50 U.S.C. § 4237 — Attu Island restitution program
submitted 38 years ago by Pub. L. 100-383 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 728 words · no verdicts yet
This section provides compensation to the Aleut people for traditional lands and village property on Attu Island while keeping the land designated as wilderness. It sets rules for measuring and valuing the land, paying the Corporation, conveying the village site, and funding the program.
(a) Purpose of section. Attu Island public lands in Alaska within the National Wildlife Refuge System were designated as wilderness under the cited laws. To compensate the Aleut people for losing traditional lands and village property while keeping that wilderness designation, this section provides compensation instead of conveying Attu Island.
(b) Acreage determination. Within 90 days after August 10, 1988, the Secretary* must determine how many acres on Attu Island were traditionally used by Aleut villagers for subsistence and other purposes at the beginning of World War II*. The Secretary must include a base of at least 35,000 acres in traditionally used eastern Attu Island. Using the best available information, including information from Aleut representatives, the Secretary must also identify any additional traditionally used acreage. The base and additional acreage together are the acreage used to calculate the payment. The Secretary must promptly tell the Corporation* the result.
(c) Valuation. (1) Within 120 days after August 10, 1988, the Secretary must value the acreage determined under subsection (b). The value must be at least $350 and no more than $500 per acre, and the total value cannot exceed $15,000,000. (2) The Secretary must consider appropriate factors, including fair market value, environmental and public-interest value, and established Alaska precedents for valuing comparable wilderness land. (3) The Secretary must promptly tell the Corporation the value. That value is final unless the Corporation appeals to the Secretary within 30 days. If it appeals, the Secretary must review the value in light of the appeal and issue a final value within 30 days after the appeal.
(d) In-lieu compensation payment. (1) If funds have been appropriated for this purpose, the Secretary must pay the Corporation the full value determined under subsection (c), minus the subsection (c) value of any land conveyed under subsection (e), as compensation for the Aleuts’ lost Attu Island lands. (2) This payment fully satisfies any claim against the United States for the loss of traditional Aleut lands and village property on Attu Island.
(e) Village site conveyance. The Secretary may convey to the Corporation the United States’ entire right, title, and interest in the surface estate of the traditional Aleut village site on Attu Island, about 10 acres, and the surface estate of all land outside the village that lies within 660 feet of any point on the village boundary. The conveyance may use the authority in section 1613(h)(1) of title 43. After August 10, 1988, that authority cannot be used to convey to the Corporation any other Attu Island site.
(f) Authorization of appropriations. Congress may appropriate $15,000,000 to the Secretary to carry out this section.
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.
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.
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—
such acreage may not be valued at less than $350 per acre nor more than $500 per acre; and
the total valuation of all such acreage may not exceed $15,000,000.
In determining the value of the acreage under paragraph (1), the Secretary shall take into consideration such factors as the Secretary considers appropriate, including—
fair market value;
environmental and public interest value; and
established precedents for valuation of comparable wilderness lands in the State of Alaska.
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).
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).
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.
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).
There are authorized to be appropriated $15,000,000 to the Secretary to carry out this section.
Source credit: (Pub. L. 100–383, title II, § 207, Aug. 10, 1988, 102 Stat. 914.)
- 1988Enacted · Pub. L. 100-383 · 102 Stat. 914
A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-383 on 1988-08-10.
all 0 arguments · sorted by: best
no arguments yet — make the first case