Page:United States Statutes at Large Volume 118.djvu/3618

 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

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