[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5077 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 5077

   To amend the Alaska Native Claims Settlement Act to provide that 
 Alexander Creek, Incorporated, is recognized as a Village Corporation 
                under that Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 14, 2022

 Mr. Sullivan introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To amend the Alaska Native Claims Settlement Act to provide that 
 Alexander Creek, Incorporated, is recognized as a Village Corporation 
                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 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 RECOGNITION.

    ``(a) Definitions.--In this section:
            ``(1) Alexander creek, incorporated.--The term `Alexander 
        Creek, Incorporated' means Alexander Creek, Incorporated, the 
        entity organized and recognized--
                    ``(A) on the day before the date of enactment of 
                this section, as a Group Corporation; and
                    ``(B) effective beginning on the date of enactment 
                of this section, as a Village Corporation.
            ``(2) Alexander creek village.--The term `Alexander Creek 
        village' means the community--
                    ``(A) located in T. 15 N., R. 7 W., Seward 
                Meridian, in the State; and
                    ``(B) recognized as a Native village under 
                subsection (b)(2).
            ``(3) Region.--The term `Region' means Cook Inlet Region, 
        Incorporated, the appropriate Regional Corporation for 
        Alexander Creek, Incorporated, under section 14(h).
    ``(b) Recognition of Alexander Creek.--Notwithstanding section 
1432(d) of the Alaska National Interest Lands Conservation Act (Public 
Law 96-487; 94 Stat. 2543) and the deadline described in section 
11(b)(3), subject to the requirements of this section--
            ``(1) Alexander Creek, Incorporated, is recognized as a 
        Village Corporation pursuant to this Act; and
            ``(2) Alexander Creek village shall be recognized as a 
        Native village, notwithstanding any other provision of this 
        Act.
    ``(c) Organization of Alexander Creek, Incorporated.--As soon as 
practicable after the date of enactment of this section, Alexander 
Creek, Incorporated, shall submit to the Secretary--
            ``(1) any amendments to the State corporate charter of 
        Alexander Creek, Incorporated, necessary to convert Alexander 
        Creek, Incorporated, from a Group Corporation to a Village 
        Corporation; and
            ``(2) if necessary, any amendments to the State corporate 
        charter or governing business documents of Alexander Creek, 
        Incorporated, that fulfill the terms of the agreement described 
        in subsection (d).
    ``(d) Agreement.--
            ``(1) Negotiations.--Not later than 30 days after the date 
        of enactment of this section, the Secretary shall offer to 
        enter into negotiations with Alexander Creek, Incorporated, for 
        the purposes of fairly and equitably settling--
                    ``(A) the aboriginal land claims of Alexander 
                Creek, Incorporated; and
                    ``(B) any other claims of Alexander Creek, 
                Incorporated, against the United States.
            ``(2) Condition.--As a condition of recognition as a 
        Village Corporation under this Act, Alexander Creek, 
        Incorporated, shall enter into an agreement with the Secretary 
        to achieve the purposes described in paragraph (1) by not later 
        than 13 months after the date of enactment of this section.
            ``(3) Parity.--To the maximum extent practicable, the 
        agreement under this subsection shall achieve parity, with 
        respect to approximate value, with similar agreements of other 
        Village Corporations.
            ``(4) Treatment for federal property purposes.--
                    ``(A) Coordination with gsa.--The Secretary shall 
                coordinate with the Administrator of General Services 
                with respect to any surplus property to be transferred 
                to Alexander Creek, Incorporated, pursuant to the 
                agreement under this subsection.
                    ``(B) Status as a state and state agency.--
                Notwithstanding paragraphs (2) and (3) of section 
                549(a) of title 40, United States Code, Alexander 
                Creek, Incorporated, shall be considered to be a 
                `State' and a `State agency' under that section for 
                purposes of the agreement under this subsection.
                    ``(C) Surplus property.--Notwithstanding any other 
                provision of law, Alexander Creek, Incorporated, shall 
                be eligible to receive real property declared to be 
                surplus under section 1303 of title 40, United States 
                Code, for purposes of the agreement under this 
                subsection.
    ``(e) Shareholder Participation.--
            ``(1) In general.--Alexander Creek, Incorporated, shall 
        notify each member of Alexander Creek village that--
                    ``(A) effective beginning on the date of enactment 
                of this section, the members shall cease to receive 
                benefits from the Region as at-large shareholders 
                pursuant to section 7(m); and
                    ``(B) all future resource payments from the Region 
                shall be retained by Alexander Creek, Incorporated, 
                pursuant to section 7(j).
            ``(2) Liability.--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 relating to the cessation of 
        payments to members of Alexander Creek village under paragraph 
        (1)(A).
    ``(f) Construction Relating to Land Entitlements.--
            ``(1) In general.--Except as provided in this section with 
        respect to Alexander Creek, Incorporated, nothing in this 
        section modifies or amends any land conveyance entitlements or 
        conveyance agreement between--
                    ``(A) the Region and Village Corporations other 
                than Alexander Creek, Incorporated;
                    ``(B) the Region and the Federal Government; and
                    ``(C) any party described in subparagraph (A) or 
                (B) and the State.
            ``(2) Current alexander creek, incorporated, land.--Nothing 
        in this section reduces the land entitlement of Alexander 
        Creek, Incorporated, as a Group Corporation before the date of 
        enactment of this section, including any land selected by and 
        conveyed to Alexander Creek, Incorporated, before that date of 
        enactment.''.
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