II 

114TH CONGRESS 

1ST SESSION S. 872 

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 SENATE OF THE UNITED STATES 

MARCH 26, 2015 

Ms. MURKOWSKI (for herself and Mr. SULLIVAN) introduced the following bill; 

which was read twice and referred to the Committee on Energy and 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 Sep 11 2014 03:06 Apr 03, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S872.IS S872

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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 pursuant 

10 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, in accordance with this subsection. 

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

23 TRADITIONAL, AND ECONOMIC IMPORTANCE.— 

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

25 offer as compensation under this subsection 


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1 local areas of historical, cultural, traditional, 

2 and economic importance to Alaska Natives 

3 from the Villages of Haines, Ketchikan, Peters4 burg, Tenakee, or Wrangell. 

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

6 the land to be withdrawn and conveyed pursu7 ant to this section, the Secretary— 

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

9 commercial purposes; and 

10 ‘‘(ii) may include subsistence and cul11 tural sites, aquaculture sites, hydroelectric 

12 sites, tideland, surplus Federal property 

13 and eco-tourism sites. 

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

15 land selected pursuant to this section shall be 

16 contiguous and reasonably compact tracts if 

17 practicable. 

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

19 selected pursuant to this section shall be subject 

20 to all valid existing rights and all other provi21 sions of section 14(g), including any lease, con22 tract, permit, right-of-way, or easement (includ23 ing a lease issued under section 6(g) of the Act 

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1 ka Statehood Act’) (48 U.S.C. note prec. 21; 

2 Public Law 85–508)). 

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

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

5 the date of the offer of compensation from the Sec6 retary under subsection (a), the each of the Urban 

7 Corporations for Haines, Ketchikan, Petersburg, 

8 Tenakee, and Wrangell shall accept or reject the 

9 offer. 

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

11 offer, each such Urban Corporation shall provide to 

12 the Secretary a properly executed and certified cor13 porate resolution that states that the offer proposed 

14 by the Secretary was voted on, and either approved 

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

16 Urban Corporation. 

17 ‘‘(3) REJECTION OF OFFER.—If the offer is re18 jected— 

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

20 representatives of the Urban Corporation that 

21 rejected the offer and the Regional Corporation 

22 for Southeast Alaska, shall revise the offer; and 

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

24 additional 180 days within which to accept or 

25 reject the revised offer. 


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

2 TITLE.—Not later than 180 days after receipt of a cor3 porate resolution of an Urban Corporation approving an 

4 offer of the Secretary under subsection (b)(1), the Sec5 retary shall (as appropriate)— 

6 ‘‘(1) withdraw the land; 

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

8 the surface estate of the land; and 

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

10 Southeast Alaska title the subsurface estate for the 

11 land. 

12 ‘‘(d) CONVEYANCE OF ROADS, TRAILS, LOG TRANS13 FER FACILITIES, LEASES, AND APPURTENANCES.—The 

14 Secretary shall, without consideration of compensation, 

15 convey to the Urban Corporations of Haines, Ketchikan, 

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

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

18 in all roads, trails, log transfer facilities, leases, and ap19 purtenances on or related to the land conveyed to the Cor20 porations pursuant to subsection (c). 

21 ‘‘(e) SETTLEMENT TRUST.— 

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

23 Haines, Ketchikan, Petersburg, Tenakee, and 

24 Wrangell may establish a settlement trust in accord25 ance with section 39 for the purposes of promoting 


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1 the health, education, and welfare of the trust bene2 ficiaries, and preserving the Native heritage and cul3 ture, of the communities of Haines, Ketchikan, Pe4 tersburg, Tenakee, and Wrangell, respectively. 

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

6 and income from the principal of a trust established 

7 under paragraph (1) shall— 

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

9 those enrollees, and the descendants of the en10 rollees, who are elders or minor children; and 

11 ‘‘(B) then to the support of all other en12 rollees.’’. 

Æ 


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