-CITE- 43 USC CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT -HEAD- CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT -MISC1- Sec. 1601. Congressional findings and declaration of policy. 1602. Definitions. 1603. Declaration of settlement. (a) Aboriginal title extinguishment through prior land and water area conveyances. (b) Aboriginal title and claim extinguishment where based on use and occupancy; submerged lands underneath inland and offshore water areas and hunting or fishing rights included. (c) Aboriginal claim extinguishment where based on right, title, use, or occupancy of land or water areas; domestic statute or treaty relating to use and occupancy; or foreign laws; pending claims. 1604. Enrollment. (a) Eligible Natives; finality of decision. (b) Residence; order of priority in enrollment of Natives not permanent residents; regional family or hardship enrollment. (c) Election of enrollment in thirteenth region, if established, of Native nonresidents; dependent household members as bound. 1605. Alaska Native Fund. (a) Establishment in Treasury; deposits into Fund of general fund, interest, and revenue sharing moneys. (b) Prohibition of expenditures for propaganda or political campaigns; misdemeanor; penalty. (c) Distribution of Fund moneys among organized Regional Corporations; basis as relative number of Native enrollees in each region; reserve for payment of attorney and other fees; retention of share in Fund until organization of corporation. 1606. Regional Corporations. (a) Division of Alaska into twelve geographic regions; common heritage and common interest of region; area of region commensurate with operations of Native association; boundary disputes, arbitration. (b) Region mergers; limitation. (c) Establishment of thirteenth region for nonresident Natives; majority vote; Regional Corporation for thirteenth region. (d) Incorporation; business for profit; eligibility for benefits; provisions in articles for carrying out chapter. (e) Original articles and bylaws: approval by Secretary prior to filing, submission for approval; amendments to articles: approval by Secretary; withholding approval in event of creation of inequities among Native individuals or groups. (f) Board of directors; management; stockholders; provisions in articles or bylaws for number, term, and method of election. (g) Issuance of stock. (h) Settlement Common Stock. (i) Certain natural resource revenues; distribution among twelve Regional Corporations; computation of amount; subsection inapplicable to thirteenth Regional Corporation; exclusion from revenues. (j) Corporate funds and other net income, distribution among: stockholders of Regional Corporations; Village Corporations and nonresident stockholders; and stockholders of thirteenth Regional Corporation. (k) Distributions among Village Corporations; computation of amount. (l) Distributions to Village Corporations; village plan: withholding funds until submission of plan for use of money; joint ventures and joint financing of projects; disagreements, arbitration of issues as provided in articles of Regional Corporation. (m) Distributions among Village Corporations in a region; computation of dividends for nonresidents of village; financing regional projects with equitably withheld dividends and Village Corporation funds. (n) Projects for Village Corporations. (o) Annual audit; place; availability of papers, things, or property to auditors to facilitate audits; verification of transactions; report to stockholders. (p) Federal-State conflict of laws. (q) Business management group; investment services contracts. (r) Benefits for shareholders or immediate families. 1607. Village Corporations. (a) Organization of Corporation prerequisite to receipt of patent to lands or benefits under chapter. (b) Regional Corporation: approval of initial articles; review and approval of amendments to articles and annual budgets; assistance in preparation of articles and other documents. (c) Applicability of section 1606. 1608. Revenue sharing. (a) Minerals within section. (b) Interim payments into Alaska Native Fund based on percentage of gross value of produced or removed minerals and of rentals and bonuses; time of payment. (c) Patents; royalties: reservation of percentage of gross value of produced or removed minerals and of rentals and bonuses from disposition of minerals. (d) Distribution of bonuses, rentals, and royalties from Federal disposition of minerals in public lands; payments into Alaska Native Fund based on percentage of gross value of produced minerals and of rentals and bonuses; Federal and State share calculation on remaining balance. (e) Federal enforcement; State underpayment: deductions from grants-in-aid or other Federal assistance equal to underpayment and deposit of such amount in Fund. (f) Oil and gas revenues; amount payable equal to Federal or State royalties in cash or kind. (g) Alaska Native Fund payments; cessation; reimbursement for advance payments. (h) Final payment; order of computation. (i) Outer Continental Shelf mineral revenues; provisions of section inapplicable. 1609. Limitation of actions. (a) Complaint, time for filing; jurisdiction; commencement by State official; certainty and finality of vested rights, titles, and interests. (b) Land selection; suspension and extension of rights. 1610. Withdrawal of public lands. (a) Description of withdrawn public lands; exceptions; National Wildlife Refuge lands exception; time of withdrawal. (b) List of Native villages subject to chapter; review; eligibility for benefits; expiration of withdrawals for villages; alternative eligibility; eligibility of unlisted villages. 1611. Native land selections. (a) Acreage limitation; proximity of selections and size of sections and units; waiver. (b) Allocation; reallocation considerations. (c) Computation. (d) Village Corporation for Native village at Dutch Harbor; lands and improvements and patent for Village Corporation. (e) Disputes over land selection rights and boundaries; arbitration. (f) Combining entitlements and reallocations. 1612. Surveys. (a) Areas for conveyance to Village Corporations; monumentation of exterior boundaries; meanderable water boundaries exempt from requirement; land occupied as primary place of residence or business, or for other purposes and other patentable lands as subject to survey. (b) Withdrawals, selections, and conveyances pursuant to chapter: current plats of surveys or protraction diagrams; conformity to Land Survey System. 1613. Conveyance of lands. (a) Native villages listed in section 1610 and qualified for land benefits; patents for surface estates; issuance; acreage. (b) Native villages listed in section 1615 and qualified for land benefits; patents for surface estates; issuance; acreage. (c) Patent requirements; order of conveyance; vesting date; advisory and appellate functions of Regional Corporations on sales, leases, or other transactions prior to final commitment. (d) Rule of approximation with respect to acreage limitations. (e) Surface and/or subsurface estates to Regional Corporations. (f) Patents to Village Corporations for surface estates and to Regional Corporations for subsurface estates; excepted lands; mineral rights, consent of Village Corporations. (g) Valid existing rights preserved; saving provisions in patents; patentee rights; administration; proportionate rights of patentee. (h) Authorization for land conveyances; surface and subsurface estates. 1614. Timber sale contracts; modification; timber from contingency area. 1615. Withdrawal and selection of public lands; funds in lieu of acreage. (a) Withdrawal of public lands; list of Native villages. (b) Native land selections; Village Corporations for listed Native villages; acreage; proximity of selections; conformity to Lands Survey System. (c) Tlingit-Haida settlement. (d) Withdrawal of lands for selection for village of Klukwan; benefits under this chapter; existing entitlements; forest reserves; quitclaims to Chilkat Indian Village; location, character, and value of lands to be withdrawn; withdrawal and selection periods; nonwithdrawal of lands selected or nominated for selection by other Native Corporation or located on Admiralty Island. 1616. Joint Federal-State Land Use Planning Commission for Alaska. (a), (b) Omitted. (c) Prohibition against selection of lands from withdrawn area in event of withdrawal of utility and transportation corridor across public lands. (d) Public Land Order Numbered 4582 revoked; withdrawal of unreserved public lands; classification and reclassification of lands; opening lands to appropriation; administration; contracting and other authority of Secretary not impaired by withdrawal. 1617. Revocation of Indian allotment authority in Alaska. (a) Revocation of authority. (b) Charging allotment against statutory grant. (c) Relocation of allotment. (d) Correction of conveyance documents. (e) Native allotment revisions on land selected by or conveyed to a Native Corporation. (f) Reinstatements and reconstructions. 1618. Revocation of reserved rights; excepted reserve; acquisition of title to surface and subsurface estates in reserve; election of Village Corporations; restoration of land to Elim Native Corporation. (a) Revocation of reserved rights; excepted reserve. (b) Acquisition of title to surface and subsurface estates in reserve; election of Village Corporations. (c) Restoration of land to Elim Native Corporation. 1619. Attorney and consultant fees. (a) Holding moneys in Fund for authorized payments. (b) Claims; submission. (c) Filing date for filing of claims; form; information. (d) Rules for receipt, determination, and settlement of claims. (e) Report to Congress; payment of claims; interest restriction. (f) Contract restriction; penalty. (g) Claims for costs in performance of certain services: submission, form, information, reasonableness, pro rata reductions; report to Congress; payment of claims; interest restriction. 1620. Taxation. (a) Fund revenues exemption; investment income taxable. (b) Shares of stock exemption. (c) Land or land interests exemption; basis for sale or other disposition, adjustment; basis for interest in mine, well, other natural deposit, or block of timber, adjustment. (d) Real property interests; exemption period for conveyance of interests not developed or leased or interests used solely for exploration, interests taxable; derivative revenues taxable; exchanges; simultaneous exchanges. (e) Public lands status of real property interests exempt from real estate taxes for purposes of Federal highway and education laws; Federal fire protection services for real property interests without cost. (f) Stocks of Regional and Village Corporations exempt from estate taxes; period of exemption. (g) Resource information or analysis; professional or technical services. (h) Date of incorporation as date of trade or business; ordinary and necessary expenses. (i) Personal Holding Company Act exemption. (j) Shareholder homesites. 1621. Miscellaneous provisions. (a) Contract restrictions; percentage fee; enforcement; liens, executions, or judgments. (b) Patents for homesteads, headquarters sites, trade and manufacturing sites, or small tract sites; use and occupancy protection. (c) Mining claims; possessory rights, protection. (d) Purchase restrictions for personnel inapplicable to chapter. (e) National Wildlife Refuge System; replacement lands. (f) Land exchanges. (g) National Wildlife Refuge System lands subject of patents; Federal reservation of first refusal rights; provision in patents for continuing application of laws and regulations governing Refuge. (h) Withdrawals of public lands; termination date. (i) Administration of withdrawn lands; contracting and other authority of Secretaries not impaired by withdrawal. (j) Interim conveyances and underselections. (k) National forest land patents; conditions. (l) Land selection limitation; proximity to home rule or first class city and Ketchikan. (m) Licenses held by Alaska Native regional corporations. 1622. Annual reports to Congress until 1984; submission in 1985 of report of status of Natives, summary of actions taken, and recommendations. 1623. Authorization of appropriations. 1624. Regulations; issuance; publication in Federal Register. 1625. Securities laws exemption. (a) Laws; termination date of exempt status. (b) Status of Native Corporations after termination date. (c) Annual report to shareholders; shareholders of record. (d) Wholly owned subsidiaries; Settlement Trusts; voluntary registration as Investment Company. 1626. Relation to other programs. (a) Continuing availability of otherwise available governmental programs. (b) Food stamp program. (c) Eligibility for need-based Federal programs. (d) Federal Indian programs. (e) Minority and economically disadvantaged status. (f) Omitted. (g) Civil Rights Act of 1964. 1627. Merger of Native corporations. (a) Applicability of State law. (b) Terms and conditions of merger; rights of dissenting shareholders; rights and liabilities of successor corporation. (c) Alteration or elimination of dividend rights. (d) Approval of merger or consolidation by shareholders. (e) Conveyance of right to withhold consent to mineral exploration, development, etc., as part of merger or consolidation. 1628. Assignments by Regional Corporations of rights to receive payments from Fund. (a) Recognition by Secretary; scope of recognition. (b) Nonrecognition by Secretary. (c) Claims against Secretary by stockholders of Regional or Village Corporation for recognition of assignment. 1629. Cape Krusenstern National Monument land exchange between United States and NANA Regional Corporation, Inc. (a) Definitions. (b) Conveyances of lands and interests in lands. (c) Exchange limited to designated lands. (d) Easement in and to transportation system lands. (e) Compliance with local laws. (f) Reconveyance of easement by NANA. (g) Construction materials taken from borrow sites within easement. (h) Agreement as governing use of lands. (i) use of construction materials from other sites. (j) Congressional consultation as prerequisite to amendment of Agreement. 1629a. Relinquishment by NANA Regional Corporation, Inc., of lands compact and contiguous to public lands in Cape Krusenstern National Monument. (a) Terms and conditions. (b) Conveyance of lands to United States. (c) Relinquishment of interests under filed selection applications. (d) Termination date. (e) Effect on NANA's selection rights or entitlement to lands. 1629b. Procedures for considering amendments and resolutions. (a) Coverage. (b) Basic procedure. (c) Shareholder petitions. (d) Voting standards. (e) Voting power. (f) Substantially all of the assets. 1629c. Duration of alienability restrictions. (a) General rule. (b) Opt-out procedure. (c) Recapitalization procedure. (d) Opt-in procedure. 1629d. Dissenters rights. (a) Coverage. (b) Relationship to State procedure. (c) Valuation of stock. (d) Form of payment. (e) Dividend adjustment. 1629e. Settlement Trust option. (a) Conveyance of corporate assets. (b) Authority and limitations of a Settlement Trust. (c) Savings. 1629f. Claims arising from contamination of transferred lands. 1629g. Open season for certain Alaska Native veterans for allotments. (a) In general. (b) Eligible person. (c) Study and report. (d) Definitions. (e) Regulations. 1629h. Kake Tribal Corporation land transfer. (a) In general. (b) Effect on selection totals. (c) Lands subject to exchange. (d) Withdrawal. (e) Maps. (f) Watershed management. (g) Effective date. (h) Timber manufacturing; export restriction. (i) Authorization of appropriations. -End- -CITE- 43 USC Sec. 1601 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT -HEAD- Sec. 1601. Congressional findings and declaration of policy -STATUTE- Congress finds and declares that - (a) there is an immediate need for a fair and just settlement of all claims by Natives and Native groups of Alaska, based on aboriginal land claims; (b) the settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives, without litigation, with maximum participation by Natives in decisions affecting their rights and property, without establishing any permanent racially defined institutions, rights, privileges, or obligations, without creating a reservation system or lengthy wardship or trusteeship, and without adding to the categories of property and institutions enjoying special tax privileges or to the legislation establishing special relationships between the United States Government and the State of Alaska; (c) no provision of this chapter shall replace or diminish any right, privilege, or obligation of Natives as citizens of the United States or of Alaska, or relieve, replace, or diminish any obligation of the United States or of the State or Alaska to protect and promote the rights or welfare of Natives as citizens of the United States or of Alaska; the Secretary is authorized and directed, together with other appropriate agencies of the United States Government, to make a study of all Federal programs primarily designed to benefit Native people and to report back to the Congress with his recommendations for the future management and operation of these programs within three years of December 18, 1971; (d) no provision of this chapter shall constitute a precedent for reopening, renegotiating, or legislating upon any past settlement involving land claims or other matters with any Native organizations, or any tribe, band, or identifiable group of American Indians; (e) no provision of this chapter shall effect a change or changes in the petroleum reserve policy reflected in sections 7421 through 7438 (!1) of title 10 except as specifically provided in this chapter; (f) no provision of this chapter shall be construed to constitute a jurisdictional act, to confer jurisdiction to sue, nor to grant implied consent to Natives to sue the United States or any of its officers with respect to the claims extinguished by the operation of this chapter; and (g) no provision of this chapter shall be construed to terminate or otherwise curtail the activities of the Economic Development Administration or other Federal agencies conducting loan or loan and grant programs in Alaska. For this purpose only, the terms "Indian reservation" and "trust or restricted Indian- owned land areas" in Public Law 89-136, the Public Works and Economic Development Act of 1965, as amended [42 U.S.C. 3121 et seq.], shall be interpreted to include lands granted to Natives under this chapter as long as such lands remain in the ownership of the Native villages or the Regional Corporations. -SOURCE- (Pub. L. 92-203, Sec. 2, Dec. 18, 1971, 85 Stat. 688.) -REFTEXT- REFERENCES IN TEXT Section 7434 of title 10, referred to in subsec. (e), was repealed by Pub. L. 104-66, title I, Sec. 1051(g), Dec. 21, 1995, 109 Stat. 716. The Public Works and Economic Development Act of 1965, referred to in subsec. (g), is Pub. L. 89-136, Aug. 26, 1965, 79 Stat. 552, as amended, which is classified generally to chapter 38 (Sec. 3121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3121 of Title 42 and Tables. -MISC1- SHORT TITLE OF 2004 AMENDMENT Pub. L. 108-452, Sec. 1(a), Dec. 10, 2004, 118 Stat. 3575, provided that: "This Act [amending sections 1611, 1613, 1617, 1621, 1629g, and 1635 of this title, enacting provisions set out as notes under sections 852, 1602, 1611, 1617, and 1635 of this title, and amending provisions set out as notes under section 852 of this title and preceding section 21 of Title 48, Territories and Insular Possessions] may be cited as the 'Alaska Land Transfer Acceleration Act'." SHORT TITLE OF 2000 AMENDMENT Pub. L. 106-283, Sec. 1, Oct. 6, 2000, 114 Stat. 867, provided that: "This Act [enacting section 1629h of this title and provisions set out as a note under section 1629h of this title] may be cited as the 'Kake Tribal Corporation Land Transfer Act'." SHORT TITLE OF 1998 AMENDMENT Pub. L. 105-333, Sec. 14, Oct. 31, 1998, 112 Stat. 3136, provided that: "This Act [amending sections 1606, 1611, 1621, 1626, 1629e, 1634, and 1636 of this title and section 3197 of Title 16, Conservation, and enacting provisions set out as a note under section 3198 of Title 16] may be cited as the 'ANCSA Land Bank Protection Act of 1998'." SHORT TITLE OF 1992 AMENDMENT Pub. L. 102-415, Sec. 1, Oct. 14, 1992, 106 Stat. 2112, provided that: "This Act [amending sections 1606, 1617, 1620, 1621, 1626, and 1634 of this title and section 3198 of Title 16, Conservation, and enacting provisions set out as notes under section 852 of this title and section 539 of Title 16] may be cited as the 'Alaska Land Status Technical Corrections Act of 1992'." SHORT TITLE OF 1988 AMENDMENT Pub. L. 100-241, Sec. 1(a), Feb. 3, 1988, 101 Stat. 1788, provided that: "This Act [enacting sections 1629b to 1629e of this title, amending sections 1602, 1606, 1607, 1620, 1625 to 1627, and 1636 of this title, section 78m of Title 15, Commerce and Trade, and section 1702 of Title 30, Mineral Lands and Mining, and enacting provisions set out as notes under this section and under section 1702 of Title 30] may be cited as the 'Alaska Native Claims Settlement Act Amendments of 1987'." SHORT TITLE Section 1 of Pub. L. 92-203 provided: "That this Act [enacting this chapter] may be cited as the 'Alaska Native Claims Settlement Act'." SAVINGS PROVISION Provisions of Federal Land Policy and Management Act of 1976, Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, not to be construed as modifying, etc., any provision of this chapter, see section 701 of Pub. L. 94-579, set out as a note under section 1701 of this title. Section 26 of Pub. L. 92-203 provided that: "To the extent that there is a conflict between any provision of this Act [enacting this chapter] and any other Federal laws applicable to Alaska, the provisions of this Act shall govern." SEVERABILITY Section 27 of Pub. L. 92-203, as amended by Pub. L. 100-241, Sec. 13, Feb. 3, 1988, 101 Stat. 1810, provided that: "The provisions of this Act, as amended [enacting this chapter], and the Alaska Native Claims Settlement Act Amendments of 1987 [Pub. L. 100-241, see Short Title of 1988 Amendment note above] are severable. If any provision of either Act is determined by a court of competent jurisdiction to be invalid, such invalidity shall not affect the validity of any other provision of either Act." CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY Pub. L. 100-241, Sec. 2, Feb. 3, 1988, 101 Stat. 1788, provided that: "The Congress finds and declares that - "(1) the Alaska Native Claims Settlement Act [this chapter] was enacted in 1971 to achieve a fair and just settlement of all aboriginal land and hunting and fishing claims by Natives and Native groups of Alaska with maximum participation by Natives in decisions affecting their rights and property; "(2) the settlement enabled Natives to participate in the subsequent expansion of Alaska's economy, encouraged efforts to address serious health and welfare problems in Native villages, and sparked a resurgence of interest in the cultural heritage of the Native peoples of Alaska; "(3) despite these achievements and Congress's desire that the settlement be accomplished rapidly without litigation and in conformity with the real economic and social needs of Natives, the complexity of the land conveyance process and frequent and costly litigation have delayed implementation of the settlement and diminished its value; "(4) Natives have differing opinions as to whether the Native Corporation, as originally structured by the Alaska Native Claims Settlement Act, is well adapted to the reality of life in Native villages and to the continuation of traditional Native cultural values; "(5) to ensure the continued success of the settlement and to guarantee Natives continued participation in decisions affecting their rights and property, the Alaska Native Claims Settlement Act must be amended to enable the shareholders of each Native Corporation to structure the further implementation of the settlement in light of their particular circumstances and needs; "(6) among other things, the shareholders of each Native Corporation must be permitted to decide - "(A) when restrictions on alienation of stock issued as part of the settlement should be terminated, and "(B) whether Natives born after December 18, 1971, should participate in the settlement; "(7) by granting the shareholders of each Native Corporation options to structure the further implementation of the settlement, Congress is not expressing an opinion on the manner in which such shareholders choose to balance individual rights and communal rights; "(8) no provision of this Act [see Short Title of 1988 Amendment note above] shall - "(A) unless specifically provided, constitute a repeal or modification, implied or otherwise, of any provision of the Alaska Native Claims Settlement Act; or "(B) confer on, or deny to, any Native organization any degree of sovereign governmental authority over lands (including management, or regulation of the taking, of fish and wildlife) or persons in Alaska; and "(9) the Alaska Native Claims Settlement Act and this Act are Indian legislation enacted by Congress pursuant to its plenary authority under the Constitution of the United States to regulate Indian affairs." JUDICIAL REVIEW Pub. L. 100-241, Sec. 16, Feb. 3, 1988, 101 Stat. 1813, provided that: "(a) Statute of Limitations. - (1) Notwithstanding any other provision of law, a civil action that challenges the constitutionality of an amendment made by, or other provision of this Act (the Alaska Native Claims Settlement Act Amendments of 1987) [see Short Title of 1988 Amendment note above] shall be barred unless filed within the periods specified in this subsection. "(2) If a civil action described in paragraph (1) challenges - "(A) the issuance or distribution of Settlement Common Stock for less than fair market value consideration pursuant to section 7(g)(1)(B) or 7(g)(2)(C)(ii) of the Alaska Native Claims Settlement Act [43 U.S.C. 1606(g)(1)(B), (2)(C)(ii)]; or "(B) an extension of alienability restrictions that involves the issuance of stock pursuant to subsections [sic] (c) or (d) of section 37 of such Act [43 U.S.C. 1629c(c), (d)]; or "(C) the denial of dissenters rights after the rejection of an amendment to terminate alienability restrictions pursuant to section 37(b) of such Act; such civil action shall be barred unless it is filed within one year after the date of the shareholder vote authorizing such issuance or distribution, extension of restrictions, or denial of right, and unless a request for a declaratory judgment or injunctive relief is made before stock is issued or distributed. "(3) Any other civil action described in paragraph (1) shall be barred unless it is filed within two years of the date of the enactment of this Act [Feb. 3, 1988]. "(4) No Native Corporation taking an action described in paragraph (2)(A), (2)(B), or (2)(C) shall issue or distribute stock sooner than fourteen days after the date of the shareholder vote authorizing such action. "(b) Jurisdiction and Procedure. - (1) The United States District Court for the District of Alaska shall have exclusive original jurisdiction over a civil action described in subsection (a)(1). The action shall be heard and determined by a court of three judges as provided in section 2284 of title 28 of the United States Code. An appeal of the final judgment of such court shall be made directly to the United States Supreme Court. "(2) No money judgment shall be entered against the United States in a civil action subject to this section. "(c) Statement of Purpose. - The purpose of the limitation on civil actions established by this section is - "(1) to ensure that after the expiration of a reasonable period of time, Native Shareholders, Native Corporations, the United States, and the State of Alaska and its political subdivisions will be able to plan their affairs with certainty in full reliance on the provisions of this Act, and "(2) to eliminate the possibility that the United States will incur a monetary liability as a result of the enactment of this Act." DISCLAIMER Pub. L. 100-241, Sec. 17, Feb. 3, 1988, 101 Stat. 1814, provided that: "(a) No provision of this Act (the Alaska Native Claims Settlement Act Amendments of 1987) [see Short Title of 1988 Amendment note above], exercise of authority pursuant to this Act, or change made by, or pursuant to, this Act in the status of land shall be construed to validate or invalidate or in any way affect - "(1) any assertion that a Native organization (including a federally recognized tribe, traditional Native council, or Native council organized pursuant to the Act of June 18, 1934 (48 Stat. 987), as amended [25 U.S.C. 461 et seq.]) has or does not have governmental authority over lands (including management of, or regulation of the taking of, fish and wildlife) or persons within the boundaries of the State of Alaska, or "(2) any assertion that Indian country (as defined by 18 U.S.C. 1151 or any other authority) exists or does not exist within the boundaries of the State of Alaska. "(b) Nothing in the Alaska Native Claims Settlement Act Amendments of 1987 (or any amendment made thereby) shall be construed - "(1) to diminish or enlarge the ability of the Federal Government to assess, collect, or otherwise enforce any Federal tax, or "(2) to affect, for Federal tax purposes, the valuation of any stock issued by a Native Corporation." -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 43 USC Sec. 1602 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT -HEAD- Sec. 1602. Definitions -STATUTE- For the purposes of this chapter, the term - (a) "Secretary" means the Secretary of the Interior; (b) "Native" means a citizen of the United States who is a person of one-fourth degree or more Alaska Indian (including Tsimshian Indians not enrolled in the Metlaktla (!1) Indian Community) Eskimo, or Aleut blood, or combination thereof. The term includes any Native as so defined either or both of whose adoptive parents are not Natives. It also includes, in the absence of proof of a minimum blood quantum, any citizen of the United States who is regarded as an Alaska Native by the Native village or Native group of which he claims to be a member and whose father or mother is (or, if deceased, was) regarded as Native by any village or group. Any decision of the Secretary regarding eligibility for enrollment shall be final; (c) "Native village" means any tribe, band, clan, group, village, community, or association in Alaska listed in sections 1610 and 1615 of this title, or which meets the requirements of this chapter, and which the Secretary determines was, on the 1970 census enumeration date (as shown by the census or other evidence satisfactory to the Secretary, who shall make findings of fact in each instance), composed of twenty-five or more Natives; (d) "Native group" means any tribe, band, clan, village, community, or village association of Natives in Alaska composed of less than twenty-five Natives, who comprise a majority of the residents of the locality; (e) "Public lands" means all Federal lands and interests therein located in Alaska except: (1) the smallest practicable tract, as determined by the Secretary, enclosing land actually used in connection with the administration of any Federal installation, and (2) land selections of the State of Alaska which have been patented or tentatively approved under section 6(g) of the Alaska Statehood Act, as amended (72 Stat. 341, 77 Stat. 223), or identified for selection by the State prior to January 17, 1969; (f) "State" means the State of Alaska; (g) "Regional Corporation" means an Alaska Native Regional Corporation established under the laws of the State of Alaska in accordance with the provisions of this chapter; (h) "Person" means any individual, group, firm, corporation, association, or partnership; (i) "Municipal Corporation" means any general unit of municipal government under the laws of the State of Alaska; (j) "Village Corporation" means an Alaska Native Village Corporation organized under the laws of the State of Alaska as a business for profit or nonprofit corporation to hold, invest, manage and/or distribute lands, property, funds, and other rights and assets for and on behalf of a Native village in accordance with the terms of this chapter.(!2) (k) "Fund" means the Alaska Native Fund in the Treasury of the United States established by section 1605 of this title; (l) "Planning Commission" means the Joint Federal-State Land Use Planning Commission established by section 1616 of this title; (m) "Native Corporation" means any Regional Corporation, any Village Corporation, any Urban Corporation, and any Group Corporation; (n) "Group Corporation" means an Alaska Native Group Corporation organized under the laws of the State of Alaska as a business for profit or nonprofit corporation to hold, invest, manage and/or distribute lands, property, funds, and other rights and assets for and on behalf of members of a Native group in accordance with the terms of this chapter; (o) "Urban Corporation" means an Alaska Native Urban Corporation organized under the laws of the State of Alaska as a business for profit or nonprofit corporation to hold, invest, manage and/or distribute lands, property, funds, and other rights and assets for and on behalf of members of an urban community of Natives in accordance with the terms of this chapter; (p) "Settlement Common Stock" means stock of a Native Corporation issued pursuant to section 1606(g)(1) of this title that carries with it the rights and restrictions listed in section 1606(h)(1) of this title; (q) "Replacement Common Stock" means stock of a Native Corporation issued in exchange for Settlement Common Stock pursuant to section 1606(h)(3) of this title; (r) "Descendant of a Native" means - (1) a lineal descendant of a Native or of an individual who would have been a Native if such individual were alive on December 18, 1971, or (2) an adoptee of a Native or of a descendant of a Native, whose adoption - (A) occurred prior to his or her majority, and (B) is recognized at law or in equity; (s) "Alienability restrictions" means the restrictions imposed on Settlement Common Stock by section 1606(h)(1)(B) of this title; (t) "Settlement Trust" means a trust - (1) established and registered by a Native Corporation under the laws of the State of Alaska pursuant to a resolution of its shareholders, and (2) operated for the benefit of shareholders, Natives, and descendants of Natives, in accordance with section 1629e of this title and the laws of the State of Alaska. -SOURCE- (Pub. L. 92-203, Sec. 3, Dec. 18, 1971, 85 Stat. 689; Pub. L. 96- 487, title XIV, Sec. 1401(d), Dec. 2, 1980, 94 Stat. 2492; Pub. L. 100-241, Sec. 3, Feb. 3, 1988, 101 Stat. 1789; Pub. L. 106-194, Sec. 3, May 2, 2000, 114 Stat. 243.) -REFTEXT- REFERENCES IN TEXT Section 6(g) of the Alaska Statehood Act, as amended, referred to in subsec. (e), is section 6(g) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, which is set out as a note preceding section 21 of Title 48, Territories and Insular Possessions. -MISC1- AMENDMENTS 2000 - Subsec. (t)(2). Pub. L. 106-194 substituted "benefit of shareholders, Natives, and descendants of Natives," for "sole benefit of the holders of the corporation's Settlement Common Stock". 1988 - Subsec. (h). Pub. L. 100-241, Sec. 3(1), inserted "group," after "individual,". Subsec. (k). Pub. L. 100-241, Sec. 3(2), struck out "and" at end. Subsec. (l). Pub. L. 100-241, Sec. 3(3), substituted semicolon for period. Subsec. (m). Pub. L. 100-241, Sec. 3(4), substituted "Group Corporation;" for "Native Group." Subsecs. (n) to (t). Pub. L. 100-241, Sec. 3(5), added subsecs. (n) to (t). 1980 - Subsec. (m). Pub. L. 96-487 added subsec. (m). -CROSS- DEFINITIONS Pub. L. 108-452, Sec. 2, Dec. 10, 2004, 118 Stat. 3576, provided that: "In this Act [see Short Title of 2004 Amendment note set out under section 1601 of this title]: "(1) Native allotment. - The term 'Native allotment' means an allotment claimed under the Act of May 17, 1906 (34 Stat. 197, chapter 2469) [former 43 U.S.C. 270-1 to 270-3]. "(2) Secretary. - The term 'Secretary' means the Secretary of the Interior. "(3) State. - The term 'State' means the State of Alaska." -FOOTNOTE- (!1) So in original. Probably should be "Metlakatla". (!2) So in original. The period probably should be a semicolon. -End- -CITE- 43 USC Sec. 1603 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT -HEAD- Sec. 1603. Declaration of settlement -STATUTE- (a) Aboriginal title extinguishment through prior land and water area conveyances All prior conveyances of public land and water areas in Alaska, or any interest therein, pursuant to Federal law, and all tentative approvals pursuant to section 6(g) of the Alaska Statehood Act, shall be regarded as an extinguishment of the aboriginal title thereto, if any. (b) Aboriginal title and claim extinguishment where based on use and occupancy; submerged lands underneath inland and offshore water areas and hunting or fishing rights included All aboriginal titles, if any, and claims of aboriginal title in Alaska based on use and occupancy, including submerged land underneath all water areas, both inland and offshore, and including any aboriginal hunting or fishing rights that may exist, are hereby extinguished. (c) Aboriginal claim extinguishment where based on right, title, use, or occupancy of land or water areas; domestic statute or treaty relating to use and occupancy; or foreign laws; pending claims All claims against the United States, the State, and all other persons that are based on claims of aboriginal right, title, use, or occupancy of land or water areas in Alaska, or that are based on any statute or treaty of the United States relating to Native use and occupancy, or that are based on the laws of any other nation, including any such claims that are pending before any Federal or state court or the Indian Claims Commission, are hereby extinguished. -SOURCE- (Pub. L. 92-203, Sec. 4, Dec. 18, 1971, 85 Stat. 689.) -REFTEXT- REFERENCES IN TEXT Section 6(g) of the Alaska Statehood Act, referred to in subsec. (a), is section 6(g) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, which is set out as a note preceding section 21 of Title 48, Territories and Insular Possessions. -End- -CITE- 43 USC Sec. 1604 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT -HEAD- Sec. 1604. Enrollment -STATUTE- (a) Eligible Natives; finality of decision The Secretary shall prepare within two years from December 18, 1971, a roll of all Natives who were born on or before, and who are living on, December 18, 1971. Any decision of the Secretary regarding eligibility for enrollment shall be final. (b) Residence; order of priority in enrollment of Natives not permanent residents; regional family or hardship enrollment The roll prepared by the Secretary shall show for each Native, among other things, the region and the village or other place in which he resided on the date of the 1970 census enumeration, and he shall be enrolled according to such residence. Except as provided in subsection (c) of this section, a Native eligible for enrollment who is not, when the roll is prepared, a permanent resident of one of the twelve regions established pursuant to section 1606(a) of this title shall be enrolled by the Secretary in one of the twelve regions, giving priority in the following order to - (1) the region where the Native resided on the 1970 census date if he had resided there without substantial interruption for two or more years; (2) the region where the Native previously resided for an aggregate of ten years or more; (3) the region where the Native was born; and (4) the region from which an ancestor of the Native came: (!1) The Secretary may enroll a Native in a different region when necessary to avoid enrolling members of the same family in different regions or otherwise avoid hardship. (c) Election of enrollment in thirteenth region, if established, of Native nonresidents; dependent household members as bound A Native eligible for enrollment who is eighteen years of age or older and is not a permanent resident of one of the twelve regions may, on the date he files an application for enrollment, elect to be enrolled in a thirteenth region for Natives who are non- residents of Alaska, if such region is established pursuant to section 1606(c) of this title. If such region is not established, he shall be enrolled as provided in subsection (b) of this section. His election shall apply to all dependent members of his household who are less than eighteen years of age, but shall not affect the enrollment of anyone else. -SOURCE- (Pub. L. 92-203, Sec. 5, Dec. 18, 1971, 85 Stat. 690.) -MISC1- LATE ENROLLMENT OF OTHERWISE QUALIFIED NATIVES Pub. L. 94-204, Sec. 1, Jan. 2, 1976, 89 Stat. 1145, provided: "That (a) the Secretary of the Interior (hereinafter in this Act [enacting sections 1625 to 1627 of this title, amending sections 1615, 1616, 1620, and 1621 of this title, and enacting provisions set out as notes under sections 1604, 1605, 1611, 1613, 1618, and 1625 of this title] referred to as the 'Secretary') is directed to review those applications submitted within one year from the date of enactment of this Act [Jan. 2, 1976] by applicants who failed to meet the March 30, 1973, deadline for enrollment established by the Secretary pursuant to the Alaska Native Claims Settlement Act (hereinafter in this Act referred to as the 'Settlement Act') [this chapter], and to enroll those Natives under the provisions of that Act who would have been qualified if the March 30, 1973, deadline had been met: Provided, That Natives enrolled under this Act shall be issued stock under the Settlement Act together with a pro rata share of all future distributions under the Settlement Act which shall commence beginning with the next regularly scheduled distribution after the enactment of this Act: Provided further, That land entitlement of any Native village, Native group, Village Corporation, or Regional Corporation, all as defined in such Act, shall not be affected by any enrollment pursuant to this Act, and that no tribe, band, clan, group, village, community, or association not otherwise eligible for land or other benefits as a 'Native village', as defined in such Act, shall become eligible for land or other benefits as a Native village because of any enrollment pursuant to this Act: Provided further, That no tribe, band, clan, village, community, or village association not otherwise eligible for land or other benefits as a 'Native group', as defined in such Act, shall become eligible for land or other benefits as a Native group because of any enrollment pursuant to this Act: And provided further, That any 'Native group', as defined in such Act, shall not lose its status as a Native group because of any enrollment pursuant to this Act. "(b) The Secretary is authorized to poll individual Natives properly enrolled to Native villages or Native groups which are not recognized as Village Corporations under section 11 of the Settlement Act [section 1610 of this title] and which are included within the boundaries of former reserves the Village Corporation or Corporations of which elected to acquire title to the surface and subsurface estate of said reserves pursuant to subsection 19(b) of the Settlement Act [section 1618(b) of this title]. The Secretary may allow these individuals the option to enroll to a Village Corporation which elected the surface and subsurface title under section 19(b) or remain enrolled to the Regional Corporation in which the village or group is located on an at-large basis: Provided, That nothing in this subsection shall affect existing entitlement to land of any Regional Corporation pursuant to section 12(b) or 14(h)(8) of the Settlement Act [section 1611(b) or 1613(h)(8) of this title]. "(c) In those instances where, on the roll prepared under section 5 of the Settlement Act [this section], there were enrolled as residents of a place on April 1, 1970, a sufficient number of Natives required for a Native village or Native group, as the case may be, and it is subsequently and finally determined that such place is not eligible for land benefits under the Act on grounds which include a lack of sufficient number of residents, the Secretary shall; in accordance with the criteria for residence applied in the final determination of eligibility, redetermine the place of residence on April 1, 1970, of each Native enrolled to such place, and the place of residence as so redetermined shall be such Native's place of residence on April 1, 1970, for all purposes under the Settlement Act: Provided, That each Native whose place of residence on April 1, 1970, is changed by reason of this subsection shall be issued stock in the Native corporation or corporations in which such redetermination entitles him to membership and all stock issued to such Native by any Native Corporation in which he is no longer eligible for membership shall be deemed canceled: Provided further, That no redistribution of funds made by any Native Corporation on the basis of prior places of residence shall be affected: Provided further, That land entitlements of any Native village, Native group, Village Corporation, Regional Corporation, or corporations organized by Natives residing in Sitka, Kenai, Juneau, or Kodiak, all as defined in said Act, shall not be affected by any determination of residence made pursuant to this subsection, and no tribe, band, clan, group, village community, or association not otherwise eligible for land or other benefits as a 'Native group' as defined in said Act, shall become eligible for land or other benefits as a Native group because of any redetermination of residence pursuant to this subsection: Provided further, That any distribution of funds from the Alaska Native Fund pursuant to subsection (c) of section 6 of the Settlement Act [section 1605(c) of this title] made by the Secretary or his delegate prior to any redetermination of residency shall not be affected by the provisions of this subsection. Each Native whose place of residence is subject to redetermination as provided in this subsection shall be given notice and an opportunity for hearing in connection with such redetermination as shall any Native Corporation which it appears may gain or lose stockholders by reason of such redetermination of residence." ESTABLISHMENT BY COURT ORDER OF 13TH REGIONAL CORPORATION FOR BENEFIT OF NONPERMANENT RESIDENTS; LAND SELECTION ENTITLEMENTS; PREVIOUSLY ISSUED STOCK; ELECTION FOR ENROLLMENT; LAND ENTITLEMENTS OF CORPORATIONS OR NATIVE VILLAGE OR GROUP ELIGIBILITY Pub. L. 94-204, Sec. 8, Jan. 2, 1976, 89 Stat. 1149, provided that: "(a) Notwithstanding the October 6, 1975, order of the United States District Court for the District of Columbia in the case of Alaska Native Association of Oregon et al. against Rogers C. B. Morton et al., Civil Action Numbered 2133-73, and Alaska Federation of Natives International, Inc., et al. against Rogers C. B. Morton, et al., Civil Action Numbered 2141-73 ( - F. Supp. - ) [417 F. Supp. 459], changes in enrollments of any Alaska Regional or Village Corporation nor any Native village or group eligibility. "(b) Stock previously issued by any of the twelve Regional Corporations in Alaska or by Village Corporations to any Native who is enrolled in the thirteenth region pursuant to said order shall, upon said enrollment, be canceled by the issuing corporation without liability to it or the Native whose stock is so canceled: Provided, That, in the event that a Native enrolled in the thirteenth region pursuant to said order shall elect to re-enroll in the appropriate Regional Corporation in Alaska pursuant to the sixth ordering paragraph of that order, stock of such Native may be canceled by the Thirteenth Regional Corporation and stock may be issued to such Native by the appropriate Regional Corporation in Alaska without liability to either corporation or to the Native. "(c) Whenever additional enrollment under the Settlement Act [this chapter] is permitted pursuant to this Act [enacting sections 1625 to 1627 of this title, amending sections 1615, 1616, 1620, and 1621 of this title, and enacting provisions set out as notes under sections 1604, 1605, 1611, 1613, 1618, and 1625 of this title] or any other provision of law, any Native enrolling under such authority who is determined not to be a permanent resident of the State of Alaska under criteria established pursuant to the Settlement Act shall, at the time of enrollment, elect whether to be enrolled in the thirteenth region or in the region determined pursuant to the provisions of section 5(b) of such act [section 1604(b) of this title] and such election shall apply to all dependent members of such Native's household who are less than eighteen years of age on the date of such election. "(d) No change in the final roll of Natives established by the Secretary pursuant to section 5 of the Settlement Act [section 1604 of this title] resulting from any regulation promulgated by the Secretary of the Interior providing for the disenrollment of Natives shall affect land entitlements of any Regional or Village Corporation or any Native village or group eligibility." -FOOTNOTE- (!1) So in original. The colon probably should be a period. -End- -CITE- 43 USC Sec. 1605 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT -HEAD- Sec. 1605. Alaska Native Fund -STATUTE- (a) Establishment in Treasury; deposits into Fund of general fund, interest, and revenue sharing moneys There is hereby established in the United States Treasury an Alaska Native Fund into which the following moneys shall be deposited: (1) $462,500,000 from the general fund of the Treasury, which are authorized to be appropriated according to the following schedule: (A) $12,500,000 during the fiscal year in which this chapter becomes effective; (B) $50,000,000 during the second fiscal year; (C) $70,000,000 during each of the third, fourth, and fifth fiscal years; (D) $40,000,000 during the period beginning July 1, 1976, and ending September 30, 1976; and (E) $30,000,000 during each of the next five fiscal years, for transfer to the Alaska Native Fund in the fourth quarter of each fiscal year. (2) Four percent interest per annum, which is authorized to be appropriated, on any amount authorized to be appropriated by this paragraph that is not appropriated within six months after the fiscal year in which payable. (3) $500,000,000 pursuant to the revenue sharing provisions of section 1608 of this title. (b) Prohibition of expenditures for propaganda or political campaigns; misdemeanor; penalty None of the funds paid or distributed pursuant to this section to any of the Regional and Village Corporations established pursuant to this chapter shall be expended, donated, or otherwise used for the purpose of carrying on propaganda, or intervening in (including the publishing and distributing of statements) any political campaign on behalf of any candidate for public office. Any person who willfully violates the foregoing provision shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or imprisoned not more than twelve months, or both. (c) Distribution of Fund moneys among organized Regional Corporations; basis as relative number of Native enrollees in each region; reserve for payment of attorney and other fees; retention of share in Fund until organization of corporation After completion of the roll prepared pursuant to section 1604 of this title, all money in the Fund, except money reserved as provided in section 1619 of this title for the payment of attorney and other fees, shall be distributed at the end of each three months of the fiscal year among the Regional Corporations organized pursuant to section 1606 of this title on the basis of the relative numbers of Natives enrolled in each region. The share of a Regional Corporation that has not been organized shall be retained in the Fund until the Regional Corporation is organized. -SOURCE- (Pub. L. 92-203, Sec. 6, Dec. 18, 1971, 85 Stat. 690; Pub. L. 94- 273, Sec. 38, Apr. 21, 1976, 90 Stat. 380.) -MISC1- AMENDMENTS 1976 - Subsec. (a)(1)(D). Pub. L. 94-273 substituted "period beginning July 1, 1976, and ending September 30, 1976; and" for "the sixth fiscal year; and". Subsec. (a)(1)(E). Pub. L. 94-273 inserted provision relating to transfer to the Alaska Native Fund. DEPOSITS INTO AND DISTRIBUTIONS FROM ALASKA NATIVE FUND; TIME REQUIREMENTS; INCLUSION OF PREVIOUSLY EARNED INTEREST Pub. L. 96-487, title XIV, Sec. 1414, Dec. 2, 1980, 94 Stat. 2498, provided that: "(a) Moneys appropriated for deposit in the Alaska Native Fund for the fiscal year following the enactment of this Act [Dec. 2, 1980], shall, for the purposes of section 5 of Public Law 94-204 [set out below] only, be deposited into the Alaska Native Fund on the first day of the fiscal year for which the moneys are appropriated, and shall be distributed at the end of the first quarter of the fiscal year in accordance with section 6(c) of the Alaska Native Claims Settlement Act [subsec. (c) of this section] notwithstanding any other provision of law. "(b) For the fiscal year in which this Act is enacted [fiscal year 1981], the money appropriated shall be deposited within 10 days of enactment [Dec. 2, 1980], unless it has already been deposited in accordance with existing law, and shall be distributed no later than the end of the quarter following the quarter in which the money is deposited: Provided, That if the money is already deposited at the time of enactment of this Act, it must be distributed at the end of the quarter in which this Act is enacted. "(c) Notwithstanding section 38 of the Fiscal Year Adjustment Act [section 38 of Pub. L. 94-273, which amended this section] or any other provisions of law, interest earned from the investment of appropriations made pursuant to the Act of July 31, 1976 (Public Law 94-373; 90 Stat. 1051) [not classified to the Code], and deposited in the Alaska Native Fund on or after October 1, 1976, shall be deposited in the Alaska Native Fund within thirty days after enactment of this Act [Dec. 2, 1980] and shall be distributed as required by section 6(c) of the Alaska Native Claims Settlement Act [subsec. (c) of this section]." ALASKA NATIVE FUND VIEWED AS TRUST FOR INDIAN TRIBES FOR PURPOSES OF INTEREST AND INVESTMENT Pub. L. 94-204, Sec. 5, Jan. 2, 1976, 89 Stat. 1147, provided that: "For purposes of the first section of the Act of February 12, 1929 (45 Stat. 1164), as amended [section 161a of Title 25, Indians], and the first section of the Act of June 24, 1938 (52 Stat. 1037) [section 162a of Title 25], the Alaska Native Fund shall, pending distributions under section 6(c) of the Settlement Act [subsec. (c) of this section] be considered to consist of funds held in trust by the Government of the United States for the benefit of Indian tribes: Provided, That nothing in this section shall be construed to create or terminate any trust relationship between the United States and any corporation or individual entitled to receive benefits under the Settlement Act [this chapter]." -End- -CITE- 43 USC Sec. 1606 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT -HEAD- Sec. 1606. Regional Corporations -STATUTE- (a) Division of Alaska into twelve geographic regions; common heritage and common interest of region; area of region commensurate with operations of Native association; boundary disputes, arbitration For purposes of this chapter, the State of Alaska shall be divided by the Secretary within one year after December 18, 1971, into twelve geographic regions, with each region composed as far as practicable of Natives having a common heritage and sharing common interests. In the absence of good cause shown to the contrary, such regions shall approximate the areas covered by the operations of the following existing Native associations: (1) Arctic Slope Native Association (Barrow, Point Hope); (2) Bering Straits Association (Seward Peninsula, Unalakleet, Saint Lawrence Island); (3) Northwest Alaska Native Association (Kotzebue); (4) Association of Village Council Presidents (southwest coast, all villages in the Bethel area, including all villages on the Lower Yukon River and the Lower Kuskokwim River); (5) Tanana Chiefs' Conference (Koyukuk, Middle and Upper Yukon Rivers, Upper Kuskokwim, Tanana River); (6) Cook Inlet Association (Kenai, Tyonek, Eklutna, Iliamna); (7) Bristol Bay Native Association (Dillingham, Upper Alaska Peninsula); (8) Aleut League (Aleutian Islands, Pribilof Islands and that part of the Alaska Peninsula which is in the Aleut League); (9) Chugach Native Association (Cordova, Tatitlek, Port Graham, English Bay, Valdez, and Seward); (10) Tlingit-Haida Central Council (southeastern Alaska, including Metlakatla); (11) Kodiak Area Native Association (all villages on and around Kodiak Island); and (12) Copper River Native Association (Copper Center, Glennallen, Chitina, Mentasta). Any dispute over the boundaries of a region or regions shall be resolved by a board of arbitrators consisting of one person selected by each of the Native associations involved, and an additional one or two persons, whichever is needed to make an odd number of arbitrators, such additional person or persons to be selected by the arbitrators selected by the Native associations involved. (b) Region mergers; limitation The Secretary may, on request made within one year of December 18, 1971, by representative and responsible leaders of the Native associations listed in subsection (a) of this section, merge two or more of the twelve regions: Provided, That the twelve regions may not be reduced to less than seven, and there may be no fewer than seven Regional Corporations. (c) Establishment of thirteenth region for nonresident Natives; majority vote; Regional Corporation for thirteenth region If a majority of all eligible Natives eighteen years of age or older who are not permanent residents of Alaska elect, pursuant to section 1604(c) of this title, to be enrolled in a thirteenth region for Natives who are non-residents of Alaska, the Secretary shall establish such a region for the benefit of the Natives who elected to be enrolled therein, and they may establish a Regional Corporation pursuant to this chapter. (d) Incorporation; business for profit; eligibility for benefits; provisions in articles for carrying out chapter Five incorporators within each region, named by the Native association in the region, shall incorporate under the laws of Alaska a Regional Corporation to conduct business for profit, which shall be eligible for the benefits of this chapter so long as it is organized and functions in accordance with this chapter. The articles of incorporation shall include provisions necessary to carry out the terms of this chapter. (e) Original articles and bylaws: approval by Secretary prior to filing, submission for approval; amendments to articles: approval by Secretary; withholding approval in event of creation of inequities among Native individuals or groups The original articles of incorporation and bylaws shall be approved by the Secretary before they are filed, and they shall be submitted for approval within eighteen months after December 18, 1971. The articles of incorporation may not be amended during the Regional Corporation's first five years without the approval of the Secretary. The Secretary may withhold approval under this section if in his judgment inequities among Native individuals or groups of Native individuals would be created. (f) Board of directors; management; stockholders; provisions in articles or bylaws for number, term, and method of election The management of the Regional Corporation shall be vested in a board of directors, all of whom, with the exception of the initial board, shall be stockholders over the age of eighteen. The number, terms, and method of election of members of the board of directors shall be fixed in the articles of incorporation or bylaws of the Regional Corporation. (g) Issuance of stock (1) Settlement Common Stock (A) The Regional Corporation shall be authorized to issue such number of shares of Settlement Common Stock (divided into such classes as may be specified in the articles of incorporation to reflect the provisions of this chapter) as may be needed to issue one hundred shares of stock to each Native enrolled in the region pursuant to section 1604 of this title. (B)(i) A Regional Corporation may amend its articles of incorporation to authorize the issuance of additional shares of Settlement Common Stock to - (I) Natives born after December 18, 1971, and, at the further option of the Corporation, descendants of Natives born after December 18, 1971, (II) Natives who were eligible for enrollment pursuant to section 1604 of this title but were not so enrolled, or (III) Natives who have attained the age of 65, for no consideration or for such consideration and upon such terms and conditions as may be specified in such amendment or in a resolution approved by the board of directors pursuant to authority expressly vested in the board by the amendment. The amendment to the articles of incorporation may specify which class of Settlement Common Stock shall be issued to the various groups of Natives. (ii) Not more than one hundred shares of Settlement Common Stock shall be issued to any one individual pursuant to clause (i). (iii) The amendment authorized by clause (i) may provide that Settlement Common Stock issued to a Native pursuant to such amendment (or stock issued in exchange for such Settlement Common Stock pursuant to subsection (h)(3) of this section or section 1629c(d) of this title) shall be deemed canceled upon the death of such Native. No compensation for this cancellation shall be paid to the estate of the deceased Native or to any person holding the stock. (iv) Settlement Common Stock issued pursuant to clause (i) shall not carry rights to share in distributions made to shareholders pursuant to subsections (j) and (m) of this section unless, prior to the issuance of such stock, a majority of the class of existing holders of Settlement Common Stock carrying such rights separately approve the granting of such rights. The articles of incorporation of the Regional Corporation shall be deemed to be amended to authorize such class vote. (C)(i) A Regional Corporation may amend its articles of incorporation to authorize the issuance of additional shares of Settlement Common Stock as a dividend or other distribution (without regard to surplus of the corporation under the laws of the State) upon each outstanding share of Settlement Common Stock issued pursuant to subparagraphs (A) and (B). (ii) The amendment authorized by clause (i) may provide that shares of Settlement Common Stock issued as a dividend or other distribution shall constitute a separate class of stock with greater per share voting power than Settlement Common Stock issued pursuant to subparagraphs (A) and (B). (2) Other forms of stock (A) A Regional Corporation may amend its articles of incorporation to authorize the issuance of shares of stock other than Settlement Common Stock in accordance with the provisions of this paragraph. Such amendment may provide that - (i) preemptive rights of shareholders under the laws of the State shall not apply to the issuance of such shares, or (ii) issuance of such shares shall permanently preclude the corporation from - (I) conveying assets to a Settlement Trust, or (II) issuing shares of stock without adequate consideration as required under the laws of the State. (B) The amendment authorized by subparagraph (A) may provide that the stock to be issued shall be one or more of the following - (i) divided into classes and series within classes, with preferences, limitations, and relative rights, including, without limitation - (I) dividend rights, (II) voting rights, and (III) liquidation preferences; (ii) made subject to one or more of - (I) the restrictions on alienation described in clauses (i), (ii), and (iv) of subsection (h)(1)(B) of this section, and (II) the restriction described in paragraph (1)(B)(iii); and (iii) restricted in issuance to - (I) Natives who have attained the age of sixty-five; (II) other identifiable groups of Natives or identifiable groups of descendants of Natives defined in terms of general applicability and not in any way by reference to place of residence or family; (III) Settlement Trusts; or (IV) entities established for the sole benefit of Natives or descendants of Natives, in which the classes of beneficiaries are defined in terms of general applicability and not in any way by reference to place of residence, family, or position as an officer, director, or employee of a Native Corporation. (C) The amendment authorized by subparagraph (A) shall provide that the additional shares of stock shall be issued - (i) as a dividend or other distribution (without regard to surplus of the corporation under the laws of the State) upon all outstanding shares of stock of any class or series, or (ii) for such consideration as may be permitted by law (except that this requirement may be waived with respect to issuance of stock to the individuals or entities described in subparagraph (B)(iii)). (D) During any period in which alienability restrictions are in effect, no stock whose issuance is authorized by subparagraph (A) shall be - (i) issued to, or for the benefit of, a group of individuals composed only or principally of employees, officers, and directors of the corporation; or (ii) issued more than thirteen months after the date on which the vote of the shareholders on the amendment authorizing the issuance of such stock occurred if, as a result of the issuance, the outstanding shares of Settlement Common Stock will represent less than a majority of the total voting power of the corporation for the purpose of electing directors. (3) Disclosure requirements (A) An amendment to the articles of incorporation of a Regional Corporation authorized by paragraph (2) shall specify - (i) the maximum number of shares of any class or series of stock that may be issued, and (ii) the maximum number of votes that may be held by such shares. (B)(i) If the board of directors of a Regional Corporation intends to propose an amendment pursuant to paragraph (2) which would authorize the issuance of classes or series of stock that, singly or in combination, could cause the outstanding shares of Settlement Common Stock to represent less than a majority of the total voting power of the corporation for the purposes of electing directors, the shareholders of such corporation shall be expressly so informed. (ii) Such information shall be transmitted to the shareholders in a separate disclosure statement or in another informational document in writing or in recorded sound form both in English and any Native language used by a shareholder of such corporation. Such statement or informational document shall be transmitted to the shareholders at least sixty days prior to the date on which such proposal is to be submitted for a vote. (iii) If not later than thirty days after issuance of such disclosure statement or informational document the board of directors receives a prepared concise statement setting forth arguments in opposition to the proposed amendment together with a request for distribution thereof signed by the holders of at least 10 per centum of the outstanding shares of Settlement Common Stock, the board shall either distribute such statement to the shareholders or provide to the requesting shareholders a list of all shareholder's names and addresses so that the requesting shareholders may distribute such statement. (4) Savings (A)(i) No shares of stock issued pursuant to paragraphs (1)(C) and (2) shall carry rights to share in distributions made to shareholders pursuant to subsections (j) and (m) of this section. No shares of stock issued pursuant to paragraph (1)(B) shall carry such rights unless authorized pursuant to paragraph (1)(B)(iv). (ii) Notwithstanding the issuance of additional shares of stock pursuant to paragraphs (!1) (1)(B), (1)(C), or (2), a Regional Corporation shall apply the ratio last computed pursuant to subsection (m) of this section prior to February 3, 1988, for purposes of distributing funds pursuant to subsections (j) and (m) of this section. (B) The issuance of additional shares of stock pursuant to paragraphs (!1) (1)(B), (1)(C), or (2) shall not affect the division and distribution of revenues pursuant to subsection (i) of this section. (C) No provision of this chapter shall limit the right of a Regional Corporation to take an action authorized by the laws of the State unless such action is inconsistent with the provisions of this chapter. (h) Settlement Common Stock (1) Rights and restrictions (A) Except as otherwise expressly provided in this chapter, Settlement Common Stock of a Regional Corporation shall - (i) carry a right to vote in elections for the board of directors and on such other questions as properly may be presented to shareholders; (ii) permit the holder to receive dividends or other distributions from the corporation; and (iii) vest in the holder all rights of a shareholder in a business corporation organized under the laws of the State. (B) Except as otherwise provided in this subsection, Settlement Common Stock, inchoate rights thereto, and rights to dividends or distributions declared with respect thereto shall not be - (i) sold; (ii) pledged; (iii) subjected to a lien or judgment execution; (iv) assigned in present or future; (v) treated as an asset under - (I) title 11 or any successor statute, (II) any other insolvency or moratorium law, or (III) other laws generally affecting creditors' rights; or (vi) otherwise alienated. (C) Notwithstanding the restrictions set forth in subparagraph (B), Settlement Common Stock may be transferred to a Native or a descendant of a Native - (i) pursuant to a court decree of separation, divorce, or child support; (ii) by a holder who is a member of a professional organization, association, or board that limits his or her ability to practice his or her profession because he or she holds Settlement Common Stock; or (iii) as an inter vivos gift from a holder to his or her child, grandchild, great-grandchild, niece, nephew, or (if the holder has reached the age of majority as defined by the laws of the State of Alaska) brother or sister, notwithstanding an adoption, relinquishment, or termination of parental rights that may have altered or severed the legal relationship between the gift donor and recipient. (2) Inheritance of Settlement Common Stock (A) Upon the death of a holder of Settlement Common Stock, ownership of such stock (unless canceled in accordance with subsection (g)(1)(B)(iii) of this section) shall be transferred in accordance with the lawful will of such holder or pursuant to applicable laws of intestate succession. If the holder fails to dispose of his or her stock by will and has no heirs under applicable laws of intestate succession, the stock shall escheat to the issuing Regional Corporation and be canceled. (B) The issuing Regional Corporation shall have the right to purchase at fair value Settlement Common Stock transferred pursuant to applicable laws of intestate succession to a person not a Native or a descendant of a Native after February 3, 1988, if - (i) the corporation - (I) amends its articles of incorporation to authorize such purchases, and (II) gives the person receiving such stock written notice of its intent to purchase within ninety days after the date that the corporation either determines the decedent's heirs in accordance with the laws of the State or receives notice that such heirs have been determined, whichever later occurs; and (ii) the person receiving such stock fails to transfer the stock pursuant to paragraph (1)(C)(iii) within sixty days after receiving such written notice. (C) Settlement Common Stock of a Regional Corporation - (i) transferred by will or pursuant to applicable laws of intestate succession after February 3, 1988, or (ii) transferred by any means prior to February 3, 1988, to a person not a Native or a descendant of a Native shall not carry voting rights. If at a later date such stock is lawfully transferred to a Native or a descendant of a Native, voting rights shall be automatically restored. (3) Replacement Common Stock (A) On the date on which alienability restrictions terminate in accordance with the provisions of section 1629c of this title, all Settlement Common Stock previously issued by a Regional Corporation shall be deemed canceled, and shares of Replacement Common Stock of the appropriate class shall be issued to each shareholder, share for share, subject only to subparagraph (B) and to such restrictions consistent with this chapter as may be provided by the articles of incorporation of the corporation or in agreements between the corporation and individual shareholders. (B)(i) Replacement Common Stock issued in exchange for Settlement Common Stock issued subject to the restriction authorized by subsection (g)(1)(B)(iii) of this section shall bear a legend indicating that the stock will eventually be canceled in accordance with the requirements of that subsection. (ii) Prior to the termination of alienability restrictions, the board of directors of the corporation shall approve a resolution to provide that each share of Settlement Common Stock carrying the right to share in distributions made to shareholders pursuant to subsections (j) and (m) of this section shall be exchanged either for - (I) a share of Replacement Common Stock that carries such right, or (II) a share of Replacement Common Stock that does not carry such right together with a separate, non-voting security that represents only such right. (iii) Replacement Common Stock issued in exchange for a class of Settlement Common Stock carrying greater per share voting power than Settlement Common Stock issued pursuant to subsections (g)(1)(A) and (g)(1)(B) of this section shall carry such voting power and be subject to such other terms as may be provided in the amendment to the articles of incorporation authorizing the issuance of such class of Settlement Common Stock. (C) The articles of incorporation of the Regional Corporation shall be deemed amended to authorize the issuance of Replacement Common Stock and the security described in subparagraph (B)(ii)(II). (D) Prior to the date on which alienability restrictions terminate, a Regional Corporation may amend its articles of incorporation to impose upon Replacement Common Stock one or more of the following - (i) a restriction denying voting rights to any holder of Replacement Common Stock who is not a Native or a descendant of a Native; (ii) a restriction granting the Regional Corporation, or the Regional Corporation and members of the shareholder's immediate family who are Natives or descendants of Natives, the first right to purchase, on reasonable terms, the Replacement Common Stock of the shareholder prior to the sale or transfer of such stock (other than a transfer by will or intestate succession) to any other party, including a transfer in satisfaction of a lien, writ of attachment, judgment execution, pledge, or other encumbrance; and (iii) any other term, restriction, limitation, or provision authorized by the laws of the State. (E) Replacement Common Stock shall not be subjected to a lien or judgment execution based upon any asserted or unasserted legal obligation of the original recipient arising prior to the issuance of such stock. (4) Purchase of settlement common stock of Cook Inlet Region (A) As used in this paragraph, the term "Cook Inlet Regional Corporation" means Cook Inlet Region, Incorporated. (B) The Cook Inlet Regional Corporation may, by an amendment to its articles of incorporation made in accordance with the voting standards under section 1629b(d)(1) of this title, purchase Settlement Common Stock of the Cook Inlet Regional Corporation and all rights associated with the stock from the shareholders of Cook Inlet Regional Corporation in accordance with any provisions included in the amendment that relate to the terms, procedures, number of offers to purchase, and timing of offers to purchase. (C) Subject to subparagraph (D), and notwithstanding paragraph (1)(B), the shareholders of Cook Inlet Regional Corporation may, in accordance with an amendment made pursuant to subparagraph (B), sell the Settlement Common Stock of the Cook Inlet Regional Corporation to itself. (D) No sale or purchase may be made pursuant to this paragraph without the prior approval of the board of directors of Cook Inlet Regional Corporation. Except as provided in subparagraph (E), each sale and purchase made under this paragraph shall be made pursuant to an offer made on the same terms to all holders of Settlement Common Stock of the Cook Inlet Regional Corporation. (E) To recognize the different rights that accrue to any class or series of shares of Settlement Common Stock owned by stockholders who are not residents of a Native village (referred to in this paragraph as "non-village shares"), an amendment made pursuant to subparagraph (B) shall authorize the board of directors (at the option of the board) to offer to purchase - (i) the non-village shares, including the right to share in distributions made to shareholders pursuant to subsections (j) and (m) of this section (referred to in this paragraph as "nonresident distribution rights"), at a price that includes a premium, in addition to the amount that is offered for the purchase of other village shares of Settlement Common Stock of the Cook Inlet Regional Corporation, that reflects the value of the nonresident distribution rights; or (ii) non-village shares without the nonresident distribution rights associated with the shares. (F) Any shareholder who accepts an offer made by the board of directors pursuant to subparagraph (E)(ii) shall receive, with respect to each non-village share sold by the shareholder to the Cook Inlet Regional Corporation - (i) the consideration for a share of Settlement Common Stock offered to shareholders of village shares; and (ii) a security for only the nonresident rights that attach to such share that does not have attached voting rights (referred to in this paragraph as a "non-voting security"). (G) An amendment made pursuant to subparagraph (B) shall authorize the issuance of a non-voting security that - (i) shall, for purposes of subsections (j) and (m) of this section, be treated as a non-village share with respect to - (I) computing distributions under such subsections; and (II) entitling the holder of the share to the proportional share of the distributions made under such subsections; (ii) may be sold to Cook Inlet Region, Inc.; and (iii) shall otherwise be subject to the restrictions under paragraph (1)(B). (H) Any shares of Settlement Common Stock purchased pursuant to this paragraph shall be canceled on the conditions that - (i) non-village shares with the nonresident rights that attach to such shares that are purchased pursuant to this paragraph shall be considered to be - (I) outstanding shares; and (II) for the purposes of subsection (m) of this section, shares of stock registered on the books of the Cook Inlet Regional Corporation in the names of nonresidents of villages; (ii) any amount of funds that would be distributable with respect to non-village shares or non-voting securities pursuant to subsection (j) or (m) of this section shall be distributed by Cook Inlet Regional Corporation to itself; and (iii) village shares that are purchased pursuant to this paragraph shall be considered to be - (I) outstanding shares, and (II) for the purposes of subsection (k) of this section shares of stock registered on the books of the Cook Inlet Regional Corporation in the names of the residents of villages. (I) Any offer to purchase Settlement Common Stock made pursuant to this paragraph shall exclude from the offer - (i) any share of Settlement Common Stock held, at the time the offer is made, by an officer (including a member of the board of directors) of Cook Inlet Regional Corporation or a member of the immediate family of the officer; and (ii) any share of Settlement Common Stock held by any custodian, guardian, trustee, or attorney representing a shareholder of Cook Inlet Regional Corporation in fact or law, or any other similar person, entity, or representative. (J)(i) The board of directors of Cook Inlet Regional Corporation, in determining the terms of an offer to purchase made under this paragraph, including the amount of any premium paid with respect to a non-village share, may rely upon the good faith opinion of a recognized firm of investment bankers or valuation experts. (ii) Neither Cook Inlet Regional Corporation nor a member of the board of directors or officers of Cook Inlet Regional Corporation shall be liable for damages resulting from terms made in an offer made in connection with any purchase of Settlement Common Stock if the offer was made - (I) in good faith; (II) in reliance on a determination made pursuant to clause (i); and (III) otherwise in accordance with this paragraph. (K) The consideration given for the purchase of Settlement Common Stock made pursuant to an offer to purchase that provides for such consideration may be in the form of cash, securities, or a combination of cash and securities, as determined by the board of directors of Cook Inlet Regional Corporation, in a manner consistent with an amendment made pursuant to subparagraph (B). (L) Sale of Settlement Common Stock in accordance with this paragraph shall not diminish a shareholder's status as an Alaska Native or descendant of a Native for the purpose of qualifying for those programs, benefits and services or other rights or privileges set out for the benefit of Alaska Natives and Native Americans. Proceeds from the sale of Settlement Common Stock shall not be excluded in determining eligibility for any needs- based programs that may be provided by Federal, State or local agencies. (i) Certain natural resource revenues; distribution among twelve Regional Corporations; computation of amount; subsection inapplicable to thirteenth Regional Corporation; exclusion from revenues (1)(A) Except as provided by subparagraph (B), 70 percent of all revenues received by each Regional Corporation from the timber resources and subsurface estate patented to it pursuant to this chapter shall be divided annually by the Regional Corporation among all twelve Regional Corporations organized pursuant to this section according to the number of Natives enrolled in each region pursuant to section 1604 of this title. The provisions of this subsection shall not apply to the thirteenth Regional Corporation if organized pursuant to subsection (c) hereof. (B) In the case of the sale, disposition, or other use of common varieties of sand, gravel, stone, pumice, peat, clay, or cinder resources made during a fiscal year ending after October 31, 1998, the revenues received by a Regional Corporation shall not be subject to division under subparagraph (A). Nothing in this subparagraph is intended to or shall be construed to alter the ownership of such sand, gravel, stone, pumice, peat, clay, or cinder resources. (2) For purposes of this subsection, the term "revenues" does not include any benefit received or realized for the use of losses incurred or credits earned by a Regional Corporation. (j) Corporate funds and other net income, distribution among: stockholders of Regional Corporations; Village Corporations and nonresident stockholders; and stockholders of thirteenth Regional Corporation During the five years following December 18, 1971, not less than 10% of all corporate funds received by each of the twelve Regional Corporations under section 1605 of this title (Alaska Native Fund), and under subsection (i) of this section (revenues from the timber resources and subsurface estate patented to it pursuant to this chapter), and all other net income, shall be distributed among the stockholders of the twelve Regional Corporations. Not less than 45% of funds from such sources during the first five-year period, and 50% thereafter, shall be distributed among the Village Corporations in the region and the class of stockholders who are not residents of those villages, as provided in subsection (!2) to it. In the case of the thirteenth Regional Corporation, if organized, not less than 50% of all corporate funds received under section 1605 of this title shall be distributed to the stockholders. (k) Distributions among Village Corporations; computation of amount Funds distributed among the Village Corporations shall be divided among them according to the ratio that the number of shares of stock registered on the books of the Regional Corporation in the names of residents of each village bears to the number of shares of stock registered in the names of residents in all villages. (l) Distributions to Village Corporations; village plan: withholding funds until submission of plan for use of money; joint ventures and joint financing of projects; disagreements, arbitration of issues as provided in articles of Regional Corporation Funds distributed to a Village Corporation may be withheld until the village has submitted a plan for the use of the money that is satisfactory to the Regional Corporation. The Regional Corporation may require a village plan to provide for joint ventures with other villages, and for joint financing of projects undertaken by the Regional Corporation that will benefit the region generally. In the event of disagreement over the provisions of the plan, the issues in disagreement shall be submitted to arbitration, as shall be provided for in the articles of incorporation of the Regional Corporation. (m) Distributions among Village Corporations in a region; computation of dividends for nonresidents of village; financing regional projects with equitably withheld dividends and Village Corporation funds When funds are distributed among Village Corporations in a region, an amount computed as follows shall be distributed as dividends to the class of stockholders who are not residents of those villages: The amount distributed as dividends shall bear the same ratio to the amount distributed among the Village Corporations that the number of shares of stock registered on the books of the Regional Corporation in the names of nonresidents of villages bears to the number of shares of stock registered in the names of village residents: Provided, That an equitable portion of the amount distributed as dividends may be withheld and combined with Village Corporation funds to finance projects that will benefit the region generally. (n) Projects for Village Corporations The Regional Corporation may undertake on behalf of one or more of the Village Corporations in the region any project authorized and financed by them. (o) Annual audit; place; availability of papers, things, or property to auditors to facilitate audits; verification of transactions; report to stockholders The accounts of the Regional Corporation shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants, certified or licensed by a regulatory authority of the State or the United States. The audits shall be conducted at the place or places where the accounts of the Regional Corporation are normally kept. All books, accounts, financial records, reports, files, and other papers, things, or property belonging to or in use by the Regional Corporation and necessary to facilitate the audits shall be available to the person or persons conducting the audits; and full facilities for verifying transactions with the balances or securities held by depositories, fiscal agent, and custodians shall be afforded to such person or persons. Each audit report or a fair and reasonably detailed summary thereof shall be transmitted to each stockholder. (p) Federal-State conflict of laws In the event of any conflict between the provisions of this section and the laws of the State of Alaska, the provisions of this section shall prevail. (q) Business management group; investment services contracts Two or more Regional Corporations may contract with the same business management group for investment services and advice regarding the investment of corporate funds. (r) Benefits for shareholders or immediate families The authority of a Native Corporation to provide benefits to its shareholders who are Natives or descendants of Natives or to its shareholders' immediate family members who are Natives or descendants of Natives to promote the health, education, or welfare of such shareholders or family members is expressly authorized and confirmed. Eligibility for such benefits need not be based on share ownership in the Native Corporation and such benefits may be provided on a basis other than pro rata based on share ownership. -SOURCE- (Pub. L. 92-203, Sec. 7, Dec. 18, 1971, 85 Stat. 691; Pub. L. 96- 487, title XIV, Sec. 1401(a), (c), Dec. 2, 1980, 94 Stat. 2491, 2492; Pub. L. 100-241, Secs. 4, 5, 12(a), Feb. 3, 1988, 101 Stat. 1790, 1792, 1810; Pub. L. 102-415, Secs. 4, 8, Oct. 14, 1992, 106 Stat. 2113, 2114; Pub. L. 104-10, Sec. 1(a), May 18, 1995, 109 Stat. 155; Pub. L. 104-42, title I, Sec. 109(a), Nov. 2, 1995, 109 Stat. 357; Pub. L. 105-333, Secs. 8, 12, Oct. 31, 1998, 112 Stat. 3134, 3135; Pub. L. 106-194, Sec. 2, May 2, 2000, 114 Stat. 242.) -MISC1- AMENDMENTS 2000 - Subsec. (h)(1)(C)(iii). Pub. L. 106-194 inserted before period at end ", notwithstanding an adoption, relinquishment, or termination of parental rights that may have altered or severed the legal relationship between the gift donor and recipient". 1998 - Subsec. (i)(1). Pub. L. 105-333, Sec. 8(1), substituted "(A) Except as provided by subparagraph (B), 70 percent" for "Seventy per centum". Pub. L. 105-333, Sec. 8(2), which directed the addition of subpar. (B) at the end of subsec. (i), was executed by adding subpar. (B) at the end of par. (1) of subsec. (i) to reflect the probable intent of Congress. Subsec. (r). Pub. L. 105-333, Sec. 12, added subsec. (r). 1995 - Subsec. (h)(4). Pub. L. 104-10 added par. (4). Subsec. (i). Pub. L. 104-42 designated existing provisions as par. (1) and added par. (2). 1992 - Subsec. (g)(1)(B)(i)(I). Pub. L. 102-415, Sec. 8, inserted at end "and, at the further option of the Corporation, descendants of Natives born after December 18, 1971,". Subsec. (h)(1)(C)(iii). Pub. L. 102-415, Sec. 4, substituted "nephew, or (if the holder has reached the age of majority as defined by the laws of the State of Alaska) brother or sister" for "or nephew". 1988 - Subsec. (g). Pub. L. 100-241, Sec. 4, amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: "The Regional Corporation shall be authorized to issue such number of shares of common stock, divided into such classes of shares as may be specified in the articles of incorporation to reflect the provisions of this chapter, as may be needed to issue one hundred shares of stock to each Native enrolled in the region pursuant to section 1604 of this title." Subsec. (h)(1), (2). Pub. L. 100-241, Sec. 5, amended pars. (1) and (2) generally, changing structure of each from a single unlettered paragraph to one consisting of subpars. (A) to (C). Subsec. (h)(3). Pub. L. 100-241, Sec. 5, amended par. (3) generally, revising and restating as subpars. (A) to (E) provisions of former subpars. (A) to (C). Subsec. (o). Pub. L. 100-241, Sec. 12(a), struck out ", to the Secretary of the Interior and to the Committees on Interior and Insular Affairs of the Senate and the House of Representatives" after "to each stockholder" in last sentence. 1980 - Subsec. (h)(1). Pub. L. 96-487, Sec. 1401(c), inserted "or by stockholder who is a member of a professional organization, association, or board which limits the ability of that stockholder to practice his profession because of holding stock issued under this chapter" after "divorce or child support". Section 1401(c) of Pub. L. 96-487 directed that section 1696(h)(1) of this title be amended, however, since no section 1696 of this title has been enacted, amendment was executed to subsec. (h)(1) of this section to reflect the probable intent of Congress. Subsec. (h)(3). Pub. L. 96-487, Sec. 1401(a), substituted provisions that provided on Dec. 18, 1991, all stock previously issued be deemed canceled, and shares of stock of the appropriate class be issued to each shareholder share for share subject only to such restrictions as provided by the articles of incorporation, or agreement between the corporation and individual, specified restrictions which may be included by amendment in the articles of incorporation, and provided voting requirements for amendment of the articles of incorporation for approval of restrictions and the grant of voting rights to stockholders who were previously denied such rights for provision that provided on Jan. 1 of the twenty- first year after the year in which this chapter was enacted, all stock previously issued be deemed canceled and the shares of stock of the appropriate class issued without restrictions required by this chapter to each stockholder share for share. EFFECTIVE DATE OF 1995 AMENDMENT Section 109(b) of Pub. L. 104-42 provided that: "This amendment [amending this section] shall be effective as of the date of enactment of the Alaska Native Claims Settlement Act, Public Law 92- 203 (43 U.S.C. 1601, et seq.) [Dec. 18, 1971]." -FOOTNOTE- (!1) So in original. Probably should be "paragraph". (!2) So in original. -End- -CITE- 43 USC Sec. 1607 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT -HEAD- Sec. 1607. Village Corporations -STATUTE- (a) Organization of Corporation prerequisite to receipt of patent to lands or benefits under chapter The Native residents of each Native village entitled to receive lands and benefits under this chapter shall organize as a business for profit or nonprofit corporation under the laws of the State before the Native village may receive patent to lands or benefits under this chapter, except as otherwise provided. (b) Regional Corporation: approval of initial articles; review and approval of amendments to articles and annual budgets; assistance in preparation of articles and other documents The initial articles of incorporation for each Village Corporation shall be subject to the approval of the Regional Corporation for the region in which the village is located. Amendments to the articles of incorporation and the annual budgets of the Village Corporations shall, for a period of five years, be subject to review and approval by the Regional Corporation. The Regional Corporation shall assist and advise Native villages in the preparation of articles of incorporation and other documents necessary to meet the requirements of this subsection. (c) Applicability of section 1606 The provisions of subsections (g), (h) (other than paragraph (4)), and (o) of section 1606 of this title shall apply in all respects to Village Corporations, Urban Corporations, and Group Corporations. -SOURCE- (Pub. L. 92-203, Sec. 8, Dec. 18, 1971, 85 Stat. 694; Pub. L. 96- 487, title XIV, Sec. 1401(b), Dec. 2, 1980, 94 Stat. 2492; Pub. L. 100-241, Sec. 6, Feb. 3, 1988, 101 Stat. 1795; Pub. L. 104-10, Sec. 1(b), May 18, 1995, 109 Stat. 157.) -MISC1- AMENDMENTS 1995 - Subsec. (c). Pub. L. 104-10 substituted "(h) (other than paragraph (4))" for "(h)". 1988 - Subsec. (c). Pub. L. 100-241 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "The provisions concerning stock alienation, annual audit, and transfer of stock ownership on death or by court decree provided for regional corporations in section 1606 of this title, including the provisions of section 1606(h)(3) of this title shall apply to Village Corporations Urban Corporations and Native Groups; except that audits need not be transmitted to the Committee on Interior and Insular Affairs of the House of Representatives or to the Committee on Energy and Natural Resources of the Senate." 1980 - Subsec. (c). Pub. L. 96-487 inserted provision making provisions of section 1606 of this title, including section 1606(h)(3) of this title, applicable to Village Corporations, Urban Corporations, and Native Groups and substituted provision that audits need not be transmitted to the Committee on Interior and Insular Affairs of the House of Representatives or the Committee on Energy and Natural Resources of the Senate for provision that audits need not be transmitted to the Committees on Interior and Insular Affairs of the Senate and the House of Representatives. -End- -CITE- 43 USC Sec. 1608 01/02/2006 -EXPCITE- TITLE 43 - PUBLIC LANDS CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT -HEAD- Sec. 1608. Revenue sharing -STATUTE- (a) Minerals within section The provisions of this section shall apply to all minerals that are subject to disposition under the Mineral Leasing Act of 1920, as amended and supplemented [30 U.S.C. 181 et seq.]. (b) Interim payments into Alaska Native Fund based on percentage of gross value of produced or removed minerals and of rentals and bonuses; time of payment With respect to conditional leases and sales of minerals heretofore or hereafter made pursuant to section 6(g) of the Alaska Statehood Act, and with respect to mineral leases of the United States that are or may be subsumed by the State under section 6(h) of the Alaska Statehood Act, until such time as the provisions of subsection (c) of this section become operative the State shall pay into the Alaska Native Fund from the royalties, rentals, and bonuses hereafter received by the State (1) a royalty of 2 per centum upon the gross value (as such gross value is determined for royalty purposes under such leases or sales) of such minerals produced or removed from such lands, and (2) 2 per centum of all rentals and bonuses under such leases or sales, excluding bonuses received by the State at the September 1969 sale of minerals from tentatively approved lands and excluding rentals received pursuant to such sale before December 18, 1971. Such payment shall be made within sixty days from the date the revenues are received by the State. (c) Patents; royalties: reservation of percentage of gross value of produced or removed minerals and of rentals and bonuses from disposition of minerals Each patent hereafter issued to the State under the Alaska Statehood Act, including a patent of lands heretofore selected and tentatively approved, shall reserve for the benefit of the Natives, and for payment into the Alaska Native Fund, (1) a royalty of 2 per centum upon the gross value (as such gross value is determined for royalty purposes under any disposition by the State) of the minerals thereafter produced or removed from such lands, and (2) 2 per centum of all revenues thereafter derived by the State from rentals and bonuses from the disposition of such minerals. (d) Distribution of bonuses, rentals, and royalties from Federal disposition of minerals in public lands; payments into Alaska Native Fund based on percentage of gross value of produced minerals and of rentals and bonuses; Federal and State share calculation on remaining balance All bonuses, rentals, and royalties received by the United States after December 18, 1971, from the disposition by it of such minerals in public lands in Alaska shall be distributed as provided in the Alaska Statehood Act, except that prior to calculating the shares of the State and the United States as set forth in such Act, (1) a royalty of 2 per centum upon the gross value of such minerals produced (as such gross value is determined for royalty purposes under the sale or lease), and (2) 2 per centum of all rentals and bonuses shall be deducted and paid into the Alaska Native Fund. The respective shares of the State and the United States shall be calculated on the remaining balance. (e) Federal enforcement; State underpayment: deductions from grants- in-aid or other Federal assistance equal to underpayment and deposit of such amount in Fund The provisions of this section shall be enforceable by the United States for the benefit of the Natives, and in the event of default by the State in making the payments required, in addition to any other remedies provided by law, there shall be deducted annually by the Secretary of the Treasury from any grant-in-aid or from any other sums payable to the State under any provision of Federal law an amount equal to any such underpayment, which amount shall be deposited in the Fund. (f) Oil and gas revenues; amount payable equal to Federal or State royalties in cash or kind Revenues received by the United States or the State as compensation for estimated drainage of oil or gas shall, for the purposes of this section, be regarded as revenues from the disposition of oil and gas. In the event the United States or the State elects to take royalties in kind, there shall be paid into the Fund on account thereof an amount equal to the royalties that would have been paid into the Fund under the provisions of this section had the royalty been taken in cash. (g) Alaska Native Fund payments; cessation; reimbursement for advance payments The payments required by this section shall continue only until a sum of $500,000,000 has been paid into the Alaska Native Fund less the total of advance payments paid into the Alaska Native Fund pursuant to section 407 of the Trans-Alaska Pipeline Authorization Act. Thereafter, payments which would otherwise go into the Alaska Native Fund will be made to the United States Treasury as reimbursement for the advance payments authorized by section 407 of the Trans-Alaskan Pipeline Authorization Act. The provisions of this section shall no longer apply, and the reservation required in patents under this section shall be of no further force and effect, after a total sum of $500,000,000 has been paid to the Alaska Native Fund and to the United States Treasury pursuant to this subsection. (h) Final payment; order of computation When computing the final payment into the Fund the respective shares of the United States and the State with respect to payments to the Fund required by this section shall be determined pursuant to this subsection and in the following order: (1) first, from sources identified under subsections (b) and (c) hereof; and (2) then, from sources identified under subsection (d) hereof. (i) Outer Continental Shelf mineral revenues; provisions of section inapplicable The provisions of this section do not apply to mineral revenues received from the Outer Continental Shelf. -SOURCE- (Pub. L. 92-203, Sec. 9, Dec. 18, 1971, 85 Stat. 694; Pub. L. 93- 153, title IV, Sec. 407(b), Nov. 16, 1973, 87 Stat. 591.) -REFTEXT- REFERENCES IN TEXT The Mineral Leasing Act of 1920, referred to in subsec. (a), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as the Mineral Leasing Act, which is classified generally to chapter 3A (Sec. 181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 181 of Title 30 and Tables. The Alaska Statehood Act, referred to in subsecs. (b), (c), and (d), is Pub. L. 85-508, July 7, 1958, 72 Stat. 339, as amended, which is set out as a note preceding section 21 of Title 48. For complete classificati