43 USC Ch. 33: Front Matter
From Title 43-PUBLIC LANDSCHAPTER 33-ALASKA NATIVE CLAIMS SETTLEMENT
CHAPTER 33-ALASKA NATIVE CLAIMS SETTLEMENT
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.
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.
Indian allotment authority in Alaska; revocation; charging allotments on pending application against statutory acreage grant; relocation of allotment.
(a)
Revocation of authority.
(b)
Charging allotment against statutory grant.
(c)
Relocation of allotment.
1618.
Reservations; revocation; excepted reserve; acquisition of title to surface and subsurface estates in reserve; election of Village Corporations.
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.
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.
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.
Chapter Referred to in Other Sections
This chapter is referred to in sections 1631, 1632, 1633, 1634, 1635, 1636, 1637, 1638, 1639, 1641, 1642 of this title; title 2 section 658; title 5 section 3371; title 12 sections 1715z–13, 1715z–13a, 4702; title 15 section 637; title 16 sections 410hh, 410hh–3, 470bb, 1279, 1722, 1855, 3102, 3111, 3120, 3141, 3164, 3215, 4302, 4702; title 18 section 208; title 20 sections 1087uu–1, 1401, 4402, 6103, 7404, 7713, 9122; title 25 sections 450b, 1452, 1603, 1801, 2026, 2403, 2511, 3001, 3002, 3112, 3202, 3501, 3703, 3802, 3902, 4001, 4103; title 26 section 45A; title 29 sections 705, 741, 1671; title 30 section 1306; title 31 section 7501; title 33 sections 1263, 1377; title 38 section 3115; title 42 sections 280d, 1996a, 2991b, 2992c, 3002, 3122, 3796dd–8, 3796gg–2, 4368b, 4762, 5061, 6502, 8011, 8802, 9832, 10101, 12584, 13743, 13791, 13801, 13868, 13911, 13971, 14151; title 45 section 1212.