Alaska Land Transfer Acceleration Act of 2003
PL 108-452 (S.1466), enacted 12/10/2004

118 STAT. 3575
PUBLIC LAW 108–452—DEC. 10, 2004
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]
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00109
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
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 Com-
munity Grant Appli-
cation 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 sub-
section and any selection applications that are converted to a sub-
section (a) selection under subsection (o)(1) are approved as suitable
for community or recreational purposes.’’.
48 USC note
prec. 21.
43 USC 1602
note.
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00110
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
118 STAT. 3577
PUBLIC LAW 108–452—DEC. 10, 2004
SEC. 102. PRIORITIZATION OF LAND TO BE CONVEYED.
Section 906(h)(2) of the Alaska National Interest Lands Con-
servation 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 fol-
lowing:
‘‘(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 State-
hood 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 entitle-
ment remains, prioritize the selection in such incre-
ments 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 rever-
sionary 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.
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00111
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
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 with-
drawn, reserved, or classified for power site or power project pur-
poses, 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 unre-
served 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 APPLICA-
TIONS 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—
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00112
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
118 STAT. 3579
PUBLIC LAW 108–452—DEC. 10, 2004
(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 writ-
ten 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 State-
hood 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.
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00113
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
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 computa-
tion 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 Conserva-
tion 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 encum-
bered 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.
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00114
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
118 STAT. 3581
PUBLIC LAW 108–452—DEC. 10, 2004
(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 Pipe-
line 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.
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00115
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
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 selec-
tion 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 Corpora-
tion 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).
43 USC 1611
note.
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00116
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
118 STAT. 3583
PUBLIC LAW 108–452—DEC. 10, 2004
‘‘(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 para-
graph (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 fol-
lowing:
‘‘(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 enti-
tled to any further conveyances under this Act.
Applicability.
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00117
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
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 entitle-
ment 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 fol-
lowing:
‘‘(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.
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00118
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
118 STAT. 3585
PUBLIC LAW 108–452—DEC. 10, 2004
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 fol-
lowing:
‘‘(C)(i) Notwithstanding any other provision of this sub-
section, 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 Corpora-
tion 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 subpara-
graph.’’.
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 with-
draw 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.
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00119
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
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 por-
tion of the lands so withdrawn that can be opened to appropria-
tion 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 writ-
ten agreement with a Native Corporation relating to—
(1) the land remaining to be conveyed to the Native Cor-
poration 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 applica-
tions.
(b) REQUIREMENTS.—An agreement under subsection (a)—
(1) shall be authorized by a resolution of the Native Cor-
poration 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 agree-
ment 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.
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00120
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
118 STAT. 3587
PUBLIC LAW 108–452—DEC. 10, 2004
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 agree-
ment 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 agree-
ment 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 applica-
tion to exclude the described allotment land with the written concur-
rence 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
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00121
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
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 Sec-
retary, 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 nec-
essary 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 allot-
ment 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 deter-
mines 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 recon-
veys 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 haz-
ardous 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.
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00122
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
118 STAT. 3589
PUBLIC LAW 108–452—DEC. 10, 2004
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 Depart-
ment 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 entitle-
ment computation records for the State or an affected Native Cor-
poration 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 com-
putations shall be made where the State or an affected Native
Records.
43 USC 1617
note.
Certification.
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00123
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
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 reconvey-
ance to facilitate a land transfer, a Village Corporation has insuffi-
cient 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 applica-
tion 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:
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00124
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
118 STAT. 3591
PUBLIC LAW 108–452—DEC. 10, 2004
‘‘(B)(i) If the Secretary requests that the Secretary
of Veterans Affairs make a determination whether a vet-
eran 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 con-
tain sufficient information to support such a determina-
tion; or
‘‘(II) notify the Secretary that the records of the
Department of Veterans Affairs do not contain suffi-
cient 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 inves-
tigation 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 consulta-
tion 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 sub-
section (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 Settle-
ment 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 settle-
ment of final entitlement shall submit the final, irrevocable prior-
ities 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 enact-
ment 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 sub-
section (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.
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00125
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
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 Cor-
poration 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 tech-
nical 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 deter-
mined 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 Sec-
retary, in consultation with the appropriate Native Corporation,
the Federal land managing agency with administrative jurisdic-
tion 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.
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00126
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
118 STAT. 3593
PUBLIC LAW 108–452—DEC. 10, 2004
(C) provide to the Native Corporation a plan of convey-
ance 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 prior-
ities 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 dis-
solved Native Corporation in a newspaper of general cir-
culation nearest the locality where the affected land is
located; and
(ii) seek to notify in writing the last known share-
holders 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 prior-
ities 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.
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00127
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
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 Sep-
tember 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 convey-
ances required by this Act.
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00128
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4
118 STAT. 3595
PUBLIC LAW 108–452—DEC. 10, 2004
LEGISLATIVE HISTORY—S. 1466:
CONGRESSIONAL RECORD, Vol. 150 (2004):
Oct. 10, considered and passed Senate.
Nov. 17, considered and passed House.
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.
VerDate 11-MAY-2000
13:54 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00129
Fmt 6580
Sfmt 6580
C:\STATUTES\2004\29194PT4.001
APPS10
PsN: 29194PT4