[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session] [From the U.S. Government Publishing Office, www.gpo.gov] 118 STAT. 3575 Public Law 108-452 108th Congress An Act To facilitate the transfer of land in the State of Alaska, and for other purposes. NOTE: Dec. 10, 2004 - [S. 1466] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, NOTE: Alaska Land Transfer Acceleration Act. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) NOTE: 43 USC 1601 note. Short Title.--This Act may be cited as the ``Alaska Land Transfer Acceleration Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--STATE SELECTIONS AND CONVEYANCES Sec. 101. Community grant selections and conveyances. Sec. 102. Prioritization of land to be conveyed. Sec. 103. Selection of certain reversionary interests held by the United States. Sec. 104. Effect of hydroelectric withdrawals. Sec. 105. Entitlement for the University of Alaska. Sec. 106. Settlement of remaining entitlement. Sec. 107. Effect of Federal mining claims. Sec. 108. Land mistakenly relinquished or omitted. TITLE II--ALASKA NATIVE CLAIMS SETTLEMENT ACT Sec. 201. Land available after selection period. Sec. 202. Combined entitlements. Sec. 203. Authority to convey by whole section. Sec. 204. Conveyance of cemetery sites and historical places. Sec. 205. Allocations based on population. Sec. 206. Authority to withdraw land. Sec. 207. Report on withdrawals. Sec. 208. Automatic segregation of land for underselected Village Corporations. Sec. 209. Settlement of remaining entitlement. TITLE III--NATIVE ALLOTMENTS Sec. 301. Correction of conveyance documents. Sec. 302. Title recovery of Native allotments. Sec. 303. Native allotment revisions on land selected by or conveyed to a Native Corporation. Sec. 304. Compensatory acreage. Sec. 305. Reinstatements and reconstructions. Sec. 306. Amendments to section 41 of the Alaska Native Claims Settlement Act. TITLE IV--FINAL PRIORITIES; CONVEYANCE AND SURVEY PLANS Sec. 401. Deadline for establishment of regional plans. Sec. 402. Deadline for establishment of village plans. Sec. 403. Final prioritization of ANCSA selections. Sec. 404. Final prioritization of State selections. TITLE V--ALASKA LAND CLAIMS HEARINGS AND APPEALS Sec. 501. Alaska land claims hearings and appeals. TITLE VI--REPORT AND AUTHORIZATION OF APPROPRIATIONS Sec. 601. Report. Sec. 602. Authorization of appropriations. [[Page 3576]] 118 STAT. 3576 SEC. 2. NOTE: 43 USC 1602 note. DEFINITIONS. In this Act: (1) Native allotment.--The term ``Native allotment'' means an allotment claimed under the Act of May 17, 1906 (34 Stat. 197, chapter 2469). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means the State of Alaska. TITLE I--STATE SELECTIONS AND CONVEYANCES SEC. 101. COMMUNITY GRANT SELECTIONS AND NOTE: 48 USC note prec. 21. CONVEYANCES. (a) In General.--Section 6 of Public Law 85-508 (commonly known as the ``Alaska Statehood Act'') (72 Stat. 340) is amended by adding at the end the following: ``(n) The minimum tract selection size is waived with respect to a selection made by the State of Alaska under subsection (a) for the following selections: National Forest Community Grant Application Number Area Name Est. Acres 209 Yakutat Airport Addition 111 264 Bear Valley (Portage) 120 284 Hyder-Fish Creek 61 310 Elfin Cove 37 384 Edna Bay Admin Site 37 390 Point Hilda 29.''. (b) Community Grant Selections.--Section 6 of Public Law 85-508 (commonly known as the ``Alaska Statehood Act'') (72 Stat. 340) (as amended by subsection (a)) is amended by adding at the end the following: ``(o)(1) The State of Alaska may elect to convert a selection filed under subsection (b) to a selection under subsection (a) by notifying the Secretary of the Interior in writing. ``(2) If the State of Alaska makes an election under paragraph (1), the entire selection shall be converted to a selection under subsection (a). ``(3) The Secretary of the Interior shall not convey a total of more than 400,000 acres of public domain land selected under subsection (a) or converted under paragraph (1) to a public domain selection under subsection (a). ``(4) Conversion of a selection under paragraph (1) shall not increase the survey obligation of the United States with respect to the land converted. ``(p) All selection applications of the State of Alaska that are on file with the Secretary of the Interior under the public domain provisions of subsection (a) on the date of enactment of this subsection and any selection applications that are converted to a subsection (a) selection under subsection (o)(1) are approved as suitable for community or recreational purposes.''. [[Page 3577]] 118 STAT. 3577 SEC. 102. PRIORITIZATION OF LAND TO BE CONVEYED. Section 906(h)(2) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1635(h)(2)) is amended-- (1) by striking ``(2) As soon as practicable'' and inserting the following: ``(2)(A) As soon as practicable''; (2) by striking ``The sequence of'' and inserting the following: ``(B)(i) The sequence of''; and (3) by adding at the end the following: ``(ii) In establishing the priorities for tentative approval under clause (i), the State shall-- ``(I) in the case of a selection under section 6(a) of Public Law 85-508 (commonly known as the `Alaska Statehood Act') (72 Stat. 340), include all land selected; or ``(II) in the case of a selection under section 6(b) of that Act-- ``(aa) include at least 5,760 acres; or ``(bb) if a waiver has been granted under section 6(g) of that Act or less than 5,760 acres of the entitlement remains, prioritize the selection in such increments as are available for conveyance.''. SEC. 103. SELECTION NOTE: 43 USC 1635 note. OF CERTAIN REVERSIONARY INTERESTS HELD BY THE UNITED STATES. (a) In General.--All reversionary interests held by the United States in land owned by the State or any political subdivision of the State and any Federal land leased by the State under the Act of August 23, 1950 (25 U.S.C. 293b), or the Act of June 4, 1953 (25 U.S.C. 293a), that is prioritized for conveyance by the State under section 906(h)(2) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1635(h)(2))-- (1) are deemed to be selected; and (2) may, with the concurrence of the Secretary or the head of the Federal agency with administrative jurisdiction over the land, be conveyed under section 6 of Public Law 85-508 (commonly known as the ``Alaska Statehood Act'') (72 Stat. 340). (b) Effect on Entitlement.--If, before the date of enactment of this Act, the entitlement of the State has not been charged with respect to a parcel for which a reversionary interest is conveyed under subsection (a), the total acreage of the parcel shall be charged against the remaining entitlement of the State. (c) Minimum Acreage Requirement Not Applicable.--The minimum acreage requirement under subsections (a) and (b) of section 6 of Public Law 85- 508 (commonly known as the ``Alaska Statehood Act'') (72 Stat. 340) shall not apply to the selection of reversionary interests under subsection (a). (d) State Waiver.--On conveyance to the State of any reversionary interest selected under subsection (a), the State shall be deemed to have waived all right to any future credit should the reversion not occur. (e) Limitation.--This section shall not apply to-- (1) reversionary interests in land acquired by the United States through the use of amounts from the Exxon Valdez Oil Spill Trust Fund; or [[Page 3578]] 118 STAT. 3578 (2) reversionary interests in any land conveyed to the State as a result of the ``Terms and Conditions for Land Consolidation and Management in Cook Inlet Area'' as ratified by section 12 of Public Law 94-204 (43 U.S.C. 1611 note). SEC. 104. EFFECT OF HYDROELECTRIC WITHDRAWALS. (a) Land Withdrawn, Reserved, or Classified for Power Site or Power Project Purposes.--If the State has filed a future selection application under section 906(e) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1635(e)) for land withdrawn, reserved, or classified for power site or power project purposes, notwithstanding the withdrawal, reservation, or classification for power site or power project purposes, the following parcels of land shall be deemed to be vacant, unappropriated, and unreserved within the meaning of Public Law 85-508 (commonly known as the ``Alaska Statehood Act'') (72 Stat. 339): General Selection Application Serial Number Area Name Number AKAA 058747 Bradley Lake GS 5141 AKAA 058848 Bradley Lake GS 44 AKAA 058266 Eagle River/Ship Creek/Peters GS 1429 Creek AKAA 058265 Eagle River/Ship Creek/Peters GS 1209 Creek AKAA 058374 Salmon Creek GS 327 AKF 031321 Nenana River GS 2182 AKAA 059056 Solomon Gulch at Valdez GS 86 AKFF 085798 Kruzgamepa River Pass Creek GS 4096. (b) Limitation.--Subsection (a) does not apply to any land that is-- (1) located within the boundaries of a conservation system unit (as defined in section 102 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3102)); or (2) otherwise unavailable for conveyance under Public Law 85-508 (commonly known as the ``Alaska Statehood Act'') (72 Stat. 339). (c) Requirement Applicable to National Forest System Land.--Any land described in subsection (a) that is in a unit of the National Forest System shall not be conveyed unless the Secretary of Agriculture approved the State selection before January 3, 1994. (d) Requirements Applicable to Hydroelectric Applications and Licensed Projects.-- (1) Hydroelectric applications.--Any selection of land described in subsection (a) that is included in a hydroelectric application-- (A) shall be subject to the jurisdiction of the Federal Energy Regulatory Commission; and (B) shall not be conveyed while the hydroelectric application is pending. (2) Licensed project.--Any selection of land described in subsection (a) that is included in a licensed project shall be subject to-- [[Page 3579]] 118 STAT. 3579 (A) the jurisdiction of the Federal Energy Regulatory Commission; (B) the rights of third parties; and (C) the right of reentry under section 24 of the Federal Power Act (16 U.S.C. 818). (e) Effect of Section.--Nothing in this section negates or diminishes any right of an applicant to petition for restoration and opening of land withdrawn or classified for power purposes under section 24 of the Federal Power Act (16 U.S.C. 818). SEC. 105. ENTITLEMENT FOR THE UNIVERSITY OF ALASKA. (a) NOTE: 43 USC 852 note. In General.--As of January 1, 2003, the remaining State entitlement for the benefit of the University of Alaska under the Act of January 21, 1929 (45 Stat. 1091, chapter 92), is 456 acres. (b) Reversionary Interests.--The Act of January 21, 1929 (45 Stat. 1091, chapter 92), NOTE: 43 USC 852 note. is amended by adding at the end the following: ``Sec. 3. (a) The State of Alaska (referred to in this Act as the `State'), acting on behalf of, and with the approval of, the University of Alaska, may select-- ``(1) any mineral interest (including an interest in oil or gas) in land located in the State, the unreserved portion of which is owned by the University of Alaska; or ``(2) any reversionary interest held by the United States in land located in the State, the unreserved portion of which is owned by the University of Alaska. ``(b) The total acreage of any parcel of land for which a partial interest is conveyed under subsection (a) shall be charged against the remaining entitlement of the State under this Act. ``(c) In taking title to a reversionary interest, the State, with the approval of the University of Alaska, waives all right to any future acreage credit if the reversion does not occur. ``Sec. 4. The Secretary may survey any vacant, unappropriated, and unreserved land in the State for purposes of allowing selections under this Act. ``Sec. 5. The authorized outstanding selections under this Act shall be not more than-- ``(1) 125 percent of the remaining entitlement; plus ``(2) the number of acres of land that are in conflict with land owned by the University of Alaska, as identified in Native allotment applications on record with the Bureau of Land Management.''. SEC. 106. SETTLEMENT NOTE: 43 USC 1635 note. OF REMAINING ENTITLEMENT. (a) In General.--The Secretary may enter into a binding written agreement with the State with respect to-- (1) the exact number and location of acres of land remaining to be conveyed under each entitlement established or confirmed by Public Law 85-508 (commonly known as the ``Alaska Statehood Act'') (72 Stat. 340), from-- (A) the land selected by the State as of January 3, 1994; and (B) selections under the Act of January 21, 1929 (45 Stat. 1091, chapter 92); (2) the priority in which the land is to be conveyed; (3) the relinquishment of selections which are not to be conveyed; and [[Page 3580]] 118 STAT. 3580 (4) the survey of the exterior boundaries of the land to be conveyed. (b) Consultation.--Before entering into an agreement under subsection (a), the Secretary shall ensure that any concerns or issues identified by any Federal agency potentially affected are given consideration. (c) Errors.--The State, by entering into an agreement under subsection (a), shall receive any gain or bear any loss that results from errors in prior surveys, protraction diagrams, or the computation of the ownership of third parties on any land conveyed under an agreement entered into under subsection (a). (d) Availability of Agreements.--Agreements entered into under subsection (a) shall be available for public inspection in the appropriate offices of the Department of the Interior. (e) Effect.--Nothing in this section increases the entitlement provided to the State under Public Law 85-508 (commonly known as the ``Alaska Statehood Act'') (72 Stat. 340), or the Act of January 21, 1929 (45 Stat. 1091, chapter 92). SEC. 107. EFFECT NOTE: 43 USC 1635 note. OF FEDERAL MINING CLAIMS. (a) Conditional Relinquishments.-- (1) In general.--To facilitate the conversion of Federal mining claims to State mining claims on land selected or topfiled by the State, a Federal mining claimant may file with the Secretary a voluntary relinquishment of the Federal mining claim conditioned on conveyance of the land to the State. (2) Conveyance of relinquished claim.--The Secretary may convey the land described in the relinquished Federal mining claim to the State if, with respect to the land-- (A) the State has filed as of January 3, 1994-- (i) a selection application under Public Law 85-508 (commonly known as the ``Alaska Statehood Act'') (72 Stat. 339); or (ii) a future selection application under section 906(e) of the Alaska National Interest Lands Conservation Act 43 U.S.C. 1635(e)); and (B) the land addressed by the selection application or future selection application is conveyed to the State. (3) Obligations under federal law.--Until the date on which the land is conveyed under paragraph (2), a Federal mining claimant shall be subject to any obligations relating to the land under Federal law. (4) No relinquishment.--If the land previously encumbered by the relinquished Federal mining claim is not conveyed to the State under paragraph (2), the relinquishment of land under paragraph (1) shall be of no effect. (b) Rights-of-Way; Other Interest.--On conveyance to the State of a relinquished Federal mining claim under this section, the State shall assume authority over any leases, licenses, permits, rights-of-way, operating plans, other land use authorizations, or reclamation obligations applicable to the relinquished Federal mining claim on the date of conveyance. SEC. 108. LAND MISTAKENLY RELINQUISHED OR OMITTED. Notwithstanding the selection deadlines under section 6(a) of Public Law 85-508 (commonly known as the ``Alaska Statehood Act'') (72 Stat. 340)-- [[Page 3581]] 118 STAT. 3581 (1) the State selection application AA-17607 NFCG 75, located in the Chugach National Forest, is reinstated to the parcels of land originally selected in 1978, which are more particularly described as-- (A) S\1/2\ sec. 14, T. 11 S., R. 11 W., of the Copper River Meridian; (B) S\1/2\ sec. 15, T. 11 S., R. 11 W., of the Copper River Meridian; (C) E\1/2\SE\1/4\ sec. 16, T. 11 S., R. 11 W., of the Copper River Meridian; (D) E\1/2\, E\1/2\W\1/2\, SW\1/4\SW\1/4\ sec. 21, T. 11 S., R. 11 W., of the Copper River Meridian; (E) N\1/2\, SW\1/4\, N\1/2\SE\1/4\ sec. 22, T. 11 S., R. 11 W., of the Copper River Meridian; (F) N\1/2\, SW\1/4\, N\1/2\SE\1/4\ sec. 23, T. 11 S., R. 11 W., of the Copper River Meridian; (G) NW\1/4\ sec. 27, T. 11 S., R. 11 W., of the Copper River Meridian; and (H) N\1/2\N\1/2\, SE\1/4\NE\1/4\ sec. 28, T. 11 S., R. 11 W., of the Copper River Meridian; and (2) the following parcels of land are considered topfiled under section 906(e) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 1635(e)): (A) The parcels of land omitted from the State's topfiling of the Utility and Transportation Corridor, and other parcels of land encompassing the Trans-Alaska Pipeline System, withdrawn by Public Land Order No. 5150 (except for any land within the boundaries of a conservation system unit), which are more particularly described as-- (i) secs. 1-30, 32-36, T. 27 N., R. 11 W., of the Fairbanks Meridian; (ii) secs. 10, 13-18, 21-28, and 33-36, T. 20 N., R. 13 W., of the Fairbanks Meridian; (iii) secs. 13, 14, and 15, T. 20 N., R. 14 W., of the Fairbanks Meridian; (iv) secs. 1-5, 8-17, and 20-28, T. 19 N., R. 13 W., of the Fairbanks Meridian; (v) secs. 29-32, T. 20 N., R. 16 W., of the Fairbanks Meridian; (vi) secs. 5-11, 14-23, and 25-36, T. 19 N., R. 16 W., of the Fairbanks Meridian; (vii) secs. 30 and 31, T. 19 N., R. 15 W., of the Fairbanks Meridian; (viii) secs. 5 and 6, T. 18 N., R. 15 W., of the Fairbanks Meridian; (ix) secs. 1-2 and 7-34, T. 16 N., R. 14 W., of the Fairbanks Meridian; and (x) secs. 4-9, T. 15 N., R. 14 W., of the Fairbanks Meridian. (B) Secs. 1, 2, 11-14, T. 10 S., R. 42 W., of the Seward Meridian. [[Page 3582]] 118 STAT. 3582 TITLE II--ALASKA NATIVE CLAIMS SETTLEMENT ACT SEC. 201. LAND NOTE: 43 USC 1611 note. AVAILABLE AFTER SELECTION PERIOD. (a) In General.--To make certain Federal land available for conveyance to a Native Corporation that has sufficient remaining entitlement, the Secretary may waive the filing deadlines under sections 12 and 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1615) if-- (1) the Federal land is-- (A) located in a township in which all or any part of a Native Village is located; or (B) surrounded by-- (i) land that is owned by the Native Corporation; or (ii) selected land that will be conveyed to the Native Corporation; (2) the Federal land-- (A) became available after the end of the original selection period; (B)(i) was not selected by the Native Corporation because the Federal land was subject to a competing claim or entry; and (ii) the competing claim or entry has lapsed; or (C) was previously an unavailable Federal enclave within a Native selection withdrawal area; (3)(A) the Secretary provides the Native Corporation with a specific time period in which to decline the Federal land; and (B) the Native Corporation does not submit to the Secretary written notice declining the land within the period established under subparagraph (A); and (4) the State has voluntarily relinquished any valid State selection or top-filing for the Federal land. (b) Congressional Action.--Subsection (a) shall not apply to a parcel of Federal land if Congress has specifically made other provisions for disposition of the parcel of Federal land. SEC. 202. COMBINED ENTITLEMENTS. Section 12 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611) is amended-- (1) in the second sentence of subsection (b), by striking ``Regional Corporation shall'' and inserting ``Regional Corporation shall, not later than October 1, 2005,''; and (2) by adding at the end the following: ``(f)(1) The entitlements received by any Village Corporation under subsection (a) and the reallocations made to the Village Corporation under subsection (b) may be combined, at the discretion of the Secretary, without-- ``(A) increasing or decreasing the combined entitlement; or ``(B) increasing the limitation on selections of Wildlife Refuge System land, National Forest System land, or State- selected land under subsection (a). [[Page 3583]] 118 STAT. 3583 ``(2) The combined entitlement under paragraph (1) may be fulfilled from selections under subsection (a) or (b) without regard to the entitlement specified in the selection application. ``(3) All selections under a combined entitlement under paragraph (1) shall be adjudicated and conveyed in compliance with this Act. ``(4) Except in a case in which a survey has been contracted for before the date of enactment of this subsection, the combination of entitlements under paragraph (1) shall not require separate patents or surveys, to distinguish between conveyances made to a Village Corporation under subsections (a) and (b).''. SEC. 203. AUTHORITY TO CONVEY BY WHOLE SECTION. Section 14(d) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(d)) is amended-- (1) by striking ``(d) the Secretary'' and inserting the following: ``(d)(1) The Secretary''; and (2) by adding at the end the following: ``(2) NOTE: Applicability. For purposes of applying the rule of approximation under this section, the largest legal subdivision that may be conveyed in excess of the applicable acreage limitation specified in subsection (a) shall be-- ``(A) in the case of land managed by the Bureau of Land Management that is not within a conservation system unit, the next whole section; ``(B) in the case of land managed by an agency other than the Bureau of Land Management that is not within a conservation system unit, the next quarter-section and only with concurrence of the agency; or ``(C) in the case of land within a conservation system unit, a quarter of a quarter section, and if the land is managed by an agency other than the Bureau of Land Management, only with the concurrence of that agency. ``(3)(A) If the Secretary determines pursuant to paragraph (2) that an entitlement of a Village Corporation (other than a Village Corporation listed in section 16(a)) or a Regional Corporation may be fulfilled by conveying a specific tract of surveyed or unsurveyed land, the Secretary and the affected Village or Regional Corporation may enter into an agreement providing that all land entitlements under this Act shall be deemed satisfied by conveyance of the specifically identified and agreed upon tract of land. ``(B) An agreement entered into under subparagraph (A) shall be-- ``(i) in writing; ``(ii) executed by the Secretary and the Village or Regional Corporation; and ``(iii) authorized by a corporate resolution adopted by the affected Village or Regional Corporation. ``(C) After execution of an agreement under subparagraph (A) and conveyance of the agreed upon tract to the affected Village or Regional Corporation-- ``(i) the Secretary shall not make any further adjustments to calculations relating to acreage entitlements of the Village or Regional Corporation; and ``(ii) the Village or Regional Corporation shall not be entitled to any further conveyances under this Act. [[Page 3584]] 118 STAT. 3584 ``(D) A Village or Regional Corporation shall not be eligible to receive land under subparagraph (A) if the Village or Regional Corporation has received the full land entitlement of the Village or Regional Corporation through-- ``(i) an actual conveyance of land; or ``(ii) a previous agreement. ``(E) If the calculations of the Secretary indicate that the final survey boundaries for any Village or Regional Corporation entitlement for which an agreement has not been entered into under this paragraph include acreage in a quantity that exceeds the statutory entitlement of the corporation by \1/10\ of 1 percent or less, but not more than the applicable acreage limitation specified in paragraph (2)-- ``(i) the entitlement shall be considered satisfied by the conveyance of the surveyed area; and ``(ii) the Secretary shall not change the survey for the sole purpose of an acreage adjustment. ``(F) This paragraph does not limit or otherwise affect the ability of a Village or Regional Corporation to enter into land exchanges with the United States.''. SEC. 204. CONVEYANCE OF CEMETERY SITES AND HISTORICAL PLACES. Section 14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)) is amended-- (1) by striking ``(1) The Secretary'' and inserting the following: ``(1)(A) The Secretary''; (2) by striking ``Only title'' and inserting the following: ``(B) Only title''; and (3) by adding at the end the following: ``(C)(i) Notwithstanding acreage allocations made before the date of enactment of this subparagraph, the Secretary may convey any cemetery site or historical place-- ``(I) with respect to which there is an application on record with the Secretary on the date of enactment of this paragraph; and ``(II) that is eligible for conveyance. ``(ii) NOTE: Applicability. Clause (i) shall also apply to any of the 188 closed applications that are determined to be eligible and reinstated under Secretarial Order No. 3220 dated January 5, 2001. ``(D) No applications submitted for the conveyance of land under subparagraph (A) that were closed before the date of enactment of this paragraph may be reinstated other than those specified in subparagraph (C)(ii). ``(E) After the date of enactment of this paragraph-- ``(i) no application may be filed for the conveyance of land under subparagraph (A); and ``(ii) no pending application may be amended, except as necessary to conform the application to the description in the certification of eligibility of the Bureau of Indian Affairs. ``(F) NOTE: Deadline. Unless, not later than 1 year after the date of enactment of this paragraph, a Regional Corporation that has filed an application for a historic place submits to [[Page 3585]] 118 STAT. 3585 the Secretary a statement on the significance of and the location of the historic place-- ``(i) the application shall not be valid; and ``(ii) the Secretary shall reject the application. ``(G) NOTE: Deadline. The State and the head of the Federal agency with administrative jurisdiction over the land shall have 30 days to provide written comments to the Secretary-- ``(i) identifying any third party interest to which a conveyance under subparagraph (A) should be made subject; and ``(ii) describing any easements recommended for reservation.''. SEC. 205. ALLOCATIONS BASED ON POPULATION. Section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)) is amended by adding at the end the following: ``(C)(i) Notwithstanding any other provision of this subsection, as soon as practicable after enactment of this subparagraph, the Secretary shall allocate to a Regional Corporation eligible for an allocation under subparagraph (A) the Regional Corporation's share of 200,000 acres from lands withdrawn under this subsection, to be credited against acreage to be allocated to the Regional Corporation under subparagraph (A). ``(ii) NOTE: Applicability. Clause (i) shall apply to Chugach Alaska Corporation pursuant to the terms of the 1982 CNI Settlement Agreement. ``(iii) With respect to Cook Inlet Region, Inc., or Koniag, Inc.-- ``(I) clause (i) shall not apply; and ``(II) the portion of the 200,000 acres allocated to Cook Inlet Region Inc. or Koniag, Inc., shall be retained by the United States. ``(iv) This subparagraph shall not affect any prior agreement entered into by a Regional Corporation other than the agreements specifically referred to in this subparagraph.''. SEC. 206. AUTHORITY TO WITHDRAW LAND. Section 14(h)(10) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(10)) is amended-- (1) by striking ``(10) Notwithstanding'' and inserting the following: ``(10)(A) Notwithstanding''; and (2) by adding at the end the following: ``(B) If a Regional Corporation does not have enough valid selections on file to fulfill the remaining entitlement of the Regional Corporation under paragraph (8), the Secretary may use the withdrawal authority under subparagraph (A) to withdraw land that is vacant, unappropriated, and unreserved on the date of enactment of this subparagraph for selection by, and conveyance to, the Regional Corporation to fulfill the entitlement.''. SEC. 207. REPORT ON WITHDRAWALS. Not later than 18 months after the date of enactment of this Act, the Secretary shall-- [[Page 3586]] 118 STAT. 3586 (1) review the withdrawals made pursuant to section 17(d)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1616(d)(1)) to determine if any portion of the lands withdrawn pursuant to that provision can be opened to appropriation under the public land laws or if their withdrawal is still needed to protect the public interest in those lands; (2) NOTE: Public information. provide an opportunity for public notice and comment, including recommendations with regard to lands to be reviewed under paragraph (1); and (3) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report that identifies any portion of the lands so withdrawn that can be opened to appropriation under the public land laws consistent with the protection of the public interest in these lands. SEC. 208. AUTOMATIC SEGREGATION OF LAND FOR UNDERSELECTED VILLAGE CORPORATIONS. Section 22(j) of the Alaska Native Claims Settlement Act (43 U.S.C. 1621(j)) is amended by adding at the end the following: ``(3) In lieu of withdrawal under paragraph (2), land may be segregated from all other forms of appropriation for the purposes described in that paragraph if-- ``(A) the Secretary and the Village Corporation enter into an agreement identifying the land for selection; and ``(B) the Village Corporation files an application for selection of the land.''. SEC. 209. SETTLEMENT OF REMAINING NOTE: 43 USC 1611 note. ENTITLEMENT. (a) In General.--The Secretary may enter into a binding written agreement with a Native Corporation relating to-- (1) the land remaining to be conveyed to the Native Corporation under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) from land selected as of September 1, 2004, or land made available under section 201, 206, or 208 of this Act; (2) the priority in which the land is to be conveyed; (3) the relinquishment of selections which are not to be conveyed; (4) the selection entitlement to which selections are to be charged, regardless of the entitlement under which originally selected; (5) the survey of the exterior boundaries of the land to be conveyed; (6) the additional survey to be performed under section 14(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(c)); and (7) the resolution of conflicts with Native allotment applications. (b) Requirements.--An agreement under subsection (a)-- (1) shall be authorized by a resolution of the Native Corporation entering into the agreement; and (2) shall include a statement that the entitlement of the Native Corporation shall be considered complete on execution of the agreement. (c) Correction of Conveyance Documents.--In an agreement under subsection (a), the Secretary and the Native Corporation may agree to make technical corrections to the legal description [[Page 3587]] 118 STAT. 3587 in the conveyance documents for easements previously reserved so that the easements provide the access intended by the original reservation. (d) Consultation.--Before entering into an agreement under subsection (a), the Secretary shall ensure that the concerns or issues identified by the State and all Federal agencies potentially affected by the agreement are given consideration. (e) Errors.--Any Native Corporation entering into an agreement under subsection (a) shall receive any gain or bear any loss resulting from errors in prior surveys, protraction diagrams, or computation of the ownership of third parties on any land conveyed. (f) Effect.-- (1) In general.--An agreement under subsection (a) shall not-- (A) affect the obligations of Native Corporations under prior agreements; or (B) result in a Native Corporation relinquishing valid selections of land in order to qualify for the withdrawal of other tracts of land. (2) Effect on subsurface rights.--The terms of an agreement entered into under subsection (a) shall be binding on a Regional Corporation with respect to the location and quantity of subsurface rights of the Regional Corporation under section 14(f) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(f)). (3) Effect on entitlement.--Nothing in this section increases the entitlement provided to any Native Corporation under-- (A) the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); or (B) the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.). (g) Boundaries of a Native Village.--An agreement entered into under subsection (a) may not define the boundaries of a Native Village. (h) Availability of Agreements.--An agreement entered into under subsection (a) shall be available for public inspection in the appropriate offices of the Department of the Interior. TITLE III--NATIVE ALLOTMENTS SEC. 301. CORRECTION OF CONVEYANCE DOCUMENTS. Section 18 of the Alaska Native Claims Settlement Act (43 U.S.C. 1617) is amended by adding at the end the following: ``(d)(1) If an allotment application is valid or would have been approved under section 905 of the Alaska National Interests Lands Conservation Act (43 U.S.C. 1634) had the land described in the application been in Federal ownership on December 2, 1980, the Secretary may correct a conveyance to a Native Corporation or to the State that includes land described in the allotment application to exclude the described allotment land with the written concurrence of the Native Corporation or the State. ``(2) A written concurrence shall-- ``(A) include a finding that the land description proposed by the Secretary is acceptable; and [[Page 3588]] 118 STAT. 3588 ``(B) attest that the Native Corporation or the State has not-- ``(i) granted any third party rights or taken any other action that would affect the ability of the United States to convey full title under the Act of May 17, 1906 (34 Stat. 197, chapter 2469); and ``(ii) stored or allowed the deposit of hazardous waste on the land. ``(3) On receipt of an acceptable written concurrence, the Secretary, shall-- ``(A) issue a corrected conveyance document to the State or Native Corporation, as appropriate; and ``(B) issue a certificate of allotment to the allotment applicant. ``(4) No documents of reconveyance from the State or an Alaska Native Corporation or evidence of title, other than the written concurrence and attestation described in paragraph (2), are necessary to use the procedures authorized by this subsection.''. SEC. 302. TITLE RECOVERY OF NATIVE NOTE: 43 USC 1617 note. ALLOTMENTS. (a) In General.--In lieu of the process for the correction of conveyance documents available under subsection (d) of section 18 of the Alaska Native Claims Settlement Act (as added by section 301), any Native Corporation may elect to reconvey all of the land encompassed by an allotment claim or a portion of the allotment claim agreeable to the applicant in satisfaction of the entire claim by tendering a valid and appropriate deed to the United States. (b) Certificate of Allotment.--If the United States determines that the allotment application is valid or would have been approved under section 905 of the Alaska National Interests Lands Conservation Act (42 U.S.C. 1634) had the land described in the allotment application been in Federal ownership on December 2, 1980, and obtains title evidence acceptable under the Department of Justice title standards, the United States shall accept the deed from the Native Corporation and issue a certificate of allotment to the allotment applicant. (c) Probate Not Required.--If the Native Corporation reconveys the entire interest of the Native Corporation in the allotment claim of a deceased applicant, the United States may accept the deed and issue the certificate of allotment without waiting for a determination of heirs or the approval of a will. (d) No Liability.--The United States shall not be subject to liability under Federal or State law for the presence of any hazardous substance in land or an interest in land solely as a result of any reconveyance to, and transfer by, the United States of land or interests in land under this section. SEC. 303. NATIVE ALLOTMENT REVISIONS ON LAND SELECTED BY OR CONVEYED TO A NATIVE CORPORATION. Section 18 of the Alaska Native Claims Settlement Act (43 U.S.C. 1617) (as amended by section 301) is amended by adding at the end the following: ``(e)(1) An allotment applicant who had an application pending before the Department of the Interior on December 18, 1971, and whose application is still open on the records of the Department of the Interior as of the date of enactment of this subsection may [[Page 3589]] 118 STAT. 3589 revise the land description in the application to describe land other than the land that the applicant originally intended to claim if-- ``(A) the application-- ``(i) describes land selected by or conveyed by interim conveyance or patent to a Native Corporation formed to receive benefits under this Act; or ``(ii) otherwise conflicts with an interest in land granted to a Native Corporation by the United States; ``(B) the revised land description describes land selected by or conveyed by interim conveyance or patent to a Native Corporation of approximately equal acreage in substitution for the land described in the original application; ``(C) the Director of the Bureau of Land Management has not adopted a final plan of survey for the final entitlement of the Native Corporation or its successor in interest; and ``(D) the Native Corporation that selected the land or its successor in interest provides a corporate resolution authorizing reconveyance or relinquishment to the United States of the land, or interest in land, described in the revised application. ``(2) The land description in an allotment application may not be revised under this section unless the Secretary has determined-- ``(A) that the allotment application is valid or would have been approved under section 905 of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1634) had the land in the allotment application been in Federal ownership on December 2, 1980; ``(B) in consultation with the administering agency, that the proposed revision would not create an isolated inholding within a conservation system unit (as defined in section 102 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3102)); and ``(C) that the proposed revision will facilitate completion of a land transfer in the State. ``(3)(A) NOTE: Certification. On obtaining title evidence acceptable under Department of Justice title standards and acceptance of a reconveyance or relinquishment from a Native Corporation under paragraph (1), the Secretary shall issue a Native allotment certificate to the applicant for the land reconveyed or relinquished by the Native Corporation. ``(B) Any allotment revised under this section shall, when allotted, be made subject to any easement, trail, right-of-way, or any third-party interest (other than a fee interest) in existence on the revised allotment land on the date of revision.''. SEC. 304. COMPENSATORY NOTE: Records. 43 USC 1617 note. ACREAGE. (a) In General.--The Secretary shall adjust the acreage entitlement computation records for the State or an affected Native Corporation to account for any difference in the amount of acreage between the corrected description and the previous description in any conveyance document as a result of actions taken under section 18(d) of the Alaska Native Claims Settlement Act (as added by section 301) or section 18(e) of the Alaska Native Claims Settlement Act (as added by section 303), or for other voluntary reconveyances to the United States for the purpose of facilitating land transfers in the State. (b) Limitation.--No adjustment to the acreage conveyance computations shall be made where the State or an affected Native [[Page 3590]] 118 STAT. 3590 Corporation retains a partial estate in the described allotment land. (c) Availability of Additional Land.--If, as a result of implementation under section 18(d) of the Alaska Native Claims Settlement Act (as added by section 301) or any voluntary reconveyance to facilitate a land transfer, a Village Corporation has insufficient remaining selections from which to receive its full entitlement under the Alaska Native Claims Settlement Act, the Secretary may use the authority and procedures available under paragraph (3) of section 22(j) of the Alaska Native Claims Settlement Act (43 U.S.C. 1621(j)) (as added by section 208) to make additional land available for selection by the Village Corporation. SEC. 305. REINSTATEMENTS AND RECONSTRUCTIONS. Section 18 of the Alaska Native Claims Settlement Act (43 U.S.C. 1617) (as amended by section 303) is amended by adding at the end the following: ``(f)(1) If an applicant for a Native allotment filed under the Act of May 17, 1906 (34 Stat. 197, chapter 2469) petitions the Secretary to reinstate a previously closed Native allotment application or to accept a reconstructed copy of an application claimed to have been timely filed with an agency of the Department of the Interior, the United States-- ``(A) may seek voluntary reconveyance of any land described in the application that is reinstated or reconstructed after the date of enactment of this subsection; but ``(B) shall not file an action in any court to recover title from a current landowner. ``(2) A certificate of allotment that is issued for any allotment application for which a request for reinstatement or reconstruction is received or accepted after the date of enactment of this subsection shall be made subject to any Federal appropriation, trail, right-of-way, easement, or existing third party interest of record, including third party interests created by the State, without regard to the date on which the Native allotment applicant initiated use and occupancy.''. SEC. 306. AMENDMENTS TO SECTION 41 OF THE ALASKA NATIVE CLAIMS SETTLEMENT ACT. Section 41(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1629g(b)) is amended-- (1) in paragraph (1)(A), by inserting before the semicolon at the end the following: ``(except that the term `nonmineral', as used in that Act, shall for the purpose of this subsection be defined as provided in section 905(a)(3) of the Alaska National Interest Lands Conservation Act (42 U.S.C. 1634(a)(3)), except that such definition shall not apply to land within a conservation system unit)''; and (2) in paragraph (2)-- (A) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and indenting the clauses appropriately; (B) by inserting ``(A)'' after ``(2)''; (C) in clause (ii) (as redesignated by subparagraph (A)), by inserting after ``Department of Veterans Affairs'' the following: ``or based on other evidence acceptable to the Secretary''; and (D) by adding at the end the following: [[Page 3591]] 118 STAT. 3591 ``(B)(i) NOTE: Deadline. Records. 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) NOTE: Notification. 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) NOTE: Deadline. 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.''. TITLE IV--FINAL PRIORITIES; CONVEYANCE AND SURVEY PLANS SEC. 401. DEADLINE FOR ESTABLISHMENT OF REGIONAL NOTE: 43 USC 1611 note. PLANS. (a) In General.--Not later than 18 months after the date of enactment of this Act, the Secretary, in coordination and consultation with Native Corporations, other Federal land management agencies, and the State, shall update and revise the 12 preliminary Regional Conveyance and Survey Plans. (b) Inclusions.--The updated and revised plans under subsection (a) shall identify any conflicts to be resolved and recommend any actions that should be taken to facilitate the finalization of land conveyances in a region by 2009. SEC. 402. DEADLINE FOR ESTABLISHMENT OF VILLAGE NOTE: 43 USC 1611 note. PLANS. Not later than 30 months after the date of enactment of this Act, the Secretary, in coordination with affected Federal land management agencies, the State, and Village Corporations, shall complete a final closure plan with respect to the entitlements for each Village Corporation under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). SEC. 403. FINAL PRIORITIZATION OF ANCSA NOTE: 43 USC 1611 note. Deadlines. SELECTIONS. (a) In General.--Any Native Corporation that has not received its full entitlement or entered into a voluntary, negotiated settlement of final entitlement shall submit the final, irrevocable priorities of the Native Corporation-- (1) in the case of a Village, Group, or Urban Corporation entitlement, not later than 36 months after the date of enactment of this Act; and (2) in the case of a Regional Corporation entitlement, not later than 42 months after the date of enactment of this Act. (b) Acreage Limitations.--The priorities submitted under subsection (a) shall not exceed land that is the greater of-- (1) not more than 125 percent of the remaining entitlement; or (2) not more than 640 acres in excess of the remaining entitlement. [[Page 3592]] 118 STAT. 3592 (c) Corrections.-- (1) In general.--Except as provided in paragraph (2), the priorities submitted under subsection (a) may not be revoked, rescinded, or modified by the Native Corporation. (2) NOTE: Deadline. Technical corrections.--Not later than 90 days after the date of receipt of a notification by the Secretary that there appears to be a technical error in the priorities, the Native Corporation may correct the technical error in accordance with any recommendations of, and in a manner prescribed by or acceptable to, the Secretary. (d) Relinquishment.-- (1) In general.--As of the date on which the Native Corporation submits its final priorities under subsection (a)-- (A) any unprioritized, remaining selections of the Native Corporation-- (i) are relinquished, but any part of the selections may be reinstated for the purpose of correcting a technical error; and (ii) have no further segregative effect; and (B) all withdrawals under sections 11 and 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1610, 1615) under the relinquished selections are terminated. (2) Records.--All relinquishments under paragraph (1) shall be included in Bureau of Land Management land records. (e) Failure To Submit Priorities.--If a Native Corporation fails to submit priorities by the deadline specified in subsection (a)-- (1) with respect to a Native Corporation that has priorities on file with the Secretary, the Secretary-- (A) shall convey to the Native Corporation the remaining entitlement of the Native Corporation, as determined based on the most recent priorities of the Native Corporation on file with the Secretary and in accordance with the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and (B) may reject any selections not needed to fulfill the entitlement; or (2) with respect to a Native Corporation that does not have priorities on file with the Secretary, the Secretary shall satisfy the entitlement by conveying land selected by the Secretary, in consultation with the appropriate Native Corporation, the Federal land managing agency with administrative jurisdiction over the land to be conveyed, and the State, that, to the maximum extent practicable, is-- (A) compact; (B) contiguous to land previously conveyed to the Native Corporation; and (C) consistent with the applicable preliminary Regional Conveyance and Survey Plan referred to in section 401. (f) Plan of Conveyance.-- (1) In general.--The Secretary shall-- (A) identify any Native Corporation that does not have sufficient priorities on file; (B) develop priorities for the Native Corporation in accordance with subsection (e); and [[Page 3593]] 118 STAT. 3593 (C) provide to the Native Corporation a plan of conveyance based on the priorities developed under subparagraph (B). (2) NOTE: Deadline. Finalized selections.--Not later than 180 days after the date on which the Secretary provides a plan of conveyance to the affected Village, Group, or Urban Corporation and the Regional Corporation, the Regional Corporation shall finalize any Regional selections that are in conflict with land selected by the Village, Group, or Urban Corporation that has not been prioritized by the deadline under subsection (a)(1). (g) Dissolved or Lapsed Corporations.-- (1)(A) NOTE: Deadline. If a Native Corporation is lapsed or dissolved at the time final priorities are required to be filed under this section and does not have priorities on file with the Secretary, the Secretary shall establish a deadline for the filing of priorities that shall be one year from the provisions of notice of the deadline. (B) NOTE: Notification. To fulfill the notice requirement under paragraph (1), the Secretary shall-- (i) NOTE: Publication. publish notice of the deadline to a lapsed or dissolved Native Corporation in a newspaper of general circulation nearest the locality where the affected land is located; and (ii) seek to notify in writing the last known shareholders of the lapsed or dissolved corporation. (C) NOTE: Notification. If a Native Corporation does not file priorities with the Secretary before the deadline set pursuant to subparagraph (A), the Secretary shall notify Congress. (2) If a Native Corporation with final priorities on file with the Bureau of Land Management is lapsed or dissolved, the United States-- (A) shall continue to administer the prioritized selected land under applicable law; but (B) may reject any selections not needed to fulfill the lapsed or dissolved Native Corporation's entitlement. SEC. 404. FINAL PRIORITIZATION OF STATE NOTE: 43 USC 1635 note. SELECTIONS. (a) Filing of Final Priorities.-- (1) NOTE: Deadline. In general.--The State shall, not later than the date that is 4 years after the date of enactment of this Act, in accordance with section 906(f)(1) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1635(f)(1)), file final priorities with the Secretary for all land grant entitlements to the State which remain unsatisfied on the date of the filing. (2) Ranking.--All selection applications on file with the Secretary on the date specified in paragraph (1) shall-- (A) be ranked on a Statewide basis in order of priority; and (B) include an estimate of the acreage included in each selection. (3) Inclusions.--The State shall include in the prioritized list land which has been top-filed under section 906(e) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1635(e)). (4) Acreage limitation.-- (A) In general.--Acreage for top-filings shall not be counted against the 125 percent limitation established [[Page 3594]] 118 STAT. 3594 under section 906(f)(1) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1635(f)(1)). (B) Relinquishment.-- (i) In general.--The State shall relinquish any selections that exceed the 125 percent limitation. (ii) Failure to relinquish.--If the State fails to relinquish a selection under clause (i), the Secretary shall reject the selection. (5) Lower-priority selections.--Notwithstanding the prioritization of selection applications under paragraph (1), if the Secretary reserves sufficient entitlements for the top-filed selections, the Secretary may continue to convey lower-priority selections. (b) Deadline for Prioritization.-- (1) In general.--The State shall irrevocably prioritize sufficient selections to allow the Secretary to complete transfer of 101,000,000 acres by September 30, 2009. (2) Reprioritization.--Any selections remaining after September 30, 2009, may be reprioritized. (c) Financial Assistance.--The Secretary may, using amounts made available to carry out this Act, provide financial assistance to other Federal agencies, the State, and Native Corporations and entities to assist in completing the transfer of land by September 30, 2009. TITLE V--ALASKA LAND CLAIMS HEARINGS AND APPEALS SEC. 501. ALASKA LAND CLAIMS HEARINGS AND APPEALS. (a) Establishment.--The Secretary may establish a field office of the Office of Hearings and Appeals in the State to decide matters within the jurisdiction of the Department of the Interior involving hearings and appeals, and other review functions of the Secretary regarding land transfer decisions and Indian probates in the State. (b) Appointments.--For purposes of carrying out subsection (a), the Secretary shall appoint administrative law judges selected in accordance with section 3105 of title 5, United States Code, and members of the Interior Board of Land Appeals. TITLE VI--REPORT AND AUTHORIZATION OF APPROPRIATIONS SEC. 601. REPORT. (a) In General.--Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the status of the implementation of this Act. (b) Contents.--The report shall-- (1) describe the status of conveyances to Alaska Natives, Native Corporations, and the State; and (2) include recommendations for completing the conveyances required by this Act. [[Page 3595]] 118 STAT. 3595 SEC. 602. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out the purposes of this Act. Approved December 10, 2004. LEGISLATIVE HISTORY--S. 1466: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 150 (2004): Oct. 10, considered and passed Senate. Nov. 17, considered and passed House.