[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3229 Introduced in House (IH)]

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.

    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) 
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 `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) of this Act.
            ``(6) The term `CIRI Property Account' means the account in 
        the Treasury established by the Secretary of the Treasury 
        pursuant to section 12(b) of Public Law 94-204 (43 U.S.C. 1611 
        note), referred to in that section as the `Cook Inlet Region, 
        Incorporated property account'.
    ``(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' 
which shall be funded in the full amount provided for by this section 
within 24 months of the date of enactment of this section
    ``(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) Amount.--(1) The initial balance of the Alexander Creek 
account shall be the fair market value as determined by the appraisal 
conducted under subsection (g) of the surface estate of the 
approximately 61,440 acres of deficiency selections previously made by 
Alexander Creek, which comprise the following parcels of land:
                    ``T. 2 T., R. 19 W., secs. 3 and 4.
                    ``T. 2 T., R. 19 W., sec. 10.
                    ``T. 2 T., R. 19 W., secs. 14 and 15.
                    ``T. 3 T., R. 19 W., sec. 30.
                    ``T. 2 T., R. 20 W., secs. 20 through 23.
                    ``T. 3 T., R. 20 W., sec. 10.
                    ``T. 3 T., R. 20 W., sec. 14.
                    ``T. 3 T., R. 20 W., secs. 24 and 25.
                    ``T. 1 T., R. 26 W., sec. 31.
                    ``T. 2 T., R. 27 W., secs. 3 and 4.
                    ``T. 2 T., R. 29 W., secs. 3 through 5.
                    ``T. 2 S., R. 19 W., sec. 18.
                    ``T. 2 S., R. 20 W., secs. 12 and 13.
                    ``T. 2 S., R. 20 W., sec. 24.
                    ``T. 2 S., R. 20 W., secs. 26 and 27.
                    ``T. 2 S., R. 20 W., secs. 33 and 34.
                    ``T. 3 S., R. 23 W., sec. 25.
                    ``T. 6 S., R. 24 W., secs. 1 and 2.
                    ``T. 6 S., R. 24 W., sec. 11.
                    ``T. 6 S., R. 24 W., secs. 18 through 20.
                    ``T. 9 S., R. 27 W., secs. 6 and 7.
                    ``T. 7 S., R. 28 W., sec. 2.
                    ``T. 7 S., R. 28 W., sec. 21.
                    ``T. 7 S., R. 28 W., secs. 28 and 29.
                    ``T. 7 S., R. 28 W., secs. 31 through 33.
                    ``T. 8 S., R. 28 W., secs. 5 through 7.
                    ``T. 9 S., R. 28 W., sec. 1.
                    ``T. 9 S., R. 28 W., sec. 12.
                    ``T. 7 S., R. 29 W., sec. 12.
                    ``T. 8 S., R. 29 W., sec. 1.
                    ``T. 8 S., R. 29 W., secs. 3 and 4.
                    ``T. 8 S., R. 29 W., secs. 8 through 20.
                    ``T. 2 N., R. 20 W., sec. 13.
                    ``T. 1 N., R. 27 W., sec. 8.
                    ``T. 1 N., R. 27 W., sec. 16.
                    ``T. 1 N., R. 27 W., secs. 20 through 23.
                    ``T. 1 N., R. 27 W., sec. 25.
                    ``T. 1 N., R. 27 W., sec. 36.
                    ``T. 1 N., R. 28 W., secs. 1 and 2.
                    ``T. 1 N., R. 28 W., secs. 8 through 11.
                    ``T. 1 N., R. 28 W., secs. 16 through 18.
                    ``T. 3 S., R. 23 W., sec. 8.
                    ``T. 3 S., R. 23 W., sec. 26.
                    ``T. 3 S., R. 23 W., sec. 33.
                    ``T. 6 S., R. 24 W., secs. 27 and 28.
                    ``T. 7 S., R. 28 W., secs. 4 through 7.
                    ``T. 7 S., R. 28 W., secs. 10 and 11.
                    ``T. 7 S., R. 28 W., secs. 14 and 15.
                    ``T. 7 S., R. 28 W., sec. 22.
                    ``T. 8 S., R. 29 W., sec. 5.
                    ``T. 2 N., R. 20 W., sec. 30.
                    ``T. 3 N., R. 20 W., sec. 2.
                    ``T. 3 N., R. 20 W., sec. 13.
                    ``T. 4 N., R. 20 W., sec. 33.
                    ``T. 2 N., R. 27 W., secs. 10 through 12.
                    ``T. 11 N., R. 28 W., secs. 16 through 27.
                    ``T. 2 N., R. 30 W., sec. 12.
                    ``T. 1 S., R. 20 W., sec. 4.
                    ``T. 3 S., R. 23 W., sec. 17.
                    ``T. 3 S., R. 23 W., sec. 28.
                    ``T. 6 S., R. 24 W., sec. 14.
                    ``T. 6 S., R. 24 W., sec. 21.
                    ``T. 6 S., R. 24 W., sec. 26.
                    ``T. 5 S., R. 26 W., secs. 29 and 30.
                    ``T. 7 S., R. 28 W., sec. 1.
                    ``T. 7 S., R. 29 W., sec. 1.
                    ``T. 7 S., R. 29 W., sec. 11.
                    ``T. 7 S., R. 29 W., secs. 14 through 16.
                    ``T. 7 S., R. 29 W., secs. 21 and 22.
                    ``T. 2 N., R. 19 W., sec. 7.
                    ``T. 2 N., R. 19 W., sec. 18.
    ``(2) The balance of the CIRI Property Account shall be increased 
by an amount equal to the fair market value of the subsurface estate of 
the approximately 61,440 acres of deficiency selections made by 
Alexander Creek, as described in paragraph (1): Provided, That the 
value of such subsurface estate shall not be less than 61,440 
multiplied by the acre equivalent value of the Region's entitlement 
lands under paragraph (2) of the second section of 12(b)(7)(iv) of the 
Act of January 2, 1976 (Public Law 94-204). The funds added to the CIRI 
Property Account pursuant to this subsection shall be segregated from 
all other funds therein by a method to be mutually agreed by CIRI and 
the Secretary of the Treasury.
    ``(e) Land Exchange.--The Secretary of the Interior shall enter 
into negotiations with Alexander Creek, no later than 180 days after 
the date of the enactment of this Act, to attempt to conclude, under 
the authority of section 22(f), a land exchange to acquire 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 obtain additional public 
lands within Alexander Creek's original withdrawal area in Alaska, as 
identified by Alexander Creek. The subsurface to lands conveyed to 
Alexander Creek under subsection (d) shall be conveyed, without 
consideration, to the Region and shall be treated for all purposes as 
subsurface land conveyed to the Region under section 14(f). Any land 
exchange to be undertaken pursuant to this subsection must be approved 
by Alexander Creek, and must be completed no later than 36 months after 
the date of the enactment of this Act.
    ``(f) Adjustment in Account.--If a conveyance of surface estate is 
made to Alexander Creek pursuant to subsection (e), the Alexander Creek 
account shall be reduced by the amount of the actual acres conveyed 
multiplied by the average value per acre of the surface acres appraised 
under subsection (g). If a conveyance of subsurface estate is made to 
the Region pursuant to subsection (d), the CIRI Property Account shall 
be reduced by the amount of the actual acres conveyed multiplied by the 
average value per acre of the subsurface acres appraised under 
subsection (g).
    ``(g) Appraisal.--(1)(A) Subject to subsection (d)(2), the 
Secretary shall determine the amount to be deposited into the Alexander 
Creek and CIRI Property accounts by separately appraising, on a 
reasonable basis, based on all available evidence, the fair market 
value, as of the date of the enactment of this section, of the surface 
and subsurface 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 and the Region shall each have the 
opportunity to present evidence of value to the Secretary solely with 
respect to the respective estates involved, comprising surface estate 
for Alexander Creek and subsurface estate for the Region. The Secretary 
shall provide Alexander Creek and the Region with a preliminary draft 
of the appraisal. Alexander Creek and the Region shall have a 
reasonable and sufficient opportunity to comment on the appraisal.
    ``(2) The Secretary shall forward a certified copy of the appraisal 
of their separate and respective estates each to Alexander Creek, and 
the Region.
    ``(h) Implementation.--(1) Alexander Creek may assign to any person 
or corporation 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, and subject to the 
written consent of the Region in its sole and absolute discretion, the 
amount of such assignment shall be added to or made a part of the CIRI 
Property Account, and may be used in the same manner as other funds in 
that account.
    ``(2) Except for such lands as Alexander Creek has received prior 
to enactment of this section, and such lands it is entitled to recover 
as a Group Corporation, upon completion by the Secretary of the 
Interior of the appraisal process pursuant to subsection (g), and 
notification to the Secretary from Alexander Creek that Alexander Creek 
accepts the results of the appraisal process, Alexander Creek shall be 
deemed to have accepted the terms of this section in lieu of any other 
land entitlement it could have received as a village pursuant to this 
Act, including, without limitation, any lands it would have received 
pursuant to section 12(b). 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 acquired by Alexander Creek with funds from the 
Alexander Creek account shall be deemed to be a conveyance pursuant to 
this Act.
    ``(i) Treatment of Amounts From the Alexander Creek 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.
    ``(k) Shareholder Participation.--Alexander Creek shall notify each 
member of the Native village recognized under this section that, upon 
the effective date of this provision, 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.
    ``(l) Statutory Construction.--Nothing in this section shall be 
construed to--
            ``(1) limit, alter, violate, breach, or otherwise affect 
        the rights of any party under a contract, settlement agreement, 
        or land exchange entered into prior to enactment of this 
        section between Alexander Creek and any party, or one or more 
        parties to any contract, settlement, agreement, or land 
        exchange predicated upon Alexander Creek's Native village 
        status under this Act; or
            ``(2) diminish, reduce, or modify the acreage entitlement 
        to which Alexander Creek became entitled to as a Group 
        Corporation.''.
                                 <all>