[Congressional Record Volume 150, Number 132 (Wednesday, November 17, 2004)]
[House]
[Pages H9838-H9844]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 ALASKA LAND TRANSFER ACCELERATION ACT

  Mr. GIBBONS. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 1466) to facilitate the transfer of land in the State 
of Alaska, and for other purposes.
  The Clerk read as follows:

                                S. 1466

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

               TITLE I--STATE SELECTIONS AND CONVEYANCES

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

             TITLE II--ALASKA NATIVE CLAIMS SETTLEMENT ACT

Sec. 201. Land available after selection period.
Sec. 202. Combined entitlements.
Sec. 203. Authority to convey by whole section.
Sec. 204. Conveyance of cemetery sites and historical places.

[[Page H9839]]

Sec. 205. Allocations based on population.
Sec. 206. Authority to withdraw land.
Sec. 207. Report on withdrawals.
Sec. 208. Automatic segregation of land for underselected Village 
              Corporations.
Sec. 209. Settlement of remaining entitlement.

                      TITLE III--NATIVE ALLOTMENTS

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

        TITLE IV--FINAL PRIORITIES; CONVEYANCE AND SURVEY PLANS

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

            TITLE V--ALASKA LAND CLAIMS HEARINGS AND APPEALS

Sec. 501. Alaska land claims hearings and appeals.

          TITLE VI--REPORT AND AUTHORIZATION OF APPROPRIATIONS

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

     SEC. 2. DEFINITIONS.

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

               TITLE I--STATE SELECTIONS AND CONVEYANCES

     SEC. 101. COMMUNITY GRANT SELECTIONS AND CONVEYANCES.

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


 
  National Forest Community                                        Est.
   Grant Application Number                Area Name              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/   GS 1429
                                        Ship Creek/
                                       Peters Creek
 AKAA 058265.......................    Eagle River/   GS 1209
                                        Ship Creek/
                                       Peters Creek
 AKAA 058374.......................    Salmon Creek   GS 327
 AKF 031321........................    Nenana River   GS 2182
 AKAA 059056.......................   Solomon Gulch   GS 86
                                         at Valdez
 AKFF 085798.......................     Kruzgamepa    GS 4096.
                                        River Pass
                                           Creek
 

       (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

[[Page H9840]]

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

     SEC. 106. SETTLEMENT OF REMAINING ENTITLEMENT.

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

     SEC. 107. EFFECT OF FEDERAL MINING CLAIMS.

       (a) Conditional Relinquishments.--
       (1) In general.--To facilitate the conversion of Federal 
     mining claims to State mining claims on land selected or 
     topfiled by the State, a Federal mining claimant may file 
     with the Secretary a voluntary relinquishment of the Federal 
     mining claim conditioned on conveyance of the land to the 
     State.
       (2) Conveyance of relinquished claim.--The Secretary may 
     convey the land described in the relinquished Federal mining 
     claim to the State if, with respect to the land--
       (A) the State has filed as of January 3, 1994--
       (i) a selection application under Public Law 85-508 
     (commonly known as the ``Alaska Statehood Act'') (72 Stat. 
     339); or
       (ii) a future selection application under section 906(e) of 
     the Alaska National Interest Lands Conservation Act 43 U.S.C. 
     1635(e)); and
       (B) the land addressed by the selection application or 
     future selection application is conveyed to the State.
       (3) Obligations under federal law.--Until the date on which 
     the land is conveyed under paragraph (2), a Federal mining 
     claimant shall be subject to any obligations relating to the 
     land under Federal law.
       (4) No relinquishment.--If the land previously encumbered 
     by the relinquished Federal mining claim is not conveyed to 
     the State under paragraph (2), the relinquishment of land 
     under paragraph (1) shall be of no effect.
       (b) Rights-of-Way; Other Interest.--On conveyance to the 
     State of a relinquished Federal mining claim under this 
     section, the State shall assume authority over any leases, 
     licenses, permits, rights-of-way, operating plans, other land 
     use authorizations, or reclamation obligations applicable to 
     the relinquished Federal mining claim on the date of 
     conveyance.

     SEC. 108. LAND MISTAKENLY RELINQUISHED OR OMITTED.

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

             TITLE II--ALASKA NATIVE CLAIMS SETTLEMENT ACT

     SEC. 201. LAND AVAILABLE AFTER SELECTION PERIOD.

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

     SEC. 202. COMBINED ENTITLEMENTS.

       Section 12 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1611) is amended--
       (1) in the second sentence of subsection (b), by striking 
     ``Regional Corporation shall'' and inserting ``Regional 
     Corporation shall, not later than October 1, 2005,''; and
       (2) by adding at the end the following:
       ``(f)(1) The entitlements received by any Village 
     Corporation under subsection (a) and the reallocations made 
     to the Village Corporation under subsection (b) may be 
     combined, at the discretion of the Secretary, without--
       ``(A) increasing or decreasing the combined entitlement; or
       ``(B) increasing the limitation on selections of Wildlife 
     Refuge System land, National Forest System land, or State-
     selected land under subsection (a).
       ``(2) The combined entitlement under paragraph (1) may be 
     fulfilled from selections under subsection (a) or (b) without 
     regard to the entitlement specified in the selection 
     application.

[[Page H9841]]

       ``(3) All selections under a combined entitlement under 
     paragraph (1) shall be adjudicated and conveyed in compliance 
     with this Act.
       ``(4) Except in a case in which a survey has been 
     contracted for before the date of enactment of this 
     subsection, the combination of entitlements under paragraph 
     (1) shall not require separate patents or surveys, to 
     distinguish between conveyances made to a Village Corporation 
     under subsections (a) and (b).''.

     SEC. 203. AUTHORITY TO CONVEY BY WHOLE SECTION.

       Section 14(d) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1613(d)) is amended--
       (1) by striking ``(d) the Secretary'' and inserting the 
     following:
       ``(d)(1) The Secretary''; and
       (2) by adding at the end the following:
       ``(2) For purposes of applying the rule of approximation 
     under this section, the largest legal subdivision that may be 
     conveyed in excess of the applicable acreage limitation 
     specified in subsection (a) shall be--
       ``(A) in the case of land managed by the Bureau of Land 
     Management that is not within a conservation system unit, the 
     next whole section;
       ``(B) in the case of land managed by an agency other than 
     the Bureau of Land Management that is not within a 
     conservation system unit, the next quarter-section and only 
     with concurrence of the agency; or
       ``(C) in the case of land within a conservation system 
     unit, a quarter of a quarter section, and if the land is 
     managed by an agency other than the Bureau of Land 
     Management, only with the concurrence of that agency.
       ``(3)(A) If the Secretary determines pursuant to paragraph 
     (2) that an entitlement of a Village Corporation (other than 
     a Village Corporation listed in section 16(a)) or a Regional 
     Corporation may be fulfilled by conveying a specific tract of 
     surveyed or unsurveyed land, the Secretary and the affected 
     Village or Regional Corporation may enter into an agreement 
     providing that all land entitlements under this Act shall be 
     deemed satisfied by conveyance of the specifically identified 
     and agreed upon tract of land.
       ``(B) An agreement entered into under subparagraph (A) 
     shall be--
       ``(i) in writing;
       ``(ii) executed by the Secretary and the Village or 
     Regional Corporation; and
       ``(iii) authorized by a corporate resolution adopted by the 
     affected Village or Regional Corporation.
       ``(C) After execution of an agreement under subparagraph 
     (A) and conveyance of the agreed upon tract to the affected 
     Village or Regional Corporation--
       ``(i) the Secretary shall not make any further adjustments 
     to calculations relating to acreage entitlements of the 
     Village or Regional Corporation; and
       ``(ii) the Village or Regional Corporation shall not be 
     entitled to any further conveyances under this Act.
       ``(D) A Village or Regional Corporation shall not be 
     eligible to receive land under subparagraph (A) if the 
     Village or Regional Corporation has received the full land 
     entitlement of the Village or Regional Corporation through--
       ``(i) an actual conveyance of land; or
       ``(ii) a previous agreement.
       ``(E) If the calculations of the Secretary indicate that 
     the final survey boundaries for any Village or Regional 
     Corporation entitlement for which an agreement has not been 
     entered into under this paragraph include acreage in a 
     quantity that exceeds the statutory entitlement of the 
     corporation by \1/10\ of 1 percent or less, but not more than 
     the applicable acreage limitation specified in paragraph 
     (2)--
       ``(i) the entitlement shall be considered satisfied by the 
     conveyance of the surveyed area; and
       ``(ii) the Secretary shall not change the survey for the 
     sole purpose of an acreage adjustment.
       ``(F) This paragraph does not limit or otherwise affect the 
     ability of a Village or Regional Corporation to enter into 
     land exchanges with the United States.''.

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

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

     SEC. 205. ALLOCATIONS BASED ON POPULATION.

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

     SEC. 206. AUTHORITY TO WITHDRAW LAND.

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

     SEC. 207. REPORT ON WITHDRAWALS.

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

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

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

     SEC. 209. SETTLEMENT OF REMAINING ENTITLEMENT.

       (a) In General.--The Secretary may enter into a binding 
     written agreement with a Native Corporation relating to--
       (1) the land remaining to be conveyed to the Native 
     Corporation under the Alaska Native Claims Settlement Act (43 
     U.S.C. 1601 et seq.) from land selected as of September 1, 
     2004, or land made available under section 201, 206, or 208 
     of this Act;
       (2) the priority in which the land is to be conveyed;
       (3) the relinquishment of selections which are not to be 
     conveyed;

[[Page H9842]]

       (4) the selection entitlement to which selections are to be 
     charged, regardless of the entitlement under which originally 
     selected;
       (5) the survey of the exterior boundaries of the land to be 
     conveyed;
       (6) the additional survey to be performed under section 
     14(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 
     1613(c)); and
       (7) the resolution of conflicts with Native allotment 
     applications.
       (b) Requirements.--An agreement under subsection (a)--
       (1) shall be authorized by a resolution of the Native 
     Corporation entering into the agreement; and
       (2) shall include a statement that the entitlement of the 
     Native Corporation shall be considered complete on execution 
     of the agreement.
       (c) Correction of Conveyance Documents.--In an agreement 
     under subsection (a), the Secretary and the Native 
     Corporation may agree to make technical corrections to the 
     legal description in the conveyance documents for easements 
     previously reserved so that the easements provide the access 
     intended by the original reservation.
       (d) Consultation.--Before entering into an agreement under 
     subsection (a), the Secretary shall ensure that the concerns 
     or issues identified by the State and all Federal agencies 
     potentially affected by the agreement are given 
     consideration.
       (e) Errors.--Any Native Corporation entering into an 
     agreement under subsection (a) shall receive any gain or bear 
     any loss resulting from errors in prior surveys, protraction 
     diagrams, or computation of the ownership of third parties on 
     any land conveyed.
       (f) Effect.--
       (1) In general.--An agreement under subsection (a) shall 
     not--
       (A) affect the obligations of Native Corporations under 
     prior agreements; or
       (B) result in a Native Corporation relinquishing valid 
     selections of land in order to qualify for the withdrawal of 
     other tracts of land.
       (2) Effect on subsurface rights.--The terms of an agreement 
     entered into under subsection (a) shall be binding on a 
     Regional Corporation with respect to the location and 
     quantity of subsurface rights of the Regional Corporation 
     under section 14(f) of the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1613(f)).
       (3) Effect on entitlement.--Nothing in this section 
     increases the entitlement provided to any Native Corporation 
     under--
       (A) the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
     et seq.); or
       (B) the Alaska National Interest Lands Conservation Act (16 
     U.S.C. 3101 et seq.).
       (g) Boundaries of a Native Village.--An agreement entered 
     into under subsection (a) may not define the boundaries of a 
     Native Village.
       (h) Availability of Agreements.--An agreement entered into 
     under subsection (a) shall be available for public inspection 
     in the appropriate offices of the Department of the Interior.

                      TITLE III--NATIVE ALLOTMENTS

     SEC. 301. CORRECTION OF CONVEYANCE DOCUMENTS.

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

     SEC. 302. TITLE RECOVERY OF NATIVE ALLOTMENTS.

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

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

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

     SEC. 304. COMPENSATORY ACREAGE.

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

[[Page H9843]]

     the Alaska Native Claims Settlement Act (43 U.S.C. 1621(j)) 
     (as added by section 208) to make additional land available 
     for selection by the Village Corporation.

     SEC. 305. REINSTATEMENTS AND RECONSTRUCTIONS.

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

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

       Section 41(b) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1629g(b)) is amended--
       (1) in paragraph (1)(A), by inserting before the semicolon 
     at the end the following: ``(except that the term 
     `nonmineral', as used in that Act, shall for the purpose of 
     this subsection be defined as provided in section 905(a)(3) 
     of the Alaska National Interest Lands Conservation Act (42 
     U.S.C. 1634(a)(3)), except that such definition shall not 
     apply to land within a conservation system unit)''; and
       (2) in paragraph (2)--
       (A) by redesignating subparagraphs (A), (B), and (C) as 
     clauses (i), (ii), and (iii), respectively, and indenting the 
     clauses appropriately;
       (B) by inserting ``(A)'' after ``(2)'';
       (C) in clause (ii) (as redesignated by subparagraph (A)), 
     by inserting after ``Department of Veterans Affairs'' the 
     following: ``or based on other evidence acceptable to the 
     Secretary''; and
       (D) by adding at the end the following:
       ``(B)(i) If the Secretary requests that the Secretary of 
     Veterans Affairs make a determination whether a veteran died 
     as a direct consequence of a wound received in action, the 
     Secretary of Veterans Affairs shall, within 60 days of 
     receipt of the request--
       ``(I) provide a determination to the Secretary if the 
     records of the Department of Veterans Affairs contain 
     sufficient information to support such a determination; or
       ``(II) notify the Secretary that the records of the 
     Department of Veterans Affairs do not contain sufficient 
     information to support a determination and that further 
     investigation will be necessary.
       ``(ii) Not later than 1 year after notification to the 
     Secretary that further investigation is necessary, the 
     Department of Veterans Affairs shall complete the 
     investigation and provide a determination to the 
     Secretary.''.

        TITLE IV--FINAL PRIORITIES; CONVEYANCE AND SURVEY PLANS

     SEC. 401. DEADLINE FOR ESTABLISHMENT OF REGIONAL PLANS.

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

     SEC. 402. DEADLINE FOR ESTABLISHMENT OF VILLAGE PLANS.

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

     SEC. 403. FINAL PRIORITIZATION OF ANCSA SELECTIONS.

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

     SEC. 404. FINAL PRIORITIZATION OF STATE SELECTIONS.

       (a) Filing of Final Priorities.--
       (1) In general.--The State shall, not later than the date 
     that is 4 years after the date of enactment of this Act, in 
     accordance with section 906(f)(1) of the Alaska National 
     Interest Lands Conservation Act (43 U.S.C. 1635(f)(1)), file 
     final priorities with the Secretary for all land grant 
     entitlements to the

[[Page H9844]]

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

            TITLE V--ALASKA LAND CLAIMS HEARINGS AND APPEALS

     SEC. 501. ALASKA LAND CLAIMS HEARINGS AND APPEALS.

       (a) Establishment.--The Secretary may establish a field 
     office of the Office of Hearings and Appeals in the State to 
     decide matters within the jurisdiction of the Department of 
     the Interior involving hearings and appeals, and other review 
     functions of the Secretary regarding land transfer decisions 
     and Indian probates in the State.
       (b) Appointments.--For purposes of carrying out subsection 
     (a), the Secretary shall appoint administrative law judges 
     selected in accordance with section 3105 of title 5, United 
     States Code, and members of the Interior Board of Land 
     Appeals.

          TITLE VI--REPORT AND AUTHORIZATION OF APPROPRIATIONS

     SEC. 601. REPORT.

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

     SEC. 602. AUTHORIZATION OF APPROPRIATIONS.

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

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Nevada (Mr. Gibbons) and the gentlewoman from the Virgin Islands (Mrs. 
Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from Nevada (Mr. Gibbons).


                             General Leave

  Mr. GIBBONS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and to 
include extraneous material on the bill now under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Nevada?
  There was no objection.
  Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, Senate 1466 accelerates the process of conveying public 
land in Alaska under the Native Allotment Act of 1906, the Alaska 
Statehood Act of 1958, and the Alaska Native Claims Settlement Act of 
1971.
  Ninety million acres of Federal land entitlements intended for Alaska 
natives, the State of Alaska, and native corporations under these three 
acts are yet to be surveyed. While such lands may be selected or 
conveyed on an interim basis, full ownership of the lands is not 
enjoyed until the final conveyance. Existing procedures for 
transferring the lands affected by this bill are highly complex. 
Lawsuits and delays are inevitable as competing claims attempt to sort 
out the confusion. Senate 1466 enhances the ability of the Federal 
Government, the State, and Alaska natives to speed up the conveyance 
process through a more flexible process of negotiation and through 
authorization of appropriations to finish the necessary surveys of the 
land.
  Mr. Speaker, I urge my colleagues to adopt this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, S. 1466 is intended to accelerate the transfer of 
millions of acres of Federal lands to Alaska natives, the State of 
Alaska, and to native corporations. Those individuals and entities are 
entitled to receive lands from the public domain under past acts of 
Congress.
  As described by the sponsor's floor statement when the bill was 
introduced in July 2003, the land conveyance program in Alaska is the 
largest and most complex of any in United States history. Yet 
notwithstanding the complexity of this subject matter, there is very 
little legislative history concerning S. 1466. The bill was not 
reported by the Senate Energy Committee. An amendment was adopted on 
the Senate floor on October 10, but there is no statement or debate to 
explain what changes were made. And the House Resources Committee has 
neither held hearings nor a markup on this legislation.
  Despite the curious absence of regular order, the majority has 
brought S. 1466 before the House today and intends to pass it along to 
the President without further scrutiny. S. 1466 is exclusively the 
product of the other body and apparently we have little choice but to 
hope that they got it right.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GIBBONS. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Nevada (Mr. Gibbons) that the House suspend the rules 
and pass the Senate bill, S. 1466.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________