[Congressional Record Volume 150, Number 122 (Friday, October 1, 2004)]
[Senate]
[Pages S10265-S10276]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3945. Mr. LEAHY (for himself and Mr. Grassley) proposed an 
amendment to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; as follows:

     SECTION 1. CONGRESSIONAL OVERSIGHT OF FBI USE OF TRANSLATORS.

       Not later than 30 days after the date of enactment of this 
     Act, and annually thereafter, the Attorney General of the 
     United States shall submit a report to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives, that contains, with respect to 
     each preceding 12-month period--
       (1) the number of translators employed, or contracted for, 
     by the Federal Bureau of Investigation or other components of 
     the Department of Justice;
       (2) any legal or practical impediments to using translators 
     employed by the Federal, State, or local agencies on a full-
     time, part-time, or shared basis;
       (3) the needs of the Federal Bureau of Investigation for 
     the specific translation services in certain languages, and 
     recommendations for meeting those needs;
       (4) the status of any automated statistical reporting 
     system, including implementation and future viability;
       (5) the storage capabilities of the digital collection 
     system or systems utilized;
       (6) a description of the establishment and compliance with 
     audio retention policies that satisfy the investigative and 
     intelligence goals of the Federal Bureau of Investigation; 
     and
       (7) a description of the implementation of quality control 
     procedures and mechanisms for monitoring compliance with 
     quality control procedures.
                                 ______
                                 
  SA 3946. Ms. COLLINS (for Mr. Inhofe) proposed an amendment to 
amendment SA 3849 proposed by Mr. Corzine (for himself and Mr. 
Lautenberg) to the bill S. 2845, to reform the intelligence community 
and the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; as follows:

       In lieu of the matter to be inserted, insert the following:

                 TITLE __--CHEMICAL FACILITIES SECURITY

     SEC. __0. 1. SHORT TITLE.

       This title may be cited as the ``Chemical Facilities 
     Security Act of 2004''.

     SEC. __02. DEFINITIONS.

       In this title:
       (1) Alternative approaches.--The term ``alternative 
     approaches'' means ways of reducing the threat of a terrorist 
     release, as well as reducing the consequences of a terrorist 
     release from a chemical source, including approaches that--
       (A) use smaller quantities of substances of concern;

[[Page S10266]]

       (B) replace a substance of concern with a less hazardous 
     substance; or
       (C) use less hazardous processes.
       (2) Chemical source.--The term ``chemical source'' means a 
     non-Federal stationary source (as defined in section 
     112(r)(2) of the Clean Air Act (42 U.S.C. 7412(r)(2))) for 
     which--
       (A) the owner or operator is required to complete a risk 
     management plan in accordance with section 112(r)(7)(B)(ii) 
     of the Clean Air Act (42 U.S.C. 7412(r)(7)(B)(ii)); and
       (B) the Secretary is required to promulgate implementing 
     regulations under section __03(a) of this title.
       (3) Consideration.--The term ``consideration'' includes--
       (A) an analysis of alternative approaches, including the 
     benefits and risks of such approaches;
       (B) the potential of the alternative approaches to prevent 
     or reduce the threat or consequences of a terrorist release;
       (C) the cost and technical feasibility of alternative 
     approaches; and
       (D) the effect of alternative approaches on product 
     quality, product cost, and employee safety.
       (4) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (5) Environment.--The term ``environment'' has the meaning 
     given the term in section 101 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601).
       (6) Owner or operator.--The term ``owner or operator'' has 
     the meaning given the term in section 112(a) of the Clean Air 
     Act (42 U.S.C. 7412(a)).
       (7) Release.--The term ``release'' has the meaning given 
     the term in section 101 of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601).
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (9) Security measure.--
       (A) In general.--The term ``security measure'' means an 
     action carried out to ensure or enhance the security of a 
     chemical source.
       (B) Inclusions.--The term ``security measure'', with 
     respect to a chemical source, includes measures such as--
       (i) an employee training and background check;
       (ii) the limitation and prevention of access to controls of 
     the chemical source;
       (iii) the protection of the perimeter of the chemical 
     source;
       (iv) the installation and operation of intrusion detection 
     sensors;
       (v) the implementation of measures to increase computer or 
     computer network security;
       (vi) the implementation of other security-related measures 
     to protect against or reduce the threat of--

       (I) a terrorist attack on the chemical source; or
       (II) the theft of a substance of concern for offsite 
     release in furtherance of an act of terrorism;

       (vii) the installation of measures and controls to protect 
     against or reduce the consequences of a terrorist attack; and
       (viii) the conduct of any similar security-related 
     activity, as determined by the Secretary.
       (10) Substance of concern.--The term ``substance of 
     concern'' means--
       (A) a chemical substance present at a chemical source in 
     quantities equal to or exceeding the threshold quantities for 
     the chemical substance, as defined in or established under 
     paragraphs (3) and (5) of section 112(r) of the Clean Air Act 
     (42 U.S.C. 7412(r)); and
       (B) such other chemical substance as the Secretary may 
     designate under section __03(g).
       (11) Terrorism.--The term ``terrorism'' has the meaning 
     given the term in section 2 of the Homeland Security Act of 
     2002 (6 U.S.C. 101).
       (12) Terrorist release.--The term ``terrorist release'' 
     means--
       (A) a release from a chemical source into the environment 
     of a substance of concern that is caused by an act of 
     terrorism; and
       (B) the theft of a substance of concern by a person for 
     off-site release in furtherance of an act of terrorism.

     SEC. __03. VULNERABILITY ASSESSMENTS AND SITE SECURITY PLANS.

       (a) Requirement.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall promulgate 
     regulations that require the owner or operator of each 
     chemical source included on the list described in subsection 
     (f)(1)--
       (A) to conduct an assessment of the vulnerability of the 
     chemical source to a terrorist release, including identifying 
     hazards that may result from a terrorist release; and
       (B) to prepare and implement a site security plan that 
     addresses the results of the vulnerability assessment.
       (2) Contents of site security plan.--A site security plan 
     required under the regulations promulgated under paragraph 
     (1) or any other plan determined to be substantially 
     equivalent by the Secretary under subsection (c)--
       (A) shall include security measures to significantly reduce 
     the vulnerability of the chemical source covered by the plan 
     to a terrorist release;
       (B) shall describe, at a minimum, particular equipment, 
     plans, and procedures that could be implemented or used by or 
     at the chemical source in the event of a terrorist release; 
     and
       (C) shall include consideration and, where practicable in 
     the judgment of the owner or operator of the chemical source, 
     implementation of options to reduce the threat of a terrorist 
     release through the use of alternative approaches.
       (3) Promulgation.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall promulgate 
     regulations establishing procedures, protocols, regulations, 
     and standards for vulnerability assessments and site security 
     plans.
       (4) Guidance to small entities.--Not later than 1 year 
     after the date of enactment of this Act, the Secretary shall 
     publish guidance to assist small entities in complying with 
     paragraph (2)(C).
       (5) Threat information.--To the maximum extent practicable 
     under applicable authority and in the interests of national 
     security, the Secretary shall provide to an owner or operator 
     of a chemical source required to prepare a vulnerability 
     assessment and site security plan threat information that is 
     relevant to the chemical source.
       (6) Coordinated assessments and plans.--The regulations 
     promulgated under paragraphs (1) and (3) shall permit the 
     development and implementation of coordinated vulnerability 
     assessments and site security plans in any case in which more 
     than 1 chemical source is operating at a single location or 
     at contiguous locations, including cases in which a chemical 
     source is under the control of more than 1 owner or operator.
       (b) Certification and Submission.--
       (1) In general.--Each owner or operator of a chemical 
     source shall certify in writing to the Secretary that the 
     owner or operator has completed a vulnerability assessment 
     and has developed and implemented or is implementing a site 
     security plan in accordance with this title, including--
       (A) regulations promulgated under paragraphs (1) and (3) of 
     subsection (a); and
       (B) any applicable procedures, protocols, or standards 
     endorsed or recognized by the Secretary under subsection 
     (c)(1).
       (2) Submission.--Not later than 18 months after the date of 
     promulgation of regulations under paragraphs (1) and (3) of 
     subsection (a), an owner or operator of a chemical source 
     shall provide to the Secretary copies of the vulnerability 
     assessment and site security plan of the chemical source for 
     review.
       (3) Oversight.--The Secretary shall, at such times and 
     places as the Secretary determines to be appropriate, conduct 
     or require the conduct of vulnerability assessments and other 
     activities (including third-party audits) to ensure and 
     evaluate compliance with--
       (A) this title (including regulations promulgated under 
     paragraphs (1) and (3) of subsection (a)); and
       (B) other applicable procedures, protocols, or standards 
     endorsed or recognized by the Secretary under subsection 
     (c)(1).
       (4) Submission of changes.--The owner or operator of a 
     chemical source shall--
       (A) provide to the Secretary a description of any 
     significant change that is made to the vulnerability 
     assessment or site security plan required for the chemical 
     source under this section, not later than 90 days after the 
     date the change is made; and
       (B) update the certification of the vulnerability 
     assessment or site security plan.
       (c) Specified Standards.--
       (1) Existing procedures, protocols, and standards.--Upon 
     submission of a petition by any person to the Secretary, and 
     after receipt by that person of a written response from the 
     Secretary, any procedures, protocols, and standards 
     established by the Secretary under regulations promulgated 
     under subsection (a)(3) may--
       (A) endorse or recognize procedures, protocols, 
     regulations, and standards--
       (i) that are established by--

       (I) industry;
       (II) State or local authorities; or
       (III) other applicable law; and

       (ii) the requirements of which the Secretary determines to 
     be--

       (I) substantially equivalent to the requirements under 
     subsections (a)(1), (a)(2), and (a)(3); and
       (II) in effect on or after the date of enactment of this 
     Act; and

       (B) require that a vulnerability assessment and site 
     security plan address a particular threat or type of threat.
       (2) Notification of substantial equivalency.--If the 
     Secretary endorses or recognizes existing procedures, 
     protocols, regulations, and standards described in paragraph 
     (1)(A), the Secretary shall provide to the person that 
     submitted the petition a notice that the procedures, 
     protocols, regulations, and standards are substantially 
     equivalent to the requirements of paragraph (1) and 
     paragraphs (1) and (3) of subsection (a).
       (3) No action by secretary.--If the Secretary does not 
     endorse or recognize existing procedures, protocols, and 
     standards described in paragraph (1)(A), the Secretary shall 
     provide to each person that submitted a petition under 
     paragraph (1) a written notification that includes a clear 
     explanation of the reasons why the endorsement or recognition 
     was not made.
       (d) Preparation of Assessments and Plans.--As of the date 
     of endorsement or recognition by the Secretary of a 
     particular procedure, protocol, or standard under subsection 
     (c)(1)(A), any vulnerability assessment or site security plan 
     that is prepared by a chemical source before, on, or after 
     the

[[Page S10267]]

     date of endorsement or recognition of, and in accordance 
     with, that procedure, protocol, or standard, shall, for the 
     purposes of subsection (b)(3) and section __04, be judged by 
     the Secretary against that procedure, protocol, or standard 
     rather than the relevant regulations promulgated under 
     subsection (c) and paragraphs (1) and (3) of subsection (a) 
     (including such a vulnerability assessment or site security 
     plan prepared before, on, or after the date of enactment of 
     this Act).
       (e) Regulatory Criteria.--In exercising the authority under 
     subsections (a) and (c) with respect to a chemical source, 
     the Secretary shall consider--
       (1) the likelihood that a chemical source will be the 
     target of terrorism;
       (2) the nature and quantity of the substances of concern 
     present at a chemical source;
       (3) the potential extent of death, injury, or serious 
     adverse effects to human health or the environment that would 
     result from a terrorist release;
       (4) the potential harm to critical infrastructure and 
     national security from a terrorist release;
       (5) cost and technical feasibility;
       (6) scale of operations; and
       (7) such other security-related factors as the Secretary 
     determines to be appropriate and necessary to protect the 
     public health and welfare, critical infrastructure, and 
     national security.
       (f) List of Chemical Sources.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall develop a list of 
     chemical sources in existence as of that date.
       (2) Considerations.--In developing the list under paragraph 
     (1), the Secretary shall consider the criteria specified in 
     subsection (e).
       (3) Future determinations.--Not later than 3 years after 
     the date of promulgation of regulations under subsection (c) 
     and paragraphs (1) and (3) of subsection (a), and every 3 
     years thereafter, the Secretary shall, after considering the 
     criteria described in subsection (e)--
       (A) determine whether additional facilities (including, as 
     of the date of the determination, facilities that are 
     operational and facilities that will become operational in 
     the future) shall be considered to be a chemical source under 
     this title;
       (B) determine whether any chemical source identified on the 
     most recent list under paragraph (1) no longer presents a 
     risk sufficient to justify retention of classification as a 
     chemical source under this title; and
       (C) update the list as appropriate.
       (4) Regulations.--The Secretary may make a determination 
     under this subsection in regulations promulgated under 
     paragraphs (1) and (3) of subsection (a).
       (g) Designation, Exemption, and Adjustment of Threshold 
     Quantities of Substances of Concern.--
       (1) In general.--The Secretary may, by regulation--
       (A) designate certain chemical substances in particular 
     threshold quantities as substances of concerns under this 
     title;
       (B) exempt certain chemical substances from designation as 
     substances of concern under this title; and
       (C) adjust the threshold quantity of a chemical substance.
       (2) Considerations.--In designating or exempting a chemical 
     substance or adjusting the threshold quantity of a chemical 
     substance under paragraph (1), the Secretary shall consider 
     the potential extent of death, injury, or serious adverse 
     effects to human health or the environment that would result 
     from a terrorist release of the chemical substance.
       (3) Regulations.--The Secretary may make a designation, 
     exemption, or adjustment under paragraph (1) in regulations 
     promulgated under paragraphs (1) and (3) of subsection (a).
       (h) 5-Year Review.--Not later than 5 years after the date 
     of certification of a vulnerability assessment and a site 
     security plan under subsection (b)(1), and not less often 
     than every 5 years thereafter (or on such a schedule as the 
     Secretary may establish by regulation), the owner or operator 
     of the chemical source covered by the vulnerability 
     assessment or site security plan shall--
       (1) review the adequacy of the vulnerability assessment and 
     site security plan; and
       (2)(A) certify to the Secretary that the chemical source 
     has completed the review and implemented any modifications to 
     the site security plan; and
       (B) submit to the Secretary a description of any changes to 
     the vulnerability assessment or site security plan.
       (i) Protection of Information.--
       (1) Disclosure exemption.--Except with respect to 
     certifications specified in subsections (b)(1)(A) and 
     (h)(2)(A), vulnerability assessments and site security plans 
     obtained in accordance with this title, and materials 
     developed or produced exclusively in preparation of those 
     documents (including information shared with Federal, State, 
     and local government entities under paragraphs (3) through 
     (5)), shall be exempt from disclosure under--
       (A) section 552 of title 5, United States Code; or
       (B) any State or local law providing for public access to 
     information.
       (2) No effect on other disclosure.--Nothing in this title 
     affects the handling, treatment, or disclosure of information 
     obtained from chemical sources under any other law.
       (3) Development of protocols.--
       (A) In general.--The Secretary, in consultation with the 
     Director of the Office of Management and Budget and 
     appropriate Federal law enforcement and intelligence 
     officials, and in a manner consistent with existing 
     protections for sensitive or classified information, shall, 
     by regulation, establish confidentiality protocols for 
     maintenance and use of information that is obtained from 
     owners or operators of chemical sources and provided to the 
     Secretary under this title.
       (B) Requirements for protocols.--A protocol established 
     under subparagraph (A) shall ensure that--
       (i) each copy of a vulnerability assessment or site 
     security plan submitted to the Secretary, all information 
     contained in or derived from that assessment or plan, and 
     other information obtained under section __06, is maintained 
     in a secure location; and
       (ii) except as provided in paragraph (5)(B), or as 
     necessary for judicial enforcement, access to the copies of 
     the vulnerability assessments and site security plans 
     submitted to the Secretary, and other information obtained 
     under section __06, shall be limited to persons designated by 
     the Secretary.
       (4) Disclosure in civil proceedings.--In any Federal or 
     State civil or administrative proceeding in which a person 
     seeks to compel the disclosure or the submission as evidence 
     of sensitive information contained in a vulnerability 
     assessment or security plan required by subsection (a) or (b) 
     and is not otherwise subject to disclosure under other 
     provisions of law--
       (A) the information sought may be submitted to the court 
     under seal; and
       (B) the court, or any other person, shall not disclose the 
     information to any person until the court, in consultation 
     with the Secretary, determines that the disclosure of the 
     information does not pose a threat to public security or 
     endanger the life or safety of any person.
       (5) Penalties for unauthorized disclosure.--
       (A) In general.--Except as provided in subparagraph (B), 
     any individual referred to in paragraph (3)(B)(ii) who 
     acquires any information described in paragraph (3)(A) 
     (including any reproduction of that information or any 
     information derived from that information), and who knowingly 
     or recklessly discloses the information, shall--
       (i) be imprisoned not more than 1 year, fined in accordance 
     with chapter 227 of title 18, United States Code (applicable 
     to class A misdemeanors), or both; and
       (ii) be removed from Federal office or employment.
       (B) Exceptions.--
       (i) In general.--Subparagraph (A) shall not apply to a 
     person described in that subparagraph that discloses 
     information described in paragraph (3)(A)--

       (I) to an individual designated by the Secretary under 
     paragraph (3)(B)(ii);
       (II) for the purpose of section __06; or
       (III) for use in any administrative or judicial proceeding 
     to impose a penalty for failure to comply with a requirement 
     of this title.

       (ii) Law enforcement officials and first responders.--
     Notwithstanding subparagraph (A), an individual referred to 
     in paragraph (3)(B)(ii) who is an officer or employee of the 
     United States may share with a State or local law enforcement 
     or other official (including a first responder) the contents 
     of a vulnerability assessment or site security plan, or other 
     information described in that paragraph, to the extent 
     disclosure is necessary to carry out this title.

     SEC. __04. ENFORCEMENT.

       (a) Failure To Comply.--If an owner or operator of a 
     chemical source fails to certify or submit a vulnerability 
     assessment or site security plan in accordance with this 
     title, the Secretary may issue an order requiring the 
     certification and submission of a vulnerability assessment or 
     site security plan in accordance with section __03(b).
       (b) Disapproval.--The Secretary may disapprove under 
     subsection (a) a vulnerability assessment or site security 
     plan submitted under section __03(b) if the Secretary 
     determines that--
       (1) the vulnerability assessment or site security plan does 
     not comply with regulations promulgated under paragraph (1) 
     and (3) of subsection (a) or the procedure, protocol, or 
     standard endorsed or recognized under section __03(c); or
       (2) the site security plan, or the implementation of the 
     site security plan, is insufficient to address--
       (A) the results of a vulnerability assessment of a chemical 
     source; or
       (B) a threat of a terrorist release.
       (c) Compliance.--If the Secretary disapproves a 
     vulnerability assessment or site security plan of a chemical 
     source under subsection (b), the Secretary shall--
       (1) provide the owner or operator of the chemical source a 
     written notification of the determination that includes a 
     clear explanation of deficiencies in the vulnerability 
     assessment, site security plan, or implementation of the 
     assessment or plan;
       (2) consult with the owner or operator of the chemical 
     source to identify appropriate steps to achieve compliance; 
     and
       (3) if, following that consultation, the owner or operator 
     of the chemical source does not achieve compliance in 
     accordance by such date as the Secretary determines to

[[Page S10268]]

     be appropriate under the circumstances, issue an order 
     requiring the owner or operator to correct specified 
     deficiencies.
       (d) Emergency Powers.--
       (1) Definition of emergency threat.--The term ``emergency 
     threat'' means a threat of a terrorist act that could result 
     in a terrorist release at a chemical source--
       (A) that is beyond the scope of the site security plan as 
     implemented at the chemical source;
       (B) the likelihood of the immediate occurrence of which is 
     high;
       (C) the consequences of which would be severe; and
       (D) based on the factors described in subparagraphs (A) 
     through (C), would not be appropriately and reasonably 
     addressed, or addressed in a timely manner, by the Secretary 
     under subsections (a) through (c).
       (2) Initiation of action.--
       (A) In general.--If the Secretary (in consultation with 
     State and local law enforcement officials) determines that an 
     emergency threat exists, the Secretary may bring a civil 
     action on behalf of the United States in United States 
     district court to immediately require each covered source 
     potentially subject to the emergency threat to take such 
     actions as are necessary to respond to the emergency threat.
       (B) Notice and participation.--The Secretary shall provide 
     to each covered source that is the subject of a civil action 
     under subparagraph (A)--
       (i) notice of any injunctive relief to compel compliance 
     with this subsection that is being sought; and
       (ii) an opportunity to participate in any proceedings 
     relating to the civil action.
       (3) Emergency orders.--
       (A) In general.--If the Secretary determines that it is not 
     practicable to ensure prompt action to protect public safety 
     from an emergency threat by commencing a civil action under 
     paragraph (2), the Secretary may issue such orders as are 
     necessary to ensure public safety.
       (B) Consultation.--Before issuing an order under 
     subparagraph (A), the Secretary shall--
       (i) consult with State and local law enforcement officials; 
     and
       (ii) attempt to confirm the accuracy of the information on 
     which the action proposed to be taken is based.
       (C) Effectiveness of orders.--
       (i) In general.--An order issued by the Secretary under 
     this paragraph shall be effective for the 60-day period 
     beginning on the date of issuance of the order unless the 
     Secretary files a civil action under paragraph (2) before the 
     expiration of that period.
       (ii) Extension of effective period.--With respect to an 
     order issued under this paragraph, the Secretary may file a 
     civil action before the end of the 60-day period described in 
     clause (i) to extend the effective period of the order for--

       (I) 14 days; or
       (II) such longer period as the court in which the civil 
     action is filed may authorize.

       (e) Protection of Information.--Any determination of 
     disapproval or order made or issued under this section shall 
     be exempt from disclosure--
       (1) under section 552 of title 5, United States Code;
       (2) under any State or local law providing for public 
     access to information; and
       (3) except as provided in section __03(i)(4), in any 
     Federal or State civil or administrative proceeding.

     SEC. __05. INTERAGENCY TECHNICAL SUPPORT AND COOPERATION.

       The Secretary--
       (1) may request other Federal agencies to provide technical 
     and analytical support (other than field work) in 
     implementing this title; and
       (2) may provide reimbursement for such technical and 
     analytical support received as the Secretary determines to be 
     appropriate.

     SEC. __06. RECORDKEEPING; SITE INSPECTIONS; PRODUCTION OF 
                   INFORMATION.

       (a) Recordkeeping.--The owner or operator of a chemical 
     source that is required to prepare a vulnerability assessment 
     or site security plan under section __03(a) shall maintain a 
     current copy of those documents.
       (b) Right of Entry.--In carrying out this title, the 
     Secretary (or a designee), on presentation of credentials, 
     shall have a right of entry to, on, or through--
       (1) any premises of an owner or operator of a chemical 
     source described in subsection (a); and
       (2) any premises on which any record required to be 
     maintained under subsection (a) is located.
       (c) Requests for Records.--In carrying out this title, the 
     Secretary (or a designee) may require the submission of, or, 
     on presentation of credentials, may at reasonable times seek 
     access to and copy--
       (1) any records, reports, or other information described in 
     subsection (a); and
       (2) any other documentation necessary for--
       (A) review or analysis of a vulnerability assessment or 
     site security plan; or
       (B) implementation of a site security plan.
       (d) Compliance.--If the Secretary determines that an owner 
     or operator of a chemical source is not maintaining, 
     producing, or permitting access to records as required by 
     this section, the Secretary may issue an order requiring 
     compliance with the relevant provisions of this section.

     SEC. __0 7. PENALTIES.

       (a) Judicial Relief.--Any owner or operator of a chemical 
     source that violates or fails to comply with any order issued 
     by the Secretary under this title or a site security plan 
     submitted to the Secretary under this title (or, in the case 
     of an exemption described in section __03(d), a procedure, 
     protocol, or standard endorsed or recognized by the Secretary 
     under section __03(c)) may, in a civil action brought in 
     United States district court, be subject, for each day on 
     which the violation occurs or the failure to comply 
     continues, to--
       (1) an order for injunctive relief; or
       (2) a civil penalty of not more than $50,000.
       (b) Administrative Penalties.--
       (1) Penalty orders.--The Secretary may issue an 
     administrative penalty of not more than $250,000 for failure 
     to comply with an order issued by the Secretary under this 
     title.
       (2) Notice and hearing.--Before issuing an order described 
     in paragraph (1), the Secretary shall provide to the person 
     against which the penalty is to be assessed--
       (A) written notice of the proposed order; and
       (B) the opportunity to request, not later than 30 days 
     after the date on which the person receives the notice, a 
     hearing on the proposed order.
       (3) Procedures.--The Secretary may promulgate regulations 
     outlining the procedures for administrative hearings and 
     appropriate review, including necessary deadlines.
       (c) Treatment of Information in Judicial Proceedings.--
     Information submitted or obtained by the Secretary, 
     information derived from that information, and information 
     submitted by the Secretary under this title (except under 
     section __011) shall be treated in any judicial or 
     administrative action as if the information were classified 
     material.

     SEC. __08. PROVISION OF TRAINING.

       The Secretary may provide training to State and local 
     officials and owners and operators in furtherance of the 
     purposes of this title.

     SEC. __09. JUDICIAL REVIEW.

       (a) Regulations.--Not later than 60 days after the date of 
     promulgation of a regulation under this title, any person may 
     file a petition for judicial review relating to the 
     regulation with--
       (1) the United States Court of Appeals for the District of 
     Columbia; or
       (2) with the United States circuit court--
       (A) having jurisdiction over the State in which the person 
     resides; or
       (B) for the circuit in which the principal place of 
     business of the person is located.
       (b) Final Agency Actions or Orders.--Not later than 60 days 
     after the date on which a covered source receives notice of 
     an action or order of the Secretary under this title with 
     respect to the chemical source, the chemical source may file 
     a petition for judicial review of the action or order with 
     the United States district court for the district in which--
       (1) the chemical source is located; or
       (2) the owner or operator of the chemical source has a 
     principal place of business.
       (c) Standard of Review.--
       (1) In general.--On the filing of a petition under 
     subsection (a) or (b), the court of jurisdiction shall review 
     the regulation or other final action or order that is the 
     subject of the petition in accordance with chapter 7 of title 
     5, United States Code.
       (2) Basis.--
       (A) In general.--Judicial review of a regulation, or of a 
     final agency action or order described in paragraph (1) that 
     is based on an administrative hearing held on the record, 
     shall be based on the record of the proceedings, comments, 
     and other information that the Secretary considered in 
     promulgating the regulation, taking the action, or issuing 
     the order being reviewed.
       (B) Other actions and orders.--Judicial review of a final 
     agency action or order described in paragraph (1) that is not 
     described in subparagraph (A) shall be based on any 
     submissions to the Secretary relating to the action or order, 
     and any other information, that the Secretary considered in 
     taking the action or issuing the order.

     SEC. __10. NO EFFECT ON REQUIREMENTS UNDER OTHER LAW.

       (a) In General.--Except as provided in section __03(i), 
     nothing in this title affects any duty or other requirement 
     imposed under any other Federal or State law.
       (b) Other Federal Law.--
       (1) In general.--Notwithstanding subsection (a), a chemical 
     source that is required to prepare a facility vulnerability 
     assessment and implement a facility security plan under any 
     another Federal law may petition the Secretary to be subject 
     to the other Federal law in lieu of this title.
       (2) Determination of substantial equivalence.--If the 
     Secretary determines that a Federal law covered by a petition 
     submitted by a chemical source under paragraph (1) is 
     substantially equivalent to this title--
       (A) the Secretary may grant the petition; and
       (B) the chemical source shall be subject to the other 
     Federal law in lieu of this title.

     SEC. __11. AGRICULTURAL BUSINESS SECURITY GRANT PROGRAM.

       (a) Definition of Eligible Entity.--In this section, the 
     term ``eligible entity'' means a retail or production 
     agricultural business (including a business that is engaged 
     in the production or processing of seafood) that employs not 
     more than such number of individuals at a chemical source 
     included in the list described in section __03(f)(1) as shall 
     be determined by the Secretary, in consultation

[[Page S10269]]

     with the Administrator of the Small Business Administration 
     and the Secretary of Agriculture.
       (b) Grants.--The Secretary shall provide grants to an 
     eligible entity that is a chemical source included in the 
     list described in section __03(f)(1) selected under this 
     section to enable the eligible entity at the chemical 
     source--
       (1) to improve security measures; and
       (2) to protect against or reduce the consequence of a 
     terrorist attack.
       (c) Criteria.--In establishing criteria for the selection 
     of, or in otherwise selecting, eligible entities to receive a 
     grant under this section, the Secretary shall--
       (1) consider on an individual, location-by-location basis, 
     each applicant for a grant; and
       (2) require each eligible entity that receives a grant to 
     use funds from the grant only for the purposes described in 
     subsection (b) in accordance with guidance of the Secretary.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
  SA 3947. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill S. 1876, to 
authorize the Secretary of the Interior to convey certain lands and 
facilities of the Provo River Project; which was ordered to lie on the 
table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Provo River Project Transfer 
     Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Agreement.--The term ``Agreement'' means the contract 
     numbered 04-WC-40-8950 and entitled ``Agreement Among the 
     United States, the Provo River Water Users Association, and 
     the Metropolitan Water District of Salt Lake & Sandy to 
     Transfer Title to Certain Lands and Facilities of the Provo 
     River Project'' and shall include maps of the land and 
     features to be conveyed under the Agreement.
       (2) Association.--The term ``Association'' means the Provo 
     River Water Users Association, a nonprofit corporation 
     organized under the laws of the State.
       (3) District.--The term ``District'' means the Metropolitan 
     Water District of Salt Lake & Sandy, a political subdivision 
     of the State.
       (4) Pleasant grove property.--
       (A) In general.--The term ``Pleasant Grove Property'' means 
     the 3.79-acre parcel of land acquired by the United States 
     for the Provo River Project, Deer Creek Division, located at 
     approximately 285 West 1100 North, Pleasant Grove, Utah, as 
     in existence on the date of enactment of this Act.
       (B) Inclusions.--The term ``Pleasant Grove Property'' 
     includes the office building and shop complex constructed by 
     the Association on the parcel of land described in 
     subparagraph (A).
       (5) Provo reservoir canal.--The term ``Provo Reservoir 
     Canal'' means the canal, and any associated land, rights-of-
     way, and facilities acquired, constructed, or improved by the 
     United States as part of the Provo River Project, Deer Creek 
     Division, extending from, and including, the Murdock 
     Diversion Dam at the mouth of Provo Canyon, Utah, to and 
     including the Provo Reservoir Canal Siphon and Penstock, as 
     in existence on the date of enactment of this Act.
       (6) Salt Lake Aqueduct.--The term ``Salt Lake Aqueduct'' 
     means the aqueduct and associated land, rights-of-way, and 
     facilities acquired, constructed, or improved by the United 
     States as part of the Provo River Project, Aqueduct Division, 
     extending from, and including, the Salt Lake Aqueduct Intake 
     at the base of Deer Creek Dam to and including the Terminal 
     Reservoirs located at 3300 South St. and Interstate Route 215 
     in Salt Lake City, Utah, as in existence on the date of 
     enactment of this Act.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior or a designee of the Secretary.
       (8) State.--The term ``State'' means the State of Utah.

     SEC. 3. CONVEYANCE OF LAND AND FACILITIES.

       (a) Conveyances to Association.--
       (1) Provo reservoir canal.--
       (A) In general.--In accordance with the terms and 
     conditions of the Agreement and subject to subparagraph (B), 
     the Secretary shall convey to the Association, all right, 
     title, and interest of the United States in and to the Provo 
     Reservoir Canal.
       (B) Condition.--The conveyance under subparagraph (A) shall 
     not be completed until the Secretary executes the Agreement 
     and accepts future arrangements entered into by the 
     Association, the District, the Central Utah Water Conservancy 
     District, and the Jordan Valley Water Conservancy District 
     providing for the operation, ownership, financing, and 
     improvement of the Provo Reservoir Canal.
       (2) Pleasant grove property.--In accordance with the terms 
     and conditions of the Agreement, the Secretary shall convey 
     to the Association, all right, title, and interest of the 
     United States in and to the Pleasant Grove Property.
       (b) Conveyance to District.--
       (1) In general.--In accordance with the terms and 
     conditions of the Agreement and subject to the execution of 
     the Agreement by the Secretary, the Secretary shall convey to 
     the District, all right, title, and interest of the United 
     States in and to the Salt Lake Aqueduct.
       (2) Easements.--
       (A) In general.--As part of the conveyance under paragraph 
     (1), the Secretary shall grant to the District permanent 
     easements to--
       (i) the National Forest System land on which the Salt Lake 
     Aqueduct is located; and
       (ii) land of the Aqueduct Division of the Provo River 
     Project that intersects the parcel of non-Federal land 
     authorized to be conveyed to the United States under section 
     104(a) of Public Law 107-329 (116 Stat. 2816).
       (B) Purpose.--The easements conveyed under subparagraph (A) 
     shall be for the use, operation, maintenance, repair, 
     improvement, or replacement of the Salt Lake Aqueduct by the 
     District.
       (C) Limitation.--The United States shall not carry out any 
     activity on the land subject to the easements conveyed under 
     subparagraph (A) that would materially interfere with the 
     use, operation, maintenance, repair, improvement, or 
     replacement of the Salt Lake Aqueduct by the District.
       (D) Boundaries.--The boundaries of the easements conveyed 
     under subparagraph (A) shall be determined by the Secretary, 
     in consultation with the District and the Secretary of 
     Agriculture.
       (E) Transfer of administrative jurisdiction.--
       (i) In general.--On conveyance of the easement to the land 
     described in subparagraph (A)(ii), the Secretary, subject to 
     the easement, shall transfer to the Secretary of Agriculture 
     administrative jurisdiction over the land.
       (ii) Administrative site.--The land transferred under 
     clause (i) shall be administered by the Secretary of 
     Agriculture as an administrative site.
       (F) Administration.--The easements conveyed under 
     subparagraph (A) shall be administered by the Secretary of 
     Agriculture in accordance with section 501(b)(3) of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1761(b)(3)).
       (c) Consideration.--
       (1) Association.--
       (A) In general.--In exchange for the conveyance under 
     subsection (a)(1), the Association shall pay the Secretary an 
     amount that is equal to the sum of--
       (i) the net present value of any remaining debt obligation 
     of the United States with respect to the Provo Reservoir 
     Canal; and
       (ii) the net present value of any revenues from the Provo 
     Reservoir Canal that, based on past history--

       (I) would be available to the United States but for the 
     conveyance of the Provo Reservoir Canal under subsection 
     (a)(1); and
       (II) would be deposited in the reclamation fund established 
     under the first section of the Act of June 17, 1902 (43 
     U.S.C. 391), and credited under the terms of Reclamation 
     Manual/Directives and Standards PEC 03-01.

       (B) Deduction.--In determining the net present values under 
     clauses (i) and (ii) of subparagraph (A), the Association may 
     deduct from the net present value such sums as are required 
     for the reimbursement described in the Agreement.
       (2) District.--
       (A) In general.--In exchange for the conveyance under 
     subsection (b)(1), the District shall pay the Secretary an 
     amount that is equal to the sum of--
       (i) the net present value of any remaining debt obligation 
     of the United States with respect to the Salt Lake Aqueduct; 
     and
       (ii) the net present value of any revenues from the Salt 
     Lake Aqueduct that, based on past history--

       (I) would have been available to the United States but for 
     the conveyance of the Salt Lake Aqueduct under subsection 
     (b)(1); and
       (II) would be deposited in the reclamation fund established 
     under the first section of the Act of June 17, 1902 (43 
     U.S.C. 391), and credited under the terms of Reclamation 
     Manual/Directives and Standards PEC 03-01.

       (B) Deduction.--In determining the net present values under 
     clauses (i) and (ii) of subparagraph (A), the District may 
     deduct from the net present value such sums as are required 
     for the reimbursement described in the Agreement.
       (d) Payment of Costs.--In addition to amounts paid to the 
     Secretary under subsection (c), the Association and the 
     District shall, in accordance with the Agreement, pay the 
     Secretary--
       (1) any necessary and reasonable administrative and real 
     estate transfer costs incurred by the Secretary in carrying 
     out the conveyance; and
       (2) \1/2\ of any necessary and reasonable costs associated 
     with complying with--
       (A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.); and
       (C)(i) the National Historic Preservation Act (16 U.S.C. 
     470 et seq.); and
       (ii) any other Federal cultural resource laws.
       (e) Compliance With Environmental Laws.--
       (1) In general.--Before conveying land and facilities under 
     subsections (a) and (b), the Secretary shall comply with all 
     applicable requirements under--
       (A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.); and

[[Page S10270]]

       (C) any other law applicable to the land and facilities.
       (2) Effect.--Nothing in this Act modifies or alters any 
     obligations under--
       (A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); or
       (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.).

     SEC. 4. EXISTING CONTRACTS.

       (a) Deer Creek Division Construction Contract.--
     Notwithstanding the conveyances under subsections (a) and 
     (b)(1) of section 3 and subject to the terms of the 
     Agreement, any portion of the Deer Creek Division, Provo 
     River Project, Utah, that is not conveyed under that section 
     shall continue to be operated and maintained by the 
     Association, in accordance with the contract numbered I1r-
     874, dated June 27, 1936, and entitled the ``Contract Between 
     the United States and Provo River Water Users Association 
     Providing for the Construction of the Deer Creek Division of 
     the Provo River Project, Utah''.
       (b) Provo River Project and Jordan Aqueduct System 
     Contracts.--Subject to the terms of the Agreement, any 
     written contract of the United States in existence on the 
     date of enactment of this Act relating to the operation and 
     maintenance of any division or facility of the Provo River 
     Project or the Jordan Aqueduct System is confirmed and 
     declared to be a valid contract of the United States that is 
     enforceable in accordance with the express terms of the 
     contract.
       (c) Use of Central Utah Project Water.--
       (1) In general.--Subject to paragraph (2), any entity with 
     contractual Provo Reservoir Canal or Salt Lake Aqueduct 
     capacity rights in existence on the date of enactment of this 
     Act may, in addition to the uses described in the existing 
     contracts, use the capacity rights, without additional charge 
     or further approval from the Secretary, to transport Central 
     Utah Project water on behalf of the entity or others.
       (2) Limitations.--An entity shall not use the capacity 
     rights to transport Central Utah Project water under 
     paragraph (1) unless--
       (A) the transport of the water is expressly authorized by 
     the Central Utah Water Conservancy District;
       (B) the use of the water facility to transport Central Utah 
     Project water is expressly authorized by the entity 
     responsible for operation and maintenance of the facility; 
     and
       (C) carrying Central Utah Project water through Provo River 
     Project facilities would not--
       (i) materially impair the ability of the Central Utah Water 
     Conservancy District or the Secretary to meet existing 
     express environmental commitments for the Bonneville Unit; or
       (ii) require the release of additional Central Utah Project 
     water to meet those environmental commitments.
       (d) Authorized Modifications.--The Agreement may provide 
     for--
       (1) the modification of the 1936 Repayment Contract for the 
     Deer Creek Division of the Provo River Project to reflect the 
     partial prepayment, the adjustment of the annual repayment 
     amount, and the transfer of the Provo Reservoir Canal and the 
     Pleasant Grove Property; and
       (2) the modification or termination of the 1938 Repayment 
     Contract for the Aqueduct Division of the Provo River Project 
     to reflect the complete payout and transfer of all facilities 
     of the Aqueduct Division.
       (e) Effect of Act.--Nothing in this Act impairs any 
     contract (including subscription contracts) in effect on the 
     date of enactment of this Act that allows for or creates a 
     right to convey water through the Provo Reservoir Canal.

     SEC. 5. EFFECT OF CONVEYANCE.

       On conveyance of any land or facility under subsection (a) 
     or (b)(1) of section 3--
       (1) the land and facilities shall no longer be part of a 
     Federal reclamation project;
       (2) the Association and the District shall not be entitled 
     to receive any future reclamation benefits with respect to 
     the land and facilities, except for benefits that would be 
     available to other nonreclamation facilities; and
       (3) the United States shall not be liable for damages 
     arising out of any act, omission, or occurrence relating to 
     the land and facilities, but shall continue to be liable for 
     damages caused by acts of negligence committed by the United 
     States or by any employee or agent of the United States 
     before the date of conveyance, consistent with chapter 171 of 
     title 28, United States Code.

     SEC. 6. REPORT.

       If a conveyance required under subsection (a) or (b)(1) of 
     section 3 is not completed by the date that is 18 months 
     after the date of enactment of this Act, the Secretary shall 
     submit to Congress a report that--
       (1) describes the status of the conveyance;
       (2) describes any obstacles to completing the conveyance; 
     and
       (3) specifies an anticipated date for completion of the 
     conveyance.
                                 ______
                                 
  SA 3948. Mr. FRIST (for Mr. Shelby (for himself and Mr. Sarbanes)) 
proposed an amendment to the bill H.R. 1533, to amend the securities 
laws to permit church pension plans to be invested in collective 
trusts; as follows:

       On page 2, strike lines 17 through 22 and insert the 
     following:
       ``(2) by striking `other than any plan described in clause 
     (A), (B), or (C)' and inserting the following: `or (D) a 
     church plan, company, or account that is excluded from the 
     definition of an investment company under section 3(c)(14) of 
     the Investment Company Act of 1940, other than any plan 
     described in subparagraph (A), (B), (C), or (D)'.''.
                                 ______
                                 
  SA 3949. Ms. MURKOWSKI submitted an amendment intended to be proposed 
by her to the bill S. 1466, to facilitate the transfer of land in the 
State of Alaska, and for other purposes; which was referred to the 
Committee on Energy and Natural Resources; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Alaska 
     Land Transfer Acceleration Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

               TITLE I--STATE SELECTIONS AND CONVEYANCES

Sec. 101. Community grant selections and conveyances.
Sec. 102. Prioritization of land to be conveyed.
Sec. 103. Selection of certain reversionary interests held by the 
              United States.
Sec. 104. Effect of hydroelectric withdrawals.
Sec. 105. Entitlement for the University of Alaska.
Sec. 106. Settlement of remaining entitlement.
Sec. 107. Effect of Federal mining claims.
Sec. 108. Land mistakenly relinquished or omitted.

             TITLE II--ALASKA NATIVE CLAIMS SETTLEMENT ACT

Sec. 201. Land available after selection period.
Sec. 202. Combined entitlements.
Sec. 203. Authority to convey by whole section.
Sec. 204. Conveyance of cemetery sites and historical places.
Sec. 205. Allocations based on population.
Sec. 206. Authority to withdraw land.
Sec. 207. Report on withdrawals.
Sec. 208. Automatic segregation of land for underselected Village 
              Corporations.
Sec. 209. Settlement of remaining entitlement.

                      TITLE III--NATIVE ALLOTMENTS

Sec. 301. Correction of conveyance documents.
Sec. 302. Title recovery of Native allotments.
Sec. 303. Native allotment revisions on land selected by or conveyed to 
              a Native Corporation.
Sec. 304. Compensatory acreage.
Sec. 305. Reinstatements and reconstructions.
Sec. 306. Amendments to section 41 of the Alaska Native Claims 
              Settlement Act.

        TITLE IV--FINAL PRIORITIES; CONVEYANCE AND SURVEY PLANS

Sec. 401. Deadline for establishment of regional plans.
Sec. 402. Deadline for establishment of village plans.
Sec. 403. Final prioritization of ANCSA selections.
Sec. 404. Final prioritization of State selections.

            TITLE V--ALASKA LAND CLAIMS HEARINGS AND APPEALS

Sec. 501. Alaska land claims hearings and appeals.

          TITLE VI--REPORT AND AUTHORIZATION OF APPROPRIATIONS

Sec. 601. Report.
Sec. 602. Authorization of appropriations.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Native allotment.--The term ``Native allotment'' means 
     an allotment claimed under the Act of May 17, 1906 (34 Stat. 
     197, chapter 2469).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) State.--The term ``State'' means the State of Alaska.

               TITLE I--STATE SELECTIONS AND CONVEYANCES

     SEC. 101. COMMUNITY GRANT SELECTIONS AND CONVEYANCES.

       (a) In General.--Section 6 of Public Law 85-508 (commonly 
     known as the ``Alaska Statehood Act'') (72 Stat. 340) is 
     amended by adding at the end the following:
       ``(n) The minimum tract selection size is waived with 
     respect to a selection made by the State of Alaska under 
     subsection (a) for the following selections:


[[Page S10271]]



------------------------------------------------------------------------
  National Forest Community
   Grant Application Number              Area Name            Est. Acres
------------------------------------------------------------------------
209                            Yakutat Airport Addition....          111
264                            Bear Valley (Portage).......          120
284                            Hyder-Fish Creek............           61
310                            Elfin Cove..................           37
384                            Edna Bay Admin Site.........           37
390                            Point Hilda.................       29.''.
------------------------------------------------------------------------

       (b) Community Grant Selections.--Section 6 of Public Law 
     85-508 (commonly known as the ``Alaska Statehood Act'') (72 
     Stat. 340) (as amended by subsection (a)) is amended by 
     adding at the end the following:
       ``(o)(1) The State of Alaska may elect to convert a 
     selection filed under subsection (b) to a selection under 
     subsection (a) by notifying the Secretary of the Interior in 
     writing.
       ``(2) If the State of Alaska makes an election under 
     paragraph (1), the entire selection shall be converted to a 
     selection under subsection (a).
       ``(3) The Secretary of the Interior shall not convey a 
     total of more than 400,000 acres of public domain land 
     selected under subsection (a) or converted under paragraph 
     (1) to a public domain selection under subsection (a).
       ``(4) Conversion of a selection under paragraph (1) shall 
     not increase the survey obligation of the United States with 
     respect to the land converted.
       ``(p) All selection applications of the State of Alaska 
     that are on file with the Secretary of the Interior under the 
     public domain provisions of subsection (a) on the date of 
     enactment of this subsection and any selection applications 
     that are converted to a subsection (a) selection under 
     subsection (o)(1) are approved as suitable for community or 
     recreational purposes.''.

     SEC. 102. PRIORITIZATION OF LAND TO BE CONVEYED.

       Section 906(h)(2) of the Alaska National Interest Lands 
     Conservation Act (43 U.S.C. 1635(h)(2)) is amended--
       (1) by striking ``(2) As soon as practicable'' and 
     inserting the following:
       ``(2)(A) As soon as practicable'';
       (2) by striking ``The sequence of'' and inserting the 
     following:
       ``(B)(i) The sequence of''; and
       (3) by adding at the end the following:
       ``(ii) In establishing the priorities for tentative 
     approval under clause (i), the State shall--
       ``(I) in the case of a selection under section 6(a) of 
     Public Law 85-508 (commonly known as the `Alaska Statehood 
     Act') (72 Stat. 340), include all land selected; or
       ``(II) in the case of a selection under section 6(b) of 
     that Act--
       ``(aa) include at least 5,760 acres; or
       ``(bb) if a waiver has been granted under section 6(g) of 
     that Act or less than 5,760 acres of the entitlement remains, 
     prioritize the selection in such increments as are available 
     for conveyance.''.

     SEC. 103. SELECTION OF CERTAIN REVERSIONARY INTERESTS HELD BY 
                   THE UNITED STATES.

       (a) In General.--All reversionary interests held by the 
     United States in land owned by the State or any political 
     subdivision of the State and any Federal land leased by the 
     State under the Act of August 23, 1950 (25 U.S.C. 293b), or 
     the Act of June 4, 1953 (25 U.S.C. 293a), that is prioritized 
     for conveyance by the State under section 906(h)(2) of the 
     Alaska National Interest Lands Conservation Act (43 U.S.C. 
     1635(h)(2))--
       (1) are deemed to be selected; and
       (2) may, with the concurrence of the Secretary or the head 
     of the Federal agency with administrative jurisdiction over 
     the land, be conveyed under section 6 of Public Law 85-508 
     (commonly known as the ``Alaska Statehood Act'') (72 Stat. 
     340).
       (b) Effect on Entitlement.--If, before the date of 
     enactment of this Act, the entitlement of the State has not 
     been charged with respect to a parcel for which a 
     reversionary interest is conveyed under subsection (a), the 
     total acreage of the parcel shall be charged against the 
     remaining entitlement of the State.
       (c) Minimum Acreage Requirement Not Applicable.--The 
     minimum acreage requirement under subsections (a) and (b) of 
     section 6 of Public Law 85-508 (commonly known as the 
     ``Alaska Statehood Act'') (72 Stat. 340) shall not apply to 
     the selection of reversionary interests under subsection (a).
       (d) State Waiver.--On conveyance to the State of any 
     reversionary interest selected under subsection (a), the 
     State shall be deemed to have waived all right to any future 
     credit should the reversion not occur.
       (e) Limitation.--This section shall not apply to--
       (1) reversionary interests in land acquired by the United 
     States through the use of amounts from the Exxon Valdez Oil 
     Spill Trust Fund; or
       (2) reversionary interests in any land conveyed to the 
     State as a result of the ``Terms and Conditions for Land 
     Consolidation and Management in Cook Inlet Area'' as ratified 
     by section 12 of Public Law 94-204 (43 U.S.C. 1611 note).

     SEC. 104. EFFECT OF HYDROELECTRIC WITHDRAWALS.

       (a) Land Withdrawn, Reserved, or Classified for Power Site 
     or Power Project Purposes.--If the State has filed a future 
     selection application under section 906(e) of the Alaska 
     National Interest Lands Conservation Act (43 U.S.C. 1635(e)) 
     for land withdrawn, reserved, or classified for power site or 
     power project purposes, notwithstanding the withdrawal, 
     reservation, or classification for power site or power 
     project purposes, the following parcels of land shall be 
     deemed to be vacant, unappropriated, and unreserved within 
     the meaning of Public Law 85-508 (commonly known as the 
     ``Alaska Statehood Act'') (72 Stat. 339):

------------------------------------------------------------------------
                                                     General Selection
   Serial Number              Area Name             Application Number
------------------------------------------------------------------------
AKAA 058747         Bradley Lake................  GS 5141
AKAA 058848         Bradley Lake................  GS 44
AKAA 058266         Eagle River/Ship Creek/       GS 1429
                     Peters Creek.
AKAA 058265         Eagle River/Ship Creek/       GS 1209
                     Peters Creek.
AKAA 058374         Salmon Creek................  GS 327
AKF 031321          Nenana River................  GS 2182
AKAA 059056         Solomon Gulch at Valdez.....  GS 86
AKFF 085798         Kruzgamepa River Pass Creek.  GS 4096.
------------------------------------------------------------------------

       (b) Limitation.--Subsection (a) does not apply to any land 
     that is--
       (1) located within the boundaries of a conservation system 
     unit (as defined in section 102 of the Alaska National 
     Interest Lands Conservation Act (16 U.S.C. 3102)); or
       (2) otherwise unavailable for conveyance under Public Law 
     85-508 (commonly known as the ``Alaska Statehood Act'') (72 
     Stat. 339).
       (c) Requirement Applicable to National Forest System 
     Land.--Any land described in subsection (a) that is in a unit 
     of the National Forest System shall not be conveyed unless 
     the Secretary of Agriculture approved the State selection 
     before January 3, 1994.
       (d) Requirements Applicable to Hydroelectric Applications 
     and Licensed Projects.--
       (1) Hydroelectric applications.--Any selection of land 
     described in subsection (a) that is included in a 
     hydroelectric application--
       (A) shall be subject to the jurisdiction of the Federal 
     Energy Regulatory Commission; and
       (B) shall not be conveyed while the hydroelectric 
     application is pending.
       (2) Licensed project.--Any selection of land described in 
     subsection (a) that is included in a licensed project shall 
     be subject to--
       (A) the jurisdiction of the Federal Energy Regulatory 
     Commission;
       (B) the rights of third parties; and
       (C) the right of reentry under section 24 of the Federal 
     Power Act (16 U.S.C. 818).
       (e) Effect of Section.--Nothing in this section negates or 
     diminishes any right of an applicant to petition for 
     restoration and opening of land withdrawn or classified for 
     power purposes under section 24 of the Federal Power Act (16 
     U.S.C. 818).

     SEC. 105. ENTITLEMENT FOR THE UNIVERSITY OF ALASKA.

       (a) In General.--As of January 1, 2003, the remaining State 
     entitlement for the benefit of the University of Alaska under 
     the Act of January 21, 1929 (45 Stat. 1091, chapter 92), is 
     456 acres.
       (b) Reversionary Interests.--The Act of January 21, 1929 
     (45 Stat. 1091, chapter 92), is amended by adding at the end 
     the following:
       ``Sec. 3. (a) The State of Alaska (referred to in this Act 
     as the `State'), acting on behalf of, and with the approval 
     of, the University of Alaska, may select--
       ``(1) any mineral interest (including an interest in oil or 
     gas) in land located in the State, the unreserved portion of 
     which is owned by the University of Alaska; or
       ``(2) any reversionary interest held by the United States 
     in land located in the State, the unreserved portion of which 
     is owned by the University of Alaska.
       ``(b) The total acreage of any parcel of land for which a 
     partial interest is conveyed under subsection (a) shall be 
     charged against the remaining entitlement of the State under 
     this Act.
       ``(c) In taking title to a reversionary interest, the 
     State, with the approval of the University of Alaska, waives 
     all right to any future acreage credit if the reversion does 
     not occur.
       ``Sec. 4. The Secretary may survey any vacant, 
     unappropriated, and unreserved land in the State for purposes 
     of allowing selections under this Act.
       ``Sec. 5. The authorized outstanding selections under this 
     Act shall be not more than--
       ``(1) 125 percent of the remaining entitlement; plus
       ``(2) the number of acres of land that are in conflict with 
     land owned by the University of Alaska, as identified in 
     Native allotment applications on record with the Bureau of 
     Land Management.''.

[[Page S10272]]

     SEC. 106. SETTLEMENT OF REMAINING ENTITLEMENT.

       (a) In General.--The Secretary may enter into a binding 
     written agreement with the State with respect to--
       (1) the exact number and location of acres of land 
     remaining to be conveyed under each entitlement established 
     or confirmed by Public Law 85-508 (commonly known as the 
     ``Alaska Statehood Act'') (72 Stat. 340), from--
       (A) the land selected by the State as of January 3, 1994; 
     and
       (B) selections under the Act of January 21, 1929 (45 Stat. 
     1091, chapter 92);
       (2) the priority in which the land is to be conveyed;
       (3) the relinquishment of selections which are not to be 
     conveyed; and
       (4) the survey of the exterior boundaries of the land to be 
     conveyed.
       (b) Consultation.--Before entering into an agreement under 
     subsection (a), the Secretary shall ensure that any concerns 
     or issues identified by any Federal agency potentially 
     affected are given consideration.
       (c) Errors.--The State, by entering into an agreement under 
     subsection (a), shall receive any gain or bear any loss that 
     results from errors in prior surveys, protraction diagrams, 
     or the computation of the ownership of third parties on any 
     land conveyed under an agreement entered into under 
     subsection (a).
       (d) Availability of Agreements.--Agreements entered into 
     under subsection (a) shall be available for public inspection 
     in the appropriate offices of the Department of the Interior.
       (e) Effect.--Nothing in this section increases the 
     entitlement provided to the State under Public Law 85-508 
     (commonly known as the ``Alaska Statehood Act'') (72 Stat. 
     340), or the Act of January 21, 1929 (45 Stat. 1091, chapter 
     92).

     SEC. 107. EFFECT OF FEDERAL MINING CLAIMS.

       (a) Conditional Relinquishments.--
       (1) In general.--To facilitate the conversion of Federal 
     mining claims to State mining claims, a Federal mining 
     claimant may file with the Secretary a voluntary 
     relinquishment of the Federal mining claim conditioned on 
     conveyance of the land to the State.
       (2) Conveyance of relinquished claim.--The Secretary may 
     convey the land described in the relinquished Federal mining 
     claim to the State.
       (3) Obligations under federal law.--Until the date on which 
     the land is conveyed under paragraph (2), a Federal mining 
     claimant shall be subject to any obligations relating to the 
     land under Federal law.
       (4) No relinquishment.--If the land previously encumbered 
     by the relinquished Federal mining claim is not conveyed to 
     the State under paragraph (2), the relinquishment of land 
     under paragraph (1) shall be of no effect.
       (b) Rights-of-Way; Other Interest.--On conveyance to the 
     State of a relinquished Federal mining claim under this 
     section, the State shall assume authority over any leases, 
     licenses, permits, rights-of-way, operating plans, other land 
     use authorizations, or reclamation obligations applicable to 
     the relinquished Federal mining claim on the date of 
     conveyance.

     SEC. 108. LAND MISTAKENLY RELINQUISHED OR OMITTED.

       Notwithstanding the selection deadlines under section 6(a) 
     of Public Law 85-508 (commonly known as the ``Alaska 
     Statehood Act'') (72 Stat. 340)--
       (1) the State selection application AA-17607 NFCG 75, 
     located in the Chugach National Forest, is reinstated to the 
     parcels of land originally selected in 1978, which are more 
     particularly described as--
       (A) S\1/2\ sec. 14, T. 11 S., R. 11 W., of the Copper River 
     Meridian;
       (B) S\1/2\ sec. 15, T. 11 S., R. 11 W., of the Copper River 
     Meridian;
       (C) E\1/2\SE\1/4\ sec. 16, T. 11 S., R. 11 W., of the 
     Copper River Meridian;
       (D) E\1/2\, E\1/2\W\1/2\, SW\1/4\SW\1/4\ sec. 21, T. 11 S., 
     R. 11 W., of the Copper River Meridian;
       (E) N\1/2\, SW\1/4\, N\1/2\SE\1/4\ sec. 22, T. 11 S., R. 11 
     W., of the Copper River Meridian;
       (F) N\1/2\, SW\1/4\, N\1/2\SE\1/4\ sec. 23, T. 11 S., R. 11 
     W., of the Copper River Meridian;
       (G) NW\1/4\ sec. 27, T. 11 S., R. 11 W., of the Copper 
     River Meridian; and
       (H) N\1/2\N\1/2\, SE\1/4\NE\1/4\ sec. 28, T. 11 S., R. 11 
     W., of the Copper River Meridian; and
       (2) the following parcels of land are considered topfiled 
     under section 906(e) of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 1635(e)):
       (A) The parcels of land omitted from the State's topfiling 
     of the Utility and Transportation Corridor, and other parcels 
     of land encompassing the Trans-Alaskan Pipeline System, 
     withdrawn by Public Land Order No. 5150 (except for any land 
     within the boundaries of a conservation system unit), which 
     are more particularly described as--
       (i) secs. 1-30, 32-36, T. 27 N., R. 11 W., of the Fairbanks 
     Meridian;
       (ii) secs. 10, 13--18, 21-28, and 33-36, T. 20 N., R. 13 
     W., of the Fairbanks Meridian;
       (iii) secs. 13, 14, and 15, T. 20 N., R. 14 W., of the 
     Fairbanks Meridian;
       (iv) secs. 1-5, 8-17, and 20-28, T. 19 N., R. 13 W., of the 
     Fairbanks Meridian;
       (v) secs. 29-32, T. 20 N., R. 16 W., of the Fairbanks 
     Meridian;
       (vi) secs. 5-11, 14-23, and 25-36, T. 19 N., R. 16 W., of 
     the Fairbanks Meridian;
       (vii) secs. 30 and 31, T. 19 N., R. 15 W., of the Fairbanks 
     Meridian;
       (viii) secs. 5 and 6, T. 18 N., R. 15 W., of the Fairbanks 
     Meridian;
       (ix) secs. 1-2 and 7-34, T. 16 N., R. 14 W., of the 
     Fairbanks Meridian; and
       (x) secs. 4-9, T. 15 N., R. 14 W., of the Fairbanks 
     Meridian.
       (B) Secs. 1, 2, 11-14, T. 10 S., R. 42 W., of the Seward 
     Meridian.

             TITLE II--ALASKA NATIVE CLAIMS SETTLEMENT ACT

     SEC. 201. LAND AVAILABLE AFTER SELECTION PERIOD.

       (a) In General.--To make certain Federal land available for 
     conveyance to a Native Corporation that has sufficient 
     remaining entitlement, the Secretary may waive the filing 
     deadlines under sections 12 and 16 of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1611, 1615) if--
       (1) the Federal land is--
       (A) located in a township in which all or any part of a 
     Native Village is located; or
       (B) surrounded by--
       (i) land that is owned by the Native Corporation; or
       (ii) selected land that will be conveyed to the Native 
     Corporation;
       (2) the Federal land--
       (A) became available after the end of the original 
     selection period;
       (B)(i) was not selected by the Native Corporation because 
     the Federal land was subject to a competing claim or entry; 
     and
       (ii) the competing claim or entry has lapsed; or
       (C) was previously an unavailable Federal enclave within a 
     Native selection withdrawal area;
       (3)(A) the Secretary provides the Native Corporation with a 
     specific time period in which to decline the Federal land; 
     and
       (B) the Native Corporation does not submit to the Secretary 
     written notice declining the land within the period 
     established under subparagraph (A); and
       (4) the State has voluntarily relinquished any valid State 
     selection or top-filing for the Federal land.
       (b) Congressional Action.--Subsection (a) shall not apply 
     to a parcel of Federal land if Congress has specifically made 
     other provisions for disposition of the parcel of Federal 
     land.

     SEC. 202. COMBINED ENTITLEMENTS.

       Section 12 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1611) is amended--
       (1) in the second sentence of subsection (b), by striking 
     ``Regional Corporation shall'' and inserting ``Regional 
     Corporation shall, not later than October 1, 2005,''; and
       (2) by adding at the end the following:
       ``(f)(1) The entitlements received by any Village 
     Corporation under subsection (a) and the reallocations made 
     to the Village Corporation under subsection (b) may be 
     combined, at the discretion of the Secretary, without--
       ``(A) increasing or decreasing the combined entitlement; or
       ``(B) increasing the limitation on selections of Wildlife 
     Refuge System land, National Forest System land, or State-
     selected land under subsection (a).
       ``(2) The combined entitlement under paragraph (1) may be 
     fulfilled from selections under subsection (a) or (b) without 
     regard to the entitlement specified in the selection 
     application.
       ``(3) All selections under a combined entitlement under 
     paragraph (1) shall be adjudicated and conveyed in compliance 
     with this Act.
       ``(4) Except in a case in which a survey has been 
     contracted for before the date of enactment of this 
     subsection, the combination of entitlements under paragraph 
     (1) shall not require separate patents or surveys, to 
     distinguish between conveyances made to a Village Corporation 
     under subsections (a) and (b).''.

     SEC. 203. AUTHORITY TO CONVEY BY WHOLE SECTION.

       Section 14(d) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1613(d)) is amended--
       (1) by striking ``(d) the Secretary'' and inserting the 
     following:
       ``(d)(1) The Secretary''; and
       (2) by adding at the end the following:
       ``(2) For purposes of applying the rule of approximation 
     under this section, the largest legal subdivision that may be 
     conveyed in excess of the applicable acreage limitation 
     specified in subsection (a) shall be--
       ``(A) in the case of land managed by the Bureau of Land 
     Management that is not within a conservation system unit, the 
     next whole section;
       ``(B) in the case of land managed by an agency other than 
     the Bureau of Land Management that is not within a 
     conservation system unit, the next quarter-section and only 
     with concurrence of the agency; or
       ``(C) in the case of land within a conservation system 
     unit, a quarter of a quarter section, and if the land is 
     managed by an agency other than the Bureau of Land 
     Management, only with the concurrence of that agency.
       ``(3)(A) If the Secretary determines pursuant to paragraph 
     (2) that an entitlement of a Village Corporation (other than 
     a Village Corporation listed in section 16(a)) or a Regional 
     Corporation may be fulfilled by conveying a specific tract of 
     surveyed or unsurveyed land, the Secretary and the affected 
     Village or Regional Corporation may enter into an agreement 
     providing that all land entitlements under this Act shall be 
     deemed satisfied by conveyance of the specifically identified 
     and agreed upon tract of land.

[[Page S10273]]

       ``(B) An agreement entered into under subparagraph (A) 
     shall be--
       ``(i) in writing;
       ``(ii) executed by the Secretary and the Village or 
     Regional Corporation; and
       ``(iii) authorized by a corporate resolution adopted by the 
     affected Village or Regional Corporation.
       ``(C) After execution of an agreement under subparagraph 
     (A) and conveyance of the agreed upon tract to the affected 
     Village or Regional Corporation--
       ``(i) the Secretary shall not make any further adjustments 
     to calculations relating to acreage entitlements of the 
     Village or Regional Corporation; and
       ``(ii) the Village or Regional Corporation shall not be 
     entitled to any further conveyances under this Act.
       ``(D) A Village or Regional Corporation shall not be 
     eligible to receive land under subparagraph (A) if the 
     Village or Regional Corporation has received the full land 
     entitlement of the Village or Regional Corporation through--
       ``(i) an actual conveyance of land; or
       ``(ii) a previous agreement.
       ``(E) If the calculations of the Secretary indicate that 
     the final survey boundaries for any Village or Regional 
     Corporation entitlement for which an agreement has not been 
     entered into under this paragraph include acreage in a 
     quantity that exceeds the statutory entitlement of the 
     corporation by \1/10\ of 1 percent or less, but not more than 
     the applicable acreage limitation specified in paragraph 
     (2)--
       ``(i) the entitlement shall be considered satisfied by the 
     conveyance of the surveyed area; and
       ``(ii) the Secretary shall not change the survey for the 
     sole purpose of an acreage adjustment.
       ``(F) This paragraph does not limit or otherwise affect the 
     ability of a Village or Regional Corporation to enter into 
     land exchanges with the United States.''.

     SEC. 204. CONVEYANCE OF CEMETERY SITES AND HISTORICAL PLACES.

       Section 14(h)(1) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1613(h)(1)) is amended--
       (1) by striking ``(1) The Secretary'' and inserting the 
     following:
       ``(1)(A) The Secretary'';
       (2) by striking ``Only title'' and inserting the following:
       ``(B) Only title''; and
       (3) by adding at the end the following:
       ``(C)(i) Notwithstanding acreage allocations made before 
     the date of enactment of this subparagraph, the Secretary may 
     convey any cemetery site or historical place--
       ``(I) with respect to which there is an application on 
     record with the Secretary on the date of enactment of this 
     paragraph; and
       ``(II) that is eligible for conveyance.
       ``(ii) Clause (i) shall also apply to any of the 188 closed 
     applications that are determined to be eligible and 
     reinstated under Secretarial Order No. 3220 dated January 5, 
     2001.
       ``(D) No applications submitted for the conveyance of land 
     under subparagraph (A) that were closed before the date of 
     enactment of this paragraph may be reinstated other than 
     those specified in subparagraph (C)(ii).
       ``(E) After the date of enactment of this paragraph--
       ``(i) no application may be filed for the conveyance of 
     land under subparagraph (A); and
       ``(ii) no pending application may be amended, except as 
     necessary to conform the application to the description in 
     the certification of eligibility of the Bureau of Indian 
     Affairs.
       ``(F) Unless, not later than 1 year after the date of 
     enactment of this paragraph, a Regional Corporation that has 
     filed an application for a historic place submits to the 
     Secretary a statement on the significance of and the location 
     of the historic place--
       ``(i) the application shall not be valid; and
       ``(ii) the Secretary shall reject the application.
       ``(G) The State and the head of the Federal agency with 
     administrative jurisdiction over the land shall have 30 days 
     to provide written comments to the Secretary--
       ``(i) identifying any third party interest to which a 
     conveyance under subparagraph (A) should be made subject; and
       ``(ii) describing any easements recommended for 
     reservation.''.

     SEC. 205. ALLOCATIONS BASED ON POPULATION.

       Section 14(h)(8) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1613(h)(8)) is amended by adding at the end the 
     following:
       ``(C)(i) Notwithstanding any other provision of this 
     subsection, as soon as practicable after enactment of this 
     subparagraph, the Secretary shall allocate to a Regional 
     Corporation eligible for an allocation under subparagraph (A) 
     the Regional Corporation's share of 200,000 acres from lands 
     withdrawn under this subsection, to be credited against 
     acreage to be allocated to the Regional Corporation under 
     subparagraph (A).
       ``(ii) Clause (i) shall apply to Chugach Alaska Corporation 
     pursuant to the terms of the 1982 CNI Settlement Agreement.
       ``(iii) With respect to Cook Inlet Region, Inc., or Koniag, 
     Inc.--
       ``(I) clause (i) shall not apply; and
       ``(II) the portion of the 200,000 acres allocated to Cook 
     Inlet Region Inc. or Koniag, Inc., shall be retained by the 
     United States.
       ``(iv) This subparagraph shall not affect any prior 
     agreement entered into by a Regional Corporation other than 
     the agreements specifically referred to in this 
     subparagraph.''.

     SEC. 206. AUTHORITY TO WITHDRAW LAND.

       Section 14(h)(10) of the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1613(h)(10)) is amended--
       (1) by striking ``(10) Notwithstanding'' and inserting the 
     following:
       ``(10)(A) Notwithstanding''; and
       (2) by adding at the end the following:
       ``(B) If a Regional Corporation does not have enough valid 
     selections on file to fulfill the remaining entitlement of 
     the Regional Corporation under paragraph (8), the Secretary 
     may use the withdrawal authority under subparagraph (A) to 
     withdraw land that is vacant, unappropriated, and unreserved 
     on the date of enactment of this subparagraph for selection 
     by, and conveyance to, the Regional Corporation to fulfill 
     the entitlement.''.

     SEC. 207. REPORT ON WITHDRAWALS.

       Not later than 18 months after the date of enactment of 
     this Act, the Secretary shall--
       (1) review the withdrawals made pursuant to section 
     17(d)(1) of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1616(d)(1)) to determine if any portion of the lands 
     withdrawn pursuant to that provision can be opened to 
     appropriation under the public land laws or if their 
     withdrawal is still needed to protect the public interest in 
     those lands;
       (2) provide an opportunity for public notice and comment, 
     including recommendations with regard to lands to be reviewed 
     under paragraph (1); and
       (3) submit to the Committee on Energy and Natural Resources 
     of the Senate and the Committee on Resources of the House of 
     Representatives a report that identifies any portion of the 
     lands so withdrawn that can be opened to appropriation under 
     the public land laws consistent with the protection of the 
     public interest in these lands.

     SEC. 208. AUTOMATIC SEGREGATION OF LAND FOR UNDERSELECTED 
                   VILLAGE CORPORATIONS.

       Section 22(j) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1621(j)) is amended by adding at the end the 
     following:
       ``(3) In lieu of withdrawal under paragraph (2), land may 
     be segregated from all other forms of appropriation for the 
     purposes described in that paragraph if--
       ``(A) the Secretary and the Village Corporation enter into 
     an agreement identifying the land for selection; and
       ``(B) the Village Corporation files an application for 
     selection of the land.''.

     SEC. 209. SETTLEMENT OF REMAINING ENTITLEMENT.

       (a) In General.--The Secretary may enter into a written 
     agreement with a Native Corporation relating to--
       (1) the land remaining to be conveyed to the Native 
     Corporation under the Alaska Native Claims Settlement Act (43 
     U.S.C. 1601 et seq.) from land selected as of September 1, 
     2004, or land made available under section 201, 206, or 208 
     of this Act;
       (2) the priority in which the land is to be conveyed;
       (3) the relinquishment of selections which are not to be 
     conveyed;
       (4) the selection entitlement to which selections are to be 
     charged, regardless of the entitlement under which originally 
     selected;
       (5) the survey of the exterior boundaries of the land to be 
     conveyed;
       (6) the additional survey to be performed under section 
     14(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 
     1613(c)); and
       (7) the resolution of conflicts with Native allotment 
     applications.
       (b) Requirements.--An agreement under subsection (a)--
       (1) shall be authorized by a resolution of the Native 
     Corporation entering into the agreement; and
       (2) shall include a statement that the entitlement of the 
     Native Corporation shall be considered complete on execution 
     of the agreement.
       (c) Correction of Conveyance Documents.--In an agreement 
     under subsection (a), the Secretary and the Native 
     Corporation may agree to make technical corrections to the 
     legal description in the conveyance documents for easements 
     previously reserved so that the easements provide the access 
     intended by the original reservation.
       (d) Consultation.--Before entering into an agreement under 
     subsection (a), the Secretary shall ensure that the concerns 
     or issues identified by the State and all Federal agencies 
     potentially affected by the agreement are given 
     consideration.
       (e) Errors.--Any Native Corporation entering into an 
     agreement under subsection (a) shall receive any gain or bear 
     any loss resulting from errors in prior surveys, protraction 
     diagrams, or computation of the ownership of third parties on 
     any land conveyed.
       (f) Effect.--
       (1) In general.--An agreement under subsection (a) shall 
     not--
       (A) affect the obligations of Native Corporations under 
     prior agreements; or
       (B) result in a Native Corporation relinquishing valid 
     selections of land in order to qualify for the withdrawal of 
     other tracts of land.
       (2) Effect on subsurface rights.--The terms of an agreement 
     entered into under subsection (a) shall be binding on a 
     Regional Corporation with respect to the location and 
     quantity of subsurface rights of the Regional Corporation 
     under section 14(f) of the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1613(f)).

[[Page S10274]]

       (3) Effect on entitlement.--Nothing in this section 
     increases the entitlement provided to any Native Corporation 
     under--
       (A) the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
     et seq.); or
       (B) the Alaska National Interest Lands Conservation Act (16 
     U.S.C. 3101 et seq.).
       (g) Boundaries of a Native Village.--An agreement entered 
     into under subsection (a) may not define the boundaries of a 
     Native Village.
       (h) Availability of Agreements.--An agreement entered into 
     under subsection (a) shall be available for public inspection 
     in the appropriate offices of the Department of the Interior.

                      TITLE III--NATIVE ALLOTMENTS

     SEC. 301. CORRECTION OF CONVEYANCE DOCUMENTS.

       Section 18 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1617) is amended by adding at the end the following:
       ``(d)(1) If an allotment application is valid or would have 
     been approved under section 905 of the Alaska National 
     Interests Lands Conservation Act (43 U.S.C. 1634) had the 
     land described in the application been in Federal ownership 
     on December 2, 1980, the Secretary may correct a conveyance 
     to a Native Corporation or to the State that includes land 
     described in the allotment application to exclude the 
     described allotment land with the written concurrence of the 
     Native Corporation or the State.
       ``(2) A written concurrence shall--
       ``(A) include a finding that the land description proposed 
     by the Secretary is acceptable; and
       ``(B) attest that the Native Corporation or the State has 
     not--
       ``(i) granted any third party rights or taken any other 
     action that would affect the ability of the United States to 
     convey full title under the Act of May 17, 1906 (34 Stat. 
     197, chapter 2469); and;
       ``(ii) stored or allowed the deposit of hazardous waste on 
     the land.
       ``(3) On receipt of an acceptable written concurrence, the 
     Secretary, shall--
       ``(A) issue a corrected conveyance document to the State or 
     Native Corporation, as appropriate; and
       ``(B) issue a certificate of allotment to the allotment 
     applicant.
       ``(4) No documents of reconveyance from the State or an 
     Alaska Native Corporation or evidence of title, other than 
     the written concurrence and attestation described in 
     paragraph (2), are necessary to use the procedures authorized 
     by this subsection.''.

     SEC. 302. TITLE RECOVERY OF NATIVE ALLOTMENTS.

       (a) In General.--In lieu of the process for the correction 
     of conveyance documents available under subsection (d) of 
     section 18 of the Alaska Native Claims Settlement Act (as 
     added by section 301), any Native Corporation may elect to 
     reconvey all of the land encompassed by an allotment claim or 
     a portion of the allotment claim agreeable to the applicant 
     in satisfaction of the entire claim by tendering a valid and 
     appropriate deed to the United States.
       (b) Certificate of Allotment.--If the United States 
     determines that the allotment is valid or would have been 
     approved under section 905 of the Alaska National Interests 
     Lands Conservation Act (42 U.S.C. 1634) had the land 
     described in the allotment application been in Federal 
     ownership on December 2, 1980, and obtains title evidence 
     acceptable under the Department of Justice title standards, 
     the United States shall accept the deed from the Native 
     Corporation and issue a certificate of allotment to the 
     allotment applicant.
       (c) Probate Not Required.--If the Native Corporation 
     reconveys the entire interest of the Native Corporation in 
     the allotment claim of a deceased applicant, the United 
     States may accept the deed and issue the certificate of 
     allotment without waiting for a determination of heirs or the 
     approval of a will.
       (d) No Liability.--The United States shall not be subject 
     to liability under Federal or State law for the presence of 
     any hazardous substance in land or an interest in land solely 
     as a result of any reconveyance to, and transfer by, the 
     United States of land or interests in land under this 
     section.

     SEC. 303. NATIVE ALLOTMENT REVISIONS ON LAND SELECTED BY OR 
                   CONVEYED TO A NATIVE CORPORATION.

       Section 18 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1617) (as amended by section 301) is amended by adding 
     at the end the following:
       ``(e)(1) An allotment applicant who had an application 
     pending before the Department of the Interior on December 18, 
     1971, and whose application is still open on the records of 
     the Department of the Interior as of the date of enactment of 
     this subsection may revise the land description in the 
     application to describe land other than the land that the 
     applicant originally intended to claim if--
       ``(A) the application--
       ``(i) describes land selected by or conveyed by interim 
     conveyance or patent to a Native Corporation formed to 
     receive benefits under this Act; or
       ``(ii) otherwise conflicts with an interest in land granted 
     to a Native Corporation by the United States;
       ``(B) the revised land description describes land selected 
     by or conveyed by interim conveyance or patent to a Native 
     Corporation of approximately equal acreage in substitution 
     for the land described in the original application;
       ``(C) the Director of the Bureau of Land Management has not 
     adopted a final plan of survey for the final entitlement of 
     the Native Corporation or its successor in interest; and
       ``(D) the Native Corporation that selected the land or its 
     successor in interest provides a corporate resolution 
     authorizing reconveyance or relinquishment to the United 
     States of the land, or interest in land, described in the 
     revised application.
       ``(2) The land description in an allotment application may 
     not be relocated under this section unless the Secretary has 
     determined--
       ``(A) that the allotment application is valid or would have 
     been approved under section 905 of the Alaska National 
     Interest Lands Conservation Act (43 U.S.C. 1634) had the land 
     in the allotment application been in Federal ownership on 
     December 2, 1980;
       ``(B) in consultation with the administering agency, that 
     the proposed revision would not create an isolated inholding 
     within a conservation system unit (as defined in section 102 
     of the Alaska National Interest Lands Conservation Act (16 
     U.S.C. 3102)); and
       ``(C) that the proposed revision will facilitate completion 
     of a land transfer in the State.
       ``(3)(A) On obtaining title evidence acceptable under 
     Department of Justice title standards and acceptance of a 
     reconveyance or relinquishment from a Native Corporation 
     under paragraph (1), the Secretary shall issue a Native 
     allotment certificate to the applicant for the land 
     reconveyed or relinquished by the Native Corporation.
       ``(B) Any allotment revised under this section shall, when 
     allotted, be made subject to any easement, trail, right-of-
     way, or any third-party interest (other than a fee interest) 
     in existence on the revised allotment land on the date of 
     revision.''.

     SEC. 304. COMPENSATORY ACREAGE.

       (a) In General.--The Secretary shall adjust the acreage 
     entitlement computation records for the State or an affected 
     Native Corporation to account for any difference in the 
     amount of acreage between the corrected description and the 
     previous description in any conveyance document as a result 
     of actions taken under section 18(d) of the Alaska Native 
     Claims Settlement Act (as added by section 301) or section 
     18(e) of the Alaska Native Claims Settlement Act (as added by 
     section 303), or for other voluntary reconveyances to the 
     United States for the purpose of facilitating land transfers 
     in the State.
       (b) Limitation.--No adjustment to the acreage conveyance 
     computations shall be made where the State or an affected 
     Native Corporation retains a partial estate in the described 
     allotment land.
       (c) Availability of Additional Land.--If, as a result of 
     implementation under section 18(d) of the Alaska Native 
     Claims Settlement Act (as added by section 301) or any 
     voluntary reconveyance to facilitate a land transfer, a 
     Village Corporation has insufficient remaining selections 
     from which to receive its full entitlement under the Alaska 
     Native Claims Settlement Act, the Secretary may use the 
     authority and procedures available under paragraph (3) of 
     section 22(j) of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1621(j)) (as added by section 208) to make additional 
     land available for selection by the Village Corporation.

     SEC. 305. REINSTATEMENTS AND RECONSTRUCTIONS.

       (a) In General.--Section 18 of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1617) (as amended by section 303) 
     is amended by adding at the end the following:
       ``(f)(1) If an applicant for a Native allotment filed under 
     the Act of May 17, 1906 (34 Stat. 197, chapter 2469) 
     petitions the Secretary to reinstate a previously closed 
     Native allotment application or to accept a reconstructed 
     copy of an application claimed to have been timely filed with 
     an agency of the Department of the Interior, the United 
     States--
       ``(A) may seek voluntary reconveyance of any land described 
     in the application that is reinstated or reconstructed after 
     the date of enactment of this subsection; but
       ``(B) shall not file an action in any court to recover 
     title from a current landowner.
       ``(2) A certificate of allotment that is issued for any 
     allotment application for which a request for reinstatement 
     or reconstruction is received or accepted after the date of 
     enactment of this subsection shall be made subject to any 
     Federal appropriation, trail, right-of-way, easement, or 
     existing third party interest of record, including third 
     party interests created by the State, without regard to the 
     date on which the Native allotment applicant initiated use 
     and occupancy.''.

     SEC. 306. AMENDMENTS TO SECTION 41 OF THE ALASKA NATIVE 
                   CLAIMS SETTLEMENT ACT.

       Section 41(b) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1629g(b)) is amended--
       (1) in paragraph (1)(A), by inserting before the semicolon 
     at the end the following: ``(except that the term 
     `nonmineral', as used in that Act, shall for the purpose of 
     this subsection be defined as provided in section 905(a)(3) 
     of the Alaska National Interests Lands Conservation Act (42 
     U.S.C. 1634(a)(3)), except that such definition shall not 
     apply to land within a conservation system unit)''; and
       (2) in paragraph (2)--
       (A) by redesignating subparagraphs (A), (B), and (C) as 
     clauses (i), (ii), and (iii), respectively, and indenting the 
     clauses appropriately;

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       (B) by inserting ``(A)'' after ``(2)'';
       (C) in clause (ii) (as redesignated by subparagraph (A)), 
     by inserting after ``Department of Veterans Affairs'' the 
     following: ``or based on other evidence acceptable to the 
     Secretary''; and
       (D) by adding at the end the following:
       ``(B)(i) If the Secretary requests that the Secretary of 
     Veterans Affairs make a determination whether a veteran died 
     as a direct consequence of a wound received in action, the 
     Secretary of Veterans Affairs shall, within 60 days of 
     receipt of the request--
       ``(I) provide a determination to the Secretary if the 
     records of the Department of Veterans Affairs contain 
     sufficient information to support such a determination; or
       ``(II) notify the Secretary that the records of the 
     Department of Veterans Affairs do not contain sufficient 
     information to support a determination and that further 
     investigation will be necessary.
       ``(ii) Not later than 1 year after notification to the 
     Secretary that further investigation is necessary, the 
     Department of Veterans Affairs shall complete the 
     investigation and provide a determination to the 
     Secretary.''.

        TITLE IV--FINAL PRIORITIES; CONVEYANCE AND SURVEY PLANS

     SEC. 401. DEADLINE FOR ESTABLISHMENT OF REGIONAL PLANS.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary, in coordination and 
     consultation with Native Corporations, other Federal land 
     management agencies, and the State, shall update and revise 
     the 12 preliminary Regional Conveyance and Survey Plans.
       (b) Inclusions.--The updated and revised plans under 
     subsection (a) shall identify any conflicts to be resolved 
     and recommend any actions that should be taken to facilitate 
     the finalization of land conveyances in a region by 2009.

     SEC. 402. DEADLINE FOR ESTABLISHMENT OF VILLAGE PLANS.

       Not later than 30 months after the date of enactment of 
     this Act, the Secretary, in coordination with affected 
     Federal land management agencies, the State, and Village 
     Corporations, shall complete a final closure plan with 
     respect to the entitlements for each Village Corporation 
     under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
     et seq.).

     SEC. 403. FINAL PRIORITIZATION OF ANCSA SELECTIONS.

       (a) In General.--Any Native Corporation that has not 
     received its full entitlement or entered into a voluntary, 
     negotiated settlement of final entitlement shall submit the 
     final, irrevocable priorities of the Native Corporation--
       (1) in the case of a Village, Group, or Urban Corporation 
     entitlement, not later than 36 months after the date of 
     enactment of this Act; and
       (2) in the case of a Regional Corporation entitlement, not 
     later than 42 months after the date of enactment of this Act.
       (b) Acreage Limitations.--The priorities submitted under 
     subsection (a) shall not exceed land that is the greater of--
       (1) not more than 125 percent of the remaining entitlement; 
     or
       (2) not more than 640 acres in excess of the remaining 
     entitlement.
       (c) Corrections.--
       (1) In general.--Except as provided in paragraph (2), the 
     priorities submitted under subsection (a) may not be revoked, 
     rescinded, or modified by the Native Corporation.
       (2) Technical corrections.--Not later than 90 days after 
     the date of receipt of a notification by the Secretary that 
     there appears to be a technical error in the priorities, the 
     Native Corporation may correct the technical error in 
     accordance with any recommendations of, and in a manner 
     prescribed by or acceptable to, the Secretary.
       (d) Relinquishment.--
       (1) In general.--As of the date on which the Native 
     Corporation submits its final priorities under subsection 
     (a)--
       (A) any unprioritized, remaining selections of the Native 
     Corporation--
       (i) are relinquished, but any part of the selections may be 
     reinstated for the purpose of correcting a technical error; 
     and
       (ii) have no further segregative effect; and
       (B) all withdrawals under sections 11 and 16 of the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1610, 1615) under the 
     relinquished selections are terminated.
       (2) Records.--All relinquishments under paragraph (1) shall 
     be included in Bureau of Land Management land records.
       (e) Failure To Submit Priorities.--If a Native Corporation 
     fails to submit priorities by the deadline specified in 
     subsection (a)--
       (1) with respect to a Native Corporation that has 
     priorities on file with the Secretary, the Secretary--
       (A) shall convey to the Native Corporation the remaining 
     entitlement of the Native Corporation, as determined based on 
     the most recent priorities of the Native Corporation on file 
     with the Secretary and in accordance with the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1601 et seq.); and
       (B) may reject any selections not needed to fulfill the 
     entitlement; or
       (2) with respect to a Native Corporation that does not have 
     priorities on file with the Secretary, the Secretary shall 
     satisfy the entitlement by conveying land selected by the 
     Secretary, in consultation with the appropriate Native 
     Corporation, the Federal land managing agency with 
     administrative jurisdiction over the land to be conveyed, and 
     the State, that, to the maximum extent practicable, is--
       (A) compact;
       (B) contiguous to land previously conveyed to the Native 
     Corporation; and
       (C) consistent with the applicable preliminary Regional 
     Conveyance and Survey Plan referred to in section 401.
       (f) Plan of Conveyance.--
       (1) In general.--The Secretary shall--
       (A) identify any Native Corporation that does not have 
     sufficient priorities on file;
       (B) develop priorities for the Native Corporation in 
     accordance with subsection (e); and
       (C) provide to the Native Corporation a plan of conveyance 
     based on the priorities developed under subparagraph (B).
       (2) Finalized selections.--Not later than 180 days after 
     the date on which the Secretary provides a plan of conveyance 
     to the affected Village, Group, or Urban Corporation and the 
     Regional Corporation, the Regional Corporation shall finalize 
     any Regional selections that are in conflict with land 
     selected by the Village, Group, or Urban Corporation that has 
     not been prioritized by the deadline under subsection (a)(1).
       (g) Dissolved or Lapsed Corporations.--
       (1)(A) If a Native Corporation is lapsed or dissolved at 
     the time final priorities are required to be filed under this 
     section and does not have priorities on file with the 
     Secretary, the Secretary shall establish a deadline for the 
     filing of priorities that shall be one year from the 
     provisions of notice of the deadline.
       (B) To fulfill the notice requirement under paragraph (1), 
     the Secretary shall--
       (i) publish notice of deadline to a lapsed or dissolved 
     Native Corporation in a newspaper of general circulation 
     nearest the locality where the affected land is located; and
       (ii) seek to notify in writing the last known shareholders 
     of the lapsed or dissolved corporation.
       (C) If a Native Corporation does not file priorities with 
     the Secretary before the deadline set pursuant to 
     subparagraph (A), the Secretary shall notify Congress.
       (2) If a Native Corporation with final priorities on file 
     with the Bureau of Land Management is lapsed or dissolved, 
     the United States--
       (A) shall continue to administer the prioritized selected 
     land under applicable law; but
       (B) may reject any selections not needed to fulfill the 
     lapsed or dissolved Native Corporation's entitlement.

     SEC. 404. FINAL PRIORITIZATION OF STATE SELECTIONS.

       (a) Filing of Final Priorities.--
       (1) In general.--The State shall, not later than the date 
     that is 4 years after the date of enactment of this Act, in 
     accordance with section 906(f)(1) of the Alaska National 
     Interest Lands Conservation Act (43 U.S.C. 1635(f)(1)), file 
     final priorities with the Secretary for all land grant 
     entitlements to the State which remain unsatisfied on the 
     date of the filing.
       (2) Ranking.--All selection applications on file with the 
     Secretary on the date specified in paragraph (1) shall--
       (A) be ranked on a Statewide basis in order of priority; 
     and
       (B) include an estimate of the acreage included in each 
     selection.
       (3) Inclusions.--The State shall include in the prioritized 
     list land which has been top-filed under section 906(e) of 
     the Alaska National Interest Lands Conservation Act (43 
     U.S.C. 1635(e)).
       (4) Acreage limitation.--
       (A) In general.--Acreage for top-filings shall not be 
     counted against the 125 percent limitation established under 
     section 906(f)(1) of the Alaska National Interest Lands 
     Conservation Act (43 U.S.C. 1635(f)(1)).
       (B) Relinquishment.--
       (i) In general.--The State shall relinquish any selections 
     that exceed the 125 percent limitation.
       (ii) Failure to relinquish.--If the State fails to 
     relinquish a selection under clause (i), the Secretary shall 
     reject the selection.
       (5) Lower-priority selections.--Notwithstanding the 
     prioritization of selection applications under paragraph (1), 
     if the Secretary reserves sufficient entitlements for the 
     top-filed selections, the Secretary may continue to convey 
     lower-priority selections.
       (b) Deadline for Prioritization.--
       (1) In general.--The State shall irrevocably prioritize 
     sufficient selections to allow the Secretary to complete 
     transfer of 101,000,000 acres by September 30, 2009.
       (2) Reprioritization.--Any selections remaining after 
     September 30, 2009, may be reprioritized.
       (c) Financial Assistance.--The Secretary may, using amounts 
     made available to carry out this Act, provide financial 
     assistance to other Federal agencies, the State, and Native 
     Corporations and entities to assist in completing the 
     transfer of land by September 30, 2009.

            TITLE V--ALASKA LAND CLAIMS HEARINGS AND APPEALS

     SEC. 501. ALASKA LAND CLAIMS HEARINGS AND APPEALS.

       (a) Establishment.--The Secretary may establish a field 
     office of the Office of Hearings and Appeals in the State to 
     decide matters within the jurisdiction of the Department of 
     the Interior involving hearings and appeals, and other review 
     functions of the Secretary regarding land transfer decisions 
     and Indian probates in the State.

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       (b) Appointments.--For purposes of carrying out subsection 
     (a), the Secretary shall appoint administrative law judges 
     selected in accordance with section 3105 of title 5, United 
     States Code (commonly known as the ``Administrative Procedure 
     Act'').

          TITLE VI--REPORT AND AUTHORIZATION OF APPROPRIATIONS

     SEC. 601. REPORT.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the status of the implementation of this Act.
       (b) Contents.--The report shall--
       (1) describe the status of conveyances to Alaska Natives, 
     Native Corporations, and the State; and
       (2) include recommendations for completing the conveyances 
     required by this Act.

     SEC. 602. AUTHORIZATION OF APPROPRIATIONS.

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

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