Text: S.1491 — 115th Congress (2017-2018)All Information (Except Text)

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Introduced in Senate (06/29/2017)


115th CONGRESS
1st Session
S. 1491


To amend the Alaska Native Claims Settlement Act with respect to the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, and for other purposes.


IN THE SENATE OF THE UNITED STATES

June 29, 2017

Ms. Murkowski (for herself and 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 with respect to the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, 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 “ANCSA Unrecognized Community Landless Natives Authorization Act of 2017”.

SEC. 2. Unrecognized Southeast Alaska Native communities recognition and compensation.

(a) Purpose.—The purpose of this section is to redress the omission of the southeastern Alaska communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell from eligibility by authorizing the Native people enrolled in the communities—

(1) to form Urban Corporations for the communities under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and

(2) to receive certain settlement land pursuant to that Act.

(b) Establishment of additional Native Corporations.—Section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615) is amended by adding at the end the following:

“(e) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska.—

“(1) IN GENERAL.—The Native residents of each of the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, may organize as Urban Corporations.

“(2) EFFECT ON ENTITLEMENT TO LAND.—Nothing in this subsection affects any entitlement to land of any Native Corporation established before the date of enactment of this subsection pursuant to this Act or any other provision of law.”.

(c) Shareholder eligibility.—Section 8 of the Alaska Native Claims Settlement Act (43 U.S.C. 1607) is amended by adding at the end the following:

“(d) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell.—

“(1) IN GENERAL.—The Secretary shall enroll to each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell those individual Natives who enrolled under this Act to the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell, respectively.

“(2) NUMBER OF SHARES.—Each Native who is enrolled to an Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell pursuant to paragraph (1) and who was enrolled as a shareholders of the Regional Corporation for Southeast Alaska on or before March 30, 1973, shall receive 100 shares of Settlement Common Stock in the respective Urban Corporation.

“(3) NATIVES RECEIVING SHARES THROUGH INHERITANCE.—If a Native received shares of stock in the Regional Corporation for Southeast Alaska through inheritance from a decedent Native who originally enrolled to the Native Village of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell and the decedent Native was not a shareholder in a Village or Urban Corporation, the Native shall receive the identical number of shares of Settlement Common Stock in the Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell as the number of shares inherited by that Native from the decedent Native who would have been eligible to be enrolled to the respective Urban Corporation.

“(4) EFFECT ON ENTITLEMENT TO LAND.—Nothing in this subsection affects entitlement to land of any Regional Corporation pursuant to section 12(b) or 14(h)(8).”.

(d) Distribution rights.—Section 7 of the Alaska Native Claims Settlement Act (43 U.S.C. 1606) is amended—

(1) in subsection (j)—

(A) by striking “(j) During” and inserting the following:

“(j) Distribution of corporate funds and other net income.—

“(1) IN GENERAL.—During”;

(B) by striking “Not less” and inserting the following:

“(2) MINIMUM ALLOCATION.—Not less”;

(C) by striking “In the case” and inserting the following:

“(3) THIRTEENTH REGIONAL CORPORATION.—In the case”; and

(D) by adding at the end the following:

“(4) NATIVE VILLAGES OF HAINES, KETCHIKAN, PETERSBURG, TENAKEE, AND WRANGELL.—Native members of the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell who become shareholders in an Urban Corporation for such a Native Village shall continue to be eligible to receive distributions under this subsection as at-large shareholders of the Regional Corporation for Southeast Alaska.”; and

(2) by adding at the end the following:

“(s) Effect of amendatory Act.—Section 2 of the ANCSA Unrecognized Community Landless Natives Authorization Act of 2017 and the amendments made by that section shall not affect—

“(1) the ratio for determination of revenue distribution among Native Corporations under this section; or

“(2) the settlement agreement among Regional Corporation or Village Corporations or other provisions of subsection (i) or (j).”.

(e) Compensation.—The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by adding at the end the following:

“SEC. 43. Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell.

“(a) Offer of compensation.—

“(1) IN GENERAL.—On incorporation of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, the Secretary, in consultation and coordination with the Secretary of Commerce, and in consultation with representatives of each such Urban Corporation and the Regional Corporation for Southeast Alaska, shall offer as compensation, pursuant to this Act, 1 township of land (23,040 acres) to each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, in accordance with this subsection.

“(2) LOCAL AREAS OF HISTORICAL, CULTURAL, TRADITIONAL, AND ECONOMIC IMPORTANCE.—

“(A) IN GENERAL.—The Secretary shall offer as compensation under this subsection local areas of historical, cultural, traditional, and economic importance to Alaska Natives from the Villages of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell.

“(B) SELECTION OF LAND.—In selecting the land to be withdrawn and conveyed pursuant to this section, the Secretary—

“(i) shall give preference to land with commercial purposes;

“(ii) may include subsistence and cultural sites, aquaculture sites, hydroelectric sites, tideland, surplus Federal property, and eco-tourism sites; and

“(iii) shall not include land within a conservation system unit (as defined in section 102 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3102)).

“(C) CONTIGUOUS, COMPACT SITES.—The land selected pursuant to this section shall be contiguous and reasonably compact tracts if practicable.

“(D) VALID EXISTING RIGHTS.—The land selected pursuant to this section shall be subject to all valid existing rights and all other provisions of section 14(g), including any lease, contract, permit, right-of-way, or easement (including a lease issued under section 6(g) of the Act of July 7, 1958 (commonly known as the ‘Alaska Statehood Act’) (48 U.S.C. note prec. 21; Public Law 85–508)).

“(b) Acceptance or rejection of offer.—

“(1) IN GENERAL.—Not later than 1 year after the date of the offer of compensation from the Secretary under subsection (a), each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell shall accept or reject the offer.

“(2) RESOLUTION.—To accept or reject the offer, each such Urban Corporation shall provide to the Secretary a properly executed and certified corporate resolution that states that the offer proposed by the Secretary was voted on, and either approved or rejected, by a majority of the shareholders of the Urban Corporation.

“(3) REJECTION OF OFFER.—If the offer is rejected—

“(A) the Secretary, in consultation with representatives of the Urban Corporation that rejected the offer and the Regional Corporation for Southeast Alaska, shall revise the offer; and

“(B) the Urban Corporation shall have an additional 180 days within which to accept or reject the revised offer.

“(c) Withdrawal and conveyance of land and title.—Not later than 180 days after receipt of a corporate resolution of an Urban Corporation approving an offer of the Secretary under subsection (b)(1), the Secretary shall (as appropriate)—

“(1) withdraw the land;

“(2) convey to the Urban Corporation title to the surface estate of the land; and

“(3) convey to the Regional Corporation for Southeast Alaska title the subsurface estate for the land.

“(d) Conveyance of roads, trails, log transfer facilities, leases, and appurtenances.—The Secretary shall, without consideration of compensation, convey to the Urban Corporations of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, by quitclaim deed or patent, all right, title, and interest of the United States in all roads, trails, log transfer facilities, leases, and appurtenances on or related to the land conveyed to the Corporations pursuant to subsection (c).

“(e) Settlement trust.—

“(1) IN GENERAL.—The Urban Corporations of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell may establish a settlement trust in accordance with section 39 for the purposes of promoting the health, education, and welfare of the trust beneficiaries, and preserving the Native heritage and culture, of the communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, respectively.

“(2) PROCEEDS AND INCOME.—The proceeds and income from the principal of a trust established under paragraph (1) shall—

“(A) first be applied to the support of those enrollees, and the descendants of the enrollees, who are elders or minor children; and

“(B) then to the support of all other enrollees.”.