II 

114TH CONGRESS 

1ST SESSION S. 2017 

To amend the Alaska Native Claims Settlement Act to recognize Alexander 

Creek, Alaska, as a Native village, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 9, 2015 

Ms. MURKOWSKI 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 recognize Alexander Creek, Alaska, as a Native village, 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 VILLAGE 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 VILLAGE RECOGNITION. 

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

9 ‘‘(1) AGENCY.—The term ‘agency’ includes— 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•S 2017 IS

1 ‘‘(A) any instrumentality of the United 

2 States; 

3 ‘‘(B) any element of an agency; and 

4 ‘‘(C) any wholly owned or mixed-owned 

5 corporation of the Federal Government identi6 fied in chapter 91 of title 31, United States 

7 Code. 

8 ‘‘(2) ALEXANDER CREEK.—The term ‘Alex9 ander Creek’ means Alexander Creek, Incorporated, 

10 a Village Corporation recognized and organized pur11 suant to section (b). 

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

13 Inlet Region Incorporated, a Regional Corporation, 

14 which is the appropriate Regional Corporation for 

15 Alexander Creek under section 14(h). 

16 ‘‘(b) RECOGNITION OF THE VILLAGE OF ALEXANDER

17 CREEK.—Subject to the limitations of this section and 

18 notwithstanding subsection (d) of section 1432 of the 

19 Alaska National Interest Lands Conservation Act (Public 

20 Law 96–487; 94 Stat. 2543) or any conveyance under that 

21 section, Alexander Creek, Incorporated, a Group Corpora22 tion organized pursuant to this Act located within T. 15 

23 N., R. 7 W., Seward Meridian, Alaska, is recognized as 

24 an eligible Native village under section 11(b)(3). 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•S 2017 IS

1 ‘‘(c) ORGANIZATION OF ALEXANDER CREEK.—As 

2 soon as practicable after the date of enactment of this sec3 tion, Alexander Creek shall file in the State— 

4 ‘‘(1) any amendments to the corporate charter 

5 of Alexander Creek that are necessary to convert 

6 from a Group Corporation to a Village Corporation; 

7 and 

8 ‘‘(2) any amendments to the corporate charter 

9 and governing business documents of Alexander 

10 Creek that are necessary to fulfill the terms of the 

11 agreement authorized under subsection (d). 

12 ‘‘(d) NEGOTIATIONS; AGREEMENT.— 

13 ‘‘(1) IN GENERAL.—Not later than 30 days 

14 after the date of enactment of this section, the Sec15 retary shall commence negotiations with Alexander 

16 Creek to fairly and equitably settle any aboriginal 

17 land claims and any other claims that Alexander 

18 Creek has against the United States. 

19 ‘‘(2) AGREEMENT.— 

20 ‘‘(A) DEADLINE.—Not later than 13 

21 months after the date of enactment of this sec22 tion, the Secretary shall enter into an agree23 ment with Alexander Creek relating to the 

24 claims described in paragraph (1). 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

•S 2017 IS

1 ‘‘(B) TERMS.—Notwithstanding the prior 

2 status of Alexander Creek as a Group Corpora3 tion, an agreement under this paragraph shall 

4 be in approximate value parity, considering in5 flation, with agreements of other Village Cor6 porations. 

7 ‘‘(C) AVAILABILITY OF FUNDS.—Any 

8 funds to be provided for Alexander Creek under 

9 an agreement entered into under this paragraph 

10 shall be available subject to appropriations. 

11 ‘‘(D) APPLICABLE LAW.— 

12 ‘‘(i) IN GENERAL.—The Secretary 

13 shall carry out an agreement entered into 

14 under this paragraph— 

15 ‘‘(I) in accordance with this sec16 tion and other existing authorities; 

17 and 

18 ‘‘(II) in coordination with the 

19 Administrator of General Services 

20 pursuant to section 549 of title 40, 

21 United States Code, with respect to 

22 property to be transferred to Alex23 ander Creek pursuant to the agree24 ment, subject to clause (ii). 


SSpencer on DSK4SPTVN1PROD with BILLS
5 

•S 2017 IS

1 ‘‘(ii) CONSIDERATION AS STATE.— 

2 Notwithstanding paragraphs (2) and (3) of 

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

4 Code, Alexander Creek shall be considered 

5 a ‘State’ and a ‘State agency’ under that 

6 section for the purposes of the Secretary 

7 carrying out an agreement under this 

8 paragraph. 

9 ‘‘(e) SHAREHOLDER PARTICIPATION.— 

10 ‘‘(1) IN GENERAL.—Alexander Creek shall no11 tify each member of the Village Corporation recog12 nized under subsection (b) that, as of the date of en13 actment of this section— 

14 ‘‘(A) the member shall cease to receive 

15 benefits from the Region as at-large share16 holders pursuant to section 7(m); and 

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

18 Region shall be made to the Village Corporation 

19 pursuant to section 7(j). 

20 ‘‘(2) LIMITATION OF LIABILITY.—The Region 

21 shall not be liable under any Federal, State, or local 

22 law or under Federal or State common law for dam23 ages arising out of or related to the cessation of pay24 ments to the members of Alexander Creek described 

25 in paragraph (1)(A). 


SSpencer on DSK4SPTVN1PROD with BILLS
6 

•S 2017 IS

1 ‘‘(f) EFFECT.—Except as provided in this section 

2 with respect to Alexander Creek, nothing in this section— 

3 ‘‘(1) modifies or amends any land conveyance 

4 entitlement or conveyance agreement— 

5 ‘‘(A) between the Region and a Village 

6 Corporation (other than Alexander Creek) in 

7 the Region; 

8 ‘‘(B) between the Region and the Federal 

9 Government; or 

10 ‘‘(C) between any party described in sub11 paragraph (A) or (B) and the State; or 

12 ‘‘(2) reduces the land entitlement to which 

13 Alexander Creek became entitled as a Group Cor14 poration, including the land selected by and con15 veyed to Alexander Creek on the date of enactment 

16 of this section.’’. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS