Bill Summary
This bill, known as the Alexander Creek Village Recognition Act, proposes to amend the Alaska Native Claims Settlement Act by adding a new section that recognizes the Village of Alexander Creek as an eligible Native village. This recognition would be subject to certain restrictions and would supersede any previous agreements or conveyances made by the Alaska National Interest Lands Conservation Act. The bill also defines key terms and outlines the process for the organization of the village corporation and negotiations with the Secretary to settle any land claims or other claims against the United States. The bill ensures that the village will receive fair and equitable treatment in comparison to other Alaska Native village corporations, despite their previous status as a group corporation. The bill also addresses shareholder participation and clarifies that the Region will no longer be responsible for payments to at-large shareholders, as these payments will now go to the village corporation. The bill does not affect land entitlements or agreements with other village corporations or the federal government, and also does not reduce the land entitlement of Alexander Creek as a group corporation.
Possible Impacts
1. The people of Alexander Creek, Alaska may be affected by this legislation as it recognizes their village as an eligible Native village, allowing them to receive benefits and resources from the Alaska Native Claims Settlement Act. This could potentially improve their standard of living and provide them with more opportunities for economic growth.
2. The shareholders and members of the Native village recognized under this legislation may be affected as they will no longer receive benefits from the Region as at-large shareholders, but rather as shareholders of the newly recognized Village Corporation. This could potentially impact their financial situation and their relationship with the Region.
3. The negotiations between the Secretary and Alexander Creek could potentially have an impact on the relationship between the village and the United States government. This could also have an effect on the allocation of resources and land entitlement for the village.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4582 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 4582
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 27, 2019
Mr. Young introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
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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