Home > 106th Congressional Bills > S. 1467 (eah) [Engrossed Amendment House] ...S. 1467 (eah) [Engrossed Amendment House] ...
108th CONGRESS
1st Session
S. 1466
To facilitate the transfer of land in the State of Alaska, and for
other purposes.
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IN THE SENATE OF THE UNITED STATES
July 25 (legislative day, July 21), 2003
Ms. Murkowski introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
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A BILL
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 of 2003''.
(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 powersite reserves, powersite classifications,
power projects, and hot spring 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. Conveyance of last whole section of land.
Sec. 204. Discretionary authority to convey subsurface estate in pre-
ANCSA refuges.
Sec. 205. Conveyance of cemetery sites and historical places.
Sec. 206. Approved allotments.
Sec. 207. Allocations based on population.
Sec. 208. Authority to withdraw land.
Sec. 209. Bureau of Land Management land.
Sec. 210. Automatic segregation of land for underselected Village
Corporations.
Sec. 211. Procedures relating to dissolved or lapsed Native
Corporations.
Sec. 212. Settlement of remaining entitlement.
Sec. 213. Conveyance to Kaktovik Inupiat Corporation and Arctic Slope
Regional Corporation.
TITLE III--NATIVE ALLOTMENTS
Sec. 301. Title affirmation of Native allotment location and
description.
Sec. 302. Title recovery of Native allotments
Sec. 303. Native allotment relocation on land selected by or conveyed
to a native corporation.
Sec. 304. Compensatory acreage.
Sec. 305. Native allotment deadlines.
Sec. 306. Elimination of shore space measurement.
Sec. 307. 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. Deadlines 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 TO CONGRESS
Sec. 601. Report.
TITLE VII--AUTHORIZATION OF APPROPRIATIONS
Sec. 701. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) 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) Waiver of Minimum Tract Selection Size.--With respect to a
selection made by the State of Alaska under subsection (a), the
Secretary of the Interior may waive the minimum tract selection size if
the Secretary determines that--
``(1) an existing selection does not meet the original
minimum statutory acreage; and
``(2) the only alternative to waiver is to reject the
application.
``(o) Requirements Applicable to Units of the National Forest
System.--A selection of land in a unit of the National Forest System
under subsection (a) shall not be valid unless the Secretary of
Agriculture has approved the selection before the date of enactment of
this subsection.
``(p) No Relinquishment.--If there is a selection under subsection
(a) with respect to a tract of land that is equal to or greater than
160 acres, the State of Alaska may not relinquish such portion of the
tract as is necessary for the tract to be less than 160 acres.
``(q) Ratification of Patents and Tentative Approvals.--Any patent
or tentative approval for a selection under subsection (a) of less than
160 acres that is issued before the date of enactment of this
subsection is ratified and confirmed.''.
(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:
``(r) Conversion to Community Grant Selection.--
``(1) In general.--The State of Alaska may elect to convert
a selection filed under subsection (b) to a selection under
subsection (a) by notifying the Secretary of the Interior in
writing.
``(2) No partial conversion.--If the State of Alaska makes
an election under paragraph (1), the entire selection shall be
converted to a selection under subsection (a).
``(3) Limitation on acreage.--The Secretary shall not
convey a total of more than 400,000 acres of--
``(A) land that is selected before the date of
enactment of this subsection under subsection (a); or
``(B) land that is converted to a subsection (a)
selection under paragraph (1).
``(4) Effect on survey obligations.--Conversion of a
selection under paragraph (1) shall not affect the survey
obligation of the United States with respect to the land
converted.
``(s) Use of Selected Land for Community and Recreational
Purposes.--All selection applications of the State of Alaska that are
on file with the Secretary of the Interior under subsection (a) on the
date of enactment of this subsection are approved as suitable for
community or recreational purposes.''.
SEC. 102. PRIORITIZATION OF LAND TO BE CONVEYED.
Section 906(h)(2) of the Alaska National Interest Lands
Conservation Act (43 U.S.C. 1635(h)(2)) is amended--
(1) by striking ``(2) As soon as practicable'' and
inserting the following:
``(2) Tentative approval.--
``(A) Issuance.--As soon as practicable'';
(2) by striking ``The sequence of'' and inserting the
following:
``(B) Priority.--
``(i) In general.--The sequence of''; and
(3) by adding at the end the following:
``(ii) Requirements.--In establishing the
priorities for tentative approval under clause
(i), the State shall--
``(I) in the case of a selection
under section 6(a) of Public Law 85-508
(commonly known as the ``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. 293a), or the Act of June 4, 1953 (67 Stat. 41,
chapter 47), 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) is deemed to be selected; and
(2) may, with the concurrence of the Secretary or the
Secretary of Agriculture, as appropriate, be selected 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 of any reversionary interest to
the State selected under subsection (a), the State shall be deemed to
have waived all right to any future credit should the reversion not
occur.
(e) Limitation.--This section shall not apply to--
(1) reversionary interests in land acquired by the United
States through the use of amounts from the Exxon Valdez Oil
Spill Trust Fund; or
(2) reversionary interests in any land conveyed to the
State as a result of the ``Terms and Conditions for Land
Consolidation and Management in Cook Inlet Area'' as ratified
by section 12 of Public Law 94-204 (43 U.S.C. 1611 note).
SEC. 104. EFFECT OF POWERSITE RESERVES, POWERSITE CLASSIFICATIONS,
POWER PROJECTS, AND HOT SPRING WITHDRAWALS.
(a) In General.--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, or for land
containing hot or medicinal springs withdrawn by Executive Order No.
5389 of July 7, 1930, as amended by Public Land Order No. 399 of August
20, 1947, notwithstanding the withdrawal, reservation, or
classification, the 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).
(b) Limitation.--Subsection (a) does not apply to any land that is
reserved for an additional Federal purpose other than those listed in--
(1) subsection (a); or
(2) section 17(d)(1) of the Alaska Native Claims Settlement
Act (43 U.S.C. 1616(d)(1)).
(c) Requirement Applicable to National Forest System Land.--Any
land described in subsection (a) that is in a unit of the National
Forest System shall not be deemed to be vacant, unappropriated, or
unreserved unless the Secretary of Agriculture approved the State
selection before January 3, 1994.
(d) Requirements Applicable to Hydroelectric Projects.--Any
conveyance of land described in subsection (a) that is included in a
hydroelectric application or licensed project shall be subject to--
(1) the rights of third parties; and
(2) the right of reentry under section 24 of the Federal
Power Act (16 U.S.C. 818).
(e) Disclaimer of Interest.--If the Federal Energy Regulatory
Commission has determined that a reservation made under section 24 of
the Federal Power Act (16 U.S.C. 818) is not necessary, the patentee
may apply to the Secretary for a disclaimer of interest instead of
petitioning Congress for private relief legislation.
SEC. 105. ENTITLEMENT FOR THE UNIVERSITY OF ALASKA.
(a) In General.--As of January 1, 2003, the remaining entitlement
of the University of Alaska under the Act of January 21, 1929 (45 Stat.
1091, chapter 92), is equal to 456 acres.
(b) Additional Entitlement.--The entitlement under subsection (a)
shall be increased to reflect the reconveyance of any land by the
University of Alaska to the United States to accommodate conveyance of
a Native allotment.
(c) Reversionary Interests.--The Act of January 21, 1929 (45 Stat.
1091, chapter 92), is amended by adding at the end the following:
``SEC. 8. SELECTION BY STATE.
``(a) Reversionary Interests.--
``(1) In general.--The State of Alaska, on behalf of the
University of Alaska, may select any mineral interest
(including an interest in oil or gas) or reversionary interest
held by the United States in land located in the State of
Alaska that--
``(A) is owned by the University of Alaska; or
``(B) was previously conveyed to a nongovernmental
third party.
``(2) Written consent required.--If an interest in land
selected under paragraph (1) is otherwise available under this
Act, to be valid a selection under that paragraph shall be
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