
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-559 Section 301]
[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        (G) lands withdrawn or reserved for national defense purposes 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 and Reindeer 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; and
        (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 
        June 2, 1971; or
            (ii) enlisted or was drafted into military service after 
        June 2, 1971 but before December 3, 1971.

    (2) 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--
        (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.)

                       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.
