[Congressional Record Volume 149, Number 113 (Monday, July 28, 2003)]
[Senate]
[Pages S10046-S10057]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS--JULY 25, 2003

      By Ms. MURKOWSKI:
  S. 1466. A bill to facilitate the transfer of land in the State of 
Alaska, and for other purposes; to the Committee on Energy and Natural 
Resources.
  Ms. MURKOWSKI. Mr. President, I am pleased to be joined by my 
colleague, Senator Ted Stevens, in introducing this very important 
legislation.
  The Alaska Land Transfer Acceleration Act of 2003 will transfer 
millions of acres of land to Alaska Natives, the State of Alaska and to 
Native Corporations by 2009. The Federal agencies in Alaska have 
management jurisdiction of over 63 percent of the State. It is time to 
transfer these public lands from Federal Government control to private 
ownership. This legislation creates a strategic plan for the Bureau of 
Land Management to finally resolve long-standing land survey, land 
entitlement issues and land claim issues, some of which date back to 
1906. Since 1906 Congress has enacted other legislation that requires 
the BLM to transfer public lands to Alaska Natives, the State of Alaska 
and to the Alaska Native Corporations.
  The land conveyance program is the largest and most complex of any in 
United States history. For many years, BLM's primary goal was to convey 
title to unsurveyed lands to the State

[[Page S10047]]

and Native Corporations by tentative approval and interim conveyance 
respectively. This management practice allowed the State and Native 
Corporations to manage their lands subject only to the survey of the 
final boundaries.
  This legislation will accelerate release of lands for conveyance to 
Native corporations and the State of Alaska. It will complete land 
patterns to allow land owners to more efficiently manager their land. 
It will clarify that certain minerals can be transferred to Native 
landowners. And frankly, split estates can be minimized. The University 
will be given the opportunity to select the remaining Federal interests 
in lands the University already owns, that will likely produce economic 
opportunities not presently available under this land lock.
  The complexity of land patterns and uses in Alaska is evident in the 
presence of Federal mining claims that are within lands owned or 
selected by the State of Alaska. Our legislation would clarify miners' 
right to convert from Federal to State claims without jeopardizing 
ongoing mining operations. At the same time, BLM would be allowed to 
expedite conveyances to the State. Properly maintained Federal claims 
will continue to be excluded from conveyance. Entitlements to the State 
will remain secure. The miner will decide when or whether to convert 
his claims to State claims.
  For too many years, individuals, Native corporations and the State 
have been patiently waiting to receive title to their land. In 1958 the 
State of Alaska was promised 104 million acres of land, and has to date 
received final title to only 42 million acres; less than half of what 
is due. Of the 44 million acres of land that the Native Corporations 
are entitled to, only about a third has been conveyed or about 15 
million acres. Worse yet, are the 2500 parcels pending title to Native 
individuals out of 16000 parcels. Almost 14000 parcels are still 
awaiting basic adjudication to even make a determination of land 
transfer. Too much land is hanging in the balance that must be surveyed 
and patented to rightful owners. Between now and the sunset of this 
bill in 2009, more than 89 million acres must be surveyed on State and 
Native Corporation lands. The lands that are awaiting survey do not 
include lands that will eventually be titled to Native individuals; 
these lands too must first be surveyed.
  While some Native allotments have been conveyed, issues have arisen 
to challenge final conveyance to the land. Such challenges have 
included whether actual use of the land occurred; the location of the 
parcel; or even who should receive title to the land. Sadly, some of 
the original Native allotment applicants have died waiting to receive 
title or have disputes resolved. Oftentimes, the death of an applicant 
can present the agency with chain of title questions to determine who 
the rightful heir is, causing further delays to getting the lands 
transferred.

  Some disputes have been easier to handle than others, resulting in 
settlement through an administrative appeals process. The Federal 
agencies have been hampered by many administrative and legal obstacles. 
There have been court decisions and lawsuit settlements, new 
legislation creating new rights or changing rules midstream. Old cases 
have been reopened that have created new land patterns for adjudication 
and survey. The administrative appeals process was designed to be 
efficient, and immediately accessible to individuals who believe they 
have been adversely impacted by actions taken by the BLM. In too many 
instances this process has resulted in long delays that hinder the BLM 
from finalizing its work. In the meantime, the applicant suffers at the 
hands of a process that generally takes years just for a case to be 
reviewed for resolution.
  This legislation will provide the BLM with broader authority to 
solving many of the problems associated with land claims affecting all 
disputes that occur in Alaska. When disputes arise over the 
adjudication of land claims, BLM needs to have full authority to work 
in a more collaborative environment with its clientele.
  This legislation will provide the BLM the opportunity to caucus with 
its clients. It will allow for a process of negotiation to gain 
consensus on final resolution of land applications. What has been 
missing all these years is the flexibility for the Federal agencies to 
work in such a cooperative fashion. This new process is intended to be 
free of complicated rules that have plagued the agency to finding 
solutions. Resolution and closure must come quicker.
  I give great credit to the management and the employees of the BLM 
Alaska for their efforts over the years to transfer the land. They have 
proven to be dedicated and committed public servants. I believe they 
have tried to do the right thing; they just need the tools and the 
resources. They want to close the books on the Alaska conveyance 
program once and for all, and this bill will help them achieve that 
goal by 2009.
  In 1973 the Alaska Native Claims Appeal Board was established. The 
Board had jurisdiction over decisions made under the Alaska Native 
Claim Settlement Act. The Board consisted of four judges, and was able 
to decide a case within three to six months of the close of briefing. 
It usually had a small backlog. While the Board was able to act in a 
fairly responsive manner, there was criticism the Board did not 
correctly apply general Federal land law precedent and that some of 
their rulings were inconsistent with policy of the Department of the 
Interior. The Board was dissolved in 1981. The backlog of cases was not 
necessarily attributed to Native Corporation cases; most of the backlog 
related to all other matters. This legislation will create a hearings 
and appeals process located in Alaska. Presently, there are almost 100 
appeals of Alaska decisions pending before the Interior Board of Land 
Appeals. It usually takes this Board several years to rule on a case, 
sometimes as long as three to five years. The present process is 
broken. There should never be a process that controls the fate of 
someone's livelihood. Matters requiring resolution must not sit and 
languish for years without resolution. This practice is unacceptable 
and unreasonable.
  Additionally, more than twenty cases are pending before 
Administrative Law judges at various Office of Hearings Appeals 
offices--Virginia, Minnesota and Utah. The cases currently in their 
hands are Native allotments and mining claims. Substantial delays have 
resulted from the slow pace of scheduling hearings in Alaska. 
Establishing an Alaska hearings unit to handle all Alaska appeals would 
significantly speed up the current process. Such a new process would be 
able to routinely issue decisions within three to six months of the 
close of briefing.
  Challenges likely to emerge on land actions requiring judicial review 
will be handled by judges located in Alaska. Moreover, having judges 
located in Alaska, conducting Alaska business, would ensure an 
understanding of the special laws that are applicable to Alaska. In 
addition, this process would include all land transfer matters, not 
just claims under the Alaska Native Claims Settlement Act.
  To achieve the acceleration of land conveyances, we must be able to 
count on a consistent level of funding. We do not want any aspect of 
the acceleration plan to be hampered. As I pointed out earlier, almost 
90 million acres must be surveyed between now and 2009. The BLM is the 
single agency of the Federal Government that is charged with the 
authority and responsibility for surveys and land title record keeping. 
Official survey plats are the government's record of the boundaries of 
an area and the description of such surveyed land is known as the legal 
land description. Land title or patents are based on such plats of 
survey. And, until the land is surveyed, the Alaska Natives, the State 
of Alaska and the Native Corporations will still be waiting way off 
into the future for this work to be finalized.
  The Alaska Land Transfer Acceleration Act of 2003 imposes very strict 
provisions on the agency to complete land conveyances by 2009 to Alaska 
Natives, the State of Alaska and to the Native Corporations. Some might 
view this plan as ambitious. I view it as being long overdue.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1466

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

[[Page S10048]]

     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,

[[Page S10049]]

     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.

[[Page S10050]]

             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).

[[Page S10051]]

       ``(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

[[Page S10052]]

     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 th 
     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 quit 
     claim 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

[[Page S10053]]

     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--

[[Page S10054]]

       ``(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.

[[Page S10055]]

       (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.
                                 ______
                                 
      By Mr. CAMPBELL:
  S. 1467. A bill to establish the Rio Grande Outstanding Natural Area 
in the State of Colorado, and for other purposes; to the Committee on 
Energy and Natural Resources.
  Mr. CAMPBELL. Mr. President, I rise today to introduce a bill to 
designate a stretch of the Rio Grande River as an Outstanding Natural 
Area. This Outstanding Natural Area designation is the hallmark of 
successful partnerships between local landowners, farmers, governments 
and interested advocacy groups to develop a plan to preserve an 
important stretch of river and the southwest Willow Flycatcher, a 
federally recognized endangered species.
  The Rio Grande River and its tributaries rise in the San Juan 
Mountains and flow into the San Luis Valley. The Valley, like so much 
of Colorado is dependent on snowmelt for water. In fact, the 600,000 
acres of irrigated farm land within the Valley only get an average of 
seven inches of precipitation each year. It goes without saying that 
the Rio Grande River is the lifeblood of the Valley for flora and fauna 
as well as thousands of farmers and landowners.
  The legislation that I am introducing today is the product of careful 
collaboration between interested stakeholder, including environmental 
groups, landowners, farmers, and local governments. All of these 
parties recognized that in order to protect this important thirty-three 
miles of watershed something had to be done. After much deliberation, 
all agreed that designating the stretch of River from the southern edge 
of the Alamosa National Wildlife Refuge to the New Mexico State line as 
an Outstanding Natural Area would be the best way to maintain this 
critical reach.
  This bill establishes a Commission made up of Federal, State, and 
local stakeholders who are charged with developing a management plan to 
restore and protect the area. The Secretary of Interior must review and 
approve the plan. Upon approval, the Secretary of Interior would 
implement the management plan, coordinating with State and local 
governments, and cooperating with land owners. Private landowners are 
encouraged to participate in the Commission.
  As in much of the West, Rio Grande River's water is apportioned to 
downstream states through interstate compact. Therefore, make no 
mistake; this bill does not include an implied or reserved water right.
  The Outstanding Natural Area legislation that I am introducing today 
is supported by the local Boards of county Commissioners, the local 
water user organizations, the local Cattlemen's Association, the 
environmental community, and affected private landowners along the 
River.
  We often talk about bringing interested folks to the table to work 
out a cooperative solution to an issue. All too often, either people 
don't come to the table or the discussions fail to bear fruit. This 
bill is a positive example of what can be accomplished when interested 
stakeholders come together in good faith and work toward a common goal. 
I am proud to introduce this legislation and continue that effort.
  I ask unanimous consent that the text of my bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1467

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Rio Grande Outstanding 
     Natural Area Act''.

      SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds as follows:
       (1) Preservation and restoration of the land in the Area 
     are required to preserve the Area's unique scientific, scenic 
     beauty, educational, and environmental values, including 
     unique land forms, scenic beauty, cultural sites, and 
     habitats used by various species of raptors and other birds, 
     mammals, reptiles, and amphibians.
       (2) There are archaeological and historic sites in the Area 
     resulting from at least 10,000 years of use for subsistence 
     and commerce.
       (3) The archaeological sites represent regional ancestry, 
     including Paleo-Indian and nomadic bands of Ute and Apache.
       (4) The Area contains exceptional scenic values and 
     opportunities for wildlife viewing.
       (5) Approximately 2,771 acres of land within the Area are 
     owned by the United States and administered by the Secretary, 
     acting through the Director of the Bureau of Land Management, 
     and approximately 7,885 acres of land within the Area are 
     owned by private landowners.
       (6) The Area is located downstream from areas in Colorado 
     of significant and longstanding water development and use.
       (7) The availability of water for use in Colorado is 
     governed, in significant part, by the Compact, which 
     obligates the State of Colorado to deliver certain quantities 
     of water to the Colorado-New Mexico State line for the 
     benefit of the States of New Mexico and Texas in accordance 
     with the terms of the Compact.
       (8) Because of the allocations of water made by the Compact 
     to downstream States, the levels of use and development of 
     water in Colorado, and the unpredictable and seasonal nature 
     of the water supply, the Secretary shall manage the land 
     within the Area to accomplish the purposes of this Act 
     without asserting reserved water rights for instream flows or 
     appropriating or acquiring water rights for that purpose.
       (b) Purposes.--The purposes of this Act are to conserve, 
     restore, and protect for future generations the natural, 
     ecological, historic, scenic, recreational, wildlife, and 
     environmental resources of the Area.

      SEC. 3. DEFINITIONS.

       In this Act:
       (1) Area.--The term ``Area'' means the Rio Grande 
     Outstanding Natural Area established under section 4.
       (2) Area management plan.--The term ``Area Management 
     Plan'' means the plan developed by the Commission in 
     cooperation with Federal, State, and local agencies and 
     approved by the Secretary.
       (3) Commission.--The term ``Commission'' means the Rio 
     Grande Outstanding Natural Area Commission as established in 
     this Act.
       (4) Compact.--The term ``Compact'' means the Rio Grande 
     Compact, consented to by Congress in the Act of May 31, 1939 
     (53 Stat. 785, chapter 155).
       (5) Map.--The term ``Map'' means the map entitled ``____'', 
     dated ____, and numbered ____.
       (6) Public lands.--The term ``public lands'' has the 
     meaning given that term in section 103 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1702).
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (8) State.--The term ``State'' means the State of Colorado.

      SEC. 4. ESTABLISHMENT OF AREA.

       (a) In General.--There is established the Rio Grande 
     Outstanding Natural Area.
       (b) Boundaries.--The Area shall consist of approximately 
     10,656 acres extending for a distance of 33.3 miles along the 
     Rio Grande River in southern Colorado from the southern 
     boundary of the Alamosa National Wildlife Refuge to the 
     Colorado-New Mexico State line, encompassing the Rio Grande 
     River and its adjacent riparian areas extending not more than 
     1,320 feet on either side of the river.
       (c) Map and Legal Description.--
       (1) Legal description.--As soon as practicable after the 
     date of enactment of this Act, the Secretary shall file a 
     legal description of the Area in the office of the Director 
     of the Bureau of Land Management, Department of the Interior, 
     in Washington, District of Columbia, and the Office of the 
     Colorado State Director of the Bureau of Land Management.
       (2) Force and effect.--The Map and legal description of the 
     Area shall have the same force and effect as if they were 
     included in this Act, except that the Secretary may correct 
     clerical and typographical errors in such legal description 
     as they may appear from time to time.
       (3) Public availability.--The Map and legal description of 
     the Area shall be available for public inspection in the 
     office of the Colorado State Director of the Bureau of Land 
     Management, Department of the Interior in Denver, Colorado.

      SEC. 5. COMMISSION.

       (a) Establishment.--There is hereby established the Rio 
     Grande Outstanding Natural Area Commission.
       (b) Purpose.--The Commission shall assist appropriate 
     Federal, State, and local authorities in the development and 
     implementation of an integrated resource management plan for 
     the Area called the Area Management Plan.
       (c) Membership.--The Commission shall be composed of 9 
     members, designated or appointed not later than 6 months 
     after the date of the enactment of this Act as follows:
       (1) 2 officials of Department of the Interior designated by 
     the Secretary, 1 of whom shall represent the Federal agency 
     responsible for the management of the Area and 1 of whom 
     shall be the manager of the Alamosa National Wildlife Refuge.

[[Page S10056]]

       (2) 2 individuals appointed by the Secretary, 1 of whom 
     shall be based on the recommendation of the State Governor, 
     representing the Colorado Division of Wildlife, and 1 
     representing the Colorado Division of Water Resources 
     responsible for the Rio Grande drainage.
       (3) 1 representative of the Rio Grande Water Conservation 
     District appointed by the Secretary based on the 
     recommendation of the State Governor, representing the local 
     region in which the Area is established.
       (4) 4 individuals appointed by the Secretary based on 
     recommendations of the State Governor, representing the 
     general public who are citizens of the State and of the local 
     region in which the Area is established, who have knowledge 
     and experience in the appropriate fields of interest relating 
     to the preservation and restoration and use of the Area. 2 
     appointees from the local area shall represent 
     nongovernmental agricultural interests and 2 appointees from 
     the local area shall represent nonprofit nongovernmental 
     environmental interests.
       (d) Terms.--Members shall be appointed for terms of 5 years 
     and may be reappointed.
       (e) Compensation.--Members of the Commission shall receive 
     no pay on account of their service on the Commission.
       (f) Chairperson.--The chairperson of the Commission shall 
     be elected by the members of the Commission.
       (g) Meetings.--The Commission shall hold its first meeting 
     not later than 90 days after the date on which the last of 
     its initial members is appointed, and shall meet at least 
     quarterly at the call of the chairperson.

      SEC. 6. POWERS OF THE COMMISSION.

       (a) Hearings.--The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence, as the Commission considers 
     appropriate.
       (b) Powers of Members and Agents.--Any member or agent of 
     the Commission, if so authorized by the Commission, may take 
     any action which the Commission is authorized to take by this 
     Act.
       (c) Acquisition of Real Property.--Except as provided in 
     section 12, the Commission may not acquire any real property 
     or interest in real property.
       (d) Cooperative Agreements.--For purposes of carrying out 
     the Area Management Plan, the Commission may enter into 
     cooperative agreements with the State, with any political 
     subdivision of the State, or with any person. Any such 
     cooperative agreement shall, at a minimum, establish 
     procedures for providing notice to the Commission of any 
     action proposed by the State, a political subdivision, or a 
     person which may affect the implementation of the Area 
     Management Plan.

      SEC. 7. DUTIES OF THE COMMISSION.

       (a) Preparation of Plan.--Not later than 2 years after the 
     Commission conducts its first meeting, it shall submit to the 
     Secretary an Area Management Plan. The Area Management Plan 
     shall be--
       (1) based on existing Federal, State, and local plans, but 
     shall coordinate those plans and present a unified 
     preservation, restoration, and conservation plan for the 
     Area;
       (2) developed in accordance with the provisions of section 
     202 of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1712); and
       (3) consistent, to the extent possible, with the management 
     plans adopted by the Director of the Bureau of Land 
     Management for adjacent properties in Colorado and New 
     Mexico.
       (b) Contents.--The Area Management Plan shall include the 
     following:
       (1) An inventory which includes any property in the Area 
     which should be preserved, restored, managed, developed, 
     maintained, or acquired because of its natural, scientific, 
     scenic, or environmental significance.
       (2) Recommended policies for resource management which 
     consider and detail the application of appropriate land and 
     water management techniques, including the development of 
     intergovernmental cooperative agreements, that will protect 
     the Area's natural, scenic, and wildlife resources and 
     environment.
       (3) Recommended policies for resource management to provide 
     for protection of the Area for solitude, quiet use, and 
     pristine natural values.
       (c) Implementation of the Plan.--Upon approval of the Area 
     Management Plan by the Secretary, as provided in section 9, 
     the Commission shall assist the Secretary in implementing the 
     Area Management Plan by taking appropriate steps to preserve 
     and interpret the natural resources of the Area and its 
     surrounding area. These steps may include the following:
       (1) Assisting the State in preserving the Area.
       (2) Assisting the State and local governments, and 
     political subdivisions of the State in increasing public 
     awareness of and appreciation for the natural, historical, 
     and wildlife resources in the Area.
       (3) Encouraging local governments and political 
     subdivisions of the State to adopt land use policies 
     consistent with the management of the Area and the goals of 
     the Area Management Plan, and to take actions to implement 
     those policies.
       (4) Encouraging and assisting private landowners within the 
     Area in understanding and accepting the provisions of the 
     Area Management Plan and cooperating in its implementation.

      SEC. 8. TERMINATION OF THE COMMISSION.

       (a) Termination.--Except as provided in subsection (b), the 
     Commission shall terminate 10 years and 6 months after the 
     date of the enactment of this Act.
       (b) Extensions.--The Commission may be extended for a 
     period of not more than 5 years beginning on the day of 
     termination specified in subsection (a) if, not later than 
     180 days before that day, the Commission--
       (1) determines that such an extension is necessary in order 
     to carry out the purpose of this Act; and
       (2) submits such proposed extension to the Committee on 
     Resources of the House of Representatives and the Committee 
     on Energy and Natural Resources of the Senate.

     SEC. 9. ADMINISTRATION BY SECRETARY.

       (a) Plan Approval; Publication.--Not later than 60 days 
     after the Secretary receives a proposed management plan from 
     the Commission, the Secretary, with the assistance of the 
     Commission, shall initiate the environmental compliance 
     activities which the Secretary determines to be appropriate 
     in order to allow the review of the proposed plan and any 
     alternatives thereto and to allow public participation in the 
     environmental compliance activities. Thereafter, the 
     Secretary shall approve an Area Management Plan for the Area 
     consistent with the Commission's proposed plan to the extent 
     possible, that reflects the results of the environmental 
     compliance activities undertaken. Not later than 18 months 
     after the Secretary receives the proposed management plan, 
     the Secretary shall publish the Area Management Plan in the 
     Federal Register.
       (b) Administration.--The Secretary shall administer the 
     lands owned by the United States within the Area in 
     accordance with the laws and regulations applicable to public 
     lands and the Area Management Plan in such a manner as shall 
     provide for the following:
       (1) The conservation, restoration, and protection of the 
     Area's unique scientific, scenic, educational, recreational, 
     and wildlife values.
       (2) The continued use of the Area for purposes of 
     education, scientific study, and limited public recreation in 
     a manner that does not substantially impair the purposes for 
     which the Area is established.
       (3) The protection of the wildlife habitat of the Area.
       (4) The elimination of opportunities to construct water 
     storage facilities within the Area.
       (5) The reduction or elimination of roads and motorized 
     vehicles from the public lands to the greatest extent 
     possible within the Area.
       (6) The elimination of roads and motorized use on the 
     public lands within the area on the western side of the river 
     from Lobatos Bridge south to the State line.
       (c) No Reservation of Water Rights.--Public lands affected 
     by this Act shall not be subject to reserved water rights for 
     any Federal purpose.
       (d) Changes in Streamflow Regime.--To the extent that 
     changes to the streamflow regime beneficial to the Area can 
     be accommodated through negotiation with the State of 
     Colorado, the Rio Grande Water Conservation District, and 
     water users within Colorado, such changes should be 
     encouraged, but may not be imposed as a requirement.
       (e) Private Lands.--Private lands within the Area will be 
     affected by the designation and management of the Area only 
     to the extent that the private landowner agrees in writing to 
     be bound by the Area Management Plan.

      SEC. 10. MANAGEMENT.

       (a) Area Management Plan.--
       (1) In general.--The Secretary shall implement the Area 
     Management Plan for all of the land within the Area that 
     accomplishes the purposes of and is consistent with the 
     provisions of this Act.
       (2) Non-federal land.--The Area Management Plan shall apply 
     to all land within the Area owned by the United States and 
     may be made to apply to non-Federal land within the Area only 
     when written acceptance of the Area Management Plan is given 
     by the owners of such land.
       (b) Coordination with State and Local Governments.--The 
     Area Management Plan shall be developed and adopted in 
     coordination with the appropriate State agencies and local 
     governments in Colorado.
       (c) Cooperation by Private Landowners.--In implementing the 
     Area Management Plan, the Secretary shall encourage full 
     public participation arid seek the cooperation of all private 
     landowners within the Area, regardless of whether the 
     landowners are directly or indirectly affected by the Area 
     Management Plan. If accepted by private landowners, in 
     writing, the provisions of the Area Management Plan may be 
     applied to the individual parcels of private land.
       (d) New Impoundments.--In managing the Area, neither the 
     Secretary nor any other Federal agency or officer may approve 
     or issue any permit for, or provide any assistance for, the 
     construction of any new dam, reservoir, or impoundment on any 
     segment of the Rio Grande River or its tributaries within the 
     exterior boundaries of the Area.

      SEC. 11. RESTORATION TO PUBLIC LANDS STATUS.

       (a) Existing Reservations.--All reservations of public 
     lands within the Area for Federal purposes that have been 
     made by an Act of Congress or Executive order prior to the 
     date of enactment of this Act are revoked.
       (b) Public Lands.--Subject to subsection (c), public lands 
     within the Area that were subject to a reservation described 
     in subsection (a)--

[[Page S10057]]

       (1) are restored to the status of public lands; and
       (2) shall be administered in accordance with the Area 
     Management Plan.
       (c) Withdrawal.--All public lands within the Area are 
     withdrawn from settlement, sale, location, entry, or disposal 
     under the laws applicable to public lands, including the 
     following:
       (1) Sections 910, 2318 through 2340, and 2343 through 2346 
     of the Revised Statutes (commonly known as the ``General 
     Mining Law, of 1872") (30 U.S.C. 21, 22, 23, 24, 26 through 
     30, 33 through 43, 46 through 48, 50 through 53).
       (2) The Mining and Minerals Policy Act of 1970 (30 U.S.C. 
     21a).
       (3) The Act of April 26, 1882 (22 Stat. 49, chapter 106; 30 
     U.S.C. 25, 31).
       (4) Public Law 85-876 (30 U.S.C. 28-1, 28-2).
       (5) The Act of June 21, 1949 (63 Stat. 214, chapter 232; 30 
     U.S.C. 28b through 28e, 54).
       (6) The Act of March 3, 1991 (21 Stat. 505, chapter 140; 30 
     U.S.C. 32).
       (7) The Act of May 5, 1876 (19 Stat. 52, chapter 91; 30 
     U.S.C. 49).
       (8) Sections 15, 16, and 26 of the Act of June 6, 1990 (31 
     Stat. 327, 328, 329, chapter 786; 30 U.S.C. 49a, 49c, 49d).
       (9) Section 2 of the Act of May 4, 1934 (48 Stat. 1243, 
     chapter 2559; 30 U.S.C. 49e, 49f).
       (10) The Act entitled ``An Act to promote the mining of 
     coal, phosphate, oil, oil shale, gas, and sodium on the 
     public domain'', approved February 25, 1920 (commonly known 
     as the ``Mineral Lands Leasing Act of 1920''; 30 U.S.C. 181 
     et seq.).
       (11) The Act entitled ``An Act to provide for the disposal 
     of materials on public lands of the United States'', approved 
     July 31, 1947 (commonly known as the ``Materials Act of 
     1947''; 30 U.S.C. 601 et seq.).
       (d) Wild and Scenic Rivers.--No land or water within the 
     Area shall be designated as a wild, scenic, or recreational 
     river under section 2 of the Wild and Scenic Rivers Act (16 
     U.S.C. 1273).

      SEC. 12. ACQUISITION OF NON-FEDERAL LANDS.

       (a) Acquisition of Lands Not Currently in Federal 
     Ownership.--The Secretary, with the cooperation and 
     assistance of the Commission, may acquire by purchase, 
     exchange, or donation all or any part of the land and 
     interests in land, including conservation easements, within 
     the Area from willing sellers only.
       (b) Administration.--Any lands and interests in lands 
     acquired under this section--
       (1) shall be administered in accordance with the Area 
     Management Plan;
       (2) shall not be subject to reserved water rights for any 
     Federal purpose, nor shall the acquisition of the land 
     authorize the Secretary or any Federal agency to acquire 
     instream flows in the Rio Grande River at any place within 
     the Area;
       (3) shall become public lands; and
       (4) shall upon acquisition be immediately withdrawn as 
     provided in section 11.

      SEC. 13. STATE INSTREAM FLOW PROTECTION AUTHORIZED.

       Nothing in this Act shall be construed to prevent the State 
     from acquiring an instream flow through the Area pursuant to 
     the terms, conditions, and limitations of Colorado law to 
     assist in protecting the natural environment to the extent 
     and for the purposes authorized by Colorado law.

      SEC. 14. RULE OF CONSTRUCTION.

       Nothing in this Act shall be construed to--
       (1) authorize, expressly or by implication, the 
     appropriation or reservation of water by any Federal agency, 
     or any other entity or individual other than the State of 
     Colorado, for any instream flow purpose associated with the 
     Area;
       (2) affect the rights or jurisdiction of the United States, 
     a State, or any other entity over waters of any river or 
     stream or over any ground water resource;
       (3) alter, amend, repeal, interpret, modify, or be in 
     conflict with the Compact;
       (4) alter or establish the respective rights of any State, 
     the United States, or any person with respect to any water or 
     water-related right;
       (5) impede the maintenance of the free-flowing nature of 
     the waters in the Area so as to protect--
       (A) the ability of the State of Colorado to fulfill its 
     obligations under the Compact; or
       (B) the riparian habitat within the Area;
       (6) allow the conditioning of Federal permits, permissions, 
     licenses, or approvals to require the bypass or release of 
     waters appropriated pursuant to State law to protect, 
     enhance, or alter the water flows through the Area;
       (7) affect the continuing use and operation, repair, 
     rehabilitation, expansion, or new construction of water 
     supply facilities, water and wastewater treatment facilities, 
     stormwater facilities, public utilities, and common carriers 
     along the Rio Grande River and its tributaries upstream of 
     the Area;
       (8) impose any Federal or State water use designation or 
     water quality standard upon uses of, or discharges to, waters 
     of the State or waters of the United States, within or 
     upstream of the Area, that is more restrictive than those 
     that would be applicable had the Area not been established; 
     or
       (9) modify, alter, or amend title I of the Reclamation 
     Project Authorizing Act of 1972, as amended (Public Law 92-
     514, 86 Stat. 964; Public Law 96-375, 94 Stat. 1507; Public 
     Law 98-570, 98 Stat. 2941; and Public Law 100-516, 100 Stat. 
     257), or to authorize the Secretary to acquire water from 
     other sources for delivery to the Rio Grande River pursuant 
     to section 102(c) of such title.

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