PUBLIC LAW 108–452—DEC. 10, 2004 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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Alaska Land

Transfer Acceleration Act’’.

(b) TABLE OF CONTENTS.—The table of contents of this Act

is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

TITLE I—STATE SELECTIONS AND CONVEYANCES

Sec. 101. Community grant selections and conveyances.

Sec. 102. Prioritization of land to be conveyed.

Sec. 103. Selection of certain reversionary interests held by the United States.

Sec. 104. Effect of hydroelectric withdrawals.

Sec. 105. Entitlement for the University of Alaska.

Sec. 106. Settlement of remaining entitlement.

Sec. 107. Effect of Federal mining claims.

Sec. 108. Land mistakenly relinquished or omitted.

TITLE II—ALASKA NATIVE CLAIMS SETTLEMENT ACT

Sec. 201. Land available after selection period.

Sec. 202. Combined entitlements.

Sec. 203. Authority to convey by whole section.

Sec. 204. Conveyance of cemetery sites and historical places.

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.

43 USC 1601

note.

Alaska Land

Transfer

Acceleration Act.

Dec. 10, 2004

[S. 1466]

118 STAT. 3576 PUBLIC LAW 108–452—DEC. 10, 2004

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.’’.

48 USC note

prec. 21.

43 USC 1602

note.

PUBLIC LAW 108–452—DEC. 10, 2004 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 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

43 USC 1635

note.

118 STAT. 3578 PUBLIC LAW 108–452—DEC. 10, 2004

(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):

Serial Number Area Name General Selection

Application Number

AKAA 058747 Bradley Lake GS 5141

AKAA 058848 Bradley Lake GS 44

AKAA 058266 Eagle River/Ship Creek/

Peters Creek

GS 1429

AKAA 058265 Eagle River/Ship Creek/

Peters Creek

GS 1209

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—

PUBLIC LAW 108–452—DEC. 10, 2004 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) 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

43 USC 1635

note.

43 USC 852 note.

43 USC 852 note.

118 STAT. 3580 PUBLIC LAW 108–452—DEC. 10, 2004

(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)—

43 USC 1635

note.

PUBLIC LAW 108–452—DEC. 10, 2004 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) S1⁄2 sec. 14, T. 11 S., R. 11 W., of the Copper

River Meridian;

(B) S1⁄2 sec. 15, T. 11 S., R. 11 W., of the Copper

River Meridian;

(C) E1⁄2SE1⁄4 sec. 16, T. 11 S., R. 11 W., of the Copper

River Meridian;

(D) E1⁄2, E1⁄2W1⁄2, SW1⁄4SW1⁄4 sec. 21, T. 11 S., R.

11 W., of the Copper River Meridian;

(E) N1⁄2, SW1⁄4, N1⁄2SE1⁄4 sec. 22, T. 11 S., R. 11 W.,

of the Copper River Meridian;

(F) N1⁄2, SW1⁄4, N1⁄2SE1⁄4 sec. 23, T. 11 S., R. 11 W.,

of the Copper River Meridian;

(G) NW1⁄4 sec. 27, T. 11 S., R. 11 W., of the Copper

River Meridian; and

(H) N1⁄2N1⁄2, SE1⁄4NE1⁄4 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.

118 STAT. 3582 PUBLIC LAW 108–452—DEC. 10, 2004

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 Stateselected land under subsection (a).

43 USC 1611

note.

PUBLIC LAW 108–452—DEC. 10, 2004 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) 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.

Applicability.

118 STAT. 3584 PUBLIC LAW 108–452—DEC. 10, 2004

‘‘(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

Deadline.

Applicability.

PUBLIC LAW 108–452—DEC. 10, 2004 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) 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—

Applicability.

Deadline.

118 STAT. 3586 PUBLIC LAW 108–452—DEC. 10, 2004

(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

43 USC 1611

note.

Public

information.

PUBLIC LAW 108–452—DEC. 10, 2004 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

118 STAT. 3588 PUBLIC LAW 108–452—DEC. 10, 2004

‘‘(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

43 USC 1617

note.

PUBLIC LAW 108–452—DEC. 10, 2004 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) 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

Records.

43 USC 1617

note.

Certification.

118 STAT. 3590 PUBLIC LAW 108–452—DEC. 10, 2004

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, rightof-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:

PUBLIC LAW 108–452—DEC. 10, 2004 118 STAT. 3591

‘‘(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.

43 USC 1611

note.

Deadlines.

43 USC 1611

note.

43 USC 1611

note.

Deadline.

Notification.

Deadline.

Records.

118 STAT. 3592 PUBLIC LAW 108–452—DEC. 10, 2004

(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

Deadline.

PUBLIC LAW 108–452—DEC. 10, 2004 118 STAT. 3593

(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

Deadline.

43 USC 1635

note.

Notification.

Publication.

Notification.

Deadline.

Deadline.

118 STAT. 3594 PUBLIC LAW 108–452—DEC. 10, 2004

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.

PUBLIC LAW 108–452—DEC. 10, 2004 118 STAT. 3595

LEGISLATIVE HISTORY—S. 1466:

CONGRESSIONAL RECORD, Vol. 150 (2004):

Oct. 10, considered and passed Senate.

Nov. 17, considered and passed House.

Æ

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.