[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1103 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1103
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.
_______________________________________________________________________
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
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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:
``SEC. 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.''.
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