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






108th CONGRESS
  1st Session
                                S. 1466

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 25 (legislative day, July 21), 2003

 Ms. Murkowski introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  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 of 2003''.
    (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 powersite reserves, powersite classifications, 
                            power projects, and hot spring 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. Conveyance of last whole section of land.
Sec. 204. Discretionary authority to convey subsurface estate in pre-
                            ANCSA refuges.
Sec. 205. Conveyance of cemetery sites and historical places.
Sec. 206. Approved allotments.
Sec. 207. Allocations based on population.
Sec. 208. Authority to withdraw land.
Sec. 209. Bureau of Land Management land.
Sec. 210. Automatic segregation of land for underselected Village 
                            Corporations.
Sec. 211. Procedures relating to dissolved or lapsed Native 
                            Corporations.
Sec. 212. Settlement of remaining entitlement.
Sec. 213. Conveyance to Kaktovik Inupiat Corporation and Arctic Slope 
                            Regional Corporation.
                      TITLE III--NATIVE ALLOTMENTS

Sec. 301. Title affirmation of Native allotment location and 
                            description.
Sec. 302. Title recovery of Native allotments
Sec. 303. Native allotment relocation on land selected by or conveyed 
                            to a native corporation.
Sec. 304. Compensatory acreage.
Sec. 305. Native allotment deadlines.
Sec. 306. Elimination of shore space measurement.
Sec. 307. 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. Deadlines 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 TO CONGRESS

Sec. 601. Report.
               TITLE VII--AUTHORIZATION OF APPROPRIATIONS

Sec. 701. Authorization of appropriations.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) 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) Waiver of Minimum Tract Selection Size.--With respect to a 
selection made by the State of Alaska under subsection (a), the 
Secretary of the Interior may waive the minimum tract selection size if 
the Secretary determines that--
            ``(1) an existing selection does not meet the original 
        minimum statutory acreage; and
            ``(2) the only alternative to waiver is to reject the 
        application.
    ``(o) Requirements Applicable to Units of the National Forest 
System.--A selection of land in a unit of the National Forest System 
under subsection (a) shall not be valid unless the Secretary of 
Agriculture has approved the selection before the date of enactment of 
this subsection.
    ``(p) No Relinquishment.--If there is a selection under subsection 
(a) with respect to a tract of land that is equal to or greater than 
160 acres, the State of Alaska may not relinquish such portion of the 
tract as is necessary for the tract to be less than 160 acres.
    ``(q) Ratification of Patents and Tentative Approvals.--Any patent 
or tentative approval for a selection under subsection (a) of less than 
160 acres that is issued before the date of enactment of this 
subsection is ratified and confirmed.''.
    (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:
    ``(r) Conversion to Community Grant Selection.--
            ``(1) In general.--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) No partial conversion.--If the State of Alaska makes 
        an election under paragraph (1), the entire selection shall be 
        converted to a selection under subsection (a).
            ``(3) Limitation on acreage.--The Secretary shall not 
        convey a total of more than 400,000 acres of--
                    ``(A) land that is selected before the date of 
                enactment of this subsection under subsection (a); or
                    ``(B) land that is converted to a subsection (a) 
                selection under paragraph (1).
            ``(4) Effect on survey obligations.--Conversion of a 
        selection under paragraph (1) shall not affect the survey 
        obligation of the United States with respect to the land 
        converted.
    ``(s) Use of Selected Land for Community and Recreational 
Purposes.--All selection applications of the State of Alaska that are 
on file with the Secretary of the Interior under subsection (a) on the 
date of enactment of this subsection 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) Tentative approval.--
                    ``(A) Issuance.--As soon as practicable'';
            (2) by striking ``The sequence of'' and inserting the 
        following:
                    ``(B) Priority.--
                            ``(i) In general.--The sequence of''; and
            (3) by adding at the end the following:
                            ``(ii) Requirements.--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. 293a), or the Act of June 4, 1953 (67 Stat. 41, 
chapter 47), 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) is deemed to be selected; and
            (2) may, with the concurrence of the Secretary or the 
        Secretary of Agriculture, as appropriate, be selected 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 of any reversionary interest to 
the State 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 POWERSITE RESERVES, POWERSITE CLASSIFICATIONS, 
              POWER PROJECTS, AND HOT SPRING WITHDRAWALS.

    (a) In General.--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, or for land 
containing hot or medicinal springs withdrawn by Executive Order No. 
5389 of July 7, 1930, as amended by Public Land Order No. 399 of August 
20, 1947, notwithstanding the withdrawal, reservation, or 
classification, the 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).
    (b) Limitation.--Subsection (a) does not apply to any land that is 
reserved for an additional Federal purpose other than those listed in--
            (1) subsection (a); or
            (2) section 17(d)(1) of the Alaska Native Claims Settlement 
        Act (43 U.S.C. 1616(d)(1)).
    (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 deemed to be vacant, unappropriated, or 
unreserved unless the Secretary of Agriculture approved the State 
selection before January 3, 1994.
    (d) Requirements Applicable to Hydroelectric Projects.--Any 
conveyance of land described in subsection (a) that is included in a 
hydroelectric application or licensed project shall be subject to--
            (1) the rights of third parties; and
            (2) the right of reentry under section 24 of the Federal 
        Power Act (16 U.S.C. 818).
    (e) Disclaimer of Interest.--If the Federal Energy Regulatory 
Commission has determined that a reservation made under section 24 of 
the Federal Power Act (16 U.S.C. 818) is not necessary, the patentee 
may apply to the Secretary for a disclaimer of interest instead of 
petitioning Congress for private relief legislation.

SEC. 105. ENTITLEMENT FOR THE UNIVERSITY OF ALASKA.

    (a) In General.--As of January 1, 2003, the remaining entitlement 
of the University of Alaska under the Act of January 21, 1929 (45 Stat. 
1091, chapter 92), is equal to 456 acres.
    (b) Additional Entitlement.--The entitlement under subsection (a) 
shall be increased to reflect the reconveyance of any land by the 
University of Alaska to the United States to accommodate conveyance of 
a Native allotment.
    (c) Reversionary Interests.--The Act of January 21, 1929 (45 Stat. 
1091, chapter 92), is amended by adding at the end the following:

``SEC. 8. SELECTION BY STATE.

    ``(a) Reversionary Interests.--
            ``(1) In general.--The State of Alaska, on behalf of the 
        University of Alaska, may select any mineral interest 
        (including an interest in oil or gas) or reversionary interest 
        held by the United States in land located in the State of 
        Alaska that--
                    ``(A) is owned by the University of Alaska; or
                    ``(B) was previously conveyed to a nongovernmental 
                third party.
            ``(2) Written consent required.--If an interest in land 
        selected under paragraph (1) is otherwise available under this 
        Act, to be valid a selection under that paragraph shall be 
        approved in writing by the owner or owners of the remaining 
        interests.
            ``(3) Effect on entitlement.--The total acreage of any 
        parcel of land for which only the reserved or retained mineral 
        interest or reversionary interest is conveyed shall be charged 
        against the remaining entitlement of the University of Alaska.
            ``(4) Waiver.--In taking title to a reversionary interest, 
        the University of Alaska waives all right to any future credit 
        if the reversion does not occur.
    ``(b) Selection of Isolated Tracts.--The State, on behalf of the 
University of Alaska, may select any tract of land, regardless of size, 
that--
            ``(1) is vacant, unappropriated, and unreserved, other than 
        land withdrawn under section 17(d)(1) of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1616(d)(1)); and
            ``(2) is an isolated tract of public land.
    ``(c) Selection of Tracts of More Than 40 Acres.--The State, on 
behalf of the University of Alaska, may, with the concurrence of the 
Secretary, select any tract of land that--
            ``(1) is vacant, unappropriated, and unreserved, other than 
        land withdrawn under 17(d)(1) of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1616(d)(1)); and
            ``(2) is not less than 40 acres.

``SEC. 9. LIMITATION ON ACREAGE SELECTED.

    ``The total acreage selected under this Act shall be not more 
than--
            ``(1) 125 percent of the entitlement of the University of 
        Alaska remaining on the date of enactment of this section; plus
            ``(2) the number of acres that are in conflict with land of 
        the University of Alaska, as identified in Native allotment 
        applications on record with the Bureau of Land Management.

``SEC. 10. SELECTION OF LAND SUBJECT TO A PENDING APPLICATION.

    ``The University of Alaska may not select land under this Act that 
is subject to a pending selection by the State of Alaska or a Native 
Corporation or to which the State of Alaska or the Native Corporation 
is entitled to make a claim unless the University has received written 
consent for the selection from the State of Alaska or the Native 
Corporation.''.

SEC. 106. SETTLEMENT OF REMAINING ENTITLEMENT.

    (a) In General.--The Secretary may enter into binding, written 
agreements with the State with respect to--
            (1) the exact number and location of acres of land 
        remaining to be conveyed to the State under each entitlement 
        established or confirmed by--
                    (A) Public Law 85-508 (commonly known as the 
                ``Alaska Statehood Act'') (72 Stat. 340); and
                    (B) 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;
            (4) the survey of the exterior boundaries of the land to be 
        conveyed; and
            (5) any other matters that would assist in carrying out the 
        conveyances to the State.
    (b) Consultation.--Before entering into an agreement under 
subsection (a), the Secretary shall consult with the head of the agency 
administering the land to be conveyed.
    (c) Errors.--The State, by entering into an agreement under 
subsection (a), shall receive any gain or bear any loss resulting from 
errors in prior surveys, protraction diagrams, or the computation of 
the ownership of third parties on any land conveyed.

SEC. 107. EFFECT OF FEDERAL MINING CLAIMS.

    (a) In General.--Land encumbered by a Federal mining claim 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) and may be conveyed to the State under subsection (b) 
if, with respect to the land--
            (1) the State has filed--
                    (A) a selection application under Public Law 85-508 
                (commonly known as the ``Alaska Statehood Act'') (72 
                Stat. 339); or
                    (B) a future selection application under section 
                906(e) of the Alaska National Interest Lands 
                Conservation Act (43 U.S.C. 1635(e)); and
            (2) the owner of the Federal mining claim has filed with 
        the Secretary a voluntary relinquishment of the Federal mining 
        claim conditioned on conveyance of the land to the State by 
        tentative approval or patent.
    (b) Conveyance.--
            (1) In general.--The Secretary may, subject to the 
        conditions described in paragraph (2), convey to the State 
        without charge against entitlement land encumbered by a Federal 
        mining claim if--
                    (A)(i) a mining claimant files a conditional 
                relinquishment described in subsection (a); or
                    (ii) a mining claim recordation is--
                            (I) deemed abandoned and void; or
                            (II) otherwise closed by final decision of 
                        the Secretary; and
                    (B) the State owns land surrounding or effectively 
                surrounding the land encumbered by the Federal mining 
                claim.
            (2) Conditions.--A conveyance under paragraph (1)--
                    (A) shall not include more than 1,280 acres of 
                land;
                    (B) shall not require reclamation of the land; and
                    (C) shall be effective only if, at least 30 days 
                before the date on which the land is to be conveyed, 
                the Secretary submits to the State written notice of 
                the pending conveyance.
            (3) No relinquishment.--If the land encumbered by the 
        Federal mining claim is not conveyed to the State under 
        paragraph (1), the relinquishment of land under subsection 
        (a)(2) shall be of no effect.
            (4) Obligations under federal law.--Until the date on which 
        the land is conveyed under paragraph (1), the owner of the 
        Federal mining claim shall be subject to any obligations 
        relating to the land under Federal law.
    (c) Surveys.--
            (1) Land encumbered by federal mining claims.--Land 
        encumbered by Federal mining claims shall not be surveyed for 
        the purpose of conveying to the State the land surrounding the 
        encumbered land.
            (2) Exterior boundary.--A patent to the State for land 
        surrounding land encumbered by a Federal mining claim shall be 
        made based on an exterior boundary survey of the total 
        conveyance.
            (3) Exclusion for federal mining claims.--In a conveyance 
        of land encumbered by a Federal mining claim, the Federal 
        mining claim--
                    (A) shall not be included in the patent document; 
                and
                    (B) shall not be charged against the entitlement of 
                the State.

SEC. 108. LAND MISTAKENLY RELINQUISHED OR OMITTED.

    (a) In General.--Subject to valid existing rights and the 
concurrence of the Secretary with jurisdiction over the land, the State 
may, with respect to any land that is mistakenly relinquished or 
omitted from a selection under section 6 of Public Law 85-508 (commonly 
known as the ``Alaska Statehood Act'') or top-filing under section 
906(e) of the Alaska National Interest Lands Conservation Act (16 
U.S.C. 1635(e)), select or top-file the relinquished or omitted land.
    (b) State.--The Secretary with jurisdiction over the land may 
convey to the State the relinquished or omitted land if--
            (1) the State demonstrates, to the satisfaction of the 
        Secretary with jurisdiction over the land, that the land was 
        mistakenly relinquished or omitted from the selection or top-
        filing; and
            (2) there is sufficient acreage in the remaining 
        entitlement to make the conveyance.

             TITLE II--ALASKA NATIVE CLAIMS SETTLEMENT ACT

SEC. 201. LAND AVAILABLE AFTER SELECTION PERIOD.

    Section 12(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 
1611) is amended by adding at the end the following:
            ``(3) Land available after selection period.--
                    ``(A) Definition of core township.--In this 
                paragraph, the term ``core township'' means the 
                township or townships in which all or any part of a 
                Native Village is located.
                    ``(B) Core township land.--The Secretary may make 
                available for selection land in a core township that 
                was unavailable before December 18, 1974, if--
                            ``(i) there is sufficient remaining 
                        entitlement; and
                            ``(ii) the processing and conveyance of the 
                        selection can be completed by 2009.
                    ``(C) Land outside core township.--
                            ``(i) In general.--Subject to subclause 
                        (ii), the Secretary may make available for 
                        selection land that--
                                    ``(I) is in a township in which a 
                                Village Corporation that was 
                                unavailable for selection by a Village 
                                Corporation before December 18, 1974; 
                                and
                                    ``(II)(aa) was withdrawn for 
                                selection; or
                                    ``(bb) is completely surrounded by 
                                land withdrawn for selection.
                            ``(ii) Conditions.--The Secretary may make 
                        the land described in clause (i) available for 
                        selection if--
                                    ``(I) there is sufficient remaining 
                                entitlement;
                                    ``(II) the land is contiguous to 
                                land that is owned by or that will be 
                                conveyed to the Village Corporation; 
                                and
                                    ``(III) the processing and 
                                conveyance of the selection can be 
                                completed by 2009.
                            ``(iii) Limitation.--
                                    ``(I) In general.--If the land 
                                described in clause (i) is selected, or 
                                top filed under section 906(e) of the 
                                Alaska National Interest Lands 
                                Conservation Act (43 U.S.C. 1635(e)) by 
                                the State, not later than 90 days after 
                                the date on which the Secretary 
                                notifies the State that the land has 
                                become available for selection, the 
                                State may add the parcel to the current 
                                conveyance priority list of the State 
                                on file with the Bureau of Land 
                                Management.
                                    ``(II) Failure to add parcel to 
                                priority list.--Except as provided in 
                                subclause (III), if the State does not 
                                add the parcel to the current 
                                conveyance priority list in accordance 
                                with subclause (I)--
                                            ``(aa) the land shall be 
                                        deemed selected by the 
                                        appropriate Village 
                                        Corporation; and
                                            ``(bb) the application of 
                                        the State shall be rejected.
                                    ``(III) Election.--Subclause (II) 
                                shall not apply if, not later than 90 
                                days after notification by the 
                                Secretary that the land has become 
                                available for selection--
                                            ``(aa) the Village 
                                        Corporation elects not to take 
                                        the land that has become 
                                        available by filing a written 
                                        election that--

                                                    ``(AA) declines the 
                                                selection; and

                                                    ``(BB) relinquishes 
                                                any pending selection 
                                                of the land; and

                                            ``(bb) the State has not 
                                        exercised the option of the 
                                        State to take title to the 
                                        land.
                    ``(D) Conditions.--
                            ``(i) In general.--A conveyance of land 
                        under subparagraph (B) or (C) shall be made--
                                    ``(I) subject to--
                                            ``(aa) valid existing 
                                        rights; and
                                            ``(bb) existing third party 
                                        interests;
                                    ``(II) in accordance with the 
                                requirements applicable to conveyances 
                                under this Act; and
                                    ``(III) subject to the reservation 
                                of an easement for public access in 
                                accordance with section 17(b) that 
                                aligns with the easements reserved on 
                                land adjoining the conveyed land.
                            ``(ii) Waiver of acreage limitation.--For 
                        purposes of conveying land under subparagraphs 
                        (B) and (C), the Secretary may waive the 69,120 
                        acreage limit under paragraph (1).
                            ``(iii) Congressional action.--
                        Subparagraphs (B) and (C) shall not apply in a 
                        case in which Congress has specifically 
                        provided for the disposition of a tract of land 
                        in a particular manner.''.

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) Combined Entitlements.--
            ``(1) In general.--The entitlements received by any Village 
        Corporation under subsection (a) and acreage reallocated under 
        subsection (b) may be combined, at the discretion of the 
        Secretary, without--
                    ``(A) increasing or decreasing to either 
                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) Source of entitlement.--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) Adjudication and conveyance.--All selections under a 
        combined entitlement shall be adjudicated and conveyed in 
        compliance with this Act.
            ``(4) No additional patents or surveys.--Except in a case 
        in which is 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. CONVEYANCE OF LAST 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) Acreage Limitations.--
            ``(1) In general.--The Secretary''; and
            (2) by adding at the end the following:
            ``(2) Conveyance of last whole section.--
                    ``(A) In general.--If the calculations of the 
                Bureau of Land Management relating to acreage 
                entitlements indicate that an entitlement may be 
                fulfilled by conveying the next prioritized section to 
                a Village Corporation (other than a Village Corporation 
                under section 16), the Director of the Bureau of Land 
                Management 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 a specifically identified 
                and agreed upon tract of that land.
                    ``(B) Requirements.--An agreement entered into 
                under subparagraph (A) shall be--
                            ``(i) in writing;
                            ``(ii) executed by the Director of the 
                        Bureau of Land Management and the Village or 
                        Regional Corporation; and
                            ``(iii) authorized by a corporate 
                        resolution enacted by the affected Village or 
                        Regional Corporation.
                    ``(C) No adjustments to land entitlements.--After 
                execution of an agreement under subparagraph (A) and 
                conveyance of the agreed upon tract to the affected 
Village or Regional Corporation--
                            ``(i) the Director of the Bureau of Land 
                        Management 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) Limitation.--A Village or Regional 
                Corporation shall not be eligible to receive land under 
                subparagraph (A) if--
                            ``(i) the Village or Regional Corporation 
                        has received the full land entitlement of the 
                        Village or Regional Corporation through--
                                    ``(I) actual conveyance of the 
                                land; or
                                    ``(II) an agreement; or
                            ``(ii) the final survey boundaries of the 
                        Village or Regional Corporation's land 
                        entitlement have been established.
                    ``(E) Effect.--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. DISCRETIONARY AUTHORITY TO CONVEY SUBSURFACE ESTATE IN PRE-
              ANCSA REFUGES.

    Section 14(f) of the Alaska Native Claims Settlement Act (43 U.S.C. 
1613(f)) is amended--
            (1) by striking ``(f) When the Secretary'' and inserting 
        the following:
    ``(f) Patent to the Subsurface Estate.--
            ``(1) In general.--When the Secretary'';
            (2) by striking ``: Provided,'' and inserting a period;
            (3) by striking ``That the right'' and inserting the 
        following:
            ``(2) Consent of village corporation required.--The 
        right''; and
            (4) by adding at the end the following:
            ``(3) Offering of certain subsurface estates in refuge 
        land.--The subsurface estate beneath the surface estate 
        conveyed to a Village Corporation in a National Wildlife Refuge 
        in existence on December 18, 1971 (except the Kenai National 
        Wildlife Refuge and the Kodiak National Wildlife Refuge), may, 
        at the discretion of the Secretary, be offered to the 
        appropriate Regional Corporation as an alternative to the 
        selection of the subsurface estate under section 12(a)(1).''.

SEC. 205. 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) Cemetery sites and historical places.--
                    ``(A) In general.--The Secretary'';
            (2) by striking ``Only title'' and inserting the following:
                    ``(B) Land located in a wildlife refuge.--Only 
                title''; and
            (3) by adding at the end the following:
                    ``(C) Waiver of acreage allocations.--
                            ``(i) In general.--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) Applicability.--Clause (i) shall 
                        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 reinstatement.--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) No new applications or amendments.--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 to include additional land under that 
                        subparagraph.
                    ``(F) No waiver of regulations.--The Secretary 
                shall not waive any regulations relating to withdrawals 
                and conveyances under subparagraph (A).
                    ``(G) Requirements applicable to applications for 
                historic places.--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.
                    ``(H) Relinquishment.--A Regional Corporation may 
                elect to relinquish eligible cemetery sites or 
                historical places 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)) on the execution of an agreement between 
                the Federal land management agency and the affected 
Regional Corporation that describes--
                            ``(i) the statutory responsibilities of the 
                        Federal land management agency with respect to 
                        protecting the cemetery site or historical 
                        place that is relinquished; and
                            ``(ii) any other terms to which the Federal 
                        land management agency and Regional Corporation 
                        agree.
                    ``(I) No reservation of easement.--Section 17(b)(3) 
                shall not apply to cemetery sites or historical places 
                conveyed under subparagraph (A), but a conveyance under 
                that paragraph shall be subject to an easement for 
                roads and trails in existence at the time of 
                conveyance.''.

SEC. 206. APPROVED ALLOTMENTS.

    Section 14(h)(6) of the Alaska Native Claims Settlement Act (43 
U.S.C. 1613(h)(6)) is amended--
            (1) by striking ``(6) The Secretary'' and inserting the 
        following:
            ``(6) Approved allotments.--
                    ``(A) In general.--The Secretary'';
            (2) by striking ``this Act;'' and inserting ``this Act, a 
        total of 184,663 acres, as described in the report entitled 
        `Audit Summary ANCSA 14(h)(6) Acreage', dated July 1983, and in 
        48 Fed. Reg. 37086 (August 16, 1983).'';
            (3) by striking ``Any minerals'' and inserting the 
        following:
                    ``(B) Mineral reservations.--
                            ``(i) In general.--Any minerals''; and
            (4) by inserting after subparagraph (B)(i) (as redesignated 
        by paragraph (3)) the following:
                            ``(ii) Election.--With respect to reserved 
                        mineral estates that are located partly in an 
                        area that qualifies for in-lieu subsurface 
                        selection, the Regional Corporation may elect 
                        to take the reserved minerals in the entire 
                        allotment or to take the entire acreage as in-
                        lieu.
                            ``(iii) No subdivision.--United States 
                        surveys shall not be subdivided to accommodate 
                        conveyance of a reserved mineral estate under 
                        this subparagraph.''.

SEC. 207. ALLOCATIONS BASED ON POPULATION.

    Section 14(h)(8) of the Alaska Native Claims Settlement Act (43 
U.S.C. 1613(h)(8)) is amended--
            (1) by striking ``(8)(A) Any portion'' and inserting the 
        following:
            ``(8) Allocations based on population.--
                    ``(A) In general.--Any portion'';
            (2) by striking ``(B) Such allocation'' and inserting the 
        following:
                    ``(B) Allocation for southeastern alaska.--Such 
                allocation''; and
            (3) by adding at the end the following:
                    ``(C) Alternative methods of distribution.--
                            ``(i) In general.--In lieu of an allocation 
                        in accordance with the method of distribution 
                        under subparagraph (A), a Regional Corporation 
                        may elect to receive an allocation in 
                        accordance with clause (ii) or (iii).
                            ``(ii) Percentage share.--
                                    ``(I) In general.--A Regional 
                                Corporation eligible for an additional 
                                allocation under subparagraph (A) may 
                                irrevocably elect, not later than 1 
                                year after the date of enactment of 
                                this subparagraph, to take the Regional 
                                Corporation's percentage share of an 
                                additional 255,000 acres above any 
                                acreage allocated as of January 1, 
                                2003.
                                    ``(II) Waiver.--Any Regional 
                                Corporation electing to take a 
                                percentage share under subclause (I) 
                                shall waive any additional gain or loss 
                                that the Regional Corporation may have 
                                been eligible to receive under 
                                subparagraph (A).
                            ``(iii) Settlement agreement.--
                                    ``(I) In general.--A Regional 
                                Corporation eligible to participate in 
                                an additional allocation under 
                                subparagraph (A) may irrevocably elect, 
                                not later than 1 year after the date of 
                                enactment of this subparagraph, to 
                                enter into good faith negotiations with 
                                the Secretary for a settlement 
                                agreement relating to the Regional 
                                Corporation's entitlement under 
                                subparagraph (A).
                                    ``(II) Requirements.--An agreement 
                                entered into under subclause (I) 
                                shall--
                                            ``(aa) establish the number 
                                        of acres to be allocated to the 
                                        Regional Corporation, which 
                                        shall be considered to be the 
                                        remaining entitlement of the 
                                        Regional Corporation; and
                                            ``(bb) provide that the 
                                        United States and the Regional 
                                        Corporation agree to waive any 
                                        additional gain or loss that 
                                        would have been available under 
                                        subparagraph (A).
                                    ``(III) Deadline for agreement.--A 
                                Regional Corporation shall have not 
                                later than the date that is 2 years 
                                after the date of enactment of this 
                                subparagraph to reach a final agreement 
                                with the Secretary under this clause.
                                    ``(IV) No agreement.--If an 
                                agreement is not executed by the date 
                                specified in clause (III)--
                                            ``(aa) the authority of the 
                                        Secretary to enter into such an 
                                        agreement shall terminate; and
                                            ``(bb) any allocations of 
                                        entitlements under subparagraph 
                                        (A) of the Regional Corporation 
                                        shall be deferred until the 
                                        date on which all allocations 
                                        under this subsection are 
                                        completed.
                            ``(iv) Applicability.--This subparagraph 
                        shall not apply to--
                                    ``(I) Cook Inlet Region 
                                Incorporated and Koniag, Inc.; or
                                    ``(II) any Regional Corporation 
                                that has entered into a prior agreement 
                                relating to the entitlement of the 
                                Regional Corporation under subparagraph 
                                (A), the terms of which would be 
                                modified or negated by the agreement 
                                entered into under clause (iii).''.

SEC. 208. 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) Withdrawals.--
                    ``(A) In general.--Notwithstanding''; and
            (2) by adding at the end the following:
                    ``(B) Selections not on file.--If a Regional 
                Corporation does not have enough valid selections on 
                file to fulfill the remaining entitlement of the 
                Regional Corporation under subsection (a) or (b), the 
                Secretary may use the withdrawal authority under 
                subparagraph (A) to withdraw land for selection and 
                conveyance to the Regional Corporation to fulfill that 
                entitlement, except that the Secretary may not withdraw 
                land 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)).''.

SEC. 209. BUREAU OF LAND MANAGEMENT LAND.

    (a) Classification.--
            (1) In general.--Notwithstanding revocation of a withdrawal 
        under section 17(d)(1) of the Alaska Native Claims Settlement 
        Act (43 U.S.C. 1616(d)(1)), the Secretary may classify or 
        reclassify any land administered by the Bureau of Land 
        Management in the State to open or close the land to any form 
        of appropriation or use under the public land laws.
            (2) Judicial review.--A decision to classify or reclassify 
        land under paragraph (1) shall not be subject to judicial 
        review.
    (b) Withdrawn Land.--Land in the State administered by the Bureau 
of Land Management that is withdrawn under section 17(d)(1) of the 
Alaska Native Claims Settlement Act (43 U.S.C. 1616(d)(1)), but not 
otherwise withdrawn or reserved, may be opened, without environmental 
review, to all forms of appropriation under the public land laws, 
including location and entry under the Mining Law of 1872 (30 U.S.C. 22 
et seq.), by publication of a classification order in the Federal 
Register.
    (c) Land Included in an Approved Resource Management or Land Use 
Plan.--Land that is included in an approved resource management or land 
use plan and that is not segregated (including land in the Steese 
National Conservation Area) may be opened or closed to location and 
entry under the Mining Law of 1872 (30 U.S.C. 22 et seq.) and under the 
Mineral Leasing Act (30 U.S.C. 181 et seq.), consistent with the plan, 
by publication in the Federal Register of a classification order that 
describes--
            (1) the land to be opened;
            (2) the public land laws to which the opening applies; and
            (3) the effective date of the opening.

SEC. 210. 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) Agreement.--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. 211. PROCEDURES RELATING TO DISSOLVED OR LAPSED NATIVE 
              CORPORATIONS.

    Section 22 of the Alaska Native Claims Settlement Act (43 U.S.C. 
1621) is amended by adding at the end the following:
    ``(n) Dissolved or Lapsed Native Corporations.--
            ``(1) In general.--Not later than the date that is 2 years 
        after the date of enactment of this subsection, a Native 
        Corporation entitled to receive land under this Act that has 
        allowed the corporate status of the Native Corporation to lapse 
        or has otherwise dissolved or ceased to do business, may, in 
        accordance with State law, reestablish the Native Corporation.
            ``(2) Conveyance.--If the Native Corporation is not 
        reestablished by the date described in subsection (a) or allows 
        the corporate status of the Native Corporation to lapse after 
        that date, the remaining entitlement of the Native Corporation, 
        if any, shall be conveyed to the Regional Corporation, subject 
        to the condition that the land not be sold or otherwise 
        alienated to any other person or entity other than the Village 
        Corporation for a period of at least 12 years.
            ``(3) Effect.--After the Regional Corporation assumes 
        responsibility for administering the assets for a lapsed or 
        dissolved Native Corporation, the Regional Corporation may--
                    ``(A) file relinquishments of selections;
                    ``(B) return land to the United States to 
                accommodate an allotment;
                    ``(C) reprioritize land selections before the 
                deadline in section 404 of the Alaska Land Transfer 
                Acceleration Act of 2003;
                    ``(D) negotiate settlement of remaining entitlement 
                under section 212 of the Alaska Land Transfer 
                Acceleration Act of 2003; and
                    ``(E) take any appropriate actions to bring the 
                lapsed or dissolved Native Corporation into compliance 
                with State law.
            ``(4) Reestablishment under state law.--If the lapsed or 
        dissolved Native Corporation reestablishes itself under State 
        law, on petition from the reestablished Native Corporation, the 
        property conveyed to the Regional Corporation from the 
        reestablished Native Corporation's prior entitlement shall be 
        conveyed by the Regional Corporation to the reestablished 
        Native Corporation.
            ``(5) Priorities.--If a lapsed or dissolved Native 
        Corporation fails to establish, by the prioritization deadlines 
        established by the Alaska Land Transfer Acceleration Act of 
        2003, irrevocable final priorities in accordance with section 
        404 of that Act, the Regional Corporation shall establish the 
        priorities by the deadline established by section 404 of that 
        Act.''.

SEC. 212. SETTLEMENT OF REMAINING ENTITLEMENT.

    (a) In General.--The Secretary may enter into a binding, written 
agreement with any 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.);
            (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));
            (7) the resolution of conflicts with Native allotment 
        applications; and
            (8) any other matters that may facilitate the conveyance to 
        the Native Corporation.
    (b) Requirements.--An agreement under subsection (a)--
            (1) shall be authorized in a corporate resolution of the 
        Native Corporation subject to 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) Reservation of Easements.--In an agreement under subsection 
(a), the Secretary may--
            (1) reserve easements under subsection (b) of section 17 of 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1616(b));
            (2) realign easements reserved under that subsection before 
        the date of enactment of this Act; and
            (3) correct conveyance documents to reflect the reservation 
        of easements under that subsection.
    (d) Consultation.--Before entering into an agreement under 
subsection (a), the Secretary shall consult with the head of the agency 
administering the land to be conveyed and the State.
    (e) Errors.--Any Native Corporation entering into an agreement 
under subsection (a) shall receive any gain or bear any loss arising 
out of 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 by the Secretary and a Village Corporation or 
        other Native Corporation 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)).

SEC. 213. CONVEYANCE TO KAKTOVIK INUPIAT CORPORATION AND ARCTIC SLOPE 
              REGIONAL CORPORATION.

    Notwithstanding section 1302(h)(2) of the Alaska National Interest 
Lands Conservation Act (16 U.S.C. 3192(h)(2)), the Secretary shall 
convey--
            (1) to the Kaktovik Inupiat Corporation the surface estate 
        of the land described in paragraph (1) of Public Land Order 
        6959--
                    (A) to the extent necessary to fulfill the 
                Corporation's entitlement under section 12 of the 
                Alaska Native Claims Settlement Act (43 U.S.C. 1611); 
                and
                    (B) in accordance with the terms and conditions of 
                the Agreement between the Department of the Interior, 
                the United States Fish and Wildlife Service, the Bureau 
                of Land Management, and the Kaktovik Inupiat 
                Corporation effective January 22, 1993; and
            (2) to the Arctic Slope Regional Corporation the remaining 
        subsurface estate to which the Regional Corporation is entitled 
        under the August 9, 1983, agreement between the Arctic Slope 
        Regional Corporation and the United States.

                      TITLE III--NATIVE ALLOTMENTS

SEC. 301. TITLE AFFIRMATION OF NATIVE ALLOTMENT LOCATION AND 
              DESCRIPTION.

    Section 18 of the Alaska Native Claims Settlement Act (43 U.S.C. 
1617) is amended by adding at the end the following:
    ``(d) Title Affirmation.--
            ``(1) In general.--The Secretary may correct a conveyance 
        to a Native Corporation or to the State that includes land 
        described in a valid allotment application to exclude the 
        described allotment land with the written concurrence of the 
        Native Corporation or the State.
            ``(2) Concurrence.--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) Corrected document.--On receipt of an acceptable 
        written concurrence, the Alaska State Office of the Bureau of 
        Land Management 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 other documentation required.--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 (1), are necessary to use 
        the procedures authorized by this subsection.
            ``(5) Effect on liability.--Nothing in this section 
        relieves the State, the United States, or any other entity of 
        any existing liability under Federal or State law arising out 
        of the presence or release of hazardous or toxic substances or 
        solid wastes nor shall the United States be subject to such 
        liability under applicable laws solely as a result of taking 
        any actions under this subsection.''.

SEC. 302. TITLE RECOVERY OF NATIVE ALLOTMENTS

    (a) In General.--If the State or any Native Corporation does not 
elect to take advantage of the title affirmation process available 
under subsection (d) of section 18 of the Alaska Native Claims 
Settlement Act (as added by section 301), the State or any Native 
Corporation may quitclaim, by a date certain established by the 
Secretary, all or any part of its interest in the land encompassed by 
an allotment claim by tendering a valid and appropriate deed to the 
United States.
    (b) Acceptance of Deed by United States.--The United States may 
accept the deed if the United States determines that the issuance of an 
allotment is appropriate based on evidence of record with the Bureau of 
Land Management or attestation of the State or Native Corporation as to 
the use of the land by the allotment applicant.
    (c) Offering of Alternate Land.--The State, under the authority 
granted in section 18(c) of the Alaska Native Claims Settlement Act (43 
U.S.C. 1617(c)), or a Native Corporation under the authority granted in 
section 303, may elect to offer land other than those encompassed by 
the allotment claim in substitution for the originally described land.
    (d) Acceptance of Deed by Applicant.--Before the acceptance of the 
title by the United States, the Secretary shall provide the applicant 
or the personal representative of a deceased applicant 90 days to 
accept the offered deed.
    (e) Acceptance by United States.--On receipt of the applicant's 
acceptance, the Secretary may accept the quitclaim deed and issue the 
allotment.
    (f) Binding Effect.--The allottee shall be bound by the terms and 
conditions of the conveyance to the United States and the conveyance to 
the allottee by the United States.
    (g) Survey.--If acceptance by the applicant is not received by the 
Bureau of Land Management, Alaska State Office, within the 90-day time 
period provided under subsection (d), the United States shall, with the 
permission of the landowner, survey the boundaries of the allotment 
claim on file with the Secretary to fix in an irrevocable manner the 
location of the claim.
    (h) No Documentation Required.--When the Secretary reacquires title 
to land from a Native Corporation or the State for the purpose of 
conveying an allotment, there shall be no requirement to prepare a 
certificate of inspection and possession or to perform a hazardous 
materials inspection prior to the acceptance of the reconveyance to the 
United States or conveyance to the Native allotment applicant.
    (i) No Liability.--The United States shall not be liable for any 
contamination on the land solely by virtue of reacquiring title or 
conveying the allotment.

SEC. 303. NATIVE ALLOTMENT RELOCATION 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) Amendment of Land Description.--
            ``(1) In general.--An allotment applicant who had a valid 
        application pending before the Department of the Interior on 
        December 18, 1971, and whose application is still open on the 
        records of the Secretary as of the date of enactment of this 
        subsection may amend 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 amended 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; and
                    ``(C) the Native Corporation, or its successor in 
                interest, that selected the land or received an interim 
                conveyance or patent for the land, provides a corporate 
                resolution authorizing reconveyance or relinquishment 
                to the United States of the land, or interest in land, 
                described in the amended application.
            ``(2) Right of first refusal.--
                    ``(A) In general.--The allotment applicant and the 
                Native Corporation may agree that the Native Allotment 
                Certificate, when issued, shall contain a right of 
                first refusal allowing the Native Corporation to match 
                any offer to buy the allotted land at or over appraised 
                value, with approval of an authorized official of the 
                Bureau of Indian Affairs, within 30 days of notice of 
                intent to accept an offer.
                    ``(B) Filing.--Any agreement to make the allotment 
                subject to such a right of first refusal shall be in 
                writing and shall be filed with the Alaska State Office 
                of the Bureau of Land Management. The right of first 
                refusal shall not apply to transfers of the land to 
                family members or to transfers by gift deed.
            ``(3) Concurrence required.--If an application pending 
        before the Department of the Interior as described in paragraph 
        (1) describes land selected by, but not conveyed by interim 
        conveyance or patent to a Native Corporation, the concurrence 
        of an authorized official of the Bureau of Land Management and 
        regional head of the managing Federal agency if different than 
        the Bureau of Land Management shall be required in order for an 
        application to proceed under this section.
            ``(4) Native allotment certificate.--
                    ``(A) In general.--On 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) Inclusions.--The Native Allotment Certificate 
                shall include a right of first refusal if a written 
                copy of an agreement to include such provision is filed 
                with the Alaska State Office of the Bureau of Land 
                Management prior to issuance of the Native Allotment 
                Certificate.
                    ``(C) Reservations.--Any allotment relocated under 
                this section shall, when allotted, be made subject to 
                any easement, trail, or right-of-way in existence on 
                the relocated allotment land on the date of 
                relocation.''.

SEC. 304. COMPENSATORY ACREAGE.

    (a) In General.--The Secretary shall adjust the acreage entitlement 
computation records for the State of Alaska 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), 
section 302, 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 timely completion of 
land transfer in Alaska.
    (b) Limitation.--No adjustment to the acreage conveyance 
computations shall be made where the State of Alaska 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 section 302, a Village 
Corporation has insufficient remaining selections from which to receive 
its full entitlement under the Alaska Native Claims Settlement Act, the 
Secretary has sole and unreviewable discretion to use the authority and 
procedures available under section 22(j)(2) of the Alaska Native Claims 
Settlement Act (43 U.S.C. 1621(j)(2)) and section 207 to make 
additional land available for selection by the Village Corporation.

SEC. 305. NATIVE ALLOTMENT DEADLINES.

    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) Request for Reinstatement.--
            ``(1) In general.--An applicant for a Native allotment 
        filed under the Act of May 17, 1906 (34 Stat. 197, chapter 
        2469) or filed under section 41 of this Act shall be entitled 
        to have the Secretary accept a reinstatement of 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, 
        only if the applicant filed a request for reinstatement or 
        acceptance of a reconstructed application with the Alaska State 
        Office, Bureau of Land Management, before the date of enactment 
        of this subsection.
            ``(2) Requirements.--No request to accept a Native 
        allotment application as timely filed, submitted before the 
        date of enactment of this subsection, shall be granted unless 
        the request or application contains--
                    ``(A) the name of the person to whom the 
                application was originally given;
                    ``(B) the Department of the Interior Bureau for 
                whom that person worked;
                    ``(C) the month and year in which the application 
                was originally submitted;
                    ``(D) the place at which the application was 
                originally submitted (address or specific location, 
                more than the community's name);
                    ``(E) a complete application, including--
                            ``(i) the date of commencement of 
                        qualifying use and occupancy;
                            ``(ii) a description of the land for which 
                        the application is being made;
                            ``(iii) a map sufficient to locate the 
                        property on the ground; and
                            ``(iv) at least 2 written statements from 
                        knowledgeable individuals attesting to the 
applicant's qualifying use and occupancy of the land described in the 
application;
                    ``(F) a written explanation setting forth all 
                information known concerning the original filing of the 
                application and the reasons that the application was 
                not forwarded when originally submitted, if known, 
                which explanation shall not include any additional 
                information or explanatory material that was filed 
                after the date of enactment of this Act; and
                    ``(G) sworn statements from at least 2 
                knowledgeable individuals, with their current 
                addresses, who will not benefit from the granting of 
                the Native allotment application, attesting to the fact 
                that an application for Native allotment was originally 
                filed as set forth in the request, not including any 
                additional witness statements or supplementation of the 
                previously submitted statements.
            ``(3) Prohibition on reopening of application.--No 
        application for a Native allotment that was closed, whether 
        through relinquishment, denial or otherwise, under the laws 
        (including regulations) that existed as of the date of closure, 
        shall be reopened after the date of enactment of this 
        subsection.
            ``(4) Voluntary reconveyance.--The United States--
                    ``(A) may seek voluntary reconveyance of any land 
                described in a application that is reopened, accepted, 
                or is reconstructed that is accepted as timely filed 
                after the date of enactment of this Act; but
                    ``(B) shall not file an action in any court to 
                recover title from a current landowner.
            ``(5) Exception.--Except as otherwise provided in this 
        subsection, after the date of enactment of this subsection, no 
        requests to amend an allotment description may be granted 
        unless the request is initiated by the Secretary in order to 
        conform the allotment description to its on-the-ground or 
        surveyed description.''.

SEC. 306. ELIMINATION OF SHORE SPACE MEASUREMENT.

    Section 18 of the Alaska Native Claims Settlement Act (43 U.S.C. 
1617) (as amended by section 305) is amended by adding at the end the 
following:
    ``(g) Applicability of Shore Space Measurement Requirement.--
Section 2094 of part 43, Code of Federal Regulations, (relating to 
Shore Space) shall not apply to Native allotment applications which are 
required to be adjudicated under the Act of May 17, 1906 (34 Stat. 197, 
chapter 2469), if the land has been surveyed before the date of 
enactment of this Act or has been the subject of a field examination, 
before the date of enactment of this subsection, which did not 
recommend adjustment of the land that is the subject of the application 
due to excessive shore space.''.

SEC. 307. 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, 
        include land valuable for deposits of sand or gravel except for 
        claims describing land within the National Park System)''; and
            (2) in paragraph (2)--
                    (A) by redesignating subparagraphs (A), (B), and 
                (C) as clauses (i), (ii), and (iii), respectively;
                    (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 of the Interior''; 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 Director of the Bureau of Land Management 
(referred to in this title as the ``Director''), in coordination and 
consultation with Native Corporations, 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. DEADLINES FOR ESTABLISHMENT OF VILLAGE PLANS.

    Not later than 30 months after the date of enactment of this Act, 
the Director, 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 Village or Regional Corporation that has not 
entered in a voluntary, negotiated settlement of final entitlement 
under section 212 by the date of enactment of this Act, shall submit 
the final, irrevocable priorities of the Village or Regional 
Corporation--
            (1) not later than 36 months after the date of enactment of 
        this Act for Village Corporations; and
            (2) not later than 42 months after the date of enactment of 
        this Act for Regional Corporations.
    (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 Village or Regional Corporation.
            (2) Technical corrections.--Not later than 90 days after 
        the date of receipt of a notification by the Director that 
        there is a technical error in the priorities, the Village or 
        Regional Corporation may correct the technical error in 
        accordance with any recommendations of, and in the manner 
        prescribed by, the Director.
    (d) Relinquishment.--
            (1) In general.--As of the date on which the Village or 
        Regional Corporation submits the final priorities of the 
        Village or Regional Corporation under subsection (a), any 
        unprioritized, remaining selections of the Village or Regional 
        Corporation--
                    (A) are relinquished; and
                    (B) shall have no further segregative effect.
            (2) Records.--All relinquishments under paragraph (1) shall 
        be included in Bureau of Land Management land records.
    (e) Failure to Submit Priorities.--If a Village or Regional 
Corporation fails to submit priorities by the deadline specified in 
subsection (a)--
            (1) with respect to a Village or Regional Corporation that 
        has priorities on file with the Director, the Director--
                    (A) shall convey to the Village or Regional 
                Corporation the remaining entitlement of the Village or 
                Regional Corporation, as determined based on the most 
                recent priorities of the Village or Regional 
                Corporation on file with the Director; and
                    (B) may reject any selections not needed to fulfill 
                the entitlement; or
            (2) with respect to a Village or Regional Corporation that 
        does not have priorities on file with the Bureau of Land 
        Management, the Director shall satisfy the entitlement by 
        conveying land selected by the Director, in consultation with 
        the Village or Regional Corporation, the Federal land managing 
        agency, and the State, that, to the maximum extent practicable, 
        is--
                    (A) compact;
                    (B) contiguous to land previously conveyed to the 
                Village or Regional Corporation; and
                    (C) consistent with the applicable preliminary 
                Regional Conveyance and Survey Plan referred to in 
                section 401.

SEC. 404. FINAL PRIORITIZATION OF STATE SELECTIONS.

    (a) Filing of Selection Priorities.--
            (1) In general.--Not later than 180 days after the date on 
        which the Director notifies the State that the portion of the 
        Regional Conveyance and Survey Plan relating to the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is 
        complete, the State shall file selection priorities for the 
        Regional Conveyance and Survey Plan area.
            (2) Identification of priorities.--In the selection 
        priorities filed under paragraph (1), the State shall identify 
        all prioritized selections as being in 1 of the following 3 
        categories:
                    (A) Irrevocable priorities available for immediate 
                conveyance.
                    (B) Topfiled priorities not currently available for 
                conveyance.
                    (C) Revocable priorities not available for 
                immediate conveyance.
    (b) Conveyance.--The Director shall convey any irrevocable 
priorities identified under subsection (a)(2)(A) as soon as practicable 
after the date of enactment of this Act but not later than September 
30, 2009.
    (c) Corrections.--
            (1) In general.--Except as provided in paragraph (2), 
        irrevocable priorities identified under subsection (a)(2)(A) 
        may not be rescinded or modified by the State.
            (2) Technical corrections.--Not later than 30 days after 
        the date of receipt of a notification by the Director that 
        there is a technical error in the irrevocable priorities, the 
        State may correct the technical error in accordance with any 
        recommendations of, and in the manner prescribed by, the 
        Director.
    (d) Maximum Acreage.--The cumulative quantity of revocable 
selections (other than topfilings) shall not exceed 3,525,000 acres.
    (e) Relinquishment.--
            (1) In general.--The State shall relinquish any State 
        selections in a Regional Conveyance and Survey Plan area not 
        identified as an irrevocable, topfiled, or revocable priority.
            (2) Failure to relinquish.--If the State fails to 
        relinquish a selection under paragraph (1), the Director shall 
        reject the selection.
    (f) Filing of Final Priorities.--
            (1) In general.--In addition to the prioritization required 
        under subsection (a), 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 Bureau of Land Management 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 
        Bureau of Land Management on the date specified in paragraph 
        (1) shall--
                    (A) be ranked; 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 topfiled 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 topfilings shall not 
                be counted against the 125 percent limitation.
                    (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 Director shall reject the selection.
    (g) Deadline for Prioritization.--
            (1) In general.--The State shall irrevocably prioritize 
        sufficient selections to allow the Director to complete 
        transfer of 101,000,000 acres by September 30, 2009.
            (2) Financial assistance.--The Director 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.
            (3) Reprioritization.--Any selections remaining after 
        September 30, 2009, may be reprioritized.

            TITLE V--ALASKA LAND CLAIMS HEARINGS AND APPEALS

SEC. 501. ALASKA LAND CLAIMS HEARINGS AND APPEALS.

    (a) Establishment.--The Secretary shall establish a hearings and 
appeals process to decide appeals from land transfer decisions issued 
by the Secretary in the State.
    (b) Administrative Law Judges.--
            (1) Appointment.--For purposes of carrying out subsection 
        (a), the Secretary may appoint administrative law judges or 
        other officers to hear appeals under subsection (a) for a 
        specified term, as determined by the Secretary.
            (2) Powers.--Judges and other officers appointed under 
        paragraph (1) shall have the powers set forth in section 556(c) 
        of title 5, United States Code.
    (c) Regulations.--
            (1) In general.--Notwithstanding the fact that proposed 
        regulations have not been published, on establishment of the 
        hearings and appeals process under subsection (a) the Secretary 
        shall immediately publish in the Federal Register final 
        regulations establishing procedures and practices for the 
        hearings and appeals process.
            (2) Applicable law.--Section 910 of the Alaska National 
        Interest Lands Conservation Act (43 U.S.C. 1638) shall apply to 
        the regulations published under paragraph (1).

                      TITLE VI--REPORT TO CONGRESS

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.

               TITLE VII--AUTHORIZATION OF APPROPRIATIONS

SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums 
as are necessary to carry out the purposes of this Act.
    (b) Availability of Funds.--Amounts appropriated under subsection 
(a) shall be available until expended.
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