[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1466 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  2d Session
                                S. 1466

_______________________________________________________________________

                                 AN ACT


 
  To facilitate the transfer of land in the State of Alaska, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) 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.

SEC. 2. 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 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.''.

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 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
            (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--
                    (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) 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), 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 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
            (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 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)--
            (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.

             TITLE II--ALASKA NATIVE CLAIMS SETTLEMENT ACT

SEC. 201. LAND 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).
    ``(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) 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.
    ``(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) 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) 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 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) 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) 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--
            (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) 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 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 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
            ``(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 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 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) 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 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 
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:
                    ``(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.''.

        TITLE IV--FINAL PRIORITIES; CONVEYANCE AND SURVEY PLANS

SEC. 401. DEADLINE FOR ESTABLISHMENT OF REGIONAL 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 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 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.
    (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) 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
                    (C) provide to the Native Corporation a plan of 
                conveyance based on the priorities developed under 
                subparagraph (B).
            (2) 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) 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) To fulfill the notice requirement under paragraph (1), 
        the Secretary shall--
                    (i) 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) 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 SELECTIONS.

    (a) Filing of Final Priorities.--
            (1) 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 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.

SEC. 602. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out the purposes of this Act.

            Passed the Senate October 10, 2004.

            Attest:

                                                             Secretary.
108th CONGRESS

  2d Session

                                S. 1466

_______________________________________________________________________

                                 AN ACT

  To facilitate the transfer of land in the State of Alaska, and for 
                            other purposes.