Library / Laws / 113th / hr / H.R. 1103 / Reported in House
IB
Union Calendar No. 520
113th CONGRESS
2d Session
H. R. 1103
[Report No. 113–689]
IN THE HOUSE OF REPRESENTATIVES
March 12, 2013
Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural Resources
December 22, 2014
Committed to the Committee of the Whole House on the State of the Union and ordered to be printed
A BILL
To amend the Alaska Native Claims Settlement Act to provide that Alexander Creek, Alaska, is and
shall be recognized as an eligible Native village under that Act, and for
other purposes.
1.
Alexander Creek Village recognition
The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by adding at the end
the following:
43.
Alexander Creek Village recognition
(a)
Recognition of the village of Alexander Creek
Subject to the limitations of this section and notwithstanding section 1432(d) of the Alaska
National Interest Lands Conservation Act (Public Law 96–487) and any
conveyance or agreement in furtherance thereof or thereto, to the
contrary, Alexander Creek, located within Township 15N, Range 7W, Seward
Meridian, Alaska, is and shall be recognized as an eligible Native village
under section 11(b)(3) of this Act.
(b)
Definitions
For the purposes of this section, the following terms apply:
(1) The term agency includes—
(A) any instrumentality of the United States;
(B) any element of an agency; and
(C) any wholly owned or mixed-owned corporation of the United States Government identified in chapter
91 of title 31, United States Code.
(2) The term Alexander Creek means Alexander Creek, Incorporated, an Alaska Native Group corporation organized pursuant to this
Act prior to the enactment of this section, but subsequent to enactment of
this section means Alexander Creek, Incorporated, an Alaska Native Village
corporation recognized and organized pursuant to section (a).
(3) The term Region means Cook Inlet Region Incorporated, an Alaska Native Regional Corporation, which is the
appropriate Regional Corporation for Alexander Creek under section 1613(h)
of this Act.
(c)
Organization of Alexander Creek
As soon as practicable after enactment of this section, Alexander Creek shall cause to be filed—
(1) any amendments to its corporate charter in the State of Alaska necessary to convert from a Native
group to a Native Village corporation; and
(2) if necessary, any amendments to its corporate charter and governing business documents that fulfill
the terms of the agreement authorized under this Act.
(d)
Negotiations
(1)
Authority and direction to negotiate
Not later than 30 days after the date of enactment of this section, the Secretary shall open
discussions and subsequently negotiate and, in the Secretary’s sole
discretion on behalf of the United States, enter into an agreement within
one year of enactment of this section, with Alexander Creek to fairly and
equitably settle aboriginal land claims and any other claims of Alexander
Creek against the United States; and such agreement with Alexander Creek
shall be in approximate value parity with those of other Alaska Native
Village Corporations, notwithstanding Alexander Creek’s prior status as a
Group Corporation.
(2)
Funds for settlement
A settlement reached under this subsection shall not be subject to the Indian Tribal Judgment Funds
Use or Distribution Act (25 U.S.C. 1401), unless subsequently authorized
by law.
(e)
Shareholder participation
Alexander Creek shall notify each member of the Native village recognized under this section that,
upon the effective date of this section, such members shall cease to
receive benefits from the Region as at-large shareholders pursuant to
section 7(m), and that all future resource payments from the Region shall
be made to the Village Corporation pursuant to section 7(j). The Region
shall not be liable under any State, Federal, or local law, or under State
or Federal common law, for damages arising out of or related to the
cessation of payments to such individuals under section 7(m) pursuant to
this section.
(f)
Construction
Except as provided in this section with respect to Alexander Creek, nothing in this section shall
be construed to modify or amend land conveyance entitlements or conveyance
agreements between the Region and village corporations other than
Alexander Creek in such region, nor between the Region and the Federal
Government, nor between any such parties and the State of Alaska.
(g)
Construction regarding current Alexander Creek land
Nothing in this section shall be construed to reduce the land entitlement to which Alexander Creek
became entitled as a Group Corporation, including the land selected by and
conveyed to Alexander Creek at the time of enactment of this section.
.
December 22, 2014
Committed to the Committee of the Whole House on the State of the Union and ordered to be printed