§4237 — Title 50 War and National Defense | U.S. Code

Summary

Provides money to the Aleut people instead of giving them Attu Island land, while keeping Attu as protected wilderness. The Secretary must first figure out how much land on Attu was used by Aleut villagers before World War II. Within 90 days after August 10, 1988, the Secretary must set a base of at least 35,000 acres in eastern Attu and may add more acres based on the best available information. The Secretary must then set a value for that acreage within 120 days after August 10, 1988. The per-acre value cannot be less than $350 or more than $500, and the total payment cannot exceed $15,000,000. The Secretary will consider things like market value, environmental and public value, and past examples. The Corporation can appeal the value within 30 days, and the Secretary must decide the appeal within 30 days. Subject to available funds, the Secretary must pay the Corporation the determined value, minus the value of any small parcel given to the Corporation. Payment ends any claim against the United States for the loss of Aleut land on Attu. The Secretary may give the Corporation the old village site (about 10 acres) and land within 660 feet of it, but no other Attu sites may be conveyed after August 10, 1988. Up to $15,000,000 is authorized to be appropriated to carry out this program.

Title 50, §4237

War and National Defense — Source: USLM XML via OLRC

(a)In accordance with section 1132(c) of title 16, the public lands on Attu Island, Alaska, within the National Wildlife Refuge System have been designated as wilderness by section 702(1) of the Alaska National Interest Lands Conservation Act (94 Stat. 2417; 16 U.S.C. 1132 note). In order to make restitution for the loss of traditional Aleut lands and village properties on Attu Island, while preserving the present designation of Attu Island lands as part of the National Wilderness Preservation System, compensation to the Aleut people, in lieu of the conveyance of Attu Island, shall be provided in accordance with this section.

(b)Not later than 90 days after August 10, 1988, the Secretary shall, in accordance with this subsection, determine the total acreage of land on Attu Island, Alaska, that, at the beginning of World War II, was subject to traditional use by the Aleut villagers of that island for subsistence and other purposes. In making such acreage determination, the Secretary shall establish a base acreage of not less than 35,000 acres within that part of eastern Attu Island traditionally used by the Aleut people, and shall, from the best available information, including information that may be submitted by representatives of the Aleut people, identify any such additional acreage on Attu Island that was subject to such use. The combination of such base acreage and such additional acreage shall constitute the acreage determination upon which payment to the Corporation under this section is based. The Secretary shall promptly notify the Corporation of the results of the acreage determination made under this subsection.

(c)(1)Not later than 120 days after August 10, 1988, the Secretary shall determine the value of the Attu Island acreage determined under subsection (b), except that—

(A)such acreage may not be valued at less than $350 per acre nor more than $500 per acre; and

(B)the total valuation of all such acreage may not exceed $15,000,000.

(2)In determining the value of the acreage under paragraph (1), the Secretary shall take into consideration such factors as the Secretary considers appropriate, including—

(A)fair market value;

(B)environmental and public interest value; and

(C)established precedents for valuation of comparable wilderness lands in the State of Alaska.

(3)The Secretary shall promptly notify the Corporation of the determination of value made under this subsection, and such determination shall constitute the final determination of value unless the Corporation, within 30 days after the determination is made, appeals the determination to the Secretary. If such appeal is made, the Secretary shall, within 30 days after the appeal is made, review the determination in light of the appeal, and issue a final determination of the value of that acreage determined to be subject to traditional use under subsection (b).

(d)(1)The Secretary shall pay, subject to the availability of funds appropriated for such purpose, to the Corporation, as compensation for the Aleuts’ loss of lands on Attu Island, the full amount of the value of the acreage determined under subsection (c), less the value (as determined under subsection (c)) of any land conveyed under subsection (e).

(2)The payment made under paragraph (1) shall be in full satisfaction of any claim against the United States for the loss of traditional Aleut lands and village properties on Attu Island.

(e)The Secretary may convey to the Corporation all right, title, and interest of the United States to the surface estate of the traditional Aleut village site on Attu Island, Alaska (consisting of approximately 10 acres) and to the surface estate of a parcel of land consisting of all land outside such village that is within 660 feet of any point on the boundary of such village. The conveyance may be made under the authority contained in section 1613(h)(1) of title 43, except that after August 10, 1988, no site on Attu Island, Alaska, other than such traditional Aleut village site and such parcel of land, may be conveyed to the Corporation under such section 1613(h)(1).

(f)There are authorized to be appropriated $15,000,000 to the Secretary to carry out this section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 1132(c) of title 16, referred to in subsec. (a), was in the original “section (3)(c) of the Wilderness Act (78 Stat. 892; 16 U.S.C. 1132(c))” and was translated as meaning section 3(c) of Pub. L. 88–577 to reflect the probable intent of Congress. section 702(1) of the Alaska National Interest Lands Conservation Act, referred to in subsec. (a), is section 702(1) of Pub. L. 96–487, title VII, Dec. 2, 1980, 94 Stat. 2417, which is listed in a table of wilderness areas set out under section 1132 of Title 16, Conservation. Codification Section was formerly classified to section 1989c–6 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

§4237 Attu Island Restitution Program

Summary

Title 50, §4237

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata