (C) in paragraph (3), by inserting before the period at the end the following: , other than an heir who applies for, and receives, an allotment on behalf of the estate of a deceased individual under paragraph (2) ; (3) by redesignating subsections (d) and (e) as subsections (f) and (g), respectively; and (4) by inserting after subsection (c) the following: (d) Approval of allotments (1) In general Subject to any valid right in existence on the date of enactment of the Alaska Native Veterans Land Allotment Equity Act , and except as provided in paragraph (3), not later than December 31, 2020, the Secretary shall— (A) approve any application for an allotment filed in accordance with subsection (a); and (B) issue a certificate of allotment under such terms, conditions, and restrictions as the Secretary determines to be appropriate. (2) Notification Not later than December 31, 2017, on receipt of an application for an allotment under this section, the Secretary shall provide to any person or entity that has an interest in land described in subsection (a)(2) that is potentially adverse to the interest of the applicant a notice of the right of the person or entity, by not later than 90 days after the date of receipt of the notice— (A) to initiate a private contest of the allotment; or (B) to file a protest against the allotment in accordance with procedures established by the Secretary. (3) Action by Secretary If a private contest or protest relating to an application for an allotment is initiated or filed under paragraph (2), the Secretary shall not issue a certificate for the allotment under paragraph (1)(B) until a final determination has been made with respect to the private contest or protest. (e) Reselection A person that selected an allotment under this section may withdraw that selection and reselect land in accordance with this section after the date of enactment of the Alaska Native Veterans Land Allotment Equity Act , if the land originally selected— (1) was selected before the date of enactment of the Alaska Native Veterans Land Allotment Equity Act ; and (2) as of the date of enactment of that Act, was not conveyed to the person. . 4. Regulations Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall promulgate final regulations to carry out the amendments made by this Act.