H.R. 4194 (112th): To amend the Alaska Native Claims Settlement Act to provide that Alexander Creek, Alaska, is and shall ...

HR 4194 RH

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.

March 8, 2012

Mr. YOUNG of Alaska introduced the following bill; which was referred to the Committee on Natural Resources

December 31, 2012

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

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) 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.

‘(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) Authority and Direction To Negotiate- Not later than 30 days after the date of the 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 by December 31, 2012, with the Native Village Corporation of Alexander Creek (hereinafter, ‘Alexander Creek’) to settle aboriginal land claims and any other claims of such Native Village Corporation against the United States fairly, reaching an agreement in approximate parity with those of other Alaska Native Village Corporations, notwithstanding Alexander Creek’s prior status as a Group Corporation.

‘(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) Statutory Construction- Nothing in this section shall be construed to--

‘(1) limit, alter, violate, breach, or otherwise affect the rights of any party under a contract, settlement agreement, or land exchange entered into prior to enactment of this section between Alexander Creek and any party, or one or more parties to any contract, settlement, agreement, or land exchange predicated upon Alexander Creek’s Native village status under this Act; or

‘(2) diminish or reduce the acreage entitlement to which Alexander Creek became entitled to as a Group Corporation.’.

Union Calendar No. 538

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.

December 31, 2012

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