§ 1629g. — Open season for certain Alaska Native veterans for allotments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1629g]
TITLE 43--PUBLIC LANDS
CHAPTER 33--ALASKA NATIVE CLAIMS SETTLEMENT
Sec. 1629g. Open season for certain Alaska Native veterans for
allotments
(a) In general
(1) During the eighteen month period following promulgation of
implementing rules pursuant to subsection (e) of this section, a person
described in subsection (b) of this section shall be eligible for an
allotment of not more than two parcels of federal \1\ land totaling 160
acres or less under the Act of May 17, 1906 (chapter 2469; 34 Stat.
197), as such Act was in effect before December 18, 1971.
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\1\ So in original. Probably should be capitalized.
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(2) Allotments may be selected only from lands that were vacant,
unappropriated, and unreserved on the date when the person eligible for
the allotment first used and occupied those lands.
(3) The Secretary may not convey allotments containing any of the
following--
(A) lands upon which a native or non-native campsite is located,
except for a campsite used primarily by the person selecting the
allotment;
(B) lands selected by, but not conveyed to, the State of Alaska
pursuant to the Alaska Statehood Act or any other provision of law;
(C) lands selected by, but not conveyed to, a Village or
Regional Corporation;
(D) lands designated as wilderness by statute;
(E) acquired lands;
(F) lands containing a building, permanent structure, or other
development owned or controlled by the United States, another unit
of government, or a person other than the person selecting the
allotment;
(G) lands withdrawn or reserved for national defense purposes
other than National Petroleum Reserve-Alaska;
(H) National Forest Lands; and
(I) lands selected or claimed, but not conveyed, under a public
land law, including but not limited to the following:
(1) Lands within a recorded mining claim.
(2) Home sites.
(3) Trade and Manufacturing sites.
(4) Reindeer sites or headquarters sites.
(5) Cemetery sites.
(4) A person who qualifies for an allotment on lands prohibited from
conveyance by a provision of subsection (a)(3) of this section may
select an alternative allotment from the following lands located within
the geographic boundaries of the same Regional Corporation as the
excluded allotment--
(A) lands withdrawn pursuant to section 1610(a)(1) of this title
which were not selected, or were relinquished after selection;
(B) lands contiguous to the outer boundary of lands withdrawn
pursuant to section 1610(a)(1)(C) of this title, except lands
excluded from selection by a provision of subsection (a)(3) of this
section and lands within a National Park; or
(C) vacant, unappropriated and unreserved lands.
(5) After consultation with a person entitled to an allotment within
a Conservation System Unit, the Secretary may convey alternative lands
of equal acreage, including lands within a Conservation System Unit, to
that person if the Secretary determines that the allotment would be
incompatible with a purpose for which the Conservation System Unit was
established.
(6) All conveyances under this section shall--
(A) be subject to valid existing rights, including any right of
the United States to income derived, directly or indirectly, from a
lease, license, permit, right-of-way or easement; and
(B) reserve to the United States deposits of oil, gas and coal,
together with the right to explore, mine, and remove these minerals,
on lands which the Secretary determines to be prospectively valuable
for development.
(b) Eligible person
(1) A person is eligible to select an allotment under this section
if that person--
(A) would have been eligible for an allotment under the Act of
May 17, 1906 (chapter 2469; 34 Stat. 197), as that Act was in effect
before December 18, 1971; and
(B) is a veteran who served during the period between January 1,
1969 and December 31, 1971 and--
(i) served at least 6 months between January 1, 1969 and
December 31, 1971; or
(ii) enlisted or was drafted into military service after
June 2, 1971 but before December 3, 1971.
(2) The personal representative or special administrator, appointed
in an Alaska State court proceeding of the estate of a decedent who was
eligible under subsection (b)(1)(A) of this section may, for the benefit
of the heirs, select an allotment if the decedent was a veteran who
served in South East Asia at any time during the period beginning August
5, 1964, and ending December 31, 1971, and during that period the
decedent--
(A) was killed in action;
(B) was wounded in action and subsequently died as a direct
consequence of that wound, as determined by the Department of
Veterans Affairs; or
(C) died while a prisoner of war.
(3) No person who received an allotment or has a pending allotment
under the Act of May 17, 1906 may receive an allotment under this
section.
(c) Study and report
(1) The Secretary of the Interior shall conduct a study to identify
and assess the circumstances of veterans of the Vietnam era who--
(A) served during a period other than that specified in
subsection (b)(1)(B) of this section;
(B) were eligible for an allotment under the Act of May 17,
1906; and
(C) did not apply for an allotment under that Act.
(2) The Secretary shall, within one year of October 21, 1998, issue
a written report on the study, including findings and recommendations,
to the Committee on Appropriations and the Committee on Energy and
Natural Resources in the Senate and the Committee on Appropriations and
the Committee on Resources in the House of Representatives.
(d) Definitions
For the purposes of this section, the terms ``veteran'' and
``Vietnam era'' have the meanings given those terms by paragraphs (2)
and (29), respectively, of section 101 of title 38.
(e) Regulations
No later than 18 months after October 21, 1998, the Secretary of the
Interior shall promulgate, after consultation with Alaska Natives
groups, rules to carry out this section.
(Pub. L. 92-203, Sec. 41, as added Pub. L. 105-276, title IV, Sec. 432,
Oct. 21, 1998, 112 Stat. 2516; amended Pub. L. 106-559, title III,
Sec. 301, Dec. 21, 2000, 114 Stat. 2782.)
References in Text
Act of May 17, 1906, referred to in subsecs. (a)(1), (b)(1)(A), (3)
and (c)(1)(B), (C), is act May 17, 1906, ch. 2469, 34 Stat. 197, as
amended, which was classified to sections 270-1 to 270-3 of this title
prior to its repeal by Pub. L. 92-203, Sec. 18(a), Dec. 18, 1971, 85
Stat. 710.
The Alaska Statehood Act, referred to in subsec. (a)(3)(B), is Pub.
L. 85-508, July 7, 1958, 72 Stat. 339, as amended, which is set out as a
note preceding section 21 of Title 48, Territories and Insular
Possessions. For complete classification of this Act to the Code, see
Tables.
Public land law, referred to in subsec. (a)(3)(I), is classified
generally to this title.
Amendments
2000--Subsec. (a)(3)(I)(4). Pub. L. 106-559, Sec. 301(1),
substituted ``or'' for ``and Reindeer''.
Subsec. (a)(4)(B). Pub. L. 106-559, Sec. 301(2), substituted ``;
or'' for ``; and'' at end.
Subsec. (b)(1)(B)(i). Pub. L. 106-559, Sec. 301(3), substituted
``December 31'' for ``June 2''.
Subsec. (b)(2). Pub. L. 106-559, Sec. 301(4), inserted introductory
provisions and struck out former introductory provisions which read as
follows: ``The personal representative of the estate of a decedent who
was eligible under subsection (b)(1) of this section may, for the
benefit of the heirs, select an allotment if, during the period
specified in subsection (b)(1)(B) of this section, the decedent--''.
