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:

43.

Alexander creek village recognition

(a)

Recognition of the village of Alexander Creek

Alexander Creek, located within Township 15N, Range 7W, Seward Meridian, Alaska, is an eligible Native village under section 11(b)(3). (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 conservation system unit has the meaning given that term in the Alaska National Interest Lands Conservation Act. (3)The term Alexander Creek means Alexander Creek Incorporated, an Alaska Native Group corporation, organized pursuant to this Act. (4)The term property has the meaning given that term in Public Law 94–204 (43 U.S.C. 1611 note). (5)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). (c)

Establishment

(1)The Secretary of the Treasury, in consultation with the Secretary of the Interior, shall establish an account in the Treasury to be known as the Alexander Creek account. (2)Funds in the Alexander Creek account shall— (A)be available to Alexander Creek for bidding on and purchasing property sold at public sale, subject to paragraph (3); and (B)remain available until expended. (3)(A)Alexander Creek may use funds in the Alexander Creek account to bid as any other bidder for property in Alaska at any public sale by an agency and may purchase such property in accordance with applicable laws and regulations of the agency offering the property for sale. (B)In conducting a transaction described in subparagraph (A), an agency shall accept, in the same manner as cash, any amount tendered from the Alexander Creek account. The Secretary of the Treasury shall adjust the balance of the Alexander Creek account to reflect the transaction. (C)The Secretary of the Treasury, in consultation with the Secretary of the Interior, shall establish procedures for the following transactions related to the Alexander Creek account: (i)Receipt of deposits. (ii)Receipt of deposits into escrow when an escrow is required for the sale of property. (iii)Reinstatement to the Alexander Creek account of any unused escrow deposits in the event that a sale of property is not consummated. (d)

Land exchange

The Secretary of the Interior shall enter into negotiations to attempt to conclude, under the authority of section 22(f), a land exchange to acquire the surface estate in lands not within any conservation system unit from the State of Alaska or the Matanuska-Susitna Borough under the same procedures set forth in section 22(f) to enable Alexander Creek to select additional public lands within Alexander Creek's original withdrawal area in Alaska, as identified by Alexander Creek. (e)

Amount

(1)The initial balance of the Alexander Creek account shall be the fair market value of the surface estate of the approximately 61,440 acres of deficiency selections made by Alexander Creek, as depicted on the map entitled ____________ and dated ____________. (2)If a conveyance is made to Alexander Creek pursuant to subsection (d), the Alexander Creek account shall be reduced by the amount of the actual acres conveyed multiplied by the average value per acre determined under subsection (g). (f)

Subsurface estate

The subsurface estate to lands conveyed to Alexander Creek under this section shall be conveyed, without consideration, to the Region. (g)

Appraisal

(1)(A)The Secretary shall determine the amount to be deposited into the Alexander Creek account by appraising the fair market value, as of the date of the enactment of this section, of each section selected as a separate parcel and considering that public interest use may be the highest and best use of such parcels. (B)Alexander Creek shall have the opportunity to present evidence of value to the Secretary. The Secretary shall provide Alexander Creek with a preliminary draft of the appraisal. Alexander Creek shall have a reasonable and sufficient opportunity to comment on the appraisal. (2)The Secretary shall forward a certified copy of the appraisal to Alexander Creek. (h)

Implementation

(1)Alexander Creek may assign without restriction any or all of the Alexander Creek account upon written notification to the Secretary of the Treasury and the Secretary of the Interior. In the event that such an assignment is made to the Region, on notice from Alexander Creek to the Secretary of the Treasury and the Secretary of the Interior, the amount of such assignment shall be added to or made a part of the Region's Property Account in the Treasury established pursuant to section 12(b) of Public Law 94–204, and may be used in the same manner as other funds in that account. (2)Upon certification by the Secretary of the Interior of the appraisal completed pursuant to subsection (g), Alexander Creek shall be deemed to have accepted the terms of this section in lieu of any other land entitlement it could have received pursuant to this Act. Such acceptance shall satisfy all claims Alexander Creek had or may have had against the United States on the date of the enactment of this section. (3)Any land conveyed to Alexander Creek pursuant to subsection (e) shall be deemed to be a conveyance pursuant to this Act. (i)

Treatment of amounts from account

The Secretary of the Treasury and the heads of agencies shall administer sales pursuant to this section in the same manner as is provided for any other Native village authorized by law as of the date of the enactment of this section (including the use of similar accounts for bidding on and purchasing property sold for public sale). (j)

Limitation on agents' and attorneys' fees

No more than 2.5 percent of payments received by or on behalf of Alexander Creek under this section may be paid to or received by any agent or attorney for services rendered in connection with obtaining such payment, any contract to the contrary notwithstanding. Any person who violates this subsection shall be guilty of a misdemeanor and shall be subject to a fine in the amount provided in title 18, United States Code.