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
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