43 USC §1629g Open season for certain Alaska Native veterans for allotments

43 U.S. Code § 1629g.Open season for certain Alaska
Native veterans for allotments
U.S. Code

Notes

(a)I
(1)During the eighteen month period following promulgation of
implementing rules pursuant to subsection (e), a person described in
subsection (b) 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.
(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(G)lands withdrawn or reserved for national defense purposes other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) 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(A)lands withdrawn pursuant to section 1610(a)(1) of this titlewhich
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(B)lands contiguous to the outer boundary of lands withdrawn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) 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)E
(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 (except that the term “nonmineral”, as used
in that Act, shall for the purpose of this subsection be defined as
provided in section 1634(a)(3) of this title, except that such definition
shall not apply to land within a conservation system unit); 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)
(A)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) 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—
(i)was killed in action;
(ii)was wounded in action and subsequently died as a direct
consequence of that wound, as determined by the Department
of Veterans Affairs or based on other evidence acceptable to
theSecretary; or
(iii)died while a prisoner of war.
(B)
(i)If the Secretary requests that the Secretary of Veterans
Affairs make a determination whether a veteran died as a direct
consequence of a wound received in action,
the Secretary of Veterans Affairs shall, within 60 days of receipt of
the request—
(I)provide a determination to the Secretary if the records of the
Department of Veterans Affairs contain sufficient information to
support such a determination; or
(II)notify the Secretary that the records of the Department
of Veterans Affairs do not contain sufficient information to
support a determination and that further investigation will be
necessary.
(ii)Not later than 1 year after notification to the Secretary that
further investigation is necessary, the Department of Veterans
Affairs shall complete the investigation and provide a determination
to the Secretary.
(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)S
(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);
(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)D
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)R
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, § 41, as added Pub. L. 105–276, title IV, § 432, Oct. 21,
1998, 112 Stat. 2516; amended Pub. L. 106–559, title III, § 301, Dec. 21,
2000, 114 Stat. 2782; Pub. L. 108–452, title III, § 306, Dec. 10, 2004, 118 Stat.
3590.)