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[108th Congress Public Law 452]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ452.108]

[[Page 118 STAT. 3575]]

Public Law 108-452
108th Congress

                                 An Act

 
To facilitate the transfer of land in the State of Alaska, and for other 
             purposes. <<NOTE: Dec. 10, 2004 -  [S. 1466]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Alaska Land 
Transfer Acceleration Act.>> 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 43 USC 1601 note.>> 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.

[[Page 118 STAT. 3576]]

SEC. 2. <<NOTE: 43 USC 1602 note.>> 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 <<NOTE: 48 USC note prec. 
                        21.>> 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.''.

[[Page 118 STAT. 3577]]

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 <<NOTE: 43 USC 1635 note.>> 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

[[Page 118 STAT. 3578]]

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

    (b) Limitation.--Subsection (a) does not apply to any land that is--
            (1) located within the boundaries of a conservation system 
        unit (as defined in section 102 of the Alaska National Interest 
        Lands Conservation Act (16 U.S.C. 3102)); or
            (2) otherwise unavailable for conveyance under Public Law 
        85-508 (commonly known as the ``Alaska Statehood Act'') (72 
        Stat. 339).

    (c) Requirement Applicable to National Forest System Land.--Any land 
described in subsection (a) that is in a unit of the National Forest 
System shall not be conveyed unless the Secretary of Agriculture 
approved the State selection before January 3, 1994.
    (d) Requirements Applicable to Hydroelectric Applications and 
Licensed Projects.--
            (1) Hydroelectric applications.--Any selection of land 
        described in subsection (a) that is included in a hydroelectric 
        application--
                    (A) shall be subject to the jurisdiction of the 
                Federal Energy Regulatory Commission; and
                    (B) shall not be conveyed while the hydroelectric 
                application is pending.
            (2) Licensed project.--Any selection of land described in 
        subsection (a) that is included in a licensed project shall be 
        subject to--

[[Page 118 STAT. 3579]]

                    (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) <<NOTE: 43 USC 852 note.>> 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), <<NOTE: 43 USC 852 note.>> 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 <<NOTE: 43 USC 1635 note.>> 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

[[Page 118 STAT. 3580]]

            (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 <<NOTE: 43 USC 1635 note.>> 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)--

[[Page 118 STAT. 3581]]

            (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.

[[Page 118 STAT. 3582]]

              TITLE II--ALASKA NATIVE CLAIMS SETTLEMENT ACT

SEC. 201. LAND <<NOTE: 43 USC 1611 note.>> 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).

[[Page 118 STAT. 3583]]

    ``(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) <<NOTE: Applicability.>> 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.

[[Page 118 STAT. 3584]]

    ``(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) <<NOTE: Applicability.>> 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) <<NOTE: Deadline.>> 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

[[Page 118 STAT. 3585]]

                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) <<NOTE: Deadline.>> 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) <<NOTE: Applicability.>> 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--

[[Page 118 STAT. 3586]]

            (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) <<NOTE: Public information.>> 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 <<NOTE: 43 USC 1611 
                        note.>> 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

[[Page 118 STAT. 3587]]

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

[[Page 118 STAT. 3588]]

            ``(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 <<NOTE: 43 USC 1617 
                        note.>> 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

[[Page 118 STAT. 3589]]

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) <<NOTE: Certification.>> 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 <<NOTE: Records. 43 USC 1617 note.>> 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

[[Page 118 STAT. 3590]]

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:

[[Page 118 STAT. 3591]]

                    ``(B)(i) <<NOTE: Deadline. Records.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Deadline.>> 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 <<NOTE: 43 USC 
                        1611 note.>> 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 <<NOTE: 43 USC 
                        1611 note.>> 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 <<NOTE: 43 USC 1611 
                        note. Deadlines.>> 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.

[[Page 118 STAT. 3592]]

    (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) <<NOTE: Deadline.>> 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

[[Page 118 STAT. 3593]]

                    (C) provide to the Native Corporation a plan of 
                conveyance based on the priorities developed under 
                subparagraph (B).
            (2) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Notification.>> To fulfill the notice 
        requirement under paragraph (1), the Secretary shall--
                    (i) <<NOTE: Publication.>> 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) <<NOTE: Notification.>> 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 <<NOTE: 43 USC 1635 
                        note.>> SELECTIONS.

    (a) Filing of Final Priorities.--
            (1) <<NOTE: Deadline.>> 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

[[Page 118 STAT. 3594]]

                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.

[[Page 118 STAT. 3595]]

SEC. 602. AUTHORIZATION OF APPROPRIATIONS.

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

    Approved December 10, 2004.

LEGISLATIVE HISTORY--S. 1466:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 150 (2004):
            Oct. 10, considered and passed Senate.
            Nov. 17, considered and passed House.

                                  <all>
```