PRIA, Government Policy, Made Personal

Summary

Allows certain Alaska Native Vietnam-era veterans, or their estate representatives, to get one land allotment in Alaska. Eligible people are Alaska Natives who served in the Armed Forces from August 5, 1964, to December 31, 1971, and who have not already received an allotment under earlier laws. An “available Federal land” parcel means vacant, unreserved BLM land picked as available for this program, or land already chosen by the State or a Native Regional or Village Corporation if they agree to give up that choice. The law excludes many special areas (for example, TransAlaska Pipeline corridors, lands used by the Armed Forces, pending natural gas corridor lands, the Arctic National Wildlife Refuge, National Forest or Park units, Congress-designated wilderness, National Trails, Wild and Scenic Rivers, and the National Petroleum Reserve–Alaska). Eligible individuals may pick one parcel between 2.5 and 160 acres. The Secretary must get a list of service members from the Secretary of Defense within 180 days after March 12, 2019, write rules within 18 months after that date, help with outreach and applications, identify available BLM lands within one year after March 12, 2019, certify they are free of known contamination, survey and publish maps, give first-come preference, offer substitutes to those who lose out, and aim to issue a certificate of allotment within one year after a qualifying application. Conveyed land remains subject to valid rights and U.S. mineral reservation. The Secretary must also study within one year after March 12, 2019 whether any National Wildlife Refuge lands in Alaska should be made available, include maps in a report to Congress, consider proximity and need, and avoid identifying refuge lands that would harm refuge values, are within 300 feet of a navigable shore, are designated wilderness, or are in the Arctic National Wildlife Refuge. No refuge land can be made available unless a later Act of Congress authorizes it and the land is listed in the Secretary’s report; any transfer must keep the land subject to refuge laws and rules.

Title 43, §1629g–1

Public Lands, Source: USLM XML via OLRC

(a)In this section:

(1)(A)The term “available Federal land” means Federal land in the State that—

(i)is vacant, unappropriated, and unreserved and is identified as available for selection under subsection (b)(5); or

(ii)has been selected by, but not yet conveyed to—

(I)the State, if the State agrees to voluntarily relinquish the selection of the Federal land for selection by an eligible individual; or

(II)a Regional Corporation or a Village Corporation, if the Regional Corporation or Village Corporation agrees to voluntarily relinquish the selection of the Federal land for selection by an eligible individual.

(B)The term “available Federal land” does not include any Federal land in the State that is—

(i)(I)a right-of-way of the TransAlaska Pipeline; or

(II)an inner or outer corridor of such a right-of-way;

(ii)withdrawn or acquired for purposes of the Armed Forces;

(iii)under review for a pending right-of-way for a natural gas corridor;

(iv)within the Arctic National Wildlife Refuge;

(v)within a unit of the National Forest System;

(vi)designated as wilderness by Congress;

(vii)within a unit of the National Park System, a National Preserve, or a National Monument;

(viii)within a component of the National Trails System;

(ix)within a component of the National Wild and Scenic Rivers System; or

(x)within the National Petroleum Reserve–Alaska.

(2)The term “eligible individual” means an individual who, as determined by the Secretary in accordance with subsection (c)(1), is—

(A)a Native veteran—

(i)who served in the Armed Forces during the period between August 5, 1964, and December 31, 1971; and

(ii)has not received an allotment made pursuant to—

(I)the Act of May 17, 1906 (34 Stat. 197, chapter 2469) (as in effect on December 17, 1971);

(II)section 1613(h)(5) of this title; or

(III)section 1629g of this title; or

(B)is 11 So in original. The word “is” probably should not appear. the personal representative of the estate of a deceased eligible individual described in subparagraph (A), who has been duly appointed in the appropriate Alaska State court or a registrar has qualified, acting for the benefit of the heirs of the estate of a deceased eligible individual described in subparagraph (A).

(3)The terms “Native”, “Regional Corporation”, and “Village Corporation” have the meanings given those terms in section 1602 of this title.

(4)The term “State” means the State of Alaska.

(5)The term “veteran” has the meaning given the term in section 101 of title 38.

(b)(1)(A)Not later than 180 days after March 12, 2019, the Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall provide to the Secretary a list of all members of the Armed Forces who served during the period between August 5, 1964, and December 31, 1971.

(B)The Secretary shall use the information provided under subparagraph (A) to determine whether an individual meets the military service requirements under subsection (a)(2)(A)(i).

(C)The Secretary, in coordination with the Secretary of Veterans Affairs, shall conduct outreach, and provide assistance in applying for allotments, to eligible individuals.

(2)Not later than 18 months after March 12, 2019, the Secretary shall promulgate regulations to carry out this subsection.

(3)(A)An eligible individual—

(i)may select 1 parcel of not less than 2.5 acres and not more than 160 acres of available Federal land; and

(ii)on making a selection pursuant to clause (i), shall submit to the Secretary an allotment selection application for the applicable parcel of available Federal land.

(B)An eligible individual may apply for an allotment during the 10-year period beginning on the effective date of the final regulations issued under paragraph (2).

(4)If 2 or more eligible individuals submit to the Secretary an allotment selection application under paragraph (3)(A)(ii) for the same parcel of available Federal land, the Secretary shall—

(A)give preference to the selection application received on the earliest date; and

(B)provide to each eligible individual the selection application of whom is rejected under subparagraph (A) an opportunity to select a substitute parcel of available Federal land.

(5)(A)Not later than 1 year after March 12, 2019, the Secretary, in consultation with the State, Regional Corporations, and Village Corporations, shall identify Federal land administered by the Bureau of Land Management as available Federal land for allotment selection in the State by eligible individuals.

(B)The Secretary shall—

(i)certify that the available Federal land identified under subparagraph (A) is free of known contamination; and

(ii)survey the available Federal land identified under subparagraph (A) into aliquot parts and lots, segregating all navigable and meanderable waters and land not available for allotment selection.

(C)As soon as practicable after the date on which available Federal land is identified under subparagraph (A), the Secretary shall submit to Congress, and publish in the Federal Register, 1 or more maps depicting the identified available Federal land.

(D)Any available Federal land conveyed to an eligible individual under this paragraph shall be subject to—

(i)valid existing rights; and

(ii)the reservation of minerals to the United States.

(E)It is the intent of Congress that not later than 1 year after the date on which an eligible individual submits an allotment selection application for available Federal land that meets the requirements of this section, as determined by the Secretary, the Secretary shall issue to the eligible individual a certificate of allotment with respect to the available Federal land covered by the allotment selection application, subject to the requirements of subparagraph (D).

(c)(1)Not later than 1 year after March 12, 2019, the Secretary shall—

(A)conduct a study to determine whether any additional Federal lands within units of the National Wildlife Refuge System in the State should be made available for allotment selection; and

(B)report the findings and conclusions of the study to Congress.

(2)The Secretary shall include in the report required under paragraph (1)—

(A)the Secretary’s determination whether Federal lands within units of the National Wildlife Refuge System in the State should be made available for allotment selection by eligible individuals; and

(B)identification of the specific areas (including maps) within units of the National Wildlife Refuge System in the State that the Secretary determines should be made available, consistent with the mission of the National Wildlife Refuge System and the specific purposes for which the unit was established, and this subsection.

(3)In determining whether Federal lands within units of the National Wildlife Refuge System in the State should be made available under paragraph (1)(A), the Secretary shall take into account—

(A)the proximity of the Federal land made available for allotment selection under subsection (b)(5) to eligible individuals;

(B)the proximity of the units of the National Wildlife Refuge System in the State to eligible individuals; and

(C)the amount of additional Federal land within units of the National Wildlife Refuge System in the State that the Secretary estimates would be necessary to make allotments available for selection by eligible individuals.

(4)In identifying whether Federal lands within units of the National Wildlife Refuge System in the State should be made available for allotment under paragraph (2)(B), the Secretary shall not identify any Federal land in a unit of the National Wildlife Refuge System—

(A)the conveyance of which, independently or as part of a group of allotments—

(i)could significantly interfere with biological, physical, cultural, scenic, recreational, natural quiet, or subsistence values of the unit of the National Wildlife Refuge System;

(ii)could obstruct access by the public or the Fish and Wildlife Service to the resource values of the unit;

(iii)could trigger development or future uses in an area that would adversely affect resource values of the surrounding National Wildlife Refuge System land;

(iv)could open an area of a unit to new access and uses that adversely affect resources values of the unit; or

(v)could interfere with the management plan of the unit;

(B)that is located within 300 feet from the shore of a navigable water body;

(C)that is not consistent with the purposes for which the unit of the National Wildlife Refuge System was established;

(D)that is designated as wilderness by Congress; or

(E)that is within the Arctic National Wildlife Refuge.

(d)No Federal land may be identified for selection or made available for allotment within a unit of the National Wildlife Refuge System unless it has been authorized by an Act of Congress subsequent to March 12, 2019. Further, any proposed conveyance of land within a unit of the National Wildlife Refuge System must have been identified by the Secretary in accordance with subsection (c)(4) in the report to Congress required by subsection (c) and include patent provisions that the land remains subject to the laws and regulations governing the use and development of the Refuge.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Act of

May 17, 1906, as in effect on

December 17, 1971, referred to in subsec. (a)(2)(A)(ii)(I), means act

May 17, 1906, ch. 2469, 34 Stat. 197, which was classified to sections 270–1 to 270–3 of this title prior to its repeal by Pub. L. 92–203, § 18(a), Dec. 18, 1971, 85 Stat. 710. Codification Section was enacted as part of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, and not as part of the Alaska Native Claims Settlement Act which comprises this chapter.

Amendments

2025—Subsec. (b)(3)(B). Pub. L. 119–63 substituted “10-year period” for “5-year period”.

Statutory Notes and Related Subsidiaries

Definition of “Secretary” “Secretary” means the Secretary of the Interior, see section 2 of Pub. L. 116–9, set out as a note under section 1 of Title 16, Conservation.

§1629g–1 Alaska Native Vietnam Era Veterans Land Allotment