Chapter 33, Section 1629g–1, Subsection (b) · 43 U.S.C. Chapter 33 — ALASKA NATIVE CLAIMS SETTLEMENT

Contents

(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).

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 30

Show every defined term

Agreement
means the agreement entitled “Terms and Conditions Governing Legislative Land Consolidation and Exchange between NANA Regional Corporation, Inc., and the United States” executed by the Secretary of the Interior and the President of NANA Regional Corporation, Inc., on January 31 and January 24, 1985, respectively.
Alienability restrictions
means the restrictions imposed on Settlement Common Stock by section 1606(h)(1)(B) of this title;
available Federal land
means Federal land in the State that—
contaminant
means 1 hazardous substance harmful to public health or the environment, including friable asbestos.
contingency area
means any area specified in a timber sale contract as an area from which the timber contractor may harvest timber if the volume of timber specified in the contract cannot be obtained from one or more areas definitely designated for timbering in the contract.
Cook Inlet Regional Corporation
means Cook Inlet Region, Incorporated.
Descendant of a Native
means—
eligible individual
means an individual who, as determined by the Secretary in accordance with subsection (c)(1), is—
Fund
means the Alaska Native Fund in the Treasury of the United States established by section 1605 of this title;
Group Corporation
means an Alaska Native Group Corporation organized under the laws of the State of Alaska as a business for profit or nonprofit corporation to hold, invest, manage and/or distribute lands, property, funds, and other rights and assets for and on behalf of members of a Native group in accordance with the terms of this chapter;
Merchantable Timber
means timber that can be harvested and marketed by a prudent operator.
Municipal Corporation
means any general unit of municipal government under the laws of the State of Alaska;
NANA
means NANA Regional Corporation, Inc., a corporation formed for the Natives of Northwest Alaska pursuant to the provisions of this chapter.
Native
means a citizen of the United States who is a person of one-fourth degree or more Alaska Indian (including Tsimshian Indians not enrolled in the Metlaktla 1 Indian Community) Eskimo, or Aleut blood, or combination thereof.
Native Corporation
means any Regional Corporation, any Village Corporation, any Urban Corporation, and any Group Corporation;
Native group
means any tribe, band, clan, village, community, or village association of Natives in Alaska composed of less than twenty-five Natives, who comprise a majority of the residents of the locality;
Native village
means any tribe, band, clan, group, village, community, or association in Alaska listed in sections 1610 and 1615 of this title, or which meets the requirements of this chapter, and which the Secretary determines was, on the 1970 census enumeration date (as shown by the census or other evidence satisfactory to the Secretary, who shall make findings of fact in each instance), composed of twenty-five or more Natives;
Person
means any individual, group, firm, corporation, association, or partnership;
Planning Commission
means the Joint Federal-State Land Use Planning Commission established by section 1616 of this title;
Public lands
means all Federal lands and interests therein located in Alaska except: (1) the smallest practicable tract, as determined by the Secretary, enclosing land actually used in connection with the administration of any Federal installation, and (2) land selections of the State of Alaska which have been patented or tentatively approved under section 6(g) of the Alaska Statehood Act, as amended (72 Stat. 341, 77 Stat. 223), or identified for selection by the State prior to January 17, 1969;
Regional Corporation
means an Alaska Native Regional Corporation established under the laws of the State of Alaska in accordance with the provisions of this chapter;
Replacement Common Stock
means stock of a Native Corporation issued in exchange for Settlement Common Stock pursuant to section 1606(h)(3) of this title;
Secretary
means the Secretary of the Interior;
Settlement Common Stock
means stock of a Native Corporation issued pursuant to section 1606(g)(1) of this title that carries with it the rights and restrictions listed in section 1606(h)(1) of this title;
Settlement Trust
means a trust—
State
means the State of Alaska.
transportation system
means the Red Dog Mine Transportation System described in Exhibit B of the Agreement.
Urban Corporation
means an Alaska Native Urban Corporation organized under the laws of the State of Alaska as a business for profit or nonprofit corporation to hold, invest, manage and/or distribute lands, property, funds, and other rights and assets for and on behalf of members of an urban community of Natives in accordance with the terms of this chapter;
veteran
has the meaning given the term in section 101 of title 38.
Village Corporation
means an Alaska Native Village Corporation organized under the laws of the State of Alaska as a business for profit or nonprofit corporation to hold, invest, manage and/or distribute lands, property, funds, and other rights and assets for and on behalf of a Native village in accordance with the terms of this chapter.2