To amend the Alaska Native Claims Settlement Act to provide that Alexander Creek, Alaska, is and shall be recognized as an eligible Native village under that Act, and for other purposes.
Bill: H.R.440 | Sponsor: Rep. Young, Don (R-AK)
Policy area: Native Americans

Summary:
This bill recognizes the Alaska Native group corporation of Alexander Creek as an Alaska Native village corporation eligible for certain land and benefits.
Alexander Creek must file any amendments to its corporate charter that are necessary to convert from a Native group corporation to a Native village corporation.
In addition, the bill requires the Department of the Interior to open negotiations with Alexander Creek to settle Alexander Creek's aboriginal land claims and any other claims it has against the United States.
Finally, Alexander Creek must notify its members that (1) they will cease to receive benefits from Cook Inlet Region Incorporated (CIRI) individually as at-large shareholders, and (2) all future resource payments from CIRI will be made to the village corporation. CIRI is not liable under any state, federal, or local law for damages related to that payment cessation.

To amend the Alaska Native Claims Settlement Act to provide that 
  Alexander Creek, Alaska, is and shall be recognized as an eligible 
         Native village under that Act, and for other purposes.

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

SECTION 1. ALEXANDER CREEK VILLAGE RECOGNITION.

    The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is 
amended by adding at the end the following:

``SEC. 43. ALEXANDER CREEK VILLAGE RECOGNITION.

    ``(a) Recognition of the Village of Alexander Creek.--Subject to 
the limitations of this section and notwithstanding section 1432(d) of 
the Alaska National Interest Lands Conservation Act (Public Law 96-487) 
and any conveyance or agreement in furtherance thereof or thereto, to 
the contrary, Alexander Creek, located within Township 15N, Range 7W, 
Seward Meridian, Alaska, is and shall be recognized as an eligible 
Native village under section 11(b)(3) of this Act.
    ``(b) Definitions.--For the purposes of this section, the following 
terms apply:
            ``(1) The term `agency' includes--
                    ``(A) any instrumentality of the United States;
                    ``(B) any element of an agency; and
                    ``(C) any wholly owned or mixed-owned corporation 
                of the United States Government identified in chapter 
                91 of title 31, United States Code.
            ``(2) The term `Alexander Creek' means Alexander Creek, 
        Incorporated, an Alaska Native Group corporation organized 
        pursuant to this Act prior to the enactment of this section, 
        but subsequent to enactment of this section means Alexander 
        Creek, Incorporated, an Alaska Native Village corporation 
        recognized and organized pursuant to section (a).
            ``(3) The term `Region' means Cook Inlet Region 
        Incorporated, an Alaska Native Regional Corporation, which is 
        the appropriate Regional Corporation for Alexander Creek under 
        section 1613(h) of this Act.
    ``(c) Organization of Alexander Creek.--As soon as practicable 
after enactment of this section, Alexander Creek shall cause to be 
filed--
            ``(1) any amendments to its corporate charter in the State 
        of Alaska necessary to convert from a Native group to a Native 
        Village corporation; and
            ``(2) if necessary, any amendments to its corporate charter 
        and governing business documents that fulfill the terms of the 
        agreement authorized under this Act.
    ``(d) Negotiations.--Not later than 30 days after the date of the 
enactment of this section, the Secretary shall open negotiations with 
Alexander Creek and, not later than 13 months after the date of the 
enactment of this section, reach an agreement with Alexander Creek to 
fairly and equitably settle Alexander Creek's aboriginal land claims 
and any other claims of Alexander Creek against the United States. An 
agreement under this section shall be in approximate value parity with 
those of other Alaska Native Village Corporations, notwithstanding 
Alexander Creek's prior status as a Group Corporation. The Secretary 
shall effectuate such agreement under the authority in this section, 
other existing authorities, and in coordination with the Administrator 
with respect to surplus property to be transferred to Alexander Creek 
pursuant to such agreement. Notwithstanding paragraphs (2) and (3) of 
section 549(a) of title 40, United States Code, Alexander Creek is 
hereby considered both a `State' and a `State agency' under that 
section for the sole purpose of the Secretary effectuating an agreement 
under this section. Notwithstanding any other provision of law, 
Alexander Creek is hereby considered eligible to receive real property 
declared to be surplus under section 1303 of title 40, United States 
Code, for the sole purpose of the Secretary effectuating an agreement 
under this section.
    ``(e) Shareholder Participation.--Alexander Creek shall notify each 
member of the Native village recognized under this section that, upon 
the effective date of this section, such members shall cease to receive 
benefits from the Region as at-large shareholders pursuant to section 
7(m), and that all future resource payments from the Region shall be 
made to the Village Corporation pursuant to section 7(j). The Region 
shall not be liable under any State, Federal, or local law, or under 
State or Federal common law, for damages arising out of or related to 
the cessation of payments to such individuals under section 7(m) 
pursuant to this section.
    ``(f) Construction.--Except as provided in this section with 
respect to Alexander Creek, nothing in this section shall be construed 
to modify or amend land conveyance entitlements or conveyance 
agreements between the Region and village corporations other than 
Alexander Creek in such region, nor between the Region and the Federal 
Government, nor between any such parties and the State of Alaska.
    ``(g) Construction Regarding Current Alexander Creek Land.--Nothing 
in this section shall be construed to reduce the land entitlement to 
which Alexander Creek became entitled as a Group Corporation, including 
the land selected by and conveyed to Alexander Creek at the time of 
enactment of this section.''.
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