[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1466 Enrolled Bill (ENR)]
S.1466
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
To facilitate the transfer of land in the State of Alaska, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(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:

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f735ed42f576c4274c713a32f7a2f0ac5a5b93da8fe811c00f7fa9b303498cf4

TITLE I

-STATE SELECTIONS AND CONVEYANCES

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TITLE II

-ALASKA NATIVE CLAIMS SETTLEMENT ACT

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TITLE III

-NATIVE ALLOTMENTS

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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.

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TITLE VI

-REPORT AND AUTHORIZATION OF APPROPRIATIONS

(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 Grant
Application Number                     Area Name                       Est. Acres
209                            Yakutat Airport Addition              111
264                             Bear Valley (Portage)                120
284                                Hyder-Fish Creek                  61
310                                   Elfin Cove                     37
384                              Edna Bay Admin Site                 37
390                                  Point Hilda                     29.''.
(b) Community Grant Selections.--Section 6 of Public Law 85-508
(commonly known as the ``Alaska Statehood Act'') (72 Stat. 340) (as
amended by subsection (a)) is amended by adding at the end the
following:
``(o)(1) The State of Alaska may elect to convert a selection filed
under subsection (b) to a selection under subsection (a) by notifying
the Secretary of the Interior in writing.
``(2) If the State of Alaska makes an election under paragraph (1),
the entire selection shall be converted to a selection under subsection
(a).
``(3) The Secretary of the Interior shall not convey a total of
more than 400,000 acres of public domain land selected under subsection
(a) or converted under paragraph (1) to a public domain selection under
subsection (a).
``(4) Conversion of a selection under paragraph (1) shall not
increase the survey obligation of the United States with respect to the
land converted.
``(p) All selection applications of the State of Alaska that are on
file with the Secretary of the Interior under the public domain
provisions of subsection (a) on the date of enactment of this
subsection and any selection applications that are converted to a
subsection (a) selection under subsection (o)(1) are approved as
suitable for community or recreational purposes.''.

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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.''.

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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).

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(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 Application
Serial Number                      Area Name                          Number
AKAA 058747                           Bradley Lake                    GS 5141
AKAA 058848                           Bradley Lake                    GS 44
AKAA 058266                   Eagle River/Ship Creek/Peters           GS 1429
Creek
AKAA 058265                   Eagle River/Ship Creek/Peters           GS 1209
Creek
AKAA 058374                           Salmon Creek                    GS 327
AKF 031321                            Nenana River                    GS 2182
AKAA 059056                      Solomon Gulch at Valdez              GS 86
AKFF 085798                    Kruzgamepa River Pass Creek            GS 4096.
(b) Limitation.--Subsection (a) does not apply to any land that
is--
(1) located within the boundaries of a conservation system unit
(as defined in section 102 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3102)); or
(2) otherwise unavailable for conveyance under Public Law 85-
508 (commonly known as the ``Alaska Statehood Act'') (72 Stat.
339).
(c) Requirement Applicable to National Forest System Land.--Any
land described in subsection (a) that is in a unit of the National
Forest System shall not be conveyed unless the Secretary of Agriculture
approved the State selection before January 3, 1994.
(d) Requirements Applicable to Hydroelectric Applications and
Licensed Projects.--
(1) Hydroelectric applications.--Any selection of land
described in subsection (a) that is included in a hydroelectric
application--
(A) shall be subject to the jurisdiction of the Federal
Energy Regulatory Commission; and
(B) shall not be conveyed while the hydroelectric
application is pending.
(2) Licensed project.--Any selection of land described in
subsection (a) that is included in a licensed project shall be
subject to--
(A) the jurisdiction of the Federal Energy Regulatory
Commission;
(B) the rights of third parties; and
(C) the right of reentry under section 24 of the Federal
Power Act (16 U.S.C. 818).
(e) Effect of Section.--Nothing in this section negates or
diminishes any right of an applicant to petition for restoration and
opening of land withdrawn or classified for power purposes under
section 24 of the Federal Power Act (16 U.S.C. 818).

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

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(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).

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(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.

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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.

2f9a88c109a29552a7285b5347f6e2e811afb9b1e472b28e98ceb1efda61e6f5

(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.

94e9a99e79980993c58440e1c7dbc657b437035b614862d1c9fbba6e340914a7

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

4e4293d9870b4ab216d74a6dbcc7f5938b1df487e50776c3d3688eb1e35cefe6

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.''.

d60624443a90bc12faa782c7a0a9442c1a51dfc6a3ac69c5d103e0accb2e9b7f

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.''.

d4c2d2a67b4b967cf485c6fa51f176848cd9cbbd7655dd2a22648616f21b57be

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.''.

9e9aabffa423b04fe0206f4bb56e2b2cbc4d0e43d0df0b959390817c7a3f03d7

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.''.

84fa72d26f6a9f680abcd7730b701dcd9d09f09d26c7cea8a55123acfa5bda71

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.

c82f5167d52c64d13d82111012ca9b34461dda49ce40182b9796d6e520afff07

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.''.

608890b6db12de682c94b20b5e0de4855c07baf42c258712169a17533bae7f5f

(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;
(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.

aab4a408baf0da69eefba4361fbb4cd8896302be73b0c3894613cd245dbaaa6a

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.''.

ad27f4c1f0bda367a1f685b8f1ef111053a21244697143624c7c7315a84637ee

(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.

c945c811faf14f1342ab53bf46f98b50b2e3d7065af9d8fe418486812eaae68d

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.''.

50b2d23a4eb2f605c5909addc24c8d4963ccd865c3731836dba12ea9bb7739ed

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

134f83e46fcde978c1e9fe95f9b6830e53d4334b8adc728a30fef34f855c035a

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.''.

9cce64d68337acff7ae32f70cbb258b8541036045a957d2fef198ab7576832aa

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.''.

ddd35261e70be7d79275f0695a88aa24cb1e16c1a82a9b4be3328d0ab5b98eac

(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.

0deed2b2bc55555d5bc10e5d6ac504515a2af322a79e44fc155d4cdc4a519c25

TITLE IV

-FINAL PRIORITIES; CONVEYANCE AND SURVEY 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.).

671db71a1bd7a07c506b73ede0d9291d04994d84dae4b11d4f5a4f71039bfc88

(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.

6d6cb0f99c19462eda5509b20129ef0d7141ed691e9c30d5ef55bf7e735bea59

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

22451e913cefd92f9075061db2a36a14681f8a767408f53214248f6abcc9d471

(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.

332f1f6fca6b14a052c1bf704a27dfeb195fd9e0475597f7c810a30f13133b71

TITLE V

-ALASKA LAND CLAIMS HEARINGS AND APPEALS

(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.

ce6ab594b56a3f501a075f1ecd873b1e6ea4952ac5abf51a1f94a95f236e0bb3

There are authorized to be appropriated such sums as are necessary
to carry out the purposes of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

3fe933727cfd1ece8cdf1480c10b96d6e8d522c1c5dbc4601d975eafc9b8866b

Alaska Land Transfer Acceleration Act of 2003

Other Sections