[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 230 Introduced in House (IH)]
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115th CONGRESS
1st Session
H. R. 230
To ensure equitable treatment of Shee Atika, Incorporated, under the
Alaska Native Claims Settlement Act by facilitating the transfer of
land on Admiralty Island, Alaska, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2017
Mr. Young of Alaska introduced the following bill; which was referred
to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To ensure equitable treatment of Shee Atika, Incorporated, under the
Alaska Native Claims Settlement Act by facilitating the transfer of
land on Admiralty Island, 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.
This Act may be cited as the ``Shee Atika Land Entitlement Act'' or
the ``SALE Act''.
SEC. 2. SHEE ATIKA, INCORPORATED.
(a) Definitions.--In this section:
(1) Account.--The term ``Account'' means the Shee Atika
Account established under subsection (d).
(2) Agency.--The term ``agency'' means--
(A) any department, agency, or other
instrumentality of the Federal Government; and
(B) any Government corporation (as defined in
section 9101 of title 31, United States Code).
(3) Agreement.--The term ``Agreement'' means the agreement
between Shee Atika and the United States (including any
amendment or supplement to the agreement) under which the
United States has an option to reacquire the Cube Cove Land.
(4) Cube cove land.--The term ``Cube Cove Land'' means the
approximately 23,000 acres of surface estate land at Cube Cove,
Admiralty Island, Alaska, as described in Appendix A to the
Agreement.
(5) Property.--The term ``property'' has the meaning given
the term in section 12(b)(7)(vii) of the Act of January 2, 1976
(43 U.S.C. 1611 note; Public Law 94-204).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(7) Segment.--The term ``segment'' means any 1 of the 13
tracts of surface estate land identified in Appendix C to the
Agreement.
(8) Shee atika.--The term ``Shee Atika'' means Shee Atika,
Incorporated.
(b) Authorization.--
(1) In general.--All consideration, whether in cash or in
kind, received by Shee Atika under the Agreement shall be
treated for purposes of all Federal laws as if the
consideration was, within the meaning of section 21(c) of the
Alaska Native Claims Settlement Act (43 U.S.C. 1620(c)), the
receipt of land or any interest in land pursuant to the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.) or cash
in order to equalize the values of properties exchanged
pursuant to section 22(f) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1621(f)).
(2) Effect.--Nothing in the Agreement or this section
imposes any duty on Shee Atika not expressly set forth in the
Agreement. In the event such Agreement is terminated prior to a
complete acquisition by the United States of all of Shee
Atika's Cube Cove Lands and interests in such lands, neither
such Agreement nor this section shall--
(A) constitute a cloud of title, lien, or
encumbrance of any sort on Shee Atika's remaining Cube
Cove Lands or interests therein; or
(B) limit in any manner the use of any portion of
Shee Atika's remaining Cube Cove Lands or interests
therein.
(3) Indian legislation.--This section is a further
implementation of the Alaska Native Claims Settlement Act and
is Indian legislation enacted by Congress pursuant to plenary
authority under the Constitution of the United States to
regulate Indian Affairs.
(c) Option To Receive Credits.--
(1) In general.--
(A) Credits.--On election by Shee Atika made in
writing not later than the day before the date on which
a closing of any segment of the Cube Cove Land is
scheduled to occur, the Secretary, in accordance with
subsection (d), may pay all or part of the amounts due
to Shee Atika under the Agreement on the closing date
in the form of credits that may be used by Shee Atika
to purchase property sold at public sale.
(B) Cash.--Amounts otherwise due to Shee Atika for
which Shee Atika has not made the election described in
subparagraph (A) shall be paid to Shee Atika in cash.
(2) Requirement.--The Secretary shall make a payment in the
form described in paragraph (1) without regard to whether Shee
Atika has made any other election under paragraph (1).
(3) Closing date.--Closing of any segment for which Shee
Atika has made an election under paragraph (1) shall occur not
later than 30 days after the date on which the Secretary
notifies Shee Atika that the applicable credit is ready to be
deposited into the Account.
(d) Establishment of Account.--
(1) In general.--Notwithstanding any other provision of
law, not later than 90 days after Shee Atika first makes an
election under subsection (c)(1), the Secretary of the
Treasury, in consultation with the Secretary, shall establish
an account in the Treasury to be known as the ``Shee Atika
Account''.
(2) Credits into account.--The Secretary of the Treasury,
in consultation with the Secretary, shall--
(A) deposit into the Account amounts equal to any
credit received under subsection (c); and
(B) establish procedures under which Shee Atika
may--
(i) receive deposits into the Account;
(ii) make deposits from the Account into
escrow when an escrow is required for the sale
of any property;
(iii) reinstate to the Account any unused
escrow deposits under clause (ii) if the
applicable sale is not completed; and
(iv) notwithstanding any other provision of
law and on written notice to the Secretary of
the Treasury and the Secretary, assign, without
restriction, any or all of the amounts in the
Account.
(3) Availability of amounts.--The balance of the Account
shall--
(A) be immediately available to Shee Atika for use
in accordance with paragraph (4); and
(B) remain available until expended.
(4) Use of funds.--
(A) In general.--Shee Atika may use amounts in the
Account to bid for, and purchase, any property at any
public sale by an agency.
(B) Requirement.--In conducting a transaction under
subparagraph (A), an agency shall accept any amount
tendered from the Account in the same manner as if the
amount were tendered in cash.
(5) Effect.--Notwithstanding any other provision of law,
any property purchased under paragraph (4) shall be considered
to be a conveyance made under the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.) on the date of
enactment of that Act.
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