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[DOCID: f:h3148ih.txt]
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 provide equitable
treatment of Alaska Native Vietnam Veterans, and for other purposes.
Be it enacted by the Senate and House of Representatives 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 paragraph (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(2) Subsection (a)(3) is repealed.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 person''.
(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, including such dates.''.
(5) Subsection (b)(2) is amended to read as follows:
``(2) If an individual who would otherwise have been eligible for
an allotment dies before applying for the allotment, an heir on behalf
of the estate of the deceased veteran may apply for and receive the
allotment.''.
(6) In subsection (b)(3), insert before the period 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 follows:
``(e) Regulations.--All regulations in effect immediately 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 subsection:
``(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 Secretary 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,
conditions, restrictions, and protections provided for such allotments.
``(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 initiate a private contest or file a
protest under existing Federal regulations.
``(3) Not later than January 31, 2005, the Secretary shall--
``(A) if no contest or protest is timely filed, approve 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
program pursuant to a self-determination contract, compact, annual
funding agreement, grant, or cooperative agreement under the Indian
Self Determination Act.
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