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.

113th Congress, 2013–2015. Text as of Mar 12, 2013 (Introduced).

Status & Summary | PDF | Source: GPO and Cato Institute Deepbills

I

113th CONGRESS

1st Session

H. R. 1103

IN THE HOUSE OF REPRESENTATIVES

March 12, 2013

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.

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.

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