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U.S. Code as of:
01/19/04
Section 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.
(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(G) lands withdrawn or reserved for national defense purposes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) 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(A) lands withdrawn pursuant to section 1610(a)(1) of this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(B) lands contiguous to the outer boundary of lands withdrawn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; 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) 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
December 31, 1971; or
(ii) enlisted or was drafted into military service after June
2, 1971 but before December 3, 1971.
(2) 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) of this
section 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 -
(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.
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