Text: H.R.230 — 115th Congress (2017-2018)All Information (Except Text)

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Introduced in House (01/03/2017)


115th CONGRESS
1st Session
H. R. 230


To ensure equitable treatment of Shee Atiká, Incorporated, under the Alaska Native Claims Settlement Act by facilitating the transfer of land on Admiralty Island, Alaska, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

January 3, 2017

Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural Resources


A BILL

To ensure equitable treatment of Shee Atiká, Incorporated, under the Alaska Native Claims Settlement Act by facilitating the transfer of land on Admiralty Island, Alaska, 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. Short title.

This Act may be cited as the “Shee Atiká Land Entitlement Act” or the “SALE Act”.

SEC. 2. Shee Atiká, Incorporated.

(a) Definitions.—In this section:

(1) ACCOUNT.—The term “Account” means the Shee Atiká Account established under subsection (d).

(2) AGENCY.—The term “agency” means—

(A) any department, agency, or other instrumentality of the Federal Government; and

(B) any Government corporation (as defined in section 9101 of title 31, United States Code).

(3) AGREEMENT.—The term “Agreement” means the agreement between Shee Atiká and the United States (including any amendment or supplement to the agreement) under which the United States has an option to reacquire the Cube Cove Land.

(4) CUBE COVE LAND.—The term “Cube Cove Land” means the approximately 23,000 acres of surface estate land at Cube Cove, Admiralty Island, Alaska, as described in Appendix A to the Agreement.

(5) PROPERTY.—The term “property” has the meaning given the term in section 12(b)(7)(vii) of the Act of January 2, 1976 (43 U.S.C. 1611 note; Public Law 94–204).

(6) SECRETARY.—The term “Secretary” means the Secretary of Agriculture.

(7) SEGMENT.—The term “segment” means any 1 of the 13 tracts of surface estate land identified in Appendix C to the Agreement.

(8) SHEE ATIKÁ.—The term “Shee Atiká” means Shee Atiká, Incorporated.

(b) Authorization.—

(1) IN GENERAL.—All consideration, whether in cash or in kind, received by Shee Atiká under the Agreement shall be treated for purposes of all Federal laws as if the consideration was, within the meaning of section 21(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1620(c)), the receipt of land or any interest in land pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) or cash in order to equalize the values of properties exchanged pursuant to section 22(f) of the Alaska Native Claims Settlement Act (43 U.S.C. 1621(f)).

(2) EFFECT.—Nothing in the Agreement or this section imposes any duty on Shee Atiká not expressly set forth in the Agreement. In the event such Agreement is terminated prior to a complete acquisition by the United States of all of Shee Atiká’s Cube Cove Lands and interests in such lands, neither such Agreement nor this section shall—

(A) constitute a cloud of title, lien, or encumbrance of any sort on Shee Atiká’s remaining Cube Cove Lands or interests therein; or

(B) limit in any manner the use of any portion of Shee Atiká’s remaining Cube Cove Lands or interests therein.

(3) INDIAN LEGISLATION.—This section is a further implementation of the Alaska Native Claims Settlement Act and is Indian legislation enacted by Congress pursuant to plenary authority under the Constitution of the United States to regulate Indian Affairs.

(c) Option To receive credits.—

(1) IN GENERAL.—

(A) CREDITS.—On election by Shee Atiká made in writing not later than the day before the date on which a closing of any segment of the Cube Cove Land is scheduled to occur, the Secretary, in accordance with subsection (d), may pay all or part of the amounts due to Shee Atiká under the Agreement on the closing date in the form of credits that may be used by Shee Atiká to purchase property sold at public sale.

(B) CASH.—Amounts otherwise due to Shee Atiká for which Shee Atiká has not made the election described in subparagraph (A) shall be paid to Shee Atiká in cash.

(2) REQUIREMENT.—The Secretary shall make a payment in the form described in paragraph (1) without regard to whether Shee Atiká has made any other election under paragraph (1).

(3) CLOSING DATE.—Closing of any segment for which Shee Atiká has made an election under paragraph (1) shall occur not later than 30 days after the date on which the Secretary notifies Shee Atiká that the applicable credit is ready to be deposited into the Account.

(d) Establishment of account.—

(1) IN GENERAL.—Notwithstanding any other provision of law, not later than 90 days after Shee Atiká first makes an election under subsection (c)(1), the Secretary of the Treasury, in consultation with the Secretary, shall establish an account in the Treasury to be known as the “Shee Atiká Account”.

(2) CREDITS INTO ACCOUNT.—The Secretary of the Treasury, in consultation with the Secretary, shall—

(A) deposit into the Account amounts equal to any credit received under subsection (c); and

(B) establish procedures under which Shee Atiká may—

(i) receive deposits into the Account;

(ii) make deposits from the Account into escrow when an escrow is required for the sale of any property;

(iii) reinstate to the Account any unused escrow deposits under clause (ii) if the applicable sale is not completed; and

(iv) notwithstanding any other provision of law and on written notice to the Secretary of the Treasury and the Secretary, assign, without restriction, any or all of the amounts in the Account.

(3) AVAILABILITY OF AMOUNTS.—The balance of the Account shall—

(A) be immediately available to Shee Atiká for use in accordance with paragraph (4); and

(B) remain available until expended.

(4) USE OF FUNDS.—

(A) IN GENERAL.—Shee Atiká may use amounts in the Account to bid for, and purchase, any property at any public sale by an agency.

(B) REQUIREMENT.—In conducting a transaction under subparagraph (A), an agency shall accept any amount tendered from the Account in the same manner as if the amount were tendered in cash.

(5) EFFECT.—Notwithstanding any other provision of law, any property purchased under paragraph (4) shall be considered to be a conveyance made under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) on the date of enactment of that Act.