II 

117TH CONGRESS 

2D SESSION S. 5077 

To amend the Alaska Native Claims Settlement Act to provide that Alexander 

Creek, Incorporated, is recognized as a Village Corporation under that 

Act, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 14, 2022 

Mr. SULLIVAN introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To amend the Alaska Native Claims Settlement Act to provide that Alexander Creek, Incorporated, is recognized 

as a Village Corporation under that Act, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ALEXANDER CREEK RECOGNITION. 

4 The Alaska Native Claims Settlement Act (43 U.S.C. 

5 1601 et seq.) is amended by adding at the end the fol6 lowing: 

7 ‘‘SEC. 43. ALEXANDER CREEK RECOGNITION. 

8 ‘‘(a) DEFINITIONS.—In this section: 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 5077 IS

1 ‘‘(1) ALEXANDER CREEK, INCORPORATED.— 

2 The term ‘Alexander Creek, Incorporated’ means 

3 Alexander Creek, Incorporated, the entity organized 

4 and recognized— 

5 ‘‘(A) on the day before the date of enact6 ment of this section, as a Group Corporation; 

7 and 

8 ‘‘(B) effective beginning on the date of en9 actment of this section, as a Village Corpora10 tion. 

11 ‘‘(2) ALEXANDER CREEK VILLAGE.—The term 

12 ‘Alexander Creek village’ means the community— 

13 ‘‘(A) located in T. 15 N., R. 7 W., Seward 

14 Meridian, in the State; and 

15 ‘‘(B) recognized as a Native village under 

16 subsection (b)(2). 

17 ‘‘(3) REGION.—The term ‘Region’ means Cook 

18 Inlet Region, Incorporated, the appropriate Regional 

19 Corporation for Alexander Creek, Incorporated, 

20 under section 14(h). 

21 ‘‘(b) RECOGNITION OF ALEXANDER CREEK.—Not22 withstanding section 1432(d) of the Alaska National In23 terest Lands Conservation Act (Public Law 96–487; 94 

24 Stat. 2543) and the deadline described in section 11(b)(3), 

25 subject to the requirements of this section— 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 5077 IS

1 ‘‘(1) Alexander Creek, Incorporated, is recog2 nized as a Village Corporation pursuant to this Act; 

3 and 

4 ‘‘(2) Alexander Creek village shall be recognized 

5 as a Native village, notwithstanding any other provi6 sion of this Act. 

7 ‘‘(c) ORGANIZATION OF ALEXANDER CREEK, INCOR8 PORATED.—As soon as practicable after the date of enact9 ment of this section, Alexander Creek, Incorporated, shall 

10 submit to the Secretary— 

11 ‘‘(1) any amendments to the State corporate 

12 charter of Alexander Creek, Incorporated, necessary 

13 to convert Alexander Creek, Incorporated, from a 

14 Group Corporation to a Village Corporation; and 

15 ‘‘(2) if necessary, any amendments to the State 

16 corporate charter or governing business documents 

17 of Alexander Creek, Incorporated, that fulfill the 

18 terms of the agreement described in subsection (d). 

19 ‘‘(d) AGREEMENT.— 

20 ‘‘(1) NEGOTIATIONS.—Not later than 30 days 

21 after the date of enactment of this section, the Sec22 retary shall offer to enter into negotiations with 

23 Alexander Creek, Incorporated, for the purposes of 

24 fairly and equitably settling— 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 5077 IS

1 ‘‘(A) the aboriginal land claims of Alex2 ander Creek, Incorporated; and 

3 ‘‘(B) any other claims of Alexander Creek, 

4 Incorporated, against the United States. 

5 ‘‘(2) CONDITION.—As a condition of recognition 

6 as a Village Corporation under this Act, Alexander 

7 Creek, Incorporated, shall enter into an agreement 

8 with the Secretary to achieve the purposes described 

9 in paragraph (1) by not later than 13 months after 

10 the date of enactment of this section. 

11 ‘‘(3) PARITY.—To the maximum extent prac12 ticable, the agreement under this subsection shall 

13 achieve parity, with respect to approximate value, 

14 with similar agreements of other Village Corpora15 tions. 

16 ‘‘(4) TREATMENT FOR FEDERAL PROPERTY

17 PURPOSES.— 

18 ‘‘(A) COORDINATION WITH GSA.—The Sec19 retary shall coordinate with the Administrator 

20 of General Services with respect to any surplus 

21 property to be transferred to Alexander Creek, 

22 Incorporated, pursuant to the agreement under 

23 this subsection. 

24 ‘‘(B) STATUS AS A STATE AND STATE

25 AGENCY.—Notwithstanding paragraphs (2) and 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 5077 IS

1 (3) of section 549(a) of title 40, United States 

2 Code, Alexander Creek, Incorporated, shall be 

3 considered to be a ‘State’ and a ‘State agency’ 

4 under that section for purposes of the agree5 ment under this subsection. 

6 ‘‘(C) SURPLUS PROPERTY.—Notwith7 standing any other provision of law, Alexander 

8 Creek, Incorporated, shall be eligible to receive 

9 real property declared to be surplus under sec10 tion 1303 of title 40, United States Code, for 

11 purposes of the agreement under this sub12 section. 

13 ‘‘(e) SHAREHOLDER PARTICIPATION.— 

14 ‘‘(1) IN GENERAL.—Alexander Creek, Incor15 porated, shall notify each member of Alexander 

16 Creek village that— 

17 ‘‘(A) effective beginning on the date of en18 actment of this section, the members shall cease 

19 to receive benefits from the Region as at-large 

20 shareholders pursuant to section 7(m); and 

21 ‘‘(B) all future resource payments from the 

22 Region shall be retained by Alexander Creek, 

23 Incorporated, pursuant to section 7(j). 

24 ‘‘(2) LIABILITY.—The Region shall not be liable 

25 under any State, Federal, or local law, or under 


kjohnson on DSK79L0C42PROD with BILLS
6 

•S 5077 IS

1 State or Federal common law, for damages arising 

2 out of or relating to the cessation of payments to 

3 members of Alexander Creek village under para4 graph (1)(A). 

5 ‘‘(f) CONSTRUCTION RELATING TO LAND ENTITLE6 MENTS.— 

7 ‘‘(1) IN GENERAL.—Except as provided in this 

8 section with respect to Alexander Creek, Incor9 porated, nothing in this section modifies or amends 

10 any land conveyance entitlements or conveyance 

11 agreement between— 

12 ‘‘(A) the Region and Village Corporations 

13 other than Alexander Creek, Incorporated; 

14 ‘‘(B) the Region and the Federal Govern15 ment; and 

16 ‘‘(C) any party described in subparagraph 

17 (A) or (B) and the State. 

18 ‘‘(2) CURRENT ALEXANDER CREEK, INCOR19 PORATED, LAND.—Nothing in this section reduces 

20 the land entitlement of Alexander Creek, Incor21 porated, as a Group Corporation before the date of 

22 enactment of this section, including any land se23 lected by and conveyed to Alexander Creek, Incor24 porated, before that date of enactment.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS