I 

111TH CONGRESS 

1ST SESSION H. R. 3229 

To amend the Alaska Native Claims Settlement Act to recognize Alexander 

Creek as a Native village, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 15, 2009 

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

Committee on Natural Resources 

A BILL 

To amend the Alaska Native Claims Settlement Act to recognize Alexander Creek 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) RECOGNITION OF THE VILLAGE OF ALEXANDER

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

10 notwithstanding section 1432(d) of the Alaska National 


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1 Interest Lands Conservation Act (Public Law 96–487) to 

2 the contrary, Alexander Creek, located within Township 

3 15N, Range 7W, Seward Meridian, Alaska, is and shall 

4 be recognized as an eligible Native village under section 

5 11(b)(3) of this Act. 

6 ‘‘(b) DEFINITIONS.—For the purposes of this section, 

7 the following terms apply: 

8 ‘‘(1) The term ‘agency’ includes— 

9 ‘‘(A) any instrumentality of the United 

10 States; 

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

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

13 corporation of the United States Government 

14 identified in chapter 91 of title 31, United 

15 States Code. 

16 ‘‘(2) The term ‘conservation system unit’ has 

17 the meaning given that term in the Alaska National 

18 Interest Lands Conservation Act. 

19 ‘‘(3) The term ‘Alexander Creek’ means Alex20 ander Creek Incorporated, an Alaska Native Group 

21 corporation, organized pursuant to this Act. 

22 ‘‘(4) The term ‘property’ has the meaning given 

23 that term in Public Law 94–204 (43 U.S.C. 1611 

24 note). 


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1 ‘‘(5) The term ‘Region’ means Cook Inlet Re2 gion Incorporated, an Alaska Native Regional Cor3 poration, which is the appropriate Regional Corpora4 tion for Alexander Creek under section 1613(h) of 

5 this Act. 

6 ‘‘(6) The term ‘CIRI Property Account’ means 

7 the account in the Treasury established by the Sec8 retary of the Treasury pursuant to section 12(b) of 

9 Public Law 94–204 (43 U.S.C. 1611 note), referred 

10 to in that section as the ‘Cook Inlet Region, Incor11 porated property account’. 

12 ‘‘(c) ESTABLISHMENT.—(1) The Secretary of the 

13 Treasury, in consultation with the Secretary of the Inte14 rior, shall establish an account in the Treasury to be 

15 known as the ‘Alexander Creek account’ which shall be 

16 funded in the full amount provided for by this section 

17 within 24 months of the date of enactment of this section 

18 ‘‘(2) Funds in the Alexander Creek account shall— 

19 ‘‘(A) be available to Alexander Creek for bid20 ding on and purchasing property sold at public sale, 

21 subject to paragraph (3); and 

22 ‘‘(B) remain available until expended. 

23 ‘‘(3)(A) Alexander Creek may use funds in the Alex24 ander Creek account to bid as any other bidder for prop25 erty in Alaska at any public sale by an agency and may 


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1 purchase such property in accordance with applicable laws 

2 and regulations of the agency offering the property for 

3 sale. 

4 ‘‘(B) In conducting a transaction described in sub5 paragraph (A), an agency shall accept, in the same man6 ner as cash, any amount tendered from the Alexander 

7 Creek account. The Secretary of the Treasury shall adjust 

8 the balance of the Alexander Creek account to reflect the 

9 transaction. 

10 ‘‘(C) The Secretary of the Treasury, in consultation 

11 with the Secretary of the Interior, shall establish proce12 dures for the following transactions related to the Alex13 ander Creek account: 

14 ‘‘(i) Receipt of deposits. 

15 ‘‘(ii) Receipt of deposits into escrow when an 

16 escrow is required for the sale of property. 

17 ‘‘(iii) Reinstatement to the Alexander Creek ac18 count of any unused escrow deposits in the event 

19 that a sale of property is not consummated. 

20 ‘‘(d) AMOUNT.—(1) The initial balance of the Alex21 ander Creek account shall be the fair market value as de22 termined by the appraisal conducted under subsection (g) 

23 of the surface estate of the approximately 61,440 acres 

24 of deficiency selections previously made by Alexander 

25 Creek, which comprise the following parcels of land: 


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1 ‘‘T. 2 T., R. 19 W., secs. 3 and 4. 

2 ‘‘T. 2 T., R. 19 W., sec. 10. 

3 ‘‘T. 2 T., R. 19 W., secs. 14 and 15. 

4 ‘‘T. 3 T., R. 19 W., sec. 30. 

5 ‘‘T. 2 T., R. 20 W., secs. 20 through 23. 

6 ‘‘T. 3 T., R. 20 W., sec. 10. 

7 ‘‘T. 3 T., R. 20 W., sec. 14. 

8 ‘‘T. 3 T., R. 20 W., secs. 24 and 25. 

9 ‘‘T. 1 T., R. 26 W., sec. 31. 

10 ‘‘T. 2 T., R. 27 W., secs. 3 and 4. 

11 ‘‘T. 2 T., R. 29 W., secs. 3 through 5. 

12 ‘‘T. 2 S., R. 19 W., sec. 18. 

13 ‘‘T. 2 S., R. 20 W., secs. 12 and 13. 

14 ‘‘T. 2 S., R. 20 W., sec. 24. 

15 ‘‘T. 2 S., R. 20 W., secs. 26 and 27. 

16 ‘‘T. 2 S., R. 20 W., secs. 33 and 34. 

17 ‘‘T. 3 S., R. 23 W., sec. 25. 

18 ‘‘T. 6 S., R. 24 W., secs. 1 and 2. 

19 ‘‘T. 6 S., R. 24 W., sec. 11. 

20 ‘‘T. 6 S., R. 24 W., secs. 18 through 20. 

21 ‘‘T. 9 S., R. 27 W., secs. 6 and 7. 

22 ‘‘T. 7 S., R. 28 W., sec. 2. 

23 ‘‘T. 7 S., R. 28 W., sec. 21. 

24 ‘‘T. 7 S., R. 28 W., secs. 28 and 29. 

25 ‘‘T. 7 S., R. 28 W., secs. 31 through 33. 


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1 ‘‘T. 8 S., R. 28 W., secs. 5 through 7. 

2 ‘‘T. 9 S., R. 28 W., sec. 1. 

3 ‘‘T. 9 S., R. 28 W., sec. 12. 

4 ‘‘T. 7 S., R. 29 W., sec. 12. 

5 ‘‘T. 8 S., R. 29 W., sec. 1. 

6 ‘‘T. 8 S., R. 29 W., secs. 3 and 4. 

7 ‘‘T. 8 S., R. 29 W., secs. 8 through 20. 

8 ‘‘T. 2 N., R. 20 W., sec. 13. 

9 ‘‘T. 1 N., R. 27 W., sec. 8. 

10 ‘‘T. 1 N., R. 27 W., sec. 16. 

11 ‘‘T. 1 N., R. 27 W., secs. 20 through 23. 

12 ‘‘T. 1 N., R. 27 W., sec. 25. 

13 ‘‘T. 1 N., R. 27 W., sec. 36. 

14 ‘‘T. 1 N., R. 28 W., secs. 1 and 2. 

15 ‘‘T. 1 N., R. 28 W., secs. 8 through 11. 

16 ‘‘T. 1 N., R. 28 W., secs. 16 through 18. 

17 ‘‘T. 3 S., R. 23 W., sec. 8. 

18 ‘‘T. 3 S., R. 23 W., sec. 26. 

19 ‘‘T. 3 S., R. 23 W., sec. 33. 

20 ‘‘T. 6 S., R. 24 W., secs. 27 and 28. 

21 ‘‘T. 7 S., R. 28 W., secs. 4 through 7. 

22 ‘‘T. 7 S., R. 28 W., secs. 10 and 11. 

23 ‘‘T. 7 S., R. 28 W., secs. 14 and 15. 

24 ‘‘T. 7 S., R. 28 W., sec. 22. 

25 ‘‘T. 8 S., R. 29 W., sec. 5. 


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1 ‘‘T. 2 N., R. 20 W., sec. 30. 

2 ‘‘T. 3 N., R. 20 W., sec. 2. 

3 ‘‘T. 3 N., R. 20 W., sec. 13. 

4 ‘‘T. 4 N., R. 20 W., sec. 33. 

5 ‘‘T. 2 N., R. 27 W., secs. 10 through 12. 

6 ‘‘T. 11 N., R. 28 W., secs. 16 through 27. 

7 ‘‘T. 2 N., R. 30 W., sec. 12. 

8 ‘‘T. 1 S., R. 20 W., sec. 4. 

9 ‘‘T. 3 S., R. 23 W., sec. 17. 

10 ‘‘T. 3 S., R. 23 W., sec. 28. 

11 ‘‘T. 6 S., R. 24 W., sec. 14. 

12 ‘‘T. 6 S., R. 24 W., sec. 21. 

13 ‘‘T. 6 S., R. 24 W., sec. 26. 

14 ‘‘T. 5 S., R. 26 W., secs. 29 and 30. 

15 ‘‘T. 7 S., R. 28 W., sec. 1. 

16 ‘‘T. 7 S., R. 29 W., sec. 1. 

17 ‘‘T. 7 S., R. 29 W., sec. 11. 

18 ‘‘T. 7 S., R. 29 W., secs. 14 through 16. 

19 ‘‘T. 7 S., R. 29 W., secs. 21 and 22. 

20 ‘‘T. 2 N., R. 19 W., sec. 7. 

21 ‘‘T. 2 N., R. 19 W., sec. 18. 

22 ‘‘(2) The balance of the CIRI Property Account shall 

23 be increased by an amount equal to the fair market value 

24 of the subsurface estate of the approximately 61,440 acres 

25 of deficiency selections made by Alexander Creek, as deVerDate Nov 24 2008 03:04 Jul 16, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3229.IH H3229

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1 scribed in paragraph (1): Provided, That the value of such 

2 subsurface estate shall not be less than 61,440 multiplied 

3 by the acre equivalent value of the Region’s entitlement 

4 lands under paragraph (2) of the second section of 

5 12(b)(7)(iv) of the Act of January 2, 1976 (Public Law 

6 94–204). The funds added to the CIRI Property Account 

7 pursuant to this subsection shall be segregated from all 

8 other funds therein by a method to be mutually agreed 

9 by CIRI and the Secretary of the Treasury. 

10 ‘‘(e) LAND EXCHANGE.—The Secretary of the Inte11 rior shall enter into negotiations with Alexander Creek, 

12 no later than 180 days after the date of the enactment 

13 of this Act, to attempt to conclude, under the authority 

14 of section 22(f), a land exchange to acquire lands not with15 in any conservation system unit from the State of Alaska 

16 or the Matanuska-Susitna Borough under the same proce17 dures set forth in section 22(f) to enable Alexander Creek 

18 to obtain additional public lands within Alexander Creek’s 

19 original withdrawal area in Alaska, as identified by Alex20 ander Creek. The subsurface to lands conveyed to Alex21 ander Creek under subsection (d) shall be conveyed, with22 out consideration, to the Region and shall be treated for 

23 all purposes as subsurface land conveyed to the Region 

24 under section 14(f). Any land exchange to be undertaken 

25 pursuant to this subsection must be approved by AlexVerDate Nov 24 2008 03:04 Jul 16, 2009 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3229.IH H3229

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1 ander Creek, and must be completed no later than 36 

2 months after the date of the enactment of this Act. 

3 ‘‘(f) ADJUSTMENT IN ACCOUNT.—If a conveyance of 

4 surface estate is made to Alexander Creek pursuant to 

5 subsection (e), the Alexander Creek account shall be re6 duced by the amount of the actual acres conveyed multi7 plied by the average value per acre of the surface acres 

8 appraised under subsection (g). If a conveyance of sub9 surface estate is made to the Region pursuant to sub10 section (d), the CIRI Property Account shall be reduced 

11 by the amount of the actual acres conveyed multiplied by 

12 the average value per acre of the subsurface acres ap13 praised under subsection (g). 

14 ‘‘(g) APPRAISAL.—(1)(A) Subject to subsection 

15 (d)(2), the Secretary shall determine the amount to be de16 posited into the Alexander Creek and CIRI Property ac17 counts by separately appraising, on a reasonable basis, 

18 based on all available evidence, the fair market value, as 

19 of the date of the enactment of this section, of the surface 

20 and subsurface of each section selected as a separate par21 cel and considering that ‘public interest’ use may be the 

22 highest and best use of such parcels. 

23 ‘‘(B) Alexander Creek and the Region shall each have 

24 the opportunity to present evidence of value to the Sec25 retary solely with respect to the respective estates inVerDate Nov 24 2008 03:04 Jul 16, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3229.IH H3229

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1 volved, comprising surface estate for Alexander Creek and 

2 subsurface estate for the Region. The Secretary shall pro3 vide Alexander Creek and the Region with a preliminary 

4 draft of the appraisal. Alexander Creek and the Region 

5 shall have a reasonable and sufficient opportunity to com6 ment on the appraisal. 

7 ‘‘(2) The Secretary shall forward a certified copy of 

8 the appraisal of their separate and respective estates each 

9 to Alexander Creek, and the Region. 

10 ‘‘(h) IMPLEMENTATION.—(1) Alexander Creek may 

11 assign to any person or corporation without restriction any 

12 or all of the Alexander Creek account upon written notifi13 cation to the Secretary of the Treasury and the Secretary 

14 of the Interior. In the event that such an assignment is 

15 made to the Region, on notice from Alexander Creek to 

16 the Secretary of the Treasury and the Secretary of the 

17 Interior, and subject to the written consent of the Region 

18 in its sole and absolute discretion, the amount of such as19 signment shall be added to or made a part of the CIRI 

20 Property Account, and may be used in the same manner 

21 as other funds in that account. 

22 ‘‘(2) Except for such lands as Alexander Creek has 

23 received prior to enactment of this section, and such lands 

24 it is entitled to recover as a Group Corporation, upon com25 pletion by the Secretary of the Interior of the appraisal 


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1 process pursuant to subsection (g), and notification to the 

2 Secretary from Alexander Creek that Alexander Creek ac3 cepts the results of the appraisal process, Alexander Creek 

4 shall be deemed to have accepted the terms of this section 

5 in lieu of any other land entitlement it could have received 

6 as a village pursuant to this Act, including, without limita7 tion, any lands it would have received pursuant to section 

8 12(b). Such acceptance shall satisfy all claims Alexander 

9 Creek had or may have had against the United States on 

10 the date of the enactment of this section. 

11 ‘‘(3) Any land acquired by Alexander Creek with 

12 funds from the Alexander Creek account shall be deemed 

13 to be a conveyance pursuant to this Act. 

14 ‘‘(i) TREATMENT OF AMOUNTS FROM THE ALEX15 ANDER CREEK ACCOUNT.—The Secretary of the Treasury 

16 and the heads of agencies shall administer sales pursuant 

17 to this section in the same manner as is provided for any 

18 other Native village authorized by law as of the date of 

19 the enactment of this section (including the use of similar 

20 accounts for bidding on and purchasing property sold for 

21 public sale). 

22 ‘‘(j) LIMITATION ON AGENTS’ AND ATTORNEYS’ 

23 FEES.—No more than 2.5 percent of payments received 

24 by or on behalf of Alexander Creek under this section may 

25 be paid to or received by any agent or attorney for services 


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1 rendered in connection with obtaining such payment, any 

2 contract to the contrary notwithstanding. Any person who 

3 violates this subsection shall be guilty of a misdemeanor 

4 and shall be subject to a fine in the amount provided in 

5 title 18, United States Code. 

6 ‘‘(k) SHAREHOLDER PARTICIPATION.—Alexander 

7 Creek shall notify each member of the Native village rec8 ognized under this section that, upon the effective date 

9 of this provision, such members shall cease to receive bene10 fits from the Region as at-large shareholders pursuant to 

11 section 7(m), and that all future resource payments from 

12 the Region shall be made to the Village Corporation pur13 suant to section 7(j). The Region shall not be liable under 

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

15 common law, for damages arising out of or related to the 

16 cessation of payments to such individuals under section 

17 7(m) pursuant to this section. 

18 ‘‘(l) STATUTORY CONSTRUCTION.—Nothing in this 

19 section shall be construed to— 

20 ‘‘(1) limit, alter, violate, breach, or otherwise 

21 affect the rights of any party under a contract, set22 tlement agreement, or land exchange entered into 

23 prior to enactment of this section between Alexander 

24 Creek and any party, or one or more parties to any 

25 contract, settlement, agreement, or land exchange 


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1 predicated upon Alexander Creek’s Native village 

2 status under this Act; or 

3 ‘‘(2) diminish, reduce, or modify the acreage 

4 entitlement to which Alexander Creek became enti5 tled to as a Group Corporation.’’. 

Æ 


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