I 

111TH CONGRESS 

1ST SESSION H. R. 2018 

To provide for the recognition of certain Native communities and the settlement of certain claims under the Alaska Native Claims Settlement Act, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 21, 2009 

Mr. YOUNG of Alaska introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To provide for the recognition of certain Native communities 

and the settlement of certain claims under the Alaska 

Native Claims Settlement 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Unrecognized South5 east Alaska Native Communities Recognition and Com6 pensation Act’’. 

7 SEC. 2. FINDINGS AND PURPOSE. 

8 (a) FINDINGS.—Congress finds that— 


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1 (1) in 1971, Congress enacted the Alaska Na2 tive Claims Settlement Act (43 U.S.C. 1601 et seq.) 

3 to recognize and settle the aboriginal claims of Alas4 ka Natives to the land Alaska Natives had used for 

5 traditional purposes; 

6 (2) that Act awarded approximately 

7 $1,000,000,000 and 44,000,000 acres of land to 

8 Alaska Natives and provided for the establishment 

9 of Native Corporations to receive and manage the 

10 funds and land; 

11 (3) pursuant to that Act, Alaska Natives have 

12 been enrolled in 1 of 13 Regional Corporations; 

13 (4) most Alaska Natives reside in communities 

14 that are eligible under that Act to form a Village or 

15 Urban Corporation within the geographical area of 

16 a Regional Corporation; 

17 (5) Village or Urban Corporations established 

18 under that Act received cash and surface rights to 

19 the settlement land described in paragraph (2) and 

20 the corresponding Regional Corporation received 

21 cash and land that includes the subsurface rights to 

22 the land of the Village or Urban Corporation; 

23 (6) the southeastern Alaska communities of 

24 Haines, Ketchikan, Petersburg, Tenakee, and 

25 Wrangell are not listed under that Act as commuVerDate Nov 24 2008 04:53 Apr 23, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2018.IH H2018

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1 nities eligible to form Village or Urban Corporations, 

2 even though the population of those villages com3 prises greater than 20 percent of the shareholders of 

4 the Regional Corporation for Southeast Alaska and 

5 display historic, cultural, and traditional qualities of 

6 Alaska Natives; 

7 (7) the communities described in paragraph (6) 

8 have sought full eligibility for land and benefits 

9 under that Act for more than 3 decades; 

10 (8) in 1993, Congress directed the Secretary of 

11 the Interior to prepare a report examining the rea12 sons why the communities listed in paragraph (6) 

13 had been denied eligibility to form Village or Urban 

14 Corporations and receive land and benefits pursuant 

15 to that Act; 

16 (9) the report described in paragraph (8), pub17 lished in February, 1994, indicates that— 

18 (A) the communities listed in paragraph 

19 (6) do not differ significantly from the South20 east Alaska communities that were permitted to 

21 form Village or Urban Corporations under that 

22 Act; 

23 (B) the communities are similar to other 

24 communities that are eligible to form Village or 


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1 Urban Corporations under that Act and receive 

2 land and benefits under that Act— 

3 (i) in actual number and percentage 

4 of Native Alaskan population; and 

5 (ii) with respect to the historic use 

6 and occupation of land; 

7 (C) each such community was involved in 

8 advocating the settlement of the aboriginal 

9 claims of the community; and 

10 (D) some of the communities appeared on 

11 early versions of lists of Native Villages pre12 pared before the date of the enactment of that 

13 Act, but were not included as Native Villages 

14 under that Act; 

15 (10) the omissions described in paragraph (9) 

16 are not clearly explained in any provision of that Act 

17 or the legislative history of that Act; and 

18 (11) on the basis of the findings described in 

19 paragraphs (1) through (10), Alaska Natives who 

20 were enrolled in the 5 unlisted communities and the 

21 heirs of the Alaska Natives have been inadvertently 

22 and wrongly denied the cultural and financial bene23 fits of enrollment in Village or Urban Corporations 

24 established pursuant to that Act. 


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1 (b) PURPOSE.—The purpose of this Act is to redress 

2 the omission of the communities described in subsection 

3 (a)(6) from eligibility by authorizing the Native people en4 rolled in the communities— 

5 (1) to form Urban Corporations for the commu6 nities of Haines, Ketchikan, Petersburg, Tenakee, 

7 and Wrangell under the Alaska Native Claims Set8 tlement Act (43 U.S.C. 1601 et seq.); and 

9 (2) to receive certain settlement land and other 

10 compensation pursuant to that Act. 

11 SEC. 3. ESTABLISHMENT OF ADDITIONAL NATIVE COR12 PORATIONS. 

13 Section 16 of the Alaska Native Claims Settlement 

14 Act (43 U.S.C. 1615) is amended by adding at the end 

15 the following: 

16 ‘‘(e) NATIVE VILLAGES OF HAINES, KETCHIKAN, PE17 TERSBURG, TENAKEE, AND WRANGELL, ALASKA.— 

18 ‘‘(1) IN GENERAL.—The Native residents of 

19 each of the Native Villages of Haines, Ketchikan, 

20 Petersburg, Tenakee, and Wrangell, Alaska, may or21 ganize as Urban Corporations. 

22 ‘‘(2) EFFECT ON ENTITLEMENT TO LAND.— 

23 Nothing in this subsection affects any entitlement to 

24 land of any Native Corporation established before 


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1 the date of enactment of this subsection pursuant to 

2 this Act or any other provision of law.’’. 

3 SEC. 4. SHAREHOLDER ELIGIBILITY. 

4 Section 8 of the Alaska Native Claims Settlement Act 

5 (43 U.S.C. 1607) is amended by adding at the end the 

6 following: 

7 ‘‘(d) NATIVE VILLAGES OF HAINES, KETCHIKAN, 

8 PETERSBURG, TENAKEE, AND WRANGELL.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall enroll 

10 to each of the Urban Corporations for Haines, 

11 Ketchikan, Petersburg, Tenakee, or Wrangell those 

12 individual Natives who enrolled under this Act to the 

13 Native Villages of Haines, Ketchikan, Petersburg, 

14 Tenakee, or Wrangell, respectively. 

15 ‘‘(2) NUMBER OF SHARES.—Each Native who 

16 is enrolled to an Urban Corporation for Haines, 

17 Ketchikan, Petersburg, Tenakee, or Wrangell pursu18 ant to paragraph (1) and who was enrolled as a 

19 shareholders of the Regional Corporation for South20 east Alaska on or before March 30, 1973, shall re21 ceive 100 shares of Settlement Common Stock in the 

22 respective Urban Corporation. 

23 ‘‘(3) NATIVES RECEIVING SHARES THROUGH IN24 HERITANCE.—If a Native received shares of stock in 

25 the Regional Corporation for Southeast Alaska 


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1 through inheritance from a decedent Native who 

2 originally enrolled to the Native Village of Haines, 

3 Ketchikan, Petersburg, Tenakee, or Wrangell and 

4 the decedent Native was not a shareholder in a Vil5 lage or Urban Corporation, the Native shall receive 

6 the identical number of shares of Settlement Com7 mon Stock in the Urban Corporation for Haines, 

8 Ketchikan, Petersburg, Tenakee, or Wrangell as the 

9 number of shares inherited by that Native from the 

10 decedent Native who would have been eligible to be 

11 enrolled to the respective Urban Corporation. 

12 ‘‘(4) EFFECT ON ENTITLEMENT TO LAND.— 

13 Nothing in this subsection affects entitlement to 

14 land of any Regional Corporation pursuant to sec15 tion 12(b) or 14(h)(8).’’. 

16 SEC. 5. DISTRIBUTION RIGHTS. 

17 Section 7 of the Alaska Native Claims Settlement Act 

18 (43 U.S.C. 1606) is amended— 

19 (1) in subsection (j)— 

20 (A) by striking ‘‘(j) During’’ and inserting 

21 the following: 

22 ‘‘(j) DISTRIBUTION OF CORPORATE FUNDS AND

23 OTHER NET INCOME.— 

24 ‘‘(1) IN GENERAL.—During’’; 


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1 (B) by striking ‘‘Not less’’ and inserting 

2 the following: 

3 ‘‘(2) MINIMUM ALLOCATION.—Not less’’; 

4 (C) by striking ‘‘In the case’’ and inserting 

5 the following: 

6 ‘‘(3) THIRTEENTH REGIONAL CORPORATION.— 

7 In the case’’; and 

8 (D) by adding at the end the following: 

9 ‘‘(4) NATIVE VILLAGES OF HAINES, KETCH10 IKAN, PETERSBURG, TENAKEE, AND WRANGELL.— 

11 Native members of the Native Villages of Haines, 

12 Ketchikan, Petersburg, Tenakee, and Wrangell who 

13 become shareholders in an Urban Corporation for 

14 such a Native Village shall continue to be eligible to 

15 receive distributions under this subsection as at16 large shareholders of the Regional Corporation for 

17 Southeast Alaska.’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(s) EFFECT OF AMENDATORY ACT.—The Unrecog20 nized Southeast Alaska Native Communities Recognition 

21 and Compensation Act and the amendments made by that 

22 Act shall not affect— 

23 ‘‘(1) the ratio for determination of revenue dis24 tribution among Native Corporations under this sec25 tion; or 


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1 ‘‘(2) the settlement agreement among Regional 

2 Corporation or Village Corporations or other provi3 sions of subsection (i) or (j).’’. 

4 SEC. 6. COMPENSATION. 

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

6 1601 et seq.) is amended by adding at the end the fol7 lowing: 

8 ‘‘SEC. 43. URBAN CORPORATIONS FOR HAINES, KETCHIKAN, 

9 PETERSBURG, TENAKEE, AND WRANGELL. 

10 ‘‘(a) OFFER OF COMPENSATION.— 

11 ‘‘(1) IN GENERAL.—On incorporation of the 

12 Urban Corporations for Haines, Ketchikan, Peters13 burg, Tenakee, and Wrangell, the Secretary, in con14 sultation and coordination with the Secretary of 

15 Commerce, and in consultation with representatives 

16 of each such Urban Corporation and the Regional 

17 Corporation for Southeast Alaska, shall offer as 

18 compensation, pursuant to this Act, 1 township of 

19 land (23,040 acres) to each of the Urban Corpora20 tions for Haines, Ketchikan, Petersburg, Tenakee, 

21 and Wrangell, and other appropriate compensation 

22 in accordance with this subsection. 

23 ‘‘(2) LOCAL AREAS OF HISTORICAL, CULTURAL, 

24 TRADITIONAL, AND ECONOMIC IMPORTANCE.— 


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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 offer as compensation under this subsection 

3 local areas of historical, cultural, traditional, 

4 and economic importance to Alaska Natives 

5 from the Villages of Haines, Ketchikan, Peters6 burg, Tenakee, or Wrangell. 

7 ‘‘(B) SELECTION OF LAND.—In selecting 

8 the land to be withdrawn and conveyed pursu9 ant to this section, the Secretary— 

10 ‘‘(i) shall give preference to land with 

11 commercial purposes; and 

12 ‘‘(ii) may include subsistence and cul13 tural sites, aquaculture sites, hydroelectric 

14 sites, tideland, surplus Federal property 

15 and eco-tourism sites. 

16 ‘‘(C) CONTIGUOUS, COMPACT SITES.—The 

17 land selected pursuant to this section shall be 

18 contiguous and reasonably compact tracts if 

19 practicable. 

20 ‘‘(D) VALID EXISTING RIGHTS.—The land 

21 selected pursuant to this section shall be subject 

22 to all valid existing rights and all other provi23 sions of section 14(g), including any lease, con24 tract, permit, right-of-way, or easement (includ25 ing a lease issued under section 6(g) of the Act 


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1 of July 7, 1958 (commonly known as the ‘Alas2 ka Statehood Act’) (48 U.S.C. note prec. 21; 

3 Public Law 85–508)). 

4 ‘‘(3) CAPITAL EXPENSES.—The Secretary shall 

5 offer as compensation under this subsection 

6 $650,000 for capital expenses associated with cor7 porate organization and development, including ex8 penses for— 

9 ‘‘(A) the identification of forest and land 

10 parcels for selection and withdrawal; 

11 ‘‘(B) making conveyance requests, receiv12 ing title, preparing resource inventories, land 

13 and resource use, and development planning; 

14 ‘‘(C) land and property valuations; 

15 ‘‘(D) corporation incorporation and start16 up; 

17 ‘‘(E) advising and enrolling shareholders; 

18 ‘‘(F) issuing stock; and 

19 ‘‘(G) seed capital for resource development. 

20 ‘‘(4) ADDITIONAL COMPENSATION.— 

21 ‘‘(A) IN GENERAL.—The Secretary shall 

22 offer as compensation under this subsection 

23 such additional forms of compensation as the 

24 Secretary considers appropriate, including 

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1 ning, development and other purposes for which 

2 Native Corporations are organized under this 

3 Act and any additional financial compensation. 

4 ‘‘(B) ALLOCATION.—Any additional com5 pensation offered under this paragraph shall be 

6 allocated among the 5 Urban Corporations on a 

7 pro rata basis based on the number of share8 holders in each Urban Corporation. 

9 ‘‘(b) ACCEPTANCE OR REJECTION OF OFFER.— 

10 ‘‘(1) IN GENERAL.—Not later than 1 year after 

11 the date of the offer of compensation from the Sec12 retary under subsection (a), the each of the Urban 

13 Corporations for Haines, Ketchikan, Petersburg, 

14 Tenakee, and Wrangell shall accept or reject the 

15 offer. 

16 ‘‘(2) RESOLUTION.—To accept or reject the 

17 offer, each such Urban Corporation shall provide to 

18 the Secretary a properly executed and certified cor19 porate resolution that states that the offer proposed 

20 by the Secretary was voted on, and either approved 

21 or rejected, by a majority of the shareholders of the 

22 Urban Corporation. 

23 ‘‘(3) REJECTION OF OFFER.—If the offer is re24 jected— 


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1 ‘‘(A) the Secretary, in consultation with 

2 representatives of the Urban Corporation that 

3 rejected the offer and the Regional Corporation 

4 for Southeast Alaska, shall revise the offer; and 

5 ‘‘(B) the Urban Corporation shall have an 

6 additional 180 days within which to accept or 

7 reject the revised offer. 

8 ‘‘(c) WITHDRAWAL AND CONVEYANCE OF LAND AND

9 TITLE.—Not later than 180 days after receipt of a cor10 porate resolution of an Urban Corporation approving an 

11 offer of the Secretary under subsection (b)(1), the Sec12 retary shall (as appropriate)— 

13 ‘‘(1) withdraw the land; 

14 ‘‘(2) convey to the Urban Corporation title to 

15 the surface estate of the land; and 

16 ‘‘(3) convey to the Regional Corporation for 

17 Southeast Alaska title the subsurface estate for the 

18 land. 

19 ‘‘(d) CONVEYANCE OF ROADS, TRAILS, LOG TRANS20 FER FACILITIES, LEASES, AND APPURTENANCES.—The 

21 Secretary shall, without consideration of compensation, 

22 convey to the Urban Corporations of Haines, Ketchikan, 

23 Petersburg, Tenakee, and Wrangell, by quitclaim deed or 

24 patent, all right, title, and interest of the United States 

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1 purtenances on or related to the land conveyed to the Cor2 porations pursuant to subsection (c). 

3 ‘‘(e) SETTLEMENT TRUST.— 

4 ‘‘(1) IN GENERAL.—The Urban Corporations of 

5 Haines, Ketchikan, Petersburg, Tenakee, and 

6 Wrangell may establish a settlement trust in accord7 ance with section 39 for the purposes of promoting 

8 the health, education, and welfare of the trust bene9 ficiaries, and preserving the Native heritage and cul10 ture, of the communities of Haines, Ketchikan, Pe11 tersburg, Tenakee, and Wrangell, respectively. 

12 ‘‘(2) PROCEEDS AND INCOME.—The proceeds 

13 and income from the principal of a trust established 

14 under paragraph (1) shall— 

15 ‘‘(A) first be applied to the support of 

16 those enrollees, and the descendants of the en17 rollees, who are elders or minor children; and 

18 ‘‘(B) then to the support of all other en19 rollees.’’. 

20 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

21 There are authorized to be appropriated such sums 

22 as are necessary to carry out this Act and the amendments 

23 made by this Act. 

Æ 


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