To provide a complete substitute.
What it does: Replaces the bill's text with a full substituteWhat it changes
1 change to S. 1466 · shown in the bill's text
Replaces the bill's text with a full substitute
Replaces the full textEverything after the enacting clauseIn S. 1466 · Introduced in Senate
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the "Alaska Land Transfer Acceleration Act
[struck: of 2003]".(b) Table of Contents.--The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
3 unchanged paragraphsHide unchanged text
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
[struck: powersite reserves, powersite classifications, power projects, and hot spring ][inserted: hydroelectric ]withdrawals.Sec. 105. Entitlement for the University of Alaska.
Sec. 106. Settlement of remaining entitlement.
3 unchanged paragraphsHide unchanged text
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.
Struck: Sec. 203. Conveyance of last whole section of land.
Struck: Sec. 204. Discretionary authority to convey subsurface estate in pre- ANCSA refuges.
Inserted: Sec. 203. Authority to convey by whole section.
Sec.
[struck: 205][inserted: 204]. Conveyance of cemetery sites and historical places.Struck: Sec. 206. Approved allotments.
Sec.
[struck: 207][inserted: 205]. Allocations based on population.Sec.
[struck: 208][inserted: 206]. Authority to withdraw land.Struck: Sec. 209. Bureau of Land Management land.
Inserted: Sec. 207. Report on withdrawals.
Sec.
[struck: 210][inserted: 208]. Automatic segregation of land for underselected Village Corporations.Struck: Sec. 211. Procedures relating to dissolved or lapsed Native Corporations.
Sec.
[struck: 212][inserted: 209]. Settlement of remaining entitlement.Struck: Sec. 213. Conveyance to Kaktovik Inupiat Corporation and Arctic Slope Regional Corporation.
TITLE III--NATIVE ALLOTMENTS
Struck: Sec. 301. Title affirmation of Native allotment location and description.
Inserted: Sec. 301. Correction of conveyance documents.
Sec. 302. Title recovery of Native allotments[inserted: .]
Sec. 303. Native allotment
[struck: relocation][inserted: revisions] on land selected by or conveyed to a[struck: native corporation][inserted: Native Corporation].Sec. 304. Compensatory acreage.
Struck: Sec. 305. Native allotment deadlines.
Struck: Sec. 306. Elimination of shore space measurement.
Inserted: Sec. 305. Reinstatements and reconstructions.
Sec.
[struck: 307][inserted: 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.
[struck: Deadlines][inserted: 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
[struck: TO CONGRESS][inserted: AND AUTHORIZATION OF APPROPRIATIONS]Sec. 601. Report.
[struck: TITLE VII--AUTHORIZATION OF APPROPRIATIONS][inserted: Sec. 602. Authorization of appropriations.]Struck: Sec. 701. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
Inserted: (1) Native allotment.--The term "Native allotment" means an allotment claimed under the Act of May 17, 1906 (34 Stat. 197, chapter 2469).
(
[struck: 1][inserted: 2]) Secretary.--The term "Secretary" means the Secretary of the Interior.(
[struck: 2][inserted: 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)
[struck: Waiver of Minimum Tract Selection Size.--With ][inserted: The minimum tract selection size is waived with ]respect to a selection made by the State of Alaska under subsection (a)[struck: , the Secretary of ][inserted: for ]the[struck: Interior may waive the minimum tract selection size if the Secretary determines that--][inserted: following selections:]Struck: "(1) an existing selection does not meet the original minimum statutory acreage; and
Struck: "(2) the only alternative to waiver is to reject the application.
Struck: "(o) Requirements Applicable to Units of the National Forest System.--A selection of land in a unit of the National Forest System under subsection (a) shall not be valid unless the Secretary of Agriculture has approved the selection before the date of enactment of this subsection.
Struck: "(p) No Relinquishment.--If there is a selection under subsection (a) with respect to a tract of land that is equal to or greater than 160 acres, the State of Alaska may not relinquish such portion of the tract as is necessary for the tract to be less than 160 acres.
Show 1 more struck paragraphShow less
Struck: "(q) Ratification of Patents and Tentative Approvals.--Any patent or tentative approval for a selection under subsection (a) of less than 160 acres that is issued before the date of enactment of this subsection is ratified and confirmed.".
Inserted: 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:
Struck: "(r) Conversion to Community Grant Selection.--
"([inserted: o)(]1)
[struck: In general.--]The State of Alaska may elect to convert a selection filed under subsection (b) to a selection under subsection (a) by notifying the Secretary of the Interior in writing."(2)
[struck: No partial conversion.--]If the State of Alaska makes an election under paragraph (1), the entire selection shall be converted to a selection under subsection (a)."(3)
[struck: Limitation on acreage.--]The Secretary [inserted: of the Interior ]shall not convey a total of more than 400,000 acres of[struck: --][inserted: public domain land selected under subsection (a) or converted under paragraph (1) to a public domain selection under subsection (a).]Struck: "(A) land that is selected before the date of enactment of this subsection under subsection (a); or
Struck: "(B) land that is converted to a subsection (a) selection under paragraph (1).
"(4)
[struck: Effect on survey obligations.--]Conversion of a selection under paragraph (1) shall not[struck: affect][inserted: increase] the survey obligation of the United States with respect to the land converted."(
[struck: s][inserted: p])[struck: Use of Selected Land for Community and Recreational Purposes.--]All selection applications of the State of Alaska that are on file with the Secretary of the Interior under [inserted: the public domain provisions of ]subsection (a) on the date of enactment of this subsection [inserted: and any selection applications that ]are [inserted: 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:
Struck: "(2) Tentative approval.--
"([inserted: 2)(]A)
[struck: Issuance.--]As soon as practicable";(2) by striking "The sequence of" and inserting the following:
Struck: "(B) Priority.--
"([inserted: B)(]i)
[struck: In general.--]The sequence of"; and(3) by adding at the end the following:
"(ii)
[struck: Requirements.--]In establishing the priorities for tentative approval under clause (i), the State shall--"(I) in the case of a selection under section 6(a) of Public Law 85-508 (commonly known as the
[struck: "][inserted: ']Alaska Statehood Act[struck: "][inserted: ']) (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
[struck: ,]and any Federal land leased by the State under the Act of August 23, 1950 (25 U.S.C.[struck: 293a][inserted: 293b]), or the Act of June 4, 1953 ([struck: 67 Stat][inserted: 25 U.S.C].[struck: 41, chapter 47][inserted: 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)
[struck: is][inserted: are] deemed to be selected; and(2) may, with the concurrence of the Secretary or the
[struck: Secretary][inserted: head] of[struck: Agriculture, as appropriate][inserted: the Federal agency with administrative jurisdiction over the land], be[struck: selected][inserted: 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 [inserted: to the State ]of any reversionary interest
[struck: to the State ]selected under subsection (a), the State shall be deemed to have waived all right to any future credit should the reversion not occur.(e) Limitation.--This section shall not apply to--
(1) reversionary interests in land acquired by the United States through the use of amounts from the Exxon Valdez Oil Spill Trust Fund; or
(2) reversionary interests in any land conveyed to the State as a result of the "Terms and Conditions for Land Consolidation and Management in Cook Inlet Area" as ratified by section 12 of Public Law 94-204 (43 U.S.C. 1611 note).
SEC. 104. EFFECT OF
[struck: POWERSITE RESERVES, POWERSITE CLASSIFICATIONS, POWER PROJECTS, AND HOT SPRING ][inserted: HYDROELECTRIC ]WITHDRAWALS.(a)
[struck: In General][inserted: 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,[struck: or for land containing hot or medicinal springs withdrawn by Executive Order No. 5389 of July 7, 1930, as amended by Public Land Order No. 399 of August 20, 1947, notwithstanding ][inserted: notwithstanding the withdrawal, reservation, or classification for power site or power project purposes, ]the[struck: withdrawal, reservation, or classification, the ][inserted: 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)[struck: .][inserted: :]Inserted: General Selection Serial Number Area Name Application Number AKAA 058747 Bradley Lake GS 5141 AKAA 058848 Bradley Lake GS 44 AKAA 058266 Eagle River/Ship Creek/ GS 1429 Peters Creek AKAA 058265 Eagle River/Ship Creek/ GS 1209 Peters Creek AKAA 058374 Salmon Creek GS 327 AKF 031321 Nenana River GS 2182 AKAA 059056 Solomon Gulch at Valdez GS 86 DAKFF 085798 Kruzgamepa River Pass GS 4096. Creek
(b) Limitation.--Subsection (a) does not apply to any land that is
[struck: reserved for an additional Federal purpose other than those listed in]--Struck: (1) subsection (a); or
Struck: (2) section 17(d)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1616(d)(1)).
Struck: (c) Requirement Applicable to National Forest System Land.--Any land described in subsection (a) that is in a unit of the National Forest System shall not be deemed to be vacant, unappropriated, or unreserved unless the Secretary of Agriculture approved the State selection before January 3, 1994.
Struck: (d) Requirements Applicable to Hydroelectric Projects.--Any conveyance of land described in subsection (a) that is included in a hydroelectric application or licensed project shall be subject to--
Show 3 more struck paragraphsShow less
Struck: (1) the rights of third parties; and
Struck: (2) the right of reentry under section 24 of the Federal Power Act (16 U.S.C. 818).
Struck: (e) Disclaimer of Interest.--If the Federal Energy Regulatory Commission has determined that a reservation made under section 24 of the Federal Power Act (16 U.S.C. 818) is not necessary, the patentee may apply to the Secretary for a disclaimer of interest instead of petitioning Congress for private relief legislation.
Inserted: (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
Inserted: (2) otherwise unavailable for conveyance under Public Law 85-508 (commonly known as the "Alaska Statehood Act") (72 Stat. 339).
Inserted: (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.
Inserted: (d) Requirements Applicable to Hydroelectric Applications and Licensed Projects.--
Inserted: (1) Hydroelectric applications.--Any selection of land described in subsection (a) that is included in a hydroelectric application--
Inserted: (A) shall be subject to the jurisdiction of the Federal Energy Regulatory Commission; and
Inserted: (B) shall not be conveyed while the hydroelectric application is pending.
Inserted: (2) Licensed project.--Any selection of land described in subsection (a) that is included in a licensed project shall be subject to--
Inserted: (A) the jurisdiction of the Federal Energy Regulatory Commission;
Inserted: (B) the rights of third parties; and
Inserted: (C) the right of reentry under section 24 of the Federal Power Act (16 U.S.C. 818).
Inserted: (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 [inserted: State ]entitlement [inserted: for the benefit ]of the University of Alaska under the Act of January 21, 1929 (45 Stat. 1091, chapter 92), is
[struck: equal to ]456 acres.Struck: (b) Additional Entitlement.--The entitlement under subsection (a) shall be increased to reflect the reconveyance of any land by the University of Alaska to the United States to accommodate conveyance of a Native allotment.
(
[struck: c][inserted: b]) Reversionary Interests.--The Act of January 21, 1929 (45 Stat. 1091, chapter 92), is amended by adding at the end the following:Struck: "SEC. 8. SELECTION BY STATE.
Struck: "(a) Reversionary Interests.--
Inserted: "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)
[struck: In general.--The State of Alaska, on behalf of the University of Alaska, may select ]any mineral interest (including an interest in oil or gas)[struck: or reversionary interest held by ][inserted: in land located in the State, ]the[struck: United States in land located in ][inserted: unreserved portion of which is owned by ]the[struck: State][inserted: University] of Alaska[struck: that--][inserted: ; or]Struck: "(A) is owned by the University of Alaska; or
Struck: "(B) was previously conveyed to a nongovernmental third party.
Struck: "(2) Written consent required.--If an interest in land selected under paragraph (1) is otherwise available under this Act, to be valid a selection under that paragraph shall be approved in writing by the owner or owners of the remaining interests.
Inserted: "(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.
"(
[struck: 3][inserted: b])[struck: Effect on entitlement.--]The total acreage of any parcel of land for which[struck: only the reserved or retained mineral ][inserted: a partial ]interest[struck: or reversionary interest is conveyed][inserted: is conveyed under subsection (a)] shall be charged against the remaining entitlement of the[struck: University of Alaska][inserted: State under this Act]."(
[struck: 4][inserted: c])[struck: Waiver.--]In taking title to a reversionary interest, the [inserted: State, with the approval of the ]University of Alaska[inserted: ,] waives all right to any future [inserted: acreage ]credit if the reversion does not occur.Struck: "(b) Selection of Isolated Tracts.--The State, on behalf of the University of Alaska, may select any tract of land, regardless of size, that--
Struck: "(1) is vacant, unappropriated, and unreserved, other than land withdrawn under section 17(d)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1616(d)(1)); and
Struck: "(2) is an isolated tract of public land.
Struck: "(c) Selection of Tracts of More Than 40 Acres.--The State, on behalf of the University of Alaska, may, with the concurrence of the Secretary, select any tract of land that--
Show 3 more struck paragraphsShow less
Struck: "(1) is vacant, unappropriated, and unreserved, other than land withdrawn under 17(d)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1616(d)(1)); and
Struck: "(2) is not less than 40 acres.
Struck: "SEC. 9. LIMITATION ON ACREAGE SELECTED.
Inserted: "Sec. 4. The Secretary may survey any vacant, unappropriated, and unreserved land in the State for purposes of allowing selections under this Act.
"[inserted: Sec. 5. ]The
[struck: total acreage selected][inserted: authorized outstanding selections] under this Act shall be not more than--Inserted: "(1) 125 percent of the remaining entitlement; plus
"(
[struck: 1) 125 percent of the entitlement of the University of Alaska remaining on the date of enactment of this section; plus "(]2) the number of acres [inserted: of land ]that are in conflict with land[struck: of ][inserted: owned by ]the University of Alaska, as identified in Native allotment applications on record with the Bureau of Land Management.[inserted: ".]Struck: "SEC. 10. SELECTION OF LAND SUBJECT TO A PENDING APPLICATION.
Struck: "The University of Alaska may not select land under this Act that is subject to a pending selection by the State of Alaska or a Native Corporation or to which the State of Alaska or the Native Corporation is entitled to make a claim unless the University has received written consent for the selection from the State of Alaska or the Native Corporation.".
SEC. 106. SETTLEMENT OF REMAINING ENTITLEMENT.
(a) In General.--The Secretary may enter into [inserted: a ]binding
[struck: ,]written[struck: agreements][inserted: agreement] with the State with respect to--(1) the exact number and location of acres of land remaining to be conveyed
[struck: to the State ]under each entitlement established or confirmed by[inserted: Public Law 85-508 (commonly known as the "Alaska Statehood Act") (72 Stat. 340), from]--Struck: (A) Public Law 85-508 (commonly known as the "Alaska Statehood Act") (72 Stat. 340); and
Inserted: (A) the land selected by the State as of January 3, 1994; and
(B) [inserted: 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;[inserted: and]
(4) the survey of the exterior boundaries of the land to be conveyed
[struck: ; and][inserted: .]Struck: (5) any other matters that would assist in carrying out the conveyances to the State.
(b) Consultation.--Before entering into an agreement under subsection (a), the Secretary shall
[struck: consult with the head of the agency administering the land to be conveyed][inserted: 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
[struck: resulting ][inserted: that results ]from errors in prior surveys, protraction diagrams, or the computation of the ownership of third parties on any land conveyed[inserted: under an agreement entered into under subsection (a)].Inserted: (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.
Inserted: (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.
Struck: (a) In General.--Land encumbered by a Federal mining claim shall be deemed to be vacant, unappropriated, and unreserved within the meaning of Public Law 85-508 (commonly known as the "Alaska Statehood Act") (72 Stat. 339) and may be conveyed to the State under subsection (b) if, with respect to the land--
Struck: (1) the State has filed--
Struck: (A) a selection application under Public Law 85-508 (commonly known as the "Alaska Statehood Act") (72 Stat. 339); or
Struck: (B) a future selection application under section 906(e) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1635(e)); and
Inserted: (a) Conditional Relinquishments.--
(
[struck: 2][inserted: 1]) [inserted: In general.--To facilitate ]the[struck: owner][inserted: conversion] of [inserted: Federal mining claims to State mining claims on land selected or topfiled by ]the [inserted: State, a ]Federal mining[struck: claim has filed][inserted: claimant may file] with the Secretary a voluntary relinquishment of the Federal mining claim conditioned on conveyance of the land to the State[struck: by tentative approval or patent].Struck: (b) Conveyance.--
(
[struck: 1][inserted: 2])[struck: In general][inserted: Conveyance of relinquished claim].--The Secretary may[struck: , subject to ][inserted: convey ]the[struck: conditions][inserted: land] described in[struck: paragraph (2), convey ][inserted: the relinquished Federal mining claim ]to the State[struck: without charge against entitlement land encumbered by a Federal mining claim if][inserted: if, with respect to the land]--Struck: (A)(i) a mining claimant files a conditional relinquishment described in subsection (a); or
Struck: (ii) a mining claim recordation is--
Struck: (I) deemed abandoned and void; or
Struck: (II) otherwise closed by final decision of the Secretary; and
Show 13 more struck paragraphsShow less
Struck: (B) the State owns land surrounding or effectively surrounding the land encumbered by the Federal mining claim.
Struck: (2) Conditions.--A conveyance under paragraph (1)--
Struck: (A) shall not include more than 1,280 acres of land;
Struck: (B) shall not require reclamation of the land; and
Struck: (C) shall be effective only if, at least 30 days before the date on which the land is to be conveyed, the Secretary submits to the State written notice of the pending conveyance.
Struck: (3) No relinquishment.--If the land encumbered by the Federal mining claim is not conveyed to the State under paragraph (1), the relinquishment of land under subsection (a)(2) shall be of no effect.
Struck: (4) Obligations under federal law.--Until the date on which the land is conveyed under paragraph (1), the owner of the Federal mining claim shall be subject to any obligations relating to the land under Federal law.
Struck: (c) Surveys.--
Struck: (1) Land encumbered by federal mining claims.--Land encumbered by Federal mining claims shall not be surveyed for the purpose of conveying to the State the land surrounding the encumbered land.
Struck: (2) Exterior boundary.--A patent to the State for land surrounding land encumbered by a Federal mining claim shall be made based on an exterior boundary survey of the total conveyance.
Struck: (3) Exclusion for federal mining claims.--In a conveyance of land encumbered by a Federal mining claim, the Federal mining claim--
Struck: (A) shall not be included in the patent document; and
Struck: (B) shall not be charged against the entitlement of the State.
Inserted: (A) the State has filed as of January 3, 1994--
Inserted: (i) a selection application under Public Law 85-508 (commonly known as the "Alaska Statehood Act") (72 Stat. 339); or
Inserted: (ii) a future selection application under section 906(e) of the Alaska National Interest Lands Conservation Act 43 U.S.C. 1635(e)); and
Inserted: (B) the land addressed by the selection application or future selection application is conveyed to the State.
Inserted: (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.
Inserted: (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.
Inserted: (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.
Struck: (a) In General.--Subject to valid existing rights and the concurrence of the Secretary with jurisdiction over the land, the State may, with respect to any land that is mistakenly relinquished or omitted from a selection under section 6 of Public Law 85-508 (commonly known as the "Alaska Statehood Act") or top-filing under section 906(e) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 1635(e)), select or top-file the relinquished or omitted land.
Struck: (b) State.--The Secretary with jurisdiction over the land may convey to the State the relinquished or omitted land if--
Struck: (1) the State demonstrates, to the satisfaction of the Secretary with jurisdiction over the land, that the land was mistakenly relinquished or omitted from the selection or top- filing; and
Struck: (2) there is sufficient acreage in the remaining entitlement to make the conveyance.
Inserted: Notwithstanding the selection deadlines under section 6(a) of Public Law 85-508 (commonly known as the "Alaska Statehood Act") (72 Stat. 340)--
Inserted: (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--
Inserted: (A) S\1/2\ sec. 14, T. 11 S., R. 11 W., of the Copper River Meridian;
Inserted: (B) S\1/2\ sec. 15, T. 11 S., R. 11 W., of the Copper River Meridian;
Inserted: (C) E\1/2\SE\1/4\ sec. 16, T. 11 S., R. 11 W., of the Copper River Meridian;
Inserted: (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;
Inserted: (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;
Inserted: (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;
Inserted: (G) NW\1/4\ sec. 27, T. 11 S., R. 11 W., of the Copper River Meridian; and
Inserted: (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
Inserted: (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)):
Inserted: (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--
Show 11 more inserted paragraphsShow less
Inserted: (i) secs. 1-30, 32-36, T. 27 N., R. 11 W., of the Fairbanks Meridian;
Inserted: (ii) secs. 10, 13--18, 21-28, and 33-36, T. 20 N., R. 13 W., of the Fairbanks Meridian;
Inserted: (iii) secs. 13, 14, and 15, T. 20 N., R. 14 W., of the Fairbanks Meridian;
Inserted: (iv) secs. 1-5, 8-17, and 20-28, T. 19 N., R. 13 W., of the Fairbanks Meridian;
Inserted: (v) secs. 29-32, T. 20 N., R. 16 W., of the Fairbanks Meridian;
Inserted: (vi) secs. 5-11, 14-23, and 25-36, T. 19 N., R. 16 W., of the Fairbanks Meridian;
Inserted: (vii) secs. 30 and 31, T. 19 N., R. 15 W., of the Fairbanks Meridian;
Inserted: (viii) secs. 5 and 6, T. 18 N., R. 15 W., of the Fairbanks Meridian;
Inserted: (ix) secs. 1-2 and 7-34, T. 16 N., R. 14 W., of the Fairbanks Meridian; and
Inserted: (x) secs. 4-9, T. 15 N., R. 14 W., of the Fairbanks Meridian.
Inserted: (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.
Struck: Section 12(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1611) is amended by adding at the end the following:
Struck: "(3) Land available after selection period.--
Struck: "(A) Definition of core township.--In this paragraph, the term "core township" means the township or townships in which all or any part of a Native Village is located.
Struck: "(B) Core township land.--The Secretary may make available for selection land in a core township that was unavailable before December 18, 1974, if--
Show 30 more struck paragraphsShow less
Struck: "(i) there is sufficient remaining entitlement; and
Struck: "(ii) the processing and conveyance of the selection can be completed by 2009.
Struck: "(C) Land outside core township.--
Struck: "(i) In general.--Subject to subclause (ii), the Secretary may make available for selection land that--
Struck: "(I) is in a township in which a Village Corporation that was unavailable for selection by a Village Corporation before December 18, 1974; and
Struck: "(II)(aa) was withdrawn for selection; or
Struck: "(bb) is completely surrounded by land withdrawn for selection.
Struck: "(ii) Conditions.--The Secretary may make the land described in clause (i) available for selection if--
Struck: "(I) there is sufficient remaining entitlement;
Struck: "(II) the land is contiguous to land that is owned by or that will be conveyed to the Village Corporation; and
Struck: "(III) the processing and conveyance of the selection can be completed by 2009.
Struck: "(iii) Limitation.--
Struck: "(I) In general.--If the land described in clause (i) is selected, or top filed under section 906(e) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1635(e)) by the State, not later than 90 days after the date on which the Secretary notifies the State that the land has become available for selection, the State may add the parcel to the current conveyance priority list of the State on file with the Bureau of Land Management.
Struck: "(II) Failure to add parcel to priority list.--Except as provided in subclause (III), if the State does not add the parcel to the current conveyance priority list in accordance with subclause (I)--
Struck: "(aa) the land shall be deemed selected by the appropriate Village Corporation; and
Struck: "(bb) the application of the State shall be rejected.
Struck: "(III) Election.--Subclause (II) shall not apply if, not later than 90 days after notification by the Secretary that the land has become available for selection--
Struck: "(aa) the Village Corporation elects not to take the land that has become available by filing a written election that--
Struck: "(AA) declines the selection; and
Struck: "(BB) relinquishes any pending selection of the land; and
Struck: "(bb) the State has not exercised the option of the State to take title to the land.
Struck: "(D) Conditions.--
Struck: "(i) In general.--A conveyance of land under subparagraph (B) or (C) shall be made--
Struck: "(I) subject to--
Struck: "(aa) valid existing rights; and
Struck: "(bb) existing third party interests;
Struck: "(II) in accordance with the requirements applicable to conveyances under this Act; and
Struck: "(III) subject to the reservation of an easement for public access in accordance with section 17(b) that aligns with the easements reserved on land adjoining the conveyed land.
Struck: "(ii) Waiver of acreage limitation.--For purposes of conveying land under subparagraphs (B) and (C), the Secretary may waive the 69,120 acreage limit under paragraph (1).
Struck: "(iii) Congressional action.-- Subparagraphs (B) and (C) shall not apply in a case in which Congress has specifically provided for the disposition of a tract of land in a particular manner.".
Inserted: (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--
Inserted: (1) the Federal land is--
Inserted: (A) located in a township in which all or any part of a Native Village is located; or
Inserted: (B) surrounded by--
Inserted: (i) land that is owned by the Native Corporation; or
Inserted: (ii) selected land that will be conveyed to the Native Corporation;
Inserted: (2) the Federal land--
Inserted: (A) became available after the end of the original selection period;
Inserted: (B)(i) was not selected by the Native Corporation because the Federal land was subject to a competing claim or entry; and
Inserted: (ii) the competing claim or entry has lapsed; or
Inserted: (C) was previously an unavailable Federal enclave within a Native selection withdrawal area;
Inserted: (3)(A) the Secretary provides the Native Corporation with a specific time period in which to decline the Federal land; and
Show 3 more inserted paragraphsShow less
Inserted: (B) the Native Corporation does not submit to the Secretary written notice declining the land within the period established under subparagraph (A); and
Inserted: (4) the State has voluntarily relinquished any valid State selection or top-filing for the Federal land.
Inserted: (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:
Struck: "(f) Combined Entitlements.--
"([inserted: f)(]1)
[struck: In general.--]The entitlements received by any Village Corporation under subsection (a) and[struck: acreage reallocated ][inserted: the reallocations made to the Village Corporation ]under subsection (b) may be combined, at the discretion of the Secretary, without--"(A) increasing or decreasing
[struck: to either][inserted: 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)
[struck: Source of entitlement.--]The combined entitlement under paragraph (1) may be fulfilled from selections under subsection (a) or (b) without regard to the entitlement specified in the selection application."(3)
[struck: Adjudication and conveyance.--]All selections under a combined entitlement [inserted: under paragraph (1) ]shall be adjudicated and conveyed in compliance with this Act."(4)
[struck: No additional patents or surveys.--]Except in a case in which[struck: is ]a survey has been contracted for before the date of enactment of this subsection, the combination of entitlements under paragraph (1) shall not require separate patents or surveys, to distinguish between conveyances made to a Village Corporation under subsections (a) and (b).".SEC. 203.
[struck: CONVEYANCE OF LAST ][inserted: 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:
Struck: "(d) Acreage Limitations.--
"([inserted: d)(]1)
[struck: In general.--]The Secretary"; and(2) by adding at the end the following:
Struck: "(2) Conveyance of last whole section.--
Struck: "(A) In general.--If the calculations of the Bureau of Land Management relating to acreage entitlements indicate that an entitlement may be fulfilled by conveying the next prioritized section to a Village Corporation (other than a Village Corporation under section 16), the Director of the Bureau of Land Management and the affected Village or Regional Corporation may enter into an agreement providing that all land entitlements under this Act shall be deemed satisfied by conveyance of a specifically identified and agreed upon tract of that land.
Struck: "(B) Requirements.--An agreement entered into under subparagraph (A) shall be--
Inserted: "(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--
Inserted: "(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;
Inserted: "(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
Inserted: "(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.
Inserted: "(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.
Inserted: "(B) An agreement entered into under subparagraph (A) shall be--
"(i) in writing;
"(ii) executed by the
[struck: Director of the Bureau of Land Management ][inserted: Secretary ]and the Village or Regional Corporation; and"(iii) authorized by a corporate resolution
[struck: enacted][inserted: adopted] by the affected Village or Regional Corporation."(C)
[struck: No adjustments to land entitlements.--]After execution of an agreement under subparagraph (A) and conveyance of the agreed upon tract to the affected Village or Regional Corporation--"(i) the
[struck: Director of the Bureau of Land Management ][inserted: 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)
[struck: Limitation.--]A Village or Regional Corporation shall not be eligible to receive land under subparagraph (A) if[inserted: the Village or Regional Corporation has received the full land entitlement of the Village or Regional Corporation through]--Struck: "(i) the Village or Regional Corporation has received the full land entitlement of the Village or Regional Corporation through--
"(
[struck: I][inserted: i]) [inserted: an ]actual conveyance of[struck: the ]land; or"(
[struck: II][inserted: ii])[struck: an agreement; or][inserted: a previous agreement.]Struck: "(ii) the final survey boundaries of the Village or Regional Corporation's land entitlement have been established.
Struck: "(E) Effect.--This paragraph does not limit or otherwise affect the ability of a Village or Regional Corporation to enter into land exchanges with the United States.".
Struck: SEC. 204. DISCRETIONARY AUTHORITY TO CONVEY SUBSURFACE ESTATE IN PRE- ANCSA REFUGES.
Struck: Section 14(f) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(f)) is amended--
Show 9 more struck paragraphsShow less
Struck: (1) by striking "(f) When the Secretary" and inserting the following:
Struck: "(f) Patent to the Subsurface Estate.--
Struck: "(1) In general.--When the Secretary";
Struck: (2) by striking ": Provided," and inserting a period;
Struck: (3) by striking "That the right" and inserting the following:
Struck: "(2) Consent of village corporation required.--The right"; and
Struck: (4) by adding at the end the following:
Struck: "(3) Offering of certain subsurface estates in refuge land.--The subsurface estate beneath the surface estate conveyed to a Village Corporation in a National Wildlife Refuge in existence on December 18, 1971 (except the Kenai National Wildlife Refuge and the Kodiak National Wildlife Refuge), may, at the discretion of the Secretary, be offered to the appropriate Regional Corporation as an alternative to the selection of the subsurface estate under section 12(a)(1).".
Struck: SEC. 205. CONVEYANCE OF CEMETERY SITES AND HISTORICAL PLACES.
Inserted: "(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)--
Inserted: "(i) the entitlement shall be considered satisfied by the conveyance of the surveyed area; and
Inserted: "(ii) the Secretary shall not change the survey for the sole purpose of an acreage adjustment.
Inserted: "(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.".
Inserted: 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:
Struck: "(1) Cemetery sites and historical places.--
"([inserted: 1)(]A)
[struck: In general.--]The Secretary";(2) by striking "Only title" and inserting the following:
"(B)
[struck: Land located in a wildlife refuge.--]Only title"; and(3) by adding at the end the following:
Struck: "(C) Waiver of acreage allocations.--
"([inserted: C)(]i)
[struck: In general.--]Notwithstanding acreage allocations made before the date of enactment of this subparagraph, the Secretary may convey any cemetery site or historical place--"(I) with respect to which there is an application on record with the Secretary on the date of enactment of this paragraph; and
"(II) that is eligible for conveyance.
"(ii)
[struck: Applicability.--]Clause (i) shall [inserted: 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
[struck: reinstatement.--No ]applications submitted for the conveyance of land under subparagraph (A) that were closed before the date of enactment of this paragraph may be reinstated other than those specified in subparagraph (C)(ii)."(E)
[struck: No new applications or amendments.--]After the date of enactment of this paragraph--"(i) no application may be filed for the conveyance of land under subparagraph (A); and
Struck: "(ii) no pending application may be amended to include additional land under that subparagraph.
Struck: "(F) No waiver of regulations.--The Secretary shall not waive any regulations relating to withdrawals and conveyances under subparagraph (A).
Inserted: "(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.
"(
[struck: G][inserted: F])[struck: Requirements applicable to applications for historic places.--]Unless, not later than 1 year after the date of enactment of this paragraph, a Regional Corporation that has filed an application for a historic place submits to the Secretary a statement on the significance of and the location of the historic place--"(i) the application shall not be valid; and
"(ii) the Secretary shall reject the application.
Struck: "(H) Relinquishment.--A Regional Corporation may elect to relinquish eligible cemetery sites or historical places located within the boundaries of a conservation system unit (as defined in section 102 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3102)) on the execution of an agreement between the Federal land management agency and the affected Regional Corporation that describes--
Struck: "(i) the statutory responsibilities of the Federal land management agency with respect to protecting the cemetery site or historical place that is relinquished; and
Struck: "(ii) any other terms to which the Federal land management agency and Regional Corporation agree.
Struck: "(I) No reservation of easement.--Section 17(b)(3) shall not apply to cemetery sites or historical places conveyed under subparagraph (A), but a conveyance under that paragraph shall be subject to an easement for roads and trails in existence at the time of conveyance.".
Show 38 more struck paragraphsShow less
Struck: SEC. 206. APPROVED ALLOTMENTS.
Struck: Section 14(h)(6) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(6)) is amended--
Struck: (1) by striking "(6) The Secretary" and inserting the following:
Struck: "(6) Approved allotments.--
Struck: "(A) In general.--The Secretary";
Struck: (2) by striking "this Act;" and inserting "this Act, a total of 184,663 acres, as described in the report entitled 'Audit Summary ANCSA 14(h)(6) Acreage', dated July 1983, and in 48 Fed. Reg. 37086 (August 16, 1983).";
Struck: (3) by striking "Any minerals" and inserting the following:
Struck: "(B) Mineral reservations.--
Struck: "(i) In general.--Any minerals"; and
Struck: (4) by inserting after subparagraph (B)(i) (as redesignated by paragraph (3)) the following:
Struck: "(ii) Election.--With respect to reserved mineral estates that are located partly in an area that qualifies for in-lieu subsurface selection, the Regional Corporation may elect to take the reserved minerals in the entire allotment or to take the entire acreage as in- lieu.
Struck: "(iii) No subdivision.--United States surveys shall not be subdivided to accommodate conveyance of a reserved mineral estate under this subparagraph.".
Struck: SEC. 207. ALLOCATIONS BASED ON POPULATION.
Struck: Section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)) is amended--
Struck: (1) by striking "(8)(A) Any portion" and inserting the following:
Struck: "(8) Allocations based on population.--
Struck: "(A) In general.--Any portion";
Struck: (2) by striking "(B) Such allocation" and inserting the following:
Struck: "(B) Allocation for southeastern alaska.--Such allocation"; and
Struck: (3) by adding at the end the following:
Struck: "(C) Alternative methods of distribution.--
Struck: "(i) In general.--In lieu of an allocation in accordance with the method of distribution under subparagraph (A), a Regional Corporation may elect to receive an allocation in accordance with clause (ii) or (iii).
Struck: "(ii) Percentage share.--
Struck: "(I) In general.--A Regional Corporation eligible for an additional allocation under subparagraph (A) may irrevocably elect, not later than 1 year after the date of enactment of this subparagraph, to take the Regional Corporation's percentage share of an additional 255,000 acres above any acreage allocated as of January 1, 2003.
Struck: "(II) Waiver.--Any Regional Corporation electing to take a percentage share under subclause (I) shall waive any additional gain or loss that the Regional Corporation may have been eligible to receive under subparagraph (A).
Struck: "(iii) Settlement agreement.--
Struck: "(I) In general.--A Regional Corporation eligible to participate in an additional allocation under subparagraph (A) may irrevocably elect, not later than 1 year after the date of enactment of this subparagraph, to enter into good faith negotiations with the Secretary for a settlement agreement relating to the Regional Corporation's entitlement under subparagraph (A).
Struck: "(II) Requirements.--An agreement entered into under subclause (I) shall--
Struck: "(aa) establish the number of acres to be allocated to the Regional Corporation, which shall be considered to be the remaining entitlement of the Regional Corporation; and
Struck: "(bb) provide that the United States and the Regional Corporation agree to waive any additional gain or loss that would have been available under subparagraph (A).
Struck: "(III) Deadline for agreement.--A Regional Corporation shall have not later than the date that is 2 years after the date of enactment of this subparagraph to reach a final agreement with the Secretary under this clause.
Struck: "(IV) No agreement.--If an agreement is not executed by the date specified in clause (III)--
Struck: "(aa) the authority of the Secretary to enter into such an agreement shall terminate; and
Struck: "(bb) any allocations of entitlements under subparagraph (A) of the Regional Corporation shall be deferred until the date on which all allocations under this subsection are completed.
Struck: "(iv) Applicability.--This subparagraph shall not apply to--
Struck: "(I) Cook Inlet Region Incorporated and Koniag, Inc.; or
Struck: "(II) any Regional Corporation that has entered into a prior agreement relating to the entitlement of the Regional Corporation under subparagraph (A), the terms of which would be modified or negated by the agreement entered into under clause (iii).".
Struck: SEC. 208. AUTHORITY TO WITHDRAW LAND.
Inserted: "(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--
Inserted: "(i) identifying any third party interest to which a conveyance under subparagraph (A) should be made subject; and
Inserted: "(ii) describing any easements recommended for reservation.".
Inserted: SEC. 205. ALLOCATIONS BASED ON POPULATION.
Inserted: 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:
Inserted: "(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).
Inserted: "(ii) Clause (i) shall apply to Chugach Alaska Corporation pursuant to the terms of the 1982 CNI Settlement Agreement.
Inserted: "(iii) With respect to Cook Inlet Region, Inc., or Koniag, Inc.--
Inserted: "(I) clause (i) shall not apply; and
Inserted: "(II) the portion of the 200,000 acres allocated to Cook Inlet Region Inc. or Koniag, Inc., shall be retained by the United States.
Inserted: "(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.".
Inserted: 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:
Struck: "(10) Withdrawals.--
"([inserted: 10)(]A)
[struck: In general.--]Notwithstanding"; and(2) by adding at the end the following:
"(B)
[struck: Selections not on file.--]If a Regional Corporation does not have enough valid selections on file to fulfill the remaining entitlement of the Regional Corporation under[struck: subsection][inserted: paragraph] ([struck: a][inserted: 8])[struck: or (b)], the Secretary may use the withdrawal authority under subparagraph (A) to withdraw land[struck: for selection and conveyance to the Regional Corporation to fulfill that entitlement, except that the Secretary may not withdraw land located within ][inserted: that is vacant, unappropriated, and unreserved on ]the[struck: boundaries][inserted: date] of[struck: a conservation system unit (as defined in section 102 of][inserted: enactment of this subparagraph for selection by, and conveyance to,] the[struck: Alaska National Interest Lands Conservation Act (16 U.S.C][inserted: Regional Corporation to fulfill the entitlement].[struck: 3102)).]".Struck: SEC. 209. BUREAU OF LAND MANAGEMENT LAND.
Struck: (a) Classification.--
Struck: (1) In general.--Notwithstanding revocation of a withdrawal under section 17(d)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1616(d)(1)), the Secretary may classify or reclassify any land administered by the Bureau of Land Management in the State to open or close the land to any form of appropriation or use under the public land laws.
Struck: (2) Judicial review.--A decision to classify or reclassify land under paragraph (1) shall not be subject to judicial review.
Show 6 more struck paragraphsShow less
Struck: (b) Withdrawn Land.--Land in the State administered by the Bureau of Land Management that is withdrawn under section 17(d)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1616(d)(1)), but not otherwise withdrawn or reserved, may be opened, without environmental review, to all forms of appropriation under the public land laws, including location and entry under the Mining Law of 1872 (30 U.S.C. 22 et seq.), by publication of a classification order in the Federal Register.
Struck: (c) Land Included in an Approved Resource Management or Land Use Plan.--Land that is included in an approved resource management or land use plan and that is not segregated (including land in the Steese National Conservation Area) may be opened or closed to location and entry under the Mining Law of 1872 (30 U.S.C. 22 et seq.) and under the Mineral Leasing Act (30 U.S.C. 181 et seq.), consistent with the plan, by publication in the Federal Register of a classification order that describes--
Struck: (1) the land to be opened;
Struck: (2) the public land laws to which the opening applies; and
Struck: (3) the effective date of the opening.
Struck: SEC. 210. AUTOMATIC SEGREGATION OF LAND FOR UNDERSELECTED VILLAGE CORPORATIONS.
Inserted: SEC. 207. REPORT ON WITHDRAWALS.
Inserted: Not later than 18 months after the date of enactment of this Act, the Secretary shall--
Inserted: (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;
Inserted: (2) provide an opportunity for public notice and comment, including recommendations with regard to lands to be reviewed under paragraph (1); and
Inserted: (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.
Inserted: 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)
[struck: Agreement.--]In lieu of withdrawal under paragraph (2), land may be segregated from all other forms of appropriation for the purposes described in that paragraph if--"(A) the Secretary and the Village Corporation enter into an agreement identifying the land for selection; and
"(B) the Village Corporation files an application for selection of the land.".
Struck: SEC. 211. PROCEDURES RELATING TO DISSOLVED OR LAPSED NATIVE CORPORATIONS.
Struck: Section 22 of the Alaska Native Claims Settlement Act (43 U.S.C. 1621) is amended by adding at the end the following:
Struck: "(n) Dissolved or Lapsed Native Corporations.--
Struck: "(1) In general.--Not later than the date that is 2 years after the date of enactment of this subsection, a Native Corporation entitled to receive land under this Act that has allowed the corporate status of the Native Corporation to lapse or has otherwise dissolved or ceased to do business, may, in accordance with State law, reestablish the Native Corporation.
Show 9 more struck paragraphsShow less
Struck: "(2) Conveyance.--If the Native Corporation is not reestablished by the date described in subsection (a) or allows the corporate status of the Native Corporation to lapse after that date, the remaining entitlement of the Native Corporation, if any, shall be conveyed to the Regional Corporation, subject to the condition that the land not be sold or otherwise alienated to any other person or entity other than the Village Corporation for a period of at least 12 years.
Struck: "(3) Effect.--After the Regional Corporation assumes responsibility for administering the assets for a lapsed or dissolved Native Corporation, the Regional Corporation may--
Struck: "(A) file relinquishments of selections;
Struck: "(B) return land to the United States to accommodate an allotment;
Struck: "(C) reprioritize land selections before the deadline in section 404 of the Alaska Land Transfer Acceleration Act of 2003;
Struck: "(D) negotiate settlement of remaining entitlement under section 212 of the Alaska Land Transfer Acceleration Act of 2003; and
Struck: "(E) take any appropriate actions to bring the lapsed or dissolved Native Corporation into compliance with State law.
Struck: "(4) Reestablishment under state law.--If the lapsed or dissolved Native Corporation reestablishes itself under State law, on petition from the reestablished Native Corporation, the property conveyed to the Regional Corporation from the reestablished Native Corporation's prior entitlement shall be conveyed by the Regional Corporation to the reestablished Native Corporation.
Struck: "(5) Priorities.--If a lapsed or dissolved Native Corporation fails to establish, by the prioritization deadlines established by the Alaska Land Transfer Acceleration Act of 2003, irrevocable final priorities in accordance with section 404 of that Act, the Regional Corporation shall establish the priorities by the deadline established by section 404 of that Act.".
SEC.
[struck: 212][inserted: 209]. SETTLEMENT OF REMAINING ENTITLEMENT.(a) In General.--The Secretary may enter into a binding
[struck: ,]written agreement with[struck: any][inserted: 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.)[inserted: 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));[inserted: and]
(7) the resolution of conflicts with Native allotment applications
[struck: ; and][inserted: .]Struck: (8) any other matters that may facilitate the conveyance to the Native Corporation.
(b) Requirements.--An agreement under subsection (a)--
(1) shall be authorized
[struck: in][inserted: by] a[struck: corporate ]resolution of the Native Corporation[struck: subject to][inserted: 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.
Struck: (c) Reservation of Easements.--In an agreement under subsection (a), the Secretary may--
Struck: (1) reserve easements under subsection (b) of section 17 of the Alaska Native Claims Settlement Act (43 U.S.C. 1616(b));
Struck: (2) realign easements reserved under that subsection before the date of enactment of this Act; and
Struck: (3) correct conveyance documents to reflect the reservation of easements under that subsection.
Inserted: (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
[struck: consult with][inserted: ensure that] the[struck: head of the agency administering][inserted: concerns or issues identified by] the[struck: land to be conveyed and ][inserted: State and all Federal agencies potentially affected by ]the[struck: State][inserted: agreement are given consideration].(e) Errors.--Any Native Corporation entering into an agreement under subsection (a) shall receive any gain or bear any loss
[struck: arising out of ][inserted: 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
[struck: by the Secretary and a Village Corporation or other Native Corporation ]under subsection (a) shall be binding on a Regional Corporation with respect to the location and quantity of subsurface rights of the Regional Corporation under section 14(f) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(f)).Struck: SEC. 213. CONVEYANCE TO KAKTOVIK INUPIAT CORPORATION AND ARCTIC SLOPE REGIONAL CORPORATION.
Struck: Notwithstanding section 1302(h)(2) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), the Secretary shall convey--
Struck: (1) to the Kaktovik Inupiat Corporation the surface estate of the land described in paragraph (1) of Public Land Order 6959--
Inserted: (3) Effect on entitlement.--Nothing in this section increases the entitlement provided to any Native Corporation under--
(A)
[struck: to ]the[struck: extent necessary to fulfill the Corporation's entitlement under section 12 of the ]Alaska Native Claims Settlement Act (43 U.S.C.[struck: 1611][inserted: 1601 et seq.]);[struck: and][inserted: or]Struck: (B) in accordance with the terms and conditions of the Agreement between the Department of the Interior, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation effective January 22, 1993; and
Struck: (2) to the Arctic Slope Regional Corporation the remaining subsurface estate to which the Regional Corporation is entitled under the August 9, 1983, agreement between the Arctic Slope Regional Corporation and the United States.
Inserted: (B) the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.).
Inserted: (g) Boundaries of a Native Village.--An agreement entered into under subsection (a) may not define the boundaries of a Native Village.
Inserted: (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
Struck: SEC. 301. TITLE AFFIRMATION OF NATIVE ALLOTMENT LOCATION AND DESCRIPTION.
Inserted: 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:
Struck: "(d) Title Affirmation.--
"([inserted: d)(]1)
[struck: In general][inserted: 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].[struck: --The ][inserted: 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[struck: a valid ][inserted: the ]allotment application to exclude the described allotment land with the written concurrence of the Native Corporation or the State."(2)
[struck: Concurrence.--]A written concurrence shall--"(A) include a finding that the land description proposed by the Secretary is acceptable; and
"(B) attest that the Native Corporation or the State has not--
"(i) granted any third party rights or taken any other action that would affect the ability of the United States to convey full title under the Act of May 17, 1906 (34 Stat. 197, chapter 2469); and;
"(ii) stored or allowed the deposit of hazardous waste on the land.
"(3)
[struck: Corrected document.--]On receipt of an acceptable written concurrence, the[struck: Alaska State Office of the Bureau of Land Management ][inserted: 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
[struck: other documentation required.--No ]documents of reconveyance from the State or an Alaska Native Corporation or evidence of title, other than the written concurrence and attestation described in paragraph ([struck: 1][inserted: 2]), are necessary to use the procedures authorized by this subsection.[inserted: ".]Struck: "(5) Effect on liability.--Nothing in this section relieves the State, the United States, or any other entity of any existing liability under Federal or State law arising out of the presence or release of hazardous or toxic substances or solid wastes nor shall the United States be subject to such liability under applicable laws solely as a result of taking any actions under this subsection.".
SEC. 302. TITLE RECOVERY OF NATIVE ALLOTMENTS[inserted: .]
(a) In General.--
[struck: If the State or any Native Corporation does not elect to take advantage ][inserted: In lieu of the process for the correction ]of[struck: the title affirmation process ][inserted: conveyance documents ]available under subsection (d) of section 18 of the Alaska Native Claims Settlement Act (as added by section 301),[struck: the State or ]any Native Corporation may[struck: quitclaim, by a date certain established ][inserted: elect to reconvey all of the land encompassed ]by[struck: the Secretary, all][inserted: an allotment claim] or[struck: any part][inserted: a portion] of[struck: its interest in ][inserted: the allotment claim agreeable to ]the[struck: land encompassed by an allotment ][inserted: applicant in satisfaction of the entire ]claim by tendering a valid and appropriate deed to the United States.Struck: (b) Acceptance of Deed by United States.--The United States may accept the deed if the United States determines that the issuance of an allotment is appropriate based on evidence of record with the Bureau of Land Management or attestation of the State or Native Corporation as to the use of the land by the allotment applicant.
Struck: (c) Offering of Alternate Land.--The State, under the authority granted in section 18(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1617(c)), or a Native Corporation under the authority granted in section 303, may elect to offer land other than those encompassed by the allotment claim in substitution for the originally described land.
Struck: (d) Acceptance of Deed by Applicant.--Before the acceptance of the title by the United States, the Secretary shall provide the applicant or the personal representative of a deceased applicant 90 days to accept the offered deed.
Struck: (e) Acceptance by United States.--On receipt of the applicant's acceptance, the Secretary may accept the quitclaim deed and issue the allotment.
Show 5 more struck paragraphsShow less
Struck: (f) Binding Effect.--The allottee shall be bound by the terms and conditions of the conveyance to the United States and the conveyance to the allottee by the United States.
Struck: (g) Survey.--If acceptance by the applicant is not received by the Bureau of Land Management, Alaska State Office, within the 90-day time period provided under subsection (d), the United States shall, with the permission of the landowner, survey the boundaries of the allotment claim on file with the Secretary to fix in an irrevocable manner the location of the claim.
Struck: (h) No Documentation Required.--When the Secretary reacquires title to land from a Native Corporation or the State for the purpose of conveying an allotment, there shall be no requirement to prepare a certificate of inspection and possession or to perform a hazardous materials inspection prior to the acceptance of the reconveyance to the United States or conveyance to the Native allotment applicant.
Struck: (i) No Liability.--The United States shall not be liable for any contamination on the land solely by virtue of reacquiring title or conveying the allotment.
Struck: SEC. 303. NATIVE ALLOTMENT RELOCATION ON LAND SELECTED BY OR CONVEYED TO A NATIVE CORPORATION.
Inserted: (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.
Inserted: (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.
Inserted: (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.
Inserted: 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:
Struck: "(e) Amendment of Land Description.--
"([inserted: e)(]1)
[struck: In general.--]An allotment applicant who had[struck: a valid ][inserted: an ]application pending before the Department of the Interior on December 18, 1971, and whose application is still open on the records of the[struck: Secretary ][inserted: Department of the Interior ]as of the date of enactment of this subsection may[struck: amend][inserted: 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
[struck: amended][inserted: 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;[struck: and]Inserted: "(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
"(
[struck: C][inserted: D]) the Native Corporation[struck: , or its successor in interest, ][inserted: ]that selected the land or[struck: received an interim conveyance or patent for the land, ][inserted: 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[struck: amended][inserted: revised] application.Struck: "(2) Right of first refusal.--
Struck: "(A) In general.--The allotment applicant and the Native Corporation may agree that the Native Allotment Certificate, when issued, shall contain a right of first refusal allowing the Native Corporation to match any offer to buy the allotted land at or over appraised value, with approval of an authorized official of the Bureau of Indian Affairs, within 30 days of notice of intent to accept an offer.
Struck: "(B) Filing.--Any agreement to make the allotment subject to such a right of first refusal shall be in writing and shall be filed with the Alaska State Office of the Bureau of Land Management. The right of first refusal shall not apply to transfers of the land to family members or to transfers by gift deed.
Struck: "(3) Concurrence required.--If an application pending before the Department of the Interior as described in paragraph (1) describes land selected by, but not conveyed by interim conveyance or patent to a Native Corporation, the concurrence of an authorized official of the Bureau of Land Management and regional head of the managing Federal agency if different than the Bureau of Land Management shall be required in order for an application to proceed under this section.
Show 4 more struck paragraphsShow less
Struck: "(4) Native allotment certificate.--
Struck: "(A) In general.--On acceptance of a reconveyance or relinquishment from a Native Corporation under paragraph (1), the Secretary shall issue a native allotment certificate to the applicant for the land reconveyed or relinquished by the Native Corporation.
Struck: "(B) Inclusions.--The Native Allotment Certificate shall include a right of first refusal if a written copy of an agreement to include such provision is filed with the Alaska State Office of the Bureau of Land Management prior to issuance of the Native Allotment Certificate.
Struck: "(C) Reservations.--Any allotment relocated under this section shall, when allotted, be made subject to any easement, trail, or right-of-way in existence on the relocated allotment land on the date of relocation.".
Inserted: "(2) The land description in an allotment application may not be revised under this section unless the Secretary has determined--
Inserted: "(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;
Inserted: "(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
Inserted: "(C) that the proposed revision will facilitate completion of a land transfer in the State.
Inserted: "(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.
Inserted: "(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
[struck: of Alaska ]or an affected Native Corporation to account for any difference in the amount of acreage between the corrected description and the previous description in any conveyance document as a result of actions taken under section 18(d) of the Alaska Native Claims Settlement Act (as added by section 301)[struck: , section 302, ][inserted: ]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[struck: timely completion of ]land[struck: transfer][inserted: transfers] in[struck: Alaska][inserted: the State].(b) Limitation.--No adjustment to the acreage conveyance computations shall be made where the State
[struck: of Alaska ]or an affected Native Corporation retains a partial estate in the described allotment land.(c) Availability of Additional Land.--If, as a result of implementation under section 18(d) of the Alaska Native Claims Settlement Act (as added by section 301) or
[struck: section 302][inserted: 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[struck: has sole and unreviewable discretion to ][inserted: may ]use the authority and procedures available under [inserted: paragraph (3) of ]section 22(j)[struck: (2)]of the Alaska Native Claims Settlement Act (43 U.S.C. 1621(j)[struck: (2])[struck: ) and ][inserted: (as added by ]section[struck: 207][inserted: 208)] to make additional land available for selection by the Village Corporation.Struck: SEC. 305. NATIVE ALLOTMENT DEADLINES.
Inserted: 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:
Struck: "(f) Request for Reinstatement.--
"([inserted: f)(]1)
[struck: In general.--An][inserted: If an] applicant for a Native allotment filed under the Act of May 17, 1906 (34 Stat. 197, chapter 2469)[struck: or filed under section 41 of this Act shall be entitled to have ][inserted: petitions ]the Secretary[struck: accept a reinstatement of ][inserted: 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,[struck: only if ]the[struck: applicant filed a request for reinstatement or acceptance of a reconstructed application with the Alaska State Office, Bureau of Land Management, before the date of enactment of this subsection.][inserted: United States--]Struck: "(2) Requirements.--No request to accept a Native allotment application as timely filed, submitted before the date of enactment of this subsection, shall be granted unless the request or application contains--
Struck: "(A) the name of the person to whom the application was originally given;
Struck: "(B) the Department of the Interior Bureau for whom that person worked;
Struck: "(C) the month and year in which the application was originally submitted;
Show 10 more struck paragraphsShow less
Struck: "(D) the place at which the application was originally submitted (address or specific location, more than the community's name);
Struck: "(E) a complete application, including--
Struck: "(i) the date of commencement of qualifying use and occupancy;
Struck: "(ii) a description of the land for which the application is being made;
Struck: "(iii) a map sufficient to locate the property on the ground; and
Struck: "(iv) at least 2 written statements from knowledgeable individuals attesting to the applicant's qualifying use and occupancy of the land described in the application;
Struck: "(F) a written explanation setting forth all information known concerning the original filing of the application and the reasons that the application was not forwarded when originally submitted, if known, which explanation shall not include any additional information or explanatory material that was filed after the date of enactment of this Act; and
Struck: "(G) sworn statements from at least 2 knowledgeable individuals, with their current addresses, who will not benefit from the granting of the Native allotment application, attesting to the fact that an application for Native allotment was originally filed as set forth in the request, not including any additional witness statements or supplementation of the previously submitted statements.
Struck: "(3) Prohibition on reopening of application.--No application for a Native allotment that was closed, whether through relinquishment, denial or otherwise, under the laws (including regulations) that existed as of the date of closure, shall be reopened after the date of enactment of this subsection.
Struck: "(4) Voluntary reconveyance.--The United States--
"(A) may seek voluntary reconveyance of any land described in
[struck: a][inserted: the] application that is[struck: reopened, accepted, ][inserted: reinstated ]or[struck: is ]reconstructed[struck: that is accepted as timely filed ]after the date of enactment of this[struck: Act][inserted: subsection]; but[struck: "(B) shall not file an action in any court to recover title from a current landowner.]Struck: "(5) Exception.--Except as otherwise provided in this subsection, after the date of enactment of this subsection, no requests to amend an allotment description may be granted unless the request is initiated by the Secretary in order to conform the allotment description to its on-the-ground or surveyed description.".
Struck: SEC. 306. ELIMINATION OF SHORE SPACE MEASUREMENT.
Struck: Section 18 of the Alaska Native Claims Settlement Act (43 U.S.C. 1617) (as amended by section 305) is amended by adding at the end the following:
Struck: "(g) Applicability of Shore Space Measurement Requirement.-- Section 2094 of part 43, Code of Federal Regulations, (relating to Shore Space) shall not apply to Native allotment applications which are required to be adjudicated under the Act of May 17, 1906 (34 Stat. 197, chapter 2469), if the land has been surveyed before the date of enactment of this Act or has been the subject of a field examination, before the date of enactment of this subsection, which did not recommend adjustment of the land that is the subject of the application due to excessive shore space.".
Show 1 more struck paragraphShow less
Struck: SEC. 307. AMENDMENTS TO SECTION 41 OF THE ALASKA NATIVE CLAIMS SETTLEMENT ACT.
Inserted: "(B) shall not file an action in any court to recover title from a current landowner.
Inserted: "(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.".
Inserted: 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
[struck: , include land valuable for deposits ][inserted: be defined as provided in section 905(a)(3) ]of[struck: sand or gravel ][inserted: the Alaska National Interest Lands Conservation Act (42 U.S.C. 1634(a)(3)), ]except[struck: for claims describing ][inserted: that such definition shall not apply to ]land within[struck: the National Park System][inserted: a conservation system unit])"; and(2) in paragraph (2)--
(A) by redesignating subparagraphs (A), (B), and[inserted: (C) as clauses (i), (ii), and (iii), respectively, and indenting the clauses appropriately;]
Struck: (C) as clauses (i), (ii), and (iii), respectively;
(B) by inserting "(A)" after "(2)";
(C) in clause (ii) (as redesignated by subparagraph (A)), by inserting after "Department of Veterans Affairs" the following: "or based on other evidence acceptable to the Secretary
[struck: of the Interior]"; and(D) by adding at the end the following:
"(B)(i) If the Secretary requests that the Secretary of Veterans Affairs make a determination whether a veteran died as a direct consequence of a wound received in action, the Secretary of Veterans Affairs shall, within 60 days of receipt of the request--
3 unchanged paragraphsHide unchanged text
"(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
[struck: Director of the Bureau of Land Management (referred to in this title as the "Director")][inserted: Secretary], in coordination and consultation with Native Corporations, [inserted: 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.
[struck: DEADLINES][inserted: DEADLINE] FOR ESTABLISHMENT OF VILLAGE PLANS.Not later than 30 months after the date of enactment of this Act, the
[struck: Director][inserted: 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[inserted: .]
(a) In General.--Any
[struck: Village or Regional ][inserted: Native ]Corporation that has not [inserted: received its full entitlement or ]entered[struck: in][inserted: into] a voluntary, negotiated settlement of final entitlement[struck: under section 212 by the date of enactment of this Act, ]shall submit the final, irrevocable priorities of the[struck: Village or Regional ][inserted: Native ]Corporation--(1) [inserted: in the case of a Village, Group, or Urban Corporation entitlement, ]not later than 36 months after the date of enactment of this Act
[struck: for Village Corporations]; and(2) [inserted: in the case of a Regional Corporation entitlement, ]not later than 42 months after the date of enactment of this Act
[struck: for Regional Corporations].(b) Acreage Limitations.--The priorities submitted under subsection (a) shall not exceed land that is the greater of--
(1) not more than 125 percent of the remaining entitlement; or
(2) not more than 640 acres in excess of the remaining entitlement.
(c) Corrections.--
(1) In general.--Except as provided in paragraph (2), the priorities submitted under subsection (a) may not be revoked, rescinded, or modified by the
[struck: Village or Regional ][inserted: Native ]Corporation.(2) Technical corrections.--Not later than 90 days after the date of receipt of a notification by the
[struck: Director][inserted: Secretary] that there[struck: is ][inserted: appears to be ]a technical error in the priorities, the[struck: Village or Regional ][inserted: Native ]Corporation may correct the technical error in accordance with any recommendations of, and in[struck: the][inserted: a] manner prescribed by[inserted: or acceptable to], the[struck: Director][inserted: Secretary].(d) Relinquishment.--
(1) In general.--As of the date on which the
[struck: Village or Regional ][inserted: Native ]Corporation submits[struck: the][inserted: its] final priorities[struck: of the Village or Regional Corporation ]under subsection (a)[struck: , any unprioritized, remaining selections of the Village or Regional Corporation]--Struck: (A) are relinquished; and
Struck: (B) shall have no further segregative effect.
Inserted: (A) any unprioritized, remaining selections of the Native Corporation--
Inserted: (i) are relinquished, but any part of the selections may be reinstated for the purpose of correcting a technical error; and
Inserted: (ii) have no further segregative effect; and
Inserted: (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
[struck: to][inserted: To] Submit Priorities.--If a[struck: Village or Regional ][inserted: Native ]Corporation fails to submit priorities by the deadline specified in subsection (a)--(1) with respect to a
[struck: Village or Regional ][inserted: Native ]Corporation that has priorities on file with the[struck: Director][inserted: Secretary], the[struck: Director][inserted: Secretary]--(A) shall convey to the
[struck: Village or Regional ][inserted: Native ]Corporation the remaining entitlement of the[struck: Village or Regional ][inserted: Native ]Corporation, as determined based on the most recent priorities of the[struck: Village or Regional ][inserted: Native ]Corporation on file with the[struck: Director][inserted: 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
[struck: Village or Regional ][inserted: Native ]Corporation that does not have priorities on file with the[struck: Bureau of Land Management][inserted: Secretary], the[struck: Director][inserted: Secretary] shall satisfy the entitlement by conveying land selected by the[struck: Director][inserted: Secretary], in consultation with the[struck: Village or Regional ][inserted: appropriate Native ]Corporation, the Federal land managing agency[inserted: 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
[struck: Village or Regional ][inserted: Native ]Corporation; and(C) consistent with the applicable preliminary Regional Conveyance and Survey Plan referred to in section 401.
Inserted: (f) Plan of Conveyance.--
Inserted: (1) In general.--The Secretary shall--
Inserted: (A) identify any Native Corporation that does not have sufficient priorities on file;
Inserted: (B) develop priorities for the Native Corporation in accordance with subsection (e); and
Inserted: (C) provide to the Native Corporation a plan of conveyance based on the priorities developed under subparagraph (B).
Inserted: (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).
Inserted: (g) Dissolved or Lapsed Corporations.--
Inserted: (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.
Inserted: (B) To fulfill the notice requirement under paragraph (1), the Secretary shall--
Inserted: (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
Inserted: (ii) seek to notify in writing the last known shareholders of the lapsed or dissolved corporation.
Inserted: (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.
Show 3 more inserted paragraphsShow less
Inserted: (2) If a Native Corporation with final priorities on file with the Bureau of Land Management is lapsed or dissolved, the United States--
Inserted: (A) shall continue to administer the prioritized selected land under applicable law; but
Inserted: (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
[struck: Selection][inserted: Final] Priorities.--(1) In general.--
[struck: Not later than 180 days after][inserted: The State shall, not later than] the date[struck: on which the Director notifies][inserted: that is 4 years after] the[struck: State that the portion ][inserted: date of enactment ]of[struck: the Regional Conveyance and Survey Plan relating to][inserted: this Act, in accordance with section 906(f)(1) of] the Alaska[struck: Native Claims Settlement ][inserted: National Interest Lands Conservation ]Act (43 U.S.C.[struck: 1601 et seq.) is complete,][inserted: 1635(f)(1)), file final priorities with] the[struck: State shall file selection priorities for ][inserted: Secretary for all land grant entitlements to ]the[struck: Regional Conveyance and Survey Plan area][inserted: State which remain unsatisfied on the date of the filing].Struck: (2) Identification of priorities.--In the selection priorities filed under paragraph (1), the State shall identify all prioritized selections as being in 1 of the following 3 categories:
Struck: (A) Irrevocable priorities available for immediate conveyance.
Struck: (B) Topfiled priorities not currently available for conveyance.
Struck: (C) Revocable priorities not available for immediate conveyance.
Show 10 more struck paragraphsShow less
Struck: (b) Conveyance.--The Director shall convey any irrevocable priorities identified under subsection (a)(2)(A) as soon as practicable after the date of enactment of this Act but not later than September 30, 2009.
Struck: (c) Corrections.--
Struck: (1) In general.--Except as provided in paragraph (2), irrevocable priorities identified under subsection (a)(2)(A) may not be rescinded or modified by the State.
Struck: (2) Technical corrections.--Not later than 30 days after the date of receipt of a notification by the Director that there is a technical error in the irrevocable priorities, the State may correct the technical error in accordance with any recommendations of, and in the manner prescribed by, the Director.
Struck: (d) Maximum Acreage.--The cumulative quantity of revocable selections (other than topfilings) shall not exceed 3,525,000 acres.
Struck: (e) Relinquishment.--
Struck: (1) In general.--The State shall relinquish any State selections in a Regional Conveyance and Survey Plan area not identified as an irrevocable, topfiled, or revocable priority.
Struck: (2) Failure to relinquish.--If the State fails to relinquish a selection under paragraph (1), the Director shall reject the selection.
Struck: (f) Filing of Final Priorities.--
Struck: (1) In general.--In addition to the prioritization required under subsection (a), the State shall, not later than the date that is 4 years after the date of enactment of this Act, in accordance with section 906(f)(1) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1635(f)(1)), file final priorities with the Bureau of Land Management for all land grant entitlements to the State which remain unsatisfied on the date of the filing.
(2) Ranking.--All selection applications on file with the
[struck: Bureau of Land Management ][inserted: Secretary ]on the date specified in paragraph (1) shall--(A) be ranked[inserted: 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
[struck: topfiled][inserted: 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
[struck: topfilings][inserted: top-filings] shall not be counted against the 125 percent limitation[inserted: established under section 906(f)(1) of the Alaska National Interest Lands Conservation Act (43 U.S.C].[inserted: 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
[struck: Director][inserted: Secretary] shall reject the selection.Inserted: (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.
(
[struck: g][inserted: b]) Deadline for Prioritization.--(1) In general.--The State shall irrevocably prioritize sufficient selections to allow the
[struck: Director][inserted: Secretary] to complete transfer of 101,000,000 acres by September 30, 2009.Struck: (2) Financial assistance.--The Director may, using amounts made available to carry out this Act, provide financial assistance to other Federal agencies, the State, and Native Corporations and entities to assist in completing the transfer of land by September 30, 2009.
(
[struck: 3][inserted: 2]) Reprioritization.--Any selections remaining after September 30, 2009, may be reprioritized.Inserted: (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
[struck: shall][inserted: may] establish a[struck: hearings ][inserted: field office of the Office of Hearings ]and[struck: appeals process ][inserted: Appeals in the State ]to decide [inserted: matters within the jurisdiction of the Department of the Interior involving hearings and ]appeals[struck: from ][inserted: , and other review functions of the Secretary regarding ]land transfer decisions[struck: issued by the Secretary ][inserted: and Indian probates ]in the State.Struck: (b) Administrative Law Judges.--
Struck: (1) Appointment.--For purposes of carrying out subsection (a), the Secretary may appoint administrative law judges or other officers to hear appeals under subsection (a) for a specified term, as determined by the Secretary.
Struck: (2) Powers.--Judges and other officers appointed under paragraph (1) shall have the powers set forth in section 556(c) of title 5, United States Code.
Struck: (c) Regulations.--
Show 2 more struck paragraphsShow less
Struck: (1) In general.--Notwithstanding the fact that proposed regulations have not been published, on establishment of the hearings and appeals process under subsection (a) the Secretary shall immediately publish in the Federal Register final regulations establishing procedures and practices for the hearings and appeals process.
Struck: (2) Applicable law.--Section 910 of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1638) shall apply to the regulations published under paragraph (1).
Inserted: (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
[struck: TO CONGRESS][inserted: 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.
1 unchanged paragraphHide unchanged text
(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.
[struck: TITLE VII--][inserted: SEC. 602. ]AUTHORIZATION OF APPROPRIATIONS[inserted: .]Struck: SEC. 701. AUTHORIZATION OF APPROPRIATIONS.
[struck: (a) In General.--]There are authorized to be appropriated such sums as are necessary to carry out the purposes of this Act.Struck: (b) Availability of Funds.--Amounts appropriated under subsection (a) shall be available until expended.
Original wording
Strike all after the enacting clause and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 4056. Mr. FRIST (for Mr. Domenici) proposed an amendment to the bill S. 1466, to facilitate the transfer of land in the State of Alaska, and for other purposes; as follows:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the “Alaska Land Transfer Acceleration Act”.
(b) Table of Contents.--The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--STATE SELECTIONS AND CONVEYANCES
Sec. 101. Community grant selections and conveyances.
Sec. 102. Prioritization of land to be conveyed.
Sec. 103. Selection of certain reversionary interests held by the United States.
Sec. 104. Effect of hydroelectric withdrawals.
Sec. 105. Entitlement for the University of Alaska.
Sec. 106. Settlement of remaining entitlement.
Sec. 107. Effect of Federal mining claims.
Sec. 108. Land mistakenly relinquished or omitted.
TITLE II--ALASKA NATIVE CLAIMS SETTLEMENT ACT
Sec. 201. Land available after selection period.
Sec. 202. Combined entitlements.
Sec. 203. Authority to convey by whole section.
Sec. 204. Conveyance of cemetery sites and historical places.
Sec. 205. Allocations based on population.
Sec. 206. Authority to withdraw land.
Sec. 207. Report on withdrawals.
Sec. 208. Automatic segregation of land for underselected Village Corporations.
Sec. 209. Settlement of remaining entitlement.
TITLE III--NATIVE ALLOTMENTS
Sec. 301. Correction of conveyance documents.
Sec. 302. Title recovery of Native allotments.
Sec. 303. Native allotment revisions on land selected by or conveyed to a Native Corporation.
Sec. 304. Compensatory acreage.
Sec. 305. Reinstatements and reconstructions.
Sec. 306. Amendments to section 41 of the Alaska Native Claims Settlement Act.
TITLE IV--FINAL PRIORITIES; CONVEYANCE AND SURVEY PLANS
Sec. 401. Deadline for establishment of regional plans.
Sec. 402. Deadline for establishment of village plans.
Sec. 403. Final prioritization of ANCSA selections.
Sec. 404. Final prioritization of State selections.
TITLE V--ALASKA LAND CLAIMS HEARINGS AND APPEALS
Sec. 501. Alaska land claims hearings and appeals.
TITLE VI--REPORT AND AUTHORIZATION OF APPROPRIATIONS
Sec. 601. Report.
Sec. 602. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Native allotment.--The term “Native allotment” means an allotment claimed under the Act of May 17, 1906 (34 Stat. 197, chapter 2469).
(2) Secretary.--The term “Secretary” means the Secretary of the Interior.
(3) State.--The term “State” means the State of Alaska.
TITLE I--STATE SELECTIONS AND CONVEYANCES
SEC. 101. COMMUNITY GRANT SELECTIONS AND CONVEYANCES.
(a) In General.--Section 6 of Public Law 85-508 (commonly known as the “Alaska Statehood Act”) (72 Stat. 340) is amended by adding at the end the following:
“(n) The minimum tract selection size is waived with respect to a selection made by the State of Alaska under subsection (a) for the following selections:
National Forest Community
Grant Application Number Area Name Est. Acres
209 Yakutat Airport Addition 111
264 Bear Valley (Portage) 120
284 Hyder-Fish Creek 61
310 Elfin Cove 37
384 Edna Bay Admin Site 37
390 Point Hilda 29.”.
(b) Community Grant Selections.--Section 6 of Public Law 85-508 (commonly known as the “Alaska Statehood Act”) (72 Stat. 340) (as amended by subsection (a)) is amended by adding at the end the following:
“(o)(1) The State of Alaska may elect to convert a selection filed under subsection (b) to a selection under subsection (a) by notifying the Secretary of the Interior in writing.
“(2) If the State of Alaska makes an election under paragraph (1), the entire selection shall be converted to a selection under subsection (a).
“(3) The Secretary of the Interior shall not convey a total of more than 400,000 acres of public domain land selected under subsection (a) or converted under paragraph (1) to a public domain selection under subsection (a).
“(4) Conversion of a selection under paragraph (1) shall not increase the survey obligation of the United States with respect to the land converted.
“(p) All selection applications of the State of Alaska that are on file with the Secretary of the Interior under the public domain provisions of subsection (a) on the date of enactment of this subsection and any selection applications that are converted to a subsection (a) selection under subsection (o)(1) are approved as suitable for community or recreational purposes.”.
SEC. 102. PRIORITIZATION OF LAND TO BE CONVEYED.
Section 906(h)(2) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1635(h)(2)) is amended--
(1) by striking “(2) As soon as practicable” and inserting the following:
“(2)(A) As soon as practicable”;
(2) by striking “The sequence of” and inserting the following:
“(B)(i) The sequence of”; and
(3) by adding at the end the following:
“(ii) In establishing the priorities for tentative approval under clause (i), the State shall--
“(I) in the case of a selection under section 6(a) of Public Law 85-508 (commonly known as the ‘Alaska Statehood Act') (72 Stat. 340), include all land selected; or
“(II) in the case of a selection under section 6(b) of that Act--
“(aa) include at least 5,760 acres; or
“(bb) if a waiver has been granted under section 6(g) of that Act or less than 5,760 acres of the entitlement remains, prioritize the selection in such increments as are available for conveyance.”.
SEC. 103. SELECTION OF CERTAIN REVERSIONARY INTERESTS HELD BY THE UNITED STATES.
(a) In General.--All reversionary interests held by the United States in land owned by the State or any political subdivision of the State and any Federal land leased by the State under the Act of August 23, 1950 (25 U.S.C. 293b), or the Act of June 4, 1953 (25 U.S.C. 293a), that is prioritized for conveyance by the State under section 906(h)(2) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1635(h)(2))--
(1) are deemed to be selected; and
(2) may, with the concurrence of the Secretary or the head of the Federal agency with administrative jurisdiction over the land, be conveyed under section 6 of Public Law 85-508 (commonly known as the “Alaska Statehood Act”) (72 Stat. 340).
(b) Effect on Entitlement.--If, before the date of enactment of this Act, the entitlement of the State has not been charged with respect to a parcel for which a reversionary interest is conveyed under subsection (a), the total acreage of the parcel shall be charged against the remaining entitlement of the State.
(c) Minimum Acreage Requirement Not Applicable.--The minimum acreage requirement under subsections (a) and (b) of section 6 of Public Law 85-508 (commonly known as the “Alaska Statehood Act”) (72 Stat. 340) shall not apply to the selection of reversionary interests under subsection (a).
(d) State Waiver.--On conveyance to the State of any reversionary interest selected under subsection (a), the State shall be deemed to have waived all right to any future credit should the reversion not occur.
(e) Limitation.--This section shall not apply to--
(1) reversionary interests in land acquired by the United States through the use of amounts from the Exxon Valdez Oil Spill Trust Fund; or
(2) reversionary interests in any land conveyed to the State as a result of the “Terms and Conditions for Land Consolidation and Management in Cook Inlet Area” as ratified by section 12 of Public Law 94-204 (43 U.S.C. 1611 note).
SEC. 104. EFFECT OF HYDROELECTRIC WITHDRAWALS.
(a) Land Withdrawn, Reserved, or Classified for Power Site or Power Project Purposes.--If the State has filed a future selection application under section 906(e) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1635(e)) for land withdrawn, reserved, or classified for power site or power project purposes, notwithstanding the withdrawal, reservation, or classification for power site or power project purposes, the following parcels of land shall be deemed to be vacant, unappropriated, and unreserved within the meaning of Public Law 85-508 (commonly known as the “Alaska Statehood Act”) (72 Stat. 339):
General Selection Serial Number Area Name Application Number
AKAA 058747 Bradley Lake GS 5141
AKAA 058848 Bradley Lake GS 44
AKAA 058266 Eagle River/Ship Creek/ GS 1429 Peters Creek
AKAA 058265 Eagle River/Ship Creek/ GS 1209 Peters Creek
AKAA 058374 Salmon Creek GS 327
AKF 031321 Nenana River GS 2182
AKAA 059056 Solomon Gulch at Valdez GS 86
DAKFF 085798 Kruzgamepa River Pass GS 4096. 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 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.
“(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;
(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 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 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.
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Senate amendment agreed to: Amendment SA 4056 agreed to in Senate by Unanimous Consent.
October 10, 2004
View full timeline
Senate amendment agreed to: Amendment SA 4056 agreed to in Senate by Unanimous Consent.
October 10, 2004
Senate amendment submitted
October 10, 2004
Senate amendment proposed (on the floor): Amendment SA 4056 proposed by Senator Frist for Senator Domenici.(consideration: CR S11184)
October 10, 2004
Amendment SA 4056 proposed by Senator Frist for Senator Domenici. (consideration: CR S11184) To provide a complete substitute.
October 10, 2004
Amendment SA 4056 agreed to in Senate by Unanimous Consent.
October 10, 2004