[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.
____________________