US (United States) Code. Title 43. Chapter 33: Alaska native claims settlemet

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Public lands

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-CITE-

43 USC CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-MISC1-

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.

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. 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.

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.

-SECREF-

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, 7011, 7713, 9122; title 25 sections 450b, 1452,

1603, 1801, 2021, 2403, 2511, 3001, 3002, 3112, 3202, 3501, 3703,

3802, 3902, 4001, 4103; title 26 section 45A; title 29 sections

705, 741; title 30 section 1306; title 31 section 7501; title 33

sections 1263, 1377; title 38 section 3115; title 40 section 502;

title 42 sections 290bb-25, 1490p-2, 1996a, 2991b, 2992c, 3002,

3122, 3796dd-8, 3796gg-2, 4368b, 4762, 5061, 6502, 8011, 8802,

9604, 9832, 10101, 12584, 13743, 13791, 13801, 13868, 13911, 13971,

14151; title 44 section 3601; title 45 section 1212.

-End-

-CITE-

43 USC Sec. 1601 01/06/03

-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 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 01/06/03

-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).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1615, 1626, 1641 of this

title; title 15 section 632; title 16 sections 470w, 620e, 1722,

3102; title 20 sections 2326, 7546; title 25 sections 13f, 472a,

1903, 2012, 3103; title 26 section 646; title 29 section 2911;

title 38 section 3764; title 42 sections 300f, 6949a, 9832, 10101,

12511, 12584; title 45 section 1202.

-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 01/06/03

-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 01/06/03

-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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1605, 1606 of this title.

-FOOTNOTE-

(!1) So in original. The colon probably should be a period.

-End-

-CITE-

43 USC Sec. 1605 01/06/03

-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]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1602, 1606, 1619, 1621,

1627 of this title.

-End-

-CITE-

43 USC Sec. 1606 01/06/03

-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]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1602, 1604, 1605, 1607,

1618, 1620, 1621, 1625, 1626, 1627, 1628, 1629, 1629b, 1629c,

1629d, 1629e, 1636 of this title; title 16 section 3181; title 25

section 1903; title 26 section 646; title 42 section 1382b; title

50 App. section 1989c-1.

-FOOTNOTE-

(!1) So in original. Probably should be "paragraph".

(!2) So in original.

-End-

-CITE-

43 USC Sec. 1607 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1620, 1627 of this title;

title 16 section 1155; title 25 section 450i; title 42 section

1382b.

-End-

-CITE-

43 USC Sec. 1608 01/06/03

-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 classification of this Act to the Code, see Tables.

Section 407 of the Trans-Alaska Pipeline Authorization Act,

referred to in subsec. (g), probably means section 407(a) of Pub.

L. 93-153, which is set out as a note below.

-MISC1-

AMENDMENTS

1973 - Subsec. (g). Pub. L. 93-153 inserted provisions covering

advance payments into the Alaska Native Fund pursuant to section

407 of the Trans-Alaska Pipeline Authorization Act and the

reimbursement of the United States Treasury for payments made.

ADVANCE PAYMENTS TO ALASKA NATIVES UNTIL COMMENCEMENT OF DELIVERIES

OF NORTH SLOPE CRUDE OIL TO PIPELINE

Section 407(a) of Pub. L. 93-153 authorized $5,000,000 to be paid

from the United States Treasury to the Alaska Native Fund every six

months of each fiscal year beginning with the fiscal year ending

June 30, 1976, as advance payments chargeable against revenues paid

under this section until delivery of North Slope crude oil to a

pipeline commenced.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1605, 1635 of this title.

-End-

-CITE-

43 USC Sec. 1609 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 1609. Limitation of actions

-STATUTE-

(a) Complaint, time for filing; jurisdiction; commencement by State

official; certainty and finality of vested rights, titles, and

interests

Notwithstanding any other provision of law, any civil action to

contest the authority of the United States to legislate on the

subject matter or the legality of this chapter shall be barred

unless the complaint is filed within one year of December 18, 1971,

and no such action shall be entertained unless it is commenced by a

duly authorized official of the State. Exclusive jurisdiction over

such action is hereby vested in the United States District Court

for the District of Alaska. The purpose of this limitation on suits

is to insure that, after the expiration of a reasonable period of

time, the right, title, and interest of the United States, the

Natives, and the State of Alaska will vest with certainty and

finality and may be relied upon by all other persons in their

relations with the State, the Natives, and the United States.

(b) Land selection; suspension and extension of rights

In the event that the State initiates litigation or voluntarily

becomes a party to litigation to contest the authority of the

United States to legislate on the subject matter or the legality of

this chapter, all rights of land selection granted to the State by

the Alaska Statehood Act shall be suspended as to any public lands

which are determined by the Secretary to be potentially valuable

for mineral development, timber, or other commercial purposes, and

no selections shall be made, no tentative approvals shall be

granted, and no patents shall be issued for such lands during the

pendency of such litigation. In the event of such suspension, the

State's right of land selection pursuant to section 6 of the Alaska

Statehood Act shall be extended for a period of time equal to the

period of time the selection right was suspended.

-SOURCE-

(Pub. L. 92-203, Sec. 10, Dec. 18, 1971, 85 Stat. 696.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Statehood Act and section 6 of the Alaska Statehood

Act, referred to in subsec. (b), are Pub. L. 85-508, July 7, 1958,

72 Stat. 339, and section 6 thereof, as amended, and are set out as

a note preceding section 21 of Title 48, Territories and Insular

Possessions. For complete classification of this Act to the Code,

see Tables.

-End-

-CITE-

43 USC Sec. 1610 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 1610. Withdrawal of public lands

-STATUTE-

(a) Description of withdrawn public lands; exceptions; National

Wildlife Refuge lands exception; time of withdrawal

(1) The following public lands are withdrawn, subject to valid

existing rights, from all forms of appropriation under the public

land laws, including the mining and mineral leasing laws, and from

selection under the Alaska Statehood Act, as amended:

(A) The lands in each township that encloses all or part of any

Native village identified pursuant to subsection (b) of this

section;

(B) The lands in each township that is contiguous to or corners

on the township that encloses all or part of such Native village;

and

(C) The lands in each township that is contiguous to or corners

on a township containing lands withdrawn by paragraph (B) of this

subsection.

The following lands are excepted from such withdrawal: lands in the

National Park System and lands withdrawn or reserved for national

defense purposes other than Naval Petroleum Reserve Numbered 4.

(2) All lands located within the townships described in

subsection (a)(1) hereof that have been selected by, or tentatively

approved to, but not yet patented to, the State under the Alaska

Statehood Act are withdrawn, subject to valid existing rights, from

all forms of appropriation under the public land laws, including

the mining and mineral leasing laws, and from the creation of third

party interests by the State under the Alaska Statehood Act.

(3)(A) If the Secretary determines that the lands withdrawn by

subsections (a)(1) and (2) hereof are insufficient to permit a

Village or Regional Corporation to select the acreage it is

entitled to select, the Secretary shall withdraw three times the

deficiency from the nearest unreserved, vacant and unappropriated

public lands. In making this withdrawal the Secretary shall,

insofar as possible, withdraw public lands of a character similar

to those on which the village is located and in order of their

proximity to the center of the Native village: Provided, That if

the Secretary, pursuant to section 1616, and 1621(e) of this title

determines there is a need to expand the boundaries of a National

Wildlife Refuge to replace any acreage selected in the Wildlife

Refuge System by the Village Corporation the withdrawal under this

section shall not include lands in the Refuge.

(B) The Secretary shall make the withdrawal provided for in

subsection (3)(A) hereof on the basis of the best available

information within sixty days of December 18, 1971, or as soon

thereafter as practicable.

(b) List of Native villages subject to chapter; review; eligibility

for benefits; expiration of withdrawals for villages; alternative

eligibility; eligibility of unlisted villages

(1) The Native villages subject to this chapter are as follows:

-HEAD-

NAME OF PLACE AND REGION

Afognak, Afognak Island.

Akhiok, Kodiak.

Akiachak, Southwest Coastal Lowland.

Akiak, Southwest Coastal Lowland.

Akutan, Aleutian.

Alakanuk, Southwest Coastal Lowland.

Alatna, Koyukuk-Lower Yukon.

Aleknagik, Bristol Bay.

Allakaket, Koyukuk-Lower Yukon.

Ambler, Bering Strait.

Anaktuvuk, Pass, Arctic Slope.

Andreafsey, Southwest Coastal Lowland.

Aniak, Southwest Coastal Lowland.

Anvik, Koyukuk-Lower Yukon.

Arctic Village, Upper Yukon-Porcupine.

Atka, Aleutian.

Atkassok, Arctic Slope.

Atmautlauk, Southwest Coastal Lowland.

Barrow, Arctic Slope.

Beaver, Upper Yukon-Porcupine.

Belkofsky, Aleutian.

Bethel, Southwest Coastal Lowland.

Bill Moore's, Southwest Coastal Lowland.

Biorka, Aleutian.

Birch Creek, Upper Yukon-Porcupine.

Brevig Mission, Bering Strait.

Buckland, Bering Strait.

Candle, Bering Strait.

Cantwell, Tanana.

Canyon Village, Upper Yukon-Porcupine.

Chalkyitsik, Upper Yukon-Porcupine.

Chanilut, Southwest Coastal Lowland.

Cherfornak, Southwest Coastal Lowland.

Chevak, Southwest Coastal Lowland.

Chignik, Kodiak.

Chignik Lagoon, Kodiak.

Chignik Lake, Kodiak.

Chistochina, Copper River.

Chitina, Copper River.

Chukwuktoligamute, Southwest Coastal Lowland.

Circle, Upper Yukon-Porcupine.

Clark's Point, Bristol Bay.

Copper Center, Copper River.

Crooked Creek, Upper Kuskokwim.

Deering, Bering Strait.

Dillingham, Bristol Bay.

Dot Lake, Tanana.

Eagle, Upper Yukon-Porcupine.

Eek, Southwest Coastal Lowland.

Egegik, Bristol Bay.

Eklutna, Cook Inlet.

Ekuk, Bristol Bay.

Ekwok, Bristol Bay.

Elim, Bering Strait.

Emmonak, Southwest Coastal Lowland.

English Bay, Cook Inlet.

False Pass, Aleutian.

Fort Yukon, Upper Yukon-Porcupine.

Gakona, Copper River.

Galena, Koyukuk-Lower Yukon.

Gambell, Bering Sea.

Georgetown, Upper Kuskokwim.

Golovin, Bering Strait.

Goodnews Bay, Southwest Coastal Lowland.

Grayling, Koyukuk-Lower Yukon.

Gulkana, Copper River.

Hamilton, Southwest Coastal Lowland.

Holy Cross, Koyukuk-Lower Yukon.

Hooper Bay, Southwest Coastal Lowland.

Hughes, Koyukuk-Lower Yukon.

Huslia, Koyukuk-Lower Yukon.

Igiugig, Bristol Bay.

Iliamna, Cook Inlet.

Inalik, Bering Strait.

Ivanof Bay, Aleutian.

Kaguyak, Kodiak.

Katovik, Arctic Slope.

Kalskag, Southwest Coastal Lowland.

Kaltag, Koyukuk-Lower Yukon.

Karluk, Kodiak.

Kasigluk, Southwest Coastal Lowland.

Kiana, Bering Strait.

King Cove, Aleutian.

Kipnuk, Southeast Coastal Lowland.

Kivalina, Bering Strait.

Kobuk, Bering Strait.

Kokhanok, Bristol Bay.

Koliganek, Bristol Bay.

Kongiganak, Southwest Coastal Lowland.

Kotlik, Southwest Coastal Lowland.

Kotzebue, Bering Strait.

Koyuk, Bering Strait.

Koyukuk, Koyukuk-Lower Yukon.

Kwethluk, Southwest Coastal Lowland.

Kwigillingok, Southwest Coastal Lowland.

Larsen Bay, Kodiak.

Levelock, Bristol Bay.

Lime Village, Upper Kuskokwim.

Lower Kalskag, Southwest Coastal Lowland.

McGrath, Upper Kuskokwim.

Makok, Koyukuk-Lower Yukon.

Manley Hot Springs, Tanana.

Manokotak, Bristol Bay.

Marshall, Southwest Coastal Lowland.

Mary's Igloo, Bering Strait.

Medfra, Upper Kuskokwim.

Mekoryuk, Southwest Coastal Lowland.

Mentasta Lake, Copper River.

Minchumina Lake, Upper Kuskokwim.

Minto, Tanana.

Mountain Village, Southwest Coastal Lowland.

Nabesna Village, Tranana.

Naknek, Bristol Bay.

Napaimute, Upper Kuskokwim.

Napakiak, Southwest Coastal Lowland.

Napaskiak, Southwest Coastal Lowland.

Nelson Lagoon, Aleutian.

Nenana, Tanana.

Newhalen, Cook Inlet.

New Stuyahok, Bristol Bay.

Newtok, Southwest Coastal Lowland.

Nightmute, Southwest Coastal Lowland.

Nikolai, Upper Kuskokwim.

Nikolski, Aleutian.

Ninilchik, Cook Inlet.

Noatak, Bering Strait.

Nome, Bering Strait.

Nondalton, Cook Inlet.

Nooiksut, Arctic Slope.

Noorvik, Bering Strait.

Northeast Cape, Bering Sea.

Northway, Tanana.

Nulato, Koyukuk-Lower Yukon.

Nunapitchuk, Southwest Coastal Lowland.

Ohogamiut, Southwest Coastal Lowland.

Old Harbor, Kodiak.

Oscarville, Southwest Coastal Lowland.

Ouzinkie, Kodiak.

Paradise, Koyukuk-Lower Yukon.

Pauloff Harbor, Aleutian.

Pedro Bay, Cook Inlet.

Perryville, Kodiak.

Pilot Point, Bristol Bay.

Pilot Station, Southwest Coastal Lowland.

Pitkas Point, Southwest Coastal Lowland.

Platinum, Southwest Coastal Lowland.

Point Hope, Arctic Slope.

Point Lay, Arctic Slope.

Portage Creek (Ohgsenakale), Bristol Bay.

Port Graham, Cook Inlet.

Port Heiden (Meshick), Aleutian.

Port Lions, Kodiak.

Quinhagak, Southwest Coastal Lowland.

Rampart, Upper Yukon-Porcupine.

Red Devil, Upper Kuskokwim.

Ruby, Koyukuk-Lower Yukon.

Russian Mission or Chauthalue (Kuskokwim), Upper Kuskokwim.

Russian Mission (Yukon), Southwest Coastal Lowland.

St. George, Aleutian.

St. Mary's, Southwest Coastal Lowland.

St. Michael, Bering Strait.

St. Paul, Aleutian.

Salamatof, Cook Inlet.

Sand Point, Aleutian.

Savonoski, Bristol Bay.

Savoonga, Bering Sea.

Scammon Bay, Southwest Coastal Lowland.

Selawik, Bering Strait.

Seldovia, Cook Inlet.

Shageluk, Koyukuk-Lower Yukon.

Shaktoolik, Bering Strait.

Sheldon's Point, Southwest Coastal Lowland.

Shishmaref, Bering Strait.

Shungnak, Bering Strait.

Slana, Copper River.

Sleetmute, Upper Kuskokwim.

South Naknek, Bristol Bay.

Squaw Harbor, Aleutian.

Stebbins, Bering Strait.

Stevens Village, Upper Yukon-Porcupine.

Stony River, Upper Kuskokwim.

Takotna, Upper Kuskokwim.

Tanacross, Tanana.

Tanana, Koyukuk-Lower Yukon.

Tatilek, Chugach.

Tazlina, Copper River.

Telida, Upper Kuskokwim.

Teller, Bering Strait.

Tetlin, Tanana.

Togiak, Bristol Bay.

Toksook Bay, Southwest Coastal Lowland.

Tulusak, Southwest Coastal Lowland.

Tuntutuliak, Southwest Coastal Lowland.

Tununak, Southwest Coastal Lowland.

Twin Hills, Bristol Bay.

Tyonek, Cook Inlet.

Ugashik, Bristol Bay.

Unalakleet, Bering Strait.

Unalaska, Aleutian.

Unga, Aleutian.

Uyak, Kodiak.

Venetie, Upper Yukon-Porcupine.

Wainwright, Arctic Slope.

Wales, Bering Strait.

White Mountain, Bering Strait.

(2) Within two and one-half years from December 18, 1971, the

Secretary shall review all of the villages listed in subsection

(b)(1) hereof, and a village shall not be eligible for land

benefits under section 1613(a) and (b) of this title, and any

withdrawal for such village shall expire, if the Secretary

determines that -

(A) less than twenty-five Natives were residents of the village

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; or

(B) the village is of a modern and urban character, and the

majority of the residents are non-Native.

Any Native group made ineligible by this subsection shall be

considered under section 1613(h) of this title.

(3) Native villages not listed in subsection (b)(1) hereof shall

be eligible for land and benefits under this chapter and lands

shall be withdrawn pursuant to this section if the Secretary within

two and one-half years from December 18, 1971, determines that -

(A) twenty-five or more Natives were residents of an

established village 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; and

(B) the village is not of a modern and urban character, and a

majority of the residents are Natives.

-SOURCE-

(Pub. L. 92-203, Sec. 11, Dec. 18, 1971, 85 Stat. 696.)

-REFTEXT-

REFERENCES IN TEXT

The public land laws, referred to in subsec. (a)(1), are

classified generally to this title.

The mining laws and the mineral leasing laws, referred to in

subsec. (a)(1), are classified generally to Title 30, Mineral Lands

and Mining.

The Alaska Statehood Act, as amended, referred to in subsec.

(a)(1), (2), 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, Territories and Insular Possessions. For complete

classification of this Act to the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1602, 1611, 1613, 1615,

1616, 1621, 1629g, 1634, 1635, 1641 of this title; title 7 section

2025; title 16 section 3215.

-End-

-CITE-

43 USC Sec. 1611 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 1611. Native land selections

-STATUTE-

(a) Acreage limitation; proximity of selections and size of

sections and units; waiver

(1) During a period of three years from December 18, 1971, the

Village Corporation for each Native village identified pursuant to

section 1610 of this title shall select, in accordance with rules

established by the Secretary, all of the township or townships in

which any part of the village is located, plus an area that will

make the total selection equal to the acreage to which the village

is entitled under section 1613 of this title. The selection shall

be made from lands withdrawn by section 1610(a) of this title:

Provided, That no Village Corporation may select more than 69,120

acres from lands withdrawn by section 1610(a)(2) of this title, and

not more than 69,120 acres from the National Wildlife Refuge

System, and not more than 69,120 acres in a National Forest:

Provided further, That when a Village Corporation selects the

surface estate to lands within the National Wildlife Refuge System

or Naval Petroleum Reserve Numbered 4, the Regional Corporation,

for that region may select the subsurface estate in an equal

acreage from other lands withdrawn in section 1610(a) of this title

within the region, if possible.

(2) Selections made under this subsection (a) of this section

shall be contiguous and in reasonably compact tracts, except as

separated by bodies of water or by lands which are unavailable for

selection, and shall be in whole sections and, wherever feasible,

in units of not less than 1,280 acres: Provided, That the Secretary

in his discretion and upon the request of the concerned Village

Corporation, may waive the whole section requirement where -

(A)(i) a portion of available public lands of a section is

separated from other available public lands in the same section

by lands unavailable for selection or by a meanderable body of

water;

(ii) such waiver will not result in small isolated parcels of

available public land remaining after conveyance of selected

lands to Native Corporations; and

(iii) such waiver would result in a better land ownership

pattern or improved land or resource management opportunity; or

(B) the remaining available public lands in the section have

been selected and will be conveyed to another Native Corporation

under this chapter.

(b) Allocation; reallocation considerations

The difference between twenty-two million acres and the total

acreage selected by Village Corporations pursuant to subsection (a)

of this section shall be allocated by the Secretary among the

eleven Regional Corporations (which excludes the Regional

Corporation for southeastern Alaska) on the basis of the number of

Natives enrolled in each region. Each Regional Corporation shall

reallocate such acreage among the Native villages within the region

on an equitable basis after considering historic use, subsistence

needs, and population. The action of the Secretary or the

Corporation shall not be subject to judicial review. Each Village

Corporation shall select the acreage allocated to it from the lands

withdrawn by section 1610(a) of this title.

(c) Computation

The difference between thirty-eight million acres and the 22

million acres selected by Village Corporations pursuant to

subsections (a) and (b) of this section shall be allocated among

the eleven Regional Corporations (which excludes the Regional

Corporation for southeastern Alaska) as follows:

(1) The number of acres each Regional Corporation is entitled to

receive shall be computed (A) by determining on the basis of

available data the percentages of all land in Alaska (excluding the

southeastern region) that is within each of the eleven regions, (B)

by applying that percentage to thirty-eight million acres reduced

by the acreage in the southeastern region that is to be selected

pursuant to section 1615 of this title, and (C) by deducting from

the figure so computed the number of acres within that region

selected pursuant to subsections (a) and (b) of this section.

(2) In the event that the total number of acres selected within a

region pursuant to subsections (a) and (b) of the section exceeds

the percentage of the reduced thirty-eight million acres allotted

to that region pursuant to subsection (c)(1)(B) of this section,

that region shall not be entitled to receive any lands under this

subsection (c). For each region so affected the difference between

the acreage calculated pursuant to subsection (c)(1)(B) of this

section and the acreage selected pursuant to subsections (a) and

(b) of this section shall be deducted from the acreage calculated

under subsection (c)(1)(C) of this section for the remaining

regions which will select lands under this subsection (c). The

reductions shall be apportioned among the remaining regions so that

each region's share of the total reduction bears the same

proportion to the total reduction as the total land area in that

region (as calculated pursuant to subsection (c)(1)(A) of this

section (!1) bears to the total land area in all of the regions

whose allotments are to be reduced pursuant to this paragraph.

(3) Before the end of the fourth year after December 18, 1971,

each Regional Corporation shall select the acreage allocated to it

from the lands within the region withdrawn pursuant to section

1610(a)(1) of this title, and from the lands within the region

withdrawn pursuant to section 1610(a)(3) of this title to the

extent lands withdrawn pursuant to section 1610(a)(1) of this title

are not sufficient to satisfy its allocation: Provided, That within

the lands withdrawn by section 1610(a)(1) of this title the

Regional Corporation may select only even numbered townships in

even numbered ranges, and only odd numbered townships in odd

numbered ranges.

(4) Where the public lands consist only of the mineral estate, or

portion thereof, which is reserved by the United States upon patent

of the balance of the estate under one of the public land laws,

other than this chapter, the Regional Corporations may select as

follows:

(A) Where such public lands were not withdrawn pursuant to

section 1610(a)(3) of this title, but are surrounded by or

contiguous to lands withdrawn pursuant to section 1610(a)(3) of

this title, and filed upon for selection by a Regional

Corporation, the Corporation may, upon request, have such public

land included in its selection and considered by the Secretary to

be withdrawn and properly selected.

(B) Where such public lands were withdrawn pursuant to section

1610(a)(1) of this title and are required to be selected by

paragraph (3) of this subsection, the Regional Corporation may,

at its option, exclude such public lands from its selection.

(C) Where such public lands are surrounded by or contiguous to

subsurface lands obtained by a Regional Corporation under

subsections (!2) (a) or (b) of this section, the Corporation may,

upon request, have such public land conveyed to it.

(D)(i) A Regional Corporation which elects to obtain public

lands under subparagraph (C) shall be limited to a total of not

more than 12,000 acres. Selection by a Regional Corporation of in

lieu surface acres under subparagraph (E) pursuant to an election

under subparagraph (C) shall not be made from any lands within a

conservation system unit (as that term is defined by section

3102(4) of title 16).

(ii) An election to obtain the public lands described in

subparagraph (A), (B), or (C) shall include all available parcels

within the township in which the public lands are located.

(iii) For purposes of this subparagraph and subparagraph (C),

the term "Regional Corporation" shall refer only to Doyon,

Limited.

(E) Where the Regional Corporation elects to obtain such public

lands under subparagraph (A), (B), or (C) of this paragraph, it

may select, within ninety days of receipt of notice from the

Secretary, the surface estate in an equal acreage from other

public lands withdrawn by the Secretary for that purpose. Such

selections shall be in units no smaller than a whole section,

except where the remaining entitlement is less than six hundred

and forty acres, or where an entire section is not available.

Where possible, selections shall be of lands from which the

subsurface estate was selected by that Regional Corporation

pursuant to subsection (a)(1) of this section or section

1613(h)(9) of this title, and, where possible, all selections

made under this section shall be contiguous to lands already

selected by the Regional Corporation or a Village Corporation.

The Secretary is authorized, as necessary, to withdraw up to two

times the acreage entitlement of the in lieu surface estate from

vacant, unappropriated, and unreserved public lands from which

the Regional Corporation may select such in lieu surface estate

except that the Secretary may withdraw public lands which had

been previously withdrawn pursuant to subsection 1616(d)(1) of

this title.

(F) No mineral estate or in lieu surface estate shall be

available for selection within the National Petroleum Reserve -

Alaska or within Wildlife Refuges as the boundaries of those

refuges exist on December 18, 1971.

(5) Subparagraphs (A), (B), and (C) of paragraph (4) shall apply,

notwithstanding the failure of the Regional Corporation to have

appealed the rejection of a selection during the conveyance of the

relevant surface estate.

(d) Village Corporation for Native village at Dutch Harbor; lands

and improvements and patent for Village Corporation

To insure that the Village Corporation for the Native village at

Dutch Harbor, if found eligible for land grants under this chapter,

has a full opportunity to select lands within and near the village,

no federally owned lands, whether improved or not, shall be

disposed of pursuant to the Federal surplus property disposal laws

for a period of two years from December 18, 1971. The Village

Corporation may select such lands and improvements and receive

patent to them pursuant to section 1613(a) of this title.

(e) Disputes over land selection rights and boundaries; arbitration

Any dispute over the land selection rights and the boundaries of

Village Corporations shall be resolved by a board of arbitrators

consisting of one person selected by each of the Village

Corporations 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 Village Corporations.

-SOURCE-

(Pub. L. 92-203, Sec. 12, Dec. 18, 1971, 85 Stat. 701; Pub. L.

96-487, title XIV, Secs. 1402, 1403, Dec. 2, 1980, 94 Stat. 2492;

Pub. L. 105-333, Sec. 3, Oct. 31, 1998, 112 Stat. 3130.)

-REFTEXT-

REFERENCES IN TEXT

The public land laws, referred to in subsec. (c)(4), are

classified generally to this title.

For Federal surplus property disposal laws, referred to in

subsec. (d), see, generally, subtitle I of Title 40, Public

Buildings, Property, and Works.

-MISC1-

AMENDMENTS

1998 - Subsec. (c)(4)(C), (D). Pub. L. 105-333, Sec. 3(a)(1),

added subpars. (C) and (D). Former subpars. (C) and (D)

redesignated (E) and (F), respectively.

Subsec. (c)(4)(E). Pub. L. 105-333, Sec. 3(a), redesignated

subpar. (C) as (E) and substituted "(A), (B), or (C)" for "(A) or

(B)".

Subsec. (c)(4)(F). Pub. L. 105-333, Sec. 3(a)(1), redesignated

subpar. (D) as (F).

Subsec. (c)(5). Pub. L. 105-333, Sec. 3(b), added par. (5).

1980 - Subsec. (a)(2). Pub. L. 96-487, Sec. 1402, inserted

proviso specifying conditions under which Secretary in his

discretion and upon request of concerned Village Corporation may

waive the whole section requirement.

Subsec. (c)(4). Pub. L. 96-487, Sec. 1403, added par. (4).

SEPARABILITY

Pub. L. 95-178, Sec. 3(b), Nov. 15, 1977, 91 Stat. 1370, provided

that: "If any provision of this Act [enacting section 1628 of this

title, amending sections 1613 and 1615 of this title, and amending

provisions set out as a note under this section] or the

applicability thereof is held invalid, the validity of the

remainder of this Act, of section 12 of the Act of January 2, 1976

(Public Law 94-204), as amended [set out below], of the document

referred to in section 12(b) thereof, and the duties and

obligations of the Secretary of the Interior, the State of Alaska,

and Cook Inlet Region, Incorporated, with respect thereto, shall

not be affected thereby."

AVAILABILITY OF PROPERTY ACCOUNT FOR PURPOSES INVOLVING PUBLIC SALE

OF PROPERTY BY FEDERAL AGENCIES

Pub. L. 100-202, Sec. 101(j) [Sec. 127], Dec. 22, 1987, 101 Stat.

1329-311, 1329-318, provided that: "In addition to the purposes for

which it is now available, the property account established by

section 12(b) of the Act of January 2, 1976, as amended (43 U.S.C.

1611 note) [section 12(b) of Pub. L. 94-204 set out below] shall be

available hereafter for purposes involving any public sale of

property by any agency of the United States, including the

Department of Defense, or any element thereof."

AUTHORITY TO CONVEY LANDS UNDER APPLICATION FOR SELECTION TO COOK

INLET REGION, INC., FOR RECONVEYANCE TO VILLAGE CORPORATIONS;

TENDER OF CONVEYANCE OF DESCRIBED LAND TO COOK INLET REGION, INC.,

ACCEPTANCE BY REGION, AND EFFECT ON ENTITLEMENT

Pub. L. 94-456, Secs. 4, 5, Oct. 4, 1976, 90 Stat. 1935, provided

that:

"Sec. 4. (a) The Secretary is authorized to convey lands under

application for selection by Village Corporations within Cook Inlet

Region to the Cook Inlet Region, Incorporated, for reconveyance by

the Region to such Village Corporations. Such lands shall be

conveyed as partial satisfaction of the statutory entitlement of

such Village Corporations from lands withdrawn pursuant to section

11(a)(3) of the Alaska Native Claims Settlement Act [section

1610(a)(3) of this title] (hereinafter, The Settlement Act') [this

chapter], and with the consent of the Region affected, as provided

in section 12 of the Act of January 2, 1976 (89 Stat. 1145, 1150)

[set out as a note below], from lands outside the boundaries of

Cook Inlet Region. This authority shall not be employed to increase

or decrease the statutory entitlement of any Village Corporation or

Cook Inlet Region, Incorporated. For the purposes of counting acres

received in computing statutory entitlement, the Secretary shall

count the number of acres or acre selections surrendered by Village

Corporations in any exchange for any other lands or selections.

"(b) The Secretary shall not be required to survey any land

conveyed pursuant to subsection 4(a) until the Village Corporation

entitlement for all eligible Village Corporations has been

conveyed. With respect to the conveyances made by the Secretary in

the manner authorized by subsection 4(a), the Secretary shall

survey the exterior boundaries of each entire area conveyed to Cook

Inlet Region, Incorporated, pursuant to subsection 4(a) and

monument to boundary lines at angle points and intervals of

approximately two miles on straight lines. The Secretary shall not

be required to provide ground survey or monumentation along

meanderable water boundaries. Each township corner located within

the exterior boundary of land conveyed shall be located and

monumented. Any areas within such tracts that are to be reconveyed

pursuant to section 14(C)(1) and (2) of the Settlement Act [section

1613(c)(1) and (2) of this title] shall also be surveyed pursuant

to 43 C.F.R. 2650.

"(c) Conveyances made under the authority of subsection (a) of

this section shall be considered conveyances under the Settlement

Act [this chapter] and subject to the provisions of that Act,

except as provided by this Act [amending section 1615(a) and (d) of

this title and amending provisions set out as a note below].

"Sec. 5. (a) The Secretary shall, within sixty days after the

effective date of this Act [Oct. 4, 1976], tender conveyance of the

land described in subsection (b), subject to valid existing rights,

to Cook Inlet Region, Incorporated. If the conveyance is accepted

by the Region, such lands shall be considered 1,687.2

acre-equivalents within the meaning of paragraph I(C)(2)(e)(iii) of

the Terms and Conditions as clarified August 31, 1976, and the

Secretary's obligations under paragraph I(C) of those Terms and

Conditions will be reduced accordingly. If, however, said section

12 of the Act of January 2, 1976 [set out as a note below], does

not take effect then the entitlement of Cook Inlet Region,

Incorporated, under section 12(c) [section 1611(c) of this title]

shall be reduced by 8,346 acres.

"(b) The land referred to in subsection (a) is described as a

parcel of land located in section 7 of township 13 north, range 2

west of the Seward Meridian, Third Judicial District, State of

Alaska; said parcel being all of Government lots 5 and 7 and that

portion of the SE 1/4 NW 1/4 lying north of the north

right-of-way line of the Glenn Highway, State of Alaska, Department

of Highways Project No. F-042-1(2), and more particularly described

as follows:

"Commencing at the north quarter corner of said section 7;

"thence south 00 degrees 12 minutes east, a distance of 1,320.0

feet, more or less, to the northeast corner of said southeast

quarter northwest quarter;

"thence west along the north line of southeast quarter

northwest quarter a distance of 94.0 feet, more or less, to the

north right-of-way line of the Glenn Highway and the true point

of beginning;

"thence south 53 degrees 16 minutes 15 seconds west along said

north right-of-way line, a distance of 1,415.0 feet, more or

less, to a point of curve being at right angles to centerline

Station 216 plus 51.35;

"thence continuing along said north right-of-way line along a

curve to the right with a central angle of 12 degrees 51 minutes

34 seconds, having a radius of 5,595.58 feet for an arc distance

of 105.0 feet, more or less, to a point of intersection of said

north right-of-way line with the west line of said southeast

quarter northwest quarter;

"thence north 00 degrees 12 minutes west along said west line,

being common with the east line of Government lot 5, a distance

of 910.0 feet, more or less, to the northwest corner of said

southeast quarter northwest quarter;

"thence east along the north line of said southeast quarter

northwest quarter, a distance of 1,225.0 feet, more or less, to

the point of beginning; containing 56.24 acres, more or less."

SETTLEMENT OF CLAIMS AND CONSOLIDATION OF OWNERSHIP AMONG THE

UNITED STATES, THE COOK INLET REGION, INC. AND THE STATE OF ALASKA

Pub. L. 94-204, Sec. 12, Jan. 2, 1976, 89 Stat. 1150, as amended

by Pub. L. 94-456, Sec. 3, Oct. 4, 1976, 90 Stat. 1935; Pub. L.

95-178, Sec. 3(a), Nov. 15, 1977, 91 Stat. 1369; Pub. L. 96-55,

Sec. 2, Aug. 14, 1979, 93 Stat. 386; Pub. L. 96-311, July 17, 1980,

94 Stat. 947; Pub. L. 96-487, title XIV, Sec. 1435, Dec. 2, 1980,

94 Stat. 2545; Pub. L. 97-468, title VI, Sec. 606(d), Jan. 14,

1983, 96 Stat. 2566; Pub. L. 99-500, Sec. 101(h) [title III, Sec.

319], Oct. 18, 1986, 100 Stat. 1783-242, 1783-286, and Pub. L.

99-591, Sec. 101(h) [title III, Sec. 319], Oct. 30, 1986, 100 Stat.

3341-242, 3341-287; Pub. L. 101-511, title VIII, Sec. 8133(a), Nov.

5, 1990, 104 Stat. 1909; Pub. L. 102-154, title III, Sec. 320, Nov.

13, 1991, 105 Stat. 1036; Pub. L. 103-204, Sec. 32(b), Dec. 17,

1993, 107 Stat. 2413, provided that:

"(a) The purpose of this section is to provide for the settlement

of certain claims, and in so doing to consolidate ownership among

the United States, the Cook Inlet Region Incorporated (hereinafter

in this section referred to as the 'Region'), and the State of

Alaska, within the Cook Inlet area of Alaska in order to facilitate

land management and to create land ownership patterns which

encourage settlement and development in appropriate areas. The

provisions of this section shall take effect at such time as all of

the following have taken place:

"(1) the State of Alaska has conveyed or irrevocably obligated

itself to convey lands to the United States for exchange, hereby

authorized, with the Region in accordance with the document

referred to in subsection (b);

"(2) the Region and all plaintiffs/appellants have withdrawn

from Cook Inlet against Kleppe, numbered 75-2232, ninth circuit,

and such proceedings have been dismissed with prejudice; and

"(3) all Native village selections under section 12 of the

Settlement Act [section 1611 of this title] of the lands within

Lake Clark, Lake Kontrashibuna, and Mulchatna River deficiency

withdrawals have been irrevocably withdrawn and waived.

The conveyances described in paragraph (1) of this subsection shall

not be subject to the provisions of section 6(i) of the Alaska

Statehood Act (72 Stat. 339) [set out as note preceding section 21

of Title 48, Territories and Insular Possessions].

"(b) The Secretary shall make the following conveyances to the

Region, in accordance with the specific terms, conditions,

procedures, covenants, reservations, and other restrictions set

forth in the document entitled 'Terms and Conditions for Land

Consolidation and Management in Cook Inlet Area', which was

submitted to the House Committee on Interior and Insular Affairs on

December 10, 1975, and clarified on August 31, 1976, the terms of

which, as clarified, are hereby incorporated herein and ratified as

to the duties and obligations of the United States and the Region,

as a matter of Federal law.

"(1) title to approximately 10,240 acres of land within the

Kenai National Moose Range; except that there shall be no

conveyance of the bed of Lake Tustamena, or the mineral estate in

the waterfront zone described in the document referred to in this

subsection;

"(2) title to oil and gas and coal in not to exceed 9.5

townships within the Kenai National Moose Range;

"(3) title to Federal interests in township 10 south, range 9

west, F.M., and township 20 north, range 9 east, S.M.;

"(4) title to township 1 south, range 21 west, S.M.: sections 3

to 10, 15 to 22, 29, and 30; and rights to metalliferous minerals

in the following sections in township 1 north, range 21 west,

S.M.: sections 13, 14, 15, 22, 23, 24, 25, 26, 27, 28, 32, 33,

34, 35, 36;

"(5) title to twenty-nine and sixty-six hundredths townships of

land outside the boundaries of Cook Inlet Region: unless pursuant

to the document referred to in this subsection a greater or

lesser entitlement shall exist, in which case the Secretary shall

convey such entitlement;

"(6) title to lands selected by the Region from a pool which

shall be established by the Secretary and the Administrator of

General Services: Provided, That conveyances pursuant to this

paragraph shall not be subject to the provisions of section 22(l)

of the Settlement Act [section 1621(l) of this title]: Provided

further, That conveyances pursuant to this paragraph shall be

made in exchange for lands or rights to select lands outside the

boundaries of Cook Inlet Region as described in paragraph (5) of

this subsection and on the basis of values determined by

agreement among the parties, notwithstanding any other provision

of law. Effective upon their conveyance, the lands referred to in

paragraph (1) of this subsection are excluded from the Kenai

National Moose Range, but they shall automatically become part of

the range and subject to the laws and regulations applicable

thereto upon title thereafter vesting in the United States. The

Secretary is authorized to acquire lands formerly within the

range with the concurrence of the Region so long as the Region

owns such lands. Section 22(e) of the Settlement Act [section

1621(e) of this title], concerning refuge replacement, shall

apply with respect to lands conveyed pursuant to paragraphs (1)

and (2) of this subsection, except that the Secretary may

designate for replacement land twice the amount of any land

conveyed without restriction to a native corporation.

"(7)(i) Until the obligations of the Secretary and the

Administrator of General Services under section 12(b)(5) and (6)

of this Act [subsec. (b)(5), (6) of this note] are otherwise

fulfilled: (a) Cook Inlet Region, Incorporated, may, by using the

account established in subsection 12(b)(7)(iv) [subsec.

(b)(7)(iv) of this note], bid, as any other bidder for property

as defined in subsection 12(b)(7)(vii) [subsec. (b)(7)(vii) of

this note],, [sic] wherever located, in accordance with the

applicable laws and regulations of the Federal agency or

instrumentality offering such property for sale. No preference

right of any type will be offered to Cook Inlet Region

Incorporated, for bidding on property under this section 12(b)(7)

[subsec. (b)(7) of this note]. There shall be no advertising

other than that ordinarily required by such sale. [sic] (b) the

Administrator of General Services may, at the discretion of the

Administrator, tender to the Secretary any surplus property

otherwise to be disposed of pursuant to 40 U.S.C. 484(e)(3) [now

40 U.S.C. 545(b)] to be offered Cook Inlet Region, Incorporated

for a period of 90 days so as to aid in the fulfillment of the

Secretary's program purposes under the Alaska Native Claims

Settlement Act [this chapter]: Provided, That nothing in these

subsections 12(b)(7)(i)(b) or (ii) [subsec. (b)(7)(i)(b) or (ii)

of this note] shall be construed to establish, enlarge or

diminish authority of the Administrator or the Secretary within

the State of Alaska. Prior to any disposition under subsection

12(b)(7)(i)(b) [subsec. (b)(7)(i)(b) of this note], the

Administrator shall notify the governing body of the locality

where such property is located and any appropriate state agency,

and no such disposition shall be made if such governing body or

state agency, within ninety days of such notification formally

advises the Administrator that it objects to the proposed

disposition.

"(ii) Subject to the exceptions stated in section 12(b)(9)

[subsec. (b)(9) of this note], and notwithstanding the foregoing

subsection 12(b)(7)(i) [subsec. (b)(7)(i) of this note] and any

provision of any other law or any implementing regulation

inconsistent with this subsection, until the obligations of the

Secretary and the Administrator of General Services under section

12(b)(5) and (6) [subsec. (b)(5) and (6) of this note] are

otherwise fulfilled:

"(A) concurrently with the commencement of screening of any

excess real property, wherever located, for utilization by

Federal agencies, the Administrator of General Services shall

notify the Region that such property may be available for

conveyance to the Region upon negotiated sale. Within fifteen

days of the date of receipt of such notice, the Region may

advise the Administrator that there is a tentative need for the

property to fulfill the obligations established under section

12(b)(5) and (6) [subsec. (b)(5) and (6) of this note]. If the

Administrator determines the property should be disposed of by

transfer to the Region, the Administrator or other appropriate

Federal official shall promptly transfer such property;

"(B) no disposition or conveyance of property under this

subsection to the Region shall be made until the Administrator,

after notice to affected State and local governments, has

provided to them such opportunity to obtain the property as is

recognized in title 40, United States Code and the regulations

thereunder for the disposition or conveyance of surplus

property; and

"(C) as used in this subsection, 'real property' means any

land or interests in land owned or held by the United States or

any Federal agency, any improvements on such land or rights to

their use or exploitation, and any personal property related to

the land.

"(iii) If the Region accepts any conveyance under section

12(b)(7)(i) or (ii) [subsec. (b)(7)(i) or (ii) of this note], it

shall be in exchange for acres or acre-equivalents as provided in

subparagraph I(C)(2)(e) of the document referred to in this

section, except that, after the obligation of the Secretary and

the Administrator under subparagraph I(C)(2)(g) of that document

has been fulfilled, the acre-equivalents under subparagraph

I(C)(2)(e)(iii)(A) shall be one-half the valued increment therein

stated. The entitlement of the Region under section 12(b) of this

Act [subsec. (b) of this note] shall be reduced by the number of

acres or acre-equivalents attributed to the Region under this

subsection. The Secretary and the Administrator are directed to

execute an agreement with the Region which shall conform

substantially to the 'Memorandum of Understanding Regarding the

Implementation of Section 12(b)(7)', dated September 10, 1982,

and submitted to the Senate Committee on Commerce, Science, and

Transportation. The Secretary, the Administrator and the Region

may thereafter otherwise agree to procedures to implement

responsibilities under this section 12(b)(7) [subsec. (b)(7) of

this note], including establishment of accounting procedures and

the delegation or reassignment of duties under this statute.

"(iv) The Secretary of the Treasury shall establish a Cook

Inlet Region, Incorporated property account, which shall be

available for the purpose of bidding on property, as defined in

subsection 12(b)(7)(vii) [subsec. (b)(7)(vii) of this note], or

paying for the conveyance of property pursuant to subsections

12(b)(7)(i) or (ii) [subsec. (b)(7)(i), (ii) of this note]. The

balance of the account shall be the sum of (1) the

acre-equivalent exchange value established by paragraph

I(C)(2)(e)(iii)(A) of the document referred to in this

subsection, of the unfulfilled entitlement of Cook Inlet Region,

Incorporated, [on] December 2, 1980, to acre or acre-equivalents

under paragraph I(C)(2)(g) of the document referred to in this

subsection 12(b) [subsec. (b) of this note] and (2) one-half the

acre or acre-equivalent exchange value under subparagraph

I(C)(2)(e)(iii)(A) of seven townships fewer than the unfulfilled

entitlement of the Region on the same date to acres or

acre-equivalents under paragraph I(C)(1) of the document referred

to in this section. The balance of the property account shall be

adjusted in accordance with subsection 12(b)(7)(iii) [subsec.

(b)(7)(iii) of this note] to reflect transfers or successful bids

under section 12(b)(5) and (6) of this section [subsec. (b)(5)

and (6) of this note] or payments of forfeited deposits,

penalties, or other assessments imposed under a valid bid or

sales contract on Cook Inlet Region, Incorporated.

"(v) The amount charged against the Treasury account

established under subsection 12(b)(7)(iv) [subsec. (b)(7)(iv) of

this note] for sales or transfers of property made pursuant to

the Federal Property and Administrative Services Act of 1949, 40

U.S.C. sec. 471 et seq. [now chapters 1 to 11 of Title 40, Public

Buildings, Property, and Works, and title III of the Act of June

30, 1949 (41 U.S.C. 251 et seq.)], or any legislative or

executive delegation under that Act, shall be treated as proceeds

of dispositions of surplus property for the purpose of

determining the basis for calculating direct expenses pursuant to

40 U.S.C. 485(b) [now 40 U.S.C. 572(a)], as amended.

"(vi) The basis for computing gain or loss on subsequent sale

or other disposition of lands or interests in land conveyed to

Cook Inlet Region, Incorporated, under this subsection, for

purposes of any Federal, State or local tax imposed on or

measured by income, shall be the fair value of such land or

interest in land at the time of receipt. The amount charged

against Cook Inlet's entitlement under I(C)(2)(e) of the document

referred to in subsection (b) of this section [subsec. (b) of

this note] shall be prima facie evidence of such fair value.

"(vii) Notwithstanding the definition of 'property' found in

the Federal Property and Administrative Services Act of 1949, as

amended [see 40 U.S.C. 102(9)], as used in this section 12(b)(7)

[subsec. (b)(7) of this note], 'property' means any property -

real, personal (including intangible assets sold or offered by

the Federal Deposit Insurance Corporation or the Resolution Trust

Corporation, such as financial instruments, notes, loans, and

bonds), or mixed - owned, held, or controlled by the United

States (including that in a corporate capacity or as a receiver

or conservator, or such other similar fiduciary relationship),

and offered for sale by any agency or instrumentality of the

United States, including but not limited to the General Services

Administration, Department of Defense, Department of the

Interior, Department of Agriculture, Department of Housing and

Urban Development, the United States Courts and any Government

corporation, agency or instrumentality subject to chapter 91 of

title 31, United States Code; real property means any land or

interest in land or option to purchase land, any improvements on

such lands, or rights to their use or exploitation.

"(viii) Any charge against the property account and any

transfer of funds from the property account heretofore made for

the purpose of consummating any prior sale or making a deposit or

other payment to bind any contract of sale or paying any

forfeiture of deposit, penalty or assessment is hereby

authorized, ratified and affirmed.

"(8) Subject to the exceptions stated in section 12(b)(9)

[subsec. (b)(9) of this note], and notwithstanding any provisions

of law or implementing regulation inconsistent with this section:

"(i) The deadlines in subparagraphs I(C)(2)(a) and (g) of the

document referred to in this section shall be extended until

the Secretary's obligations under section 12(b)(5) and (6)

[subsec. (b)(5) and (6) of this note] are fulfilled: Provided,

That:

"(A) the obligation of the Secretary under subparagraph

I(C)(2)(a) of such document shall terminate on such date,

after July 15, 1984, that the Secretary has fulfilled his

obligation under subparagraph I(C)(2)(g) of that document:

Provided, That the obligation of the Secretary under

subparagraph I(C)(2)(g) of such document shall be fulfilled

at such date, after July 15, 1984, that the sum of the acres

or acre-equivalents identified for and placed in the pool and

the acres or acre-equivalents used by the Region in

purchasing property under section 12(b)(7) [subsec. (b)(7) of

this note] equals or exceeds 138,240 acres or

acre-equivalents;

"(B) the authority of the Secretary under subparagraphs

I(C)(2)(b) and I(C)(2)(g)(ii) of such document to contribute

to the pool created under subparagraph I(C)(2)(a) of such

document shall terminate (a) on July 15, 1984, if, by that

date, the Secretary has fulfilled his obligation under

subparagraph I(C)(2)(g), or (b) if not, on such date after

July 15, 1984 as such obligation is fulfilled, or (c) if such

obligation remains unfulfilled, on July 15, 1987;

"(C) the concurrence by the State as described in

subparagraphs I(C)(2)(a)(vi) and I(C)(2)(c) of the document

referred to in this section shall be deemed not required

after the Secretary has fulfilled his obligation under

subparagraph I(C)(2)(g) of that document, but in no event

after July 15, 1987. In lieu of such concurrence, after 1984

as to military property, and after the Secretary has

fulfilled his obligation under subparagraph I(C)(2)(g) of

that document or July 15, 1987, whichever is earlier, as to

any other property, except property of the Alaska Railroad

which is governed by subsection 12(b)(6)(i)(D) of this Act

[probably means subpar. (i)(D) of this paragraph], the

Secretary shall not place any lands in the selection pool

referred to in subparagraphs I(C)(2)(a) and (g) of the

document referred to in this section without the prior

written concurrence of the State. Such concurrence shall be

deemed obtained unless the State advises the Secretary within

ninety days of receipt of a formal notice from the Secretary

that he is considering placing property in the selection

pool, that the State, or a municipality of the State which

includes all or part of the property in question, requires

the property for a public purpose of the State or

municipality; and

"(D) notwithstanding section 606(a)(2) of the Alaska

Railroad Transfer Act of 1982 [section 1205(a)(2) of Title

45, Railroads], the Secretary may include property of the

Alaska Railroad in the pool of lands to be made available for

selection to the extent that he is authorized to do so under

a provision of section 12(b) of this Act [subsec. (b) of this

note] if the State consents to its inclusion, which consent

is not subject to any limitation under subsection

12(b)(8)(i)(C) herein: Provided, That, while the Alaska

Railroad is the property of the United States, the Secretary

shall obtain the consent of the Secretary of Transportation

prior to including such property: And provided further, That,

if the transfer of the Alaska Railroad to the State does not

occur pursuant to the terms of the Alaska Railroad Transfer

Act of 1982 [see Short Title note set out under section 1201

of Title 45] or any amendments thereto, the State's consent

shall be deemed obtained unless the State advises the

Secretary in writing, within ninety days of receipt of a

formal notice from the Secretary that he is considering

placing such property in the selection pool, that the State,

or a municipality of the State which includes all or part of

the property in question, requires the property for a public

purpose of the State or the municipality.

"(ii) In addition to the review required to identify public

lands under section 3(e) of the Alaska Native Claims Settlement

Act (43 U.S.C. 1602(e)), the Secretary shall identify for

inclusion in the pool all public lands (as such term is used

under section 3(e) of the Alaska Native Claims Settlement Act

(43 U.S.C. 1602(e)), as described in subparagraph I(C)(2)(a)(v)

of the document referred to in this section, and shall, in so

doing, review all Federal installations within the boundaries

of the Cook Inlet Region whether within or without the areas

withdrawn pursuant to section 11 of the Alaska Native Claims

Settlement Act (43 U.S.C. 1610) or by the Secretary acting

under authority contained in that section: Provided, That no

such additional review under such subparagraph shall be

required of military installations or of such other

installations as may be mutually excluded from review by the

Region and the Secretary: And provided further, That the

Secretary shall not review any property of the Alaska Railroad

unless such property becomes available for selection pursuant

to subsection 12(b)(8)(i)(D) [subsec. (b)(8)(i)(D) of this

note].

"(iii) The concurrence required of the State as to the

inclusion of any property in the pool under subparagraph

I(C)(2)(b) of the document referred to in this section shall be

deemed obtained unless the State advises the Secretary in

writing, within ninety days of receipt of a formal notice from

the Secretary that the Secretary is considering placing

property in the selection pool, that the State, or a

municipality of the State which includes all or part of the

property in question requires the property for a public purpose

of the State or the municipality.

"(iv) The deadlines in subparagraph I(C)(1)(b) of the

document referred to in this section shall be extended for an

additional twenty-four months beyond the dates established in

the Act of July 17, 1980 (Public Law 96-311; 94 Stat. 947)

[amending this note].

"(v) On or before January 15, 1985, the Secretary shall

report to the Congress with respect to:

"(A) such studies and inquiries as shall have been

initiated by the Secretary and the Administrator of General

Services, or have been prepared by other holding agencies, to

determine what lands, except for lands held by the Alaska

Railroad or the State-owned railroad, within the boundaries

of the Cook Inlet Region or elsewhere can be made available

to the Region, to the extent of its entitlement;

"(B) the feasibility and appropriate nature of

reimbursement of the Region for its unfulfilled entitlement

as valued in subsection 12(b)(7)(iv) of this Act [subsec.

(b)(7)(iv) of this note];

"(C) the extent to which implementation of the mechanisms

established in section 12(b)(7) [subsec. (b)(7) of this note]

promise to meet such unfulfilled entitlement;

"(D) such other remedial legislation or administrative

action as may be needed; and

"(E) the need to terminate any mechanism established by law

through which the entitlement of the Region may be completed.

"(9) No disposition or conveyance of property located within

the State to the Region under section 12(b)(6), 12(b)(7) and

12(b)(8), as amended [subsec. (b)(6) to (8) of this note], shall

be made if the property is subject to an express waiver of rights

under the provisions of subparagraph I(C)(2)(f) of the document

referred to in this section, or if such disposition or conveyance

violates valid rights, including valid selections or valid

authorized agreements, of Native Corporations (as such term is

used in section 102(6) of the Alaska National Interest Lands

Conservation Act (16 U.S.C. 3102(6)) or the State existing at the

time of such disposition or conveyance under section 6 of Public

Law 85-508, as amended [set out as a note preceding section 21 of

Title 48, Territories and Insular Possessions] (excepting section

906(e) of the Alaska National Interest Lands Conservation Act

[section 1635(e) of this title]), sections 12(a), 12(b), 16(b) or

22(f) of the Alaska Native Claims Settlement Act [subsec. (a) or

(b) of this section or section 1615(b) or 1621(f) of this title,

respectively], section 12(h) of the Act of January 2, 1976

(Public Law 94-204; 89 Stat. 1154) [subsec. (h) of this note], or

sections 1416, 1418 through 1425 (inclusive), 1427 through 1434

(inclusive), or 1436 of the Alaska National Interest Lands

Conservation Act [not classified to the Code]: Provided, however,

That nothing within this subsection 12(b)(9) [subsec. (b)(9) of

this note] shall diminish such rights and priorities as the

Region has under section 12(b) of the Act of January 2, 1976

(Public Law 94-204; 89 Stat. 1151), as amended by section 4 of

the Act of October 4, 1976 (Public Law 94-456; 90 Stat. 1935),

section 3 of the Act of November 15, 1977 (Public Law 95-178; 91

Stat. 1369), section 2 of the Act of August 14, 1979 (Public Law

96-55; 93 Stat. 386), the Act of July 17, 1980 (Public Law

96-311; 94 Stat. 947), and section 1435 of the Alaska National

Interest Lands Conservation Act [subsec. (b) of this note].

"(10) For the purpose of its incorporation into this section,

paragraph I(C)(1) of the document referred to in this section is

amended as follows: (1) by striking 'withdrawn' and inserting in

lieu thereof 'withdrawn or formerly withdrawn'; (2) by striking

'17(d)(1)' and inserting in lieu thereof '17(d)(1) and (2)'; and

(3) by striking the last sentence of subparagraph I(C)(1)(a) and

inserting in lieu thereof the following: 'Cook Inlet Region,

Incorporated shall not nominate any lands within the boundaries

of any conservation system unit, national conservation area,

national recreation area, national forest, defense withdrawal, or

any lands that were made available to the State for selection

pursuant to sections 2 and 5 of the State-Federal Agreement of

September 1, 1972.'.

"(11) Notwithstanding the provisions of section 906 of the

Alaska National Interest Lands Conservation Act [section 1635 of

this title] and section 6(i) of the Alaska Statehood Act (72

Stat. 339) [set out in a note preceding section 21 of Title 48,

Territories and Insular Possessions];

"(i) The State is hereby authorized to convey to the United

States for reconveyance to the Region, and the Secretary is

directed to accept and so reconvey, lands tentatively approved

for patent or patented to the State, if the State and the

Region enter into an agreement that such lands shall be

reconveyed to the Region to fulfill all or part of its

entitlement under paragraph I(C)(1) of the document referred to

in this section: Provided, That the acreage of lands conveyed

to the United States under this provision shall be added to the

State's unfulfilled entitlement pursuant to section 6 of the

Alaska Statehood Act, and the number of townships to be

nominated, pooled, struck, selected and conveyed pursuant to

paragraph I(C)(1) of the document referred to in this section

shall be reduced accordingly.

"(ii) The Secretary is directed to convey to the Region lands

selected by the State prior to July 18, 1973 or pursuant to

sections 2 and 5 of the State-Federal Agreement of September 1,

1972, if the State relinquishes such selections and enters into

an agreement with the Region that such lands shall be

reconveyed to the Region to fulfill all or part of its

entitlement under paragraph I(C)(1) of the document referred to

in this section, and the number of townships to be nominated,

pooled, struck, selected and conveyed pursuant to paragraph

I(C)(1) of the document referred to in this section shall be

reduced accordingly.

"(iii) The Secretary, in the Secretary's discretion, is

authorized to enter into an agreement with the State and the

Region to implement the authority contained in this section

12(b)(11) [subsec. (b)(11) of this note], which agreement may

provide for conveyances directly from the State to the Region.

Conveyances directly conveyed shall be deemed conveyances from

the Secretary pursuant to the Alaska Native Claims Settlement

Act (43 U.S.C. 1601 et seq.).

"(c) The lands and interests conveyed to the Region under the

foregoing subsections of this section and the lands provided by the

State exchange under subsection (a)(1) of this section, shall be

considered and treated as conveyances under the Settlement Act

[this chapter] unless otherwise provided, and shall constitute the

Region's full entitlement under sections 12(c) and 14(h)(8) of the

Settlement Act [sections 1611(c) and 1613(h)(8) of this title]. Of

such lands, 3.58 townships of oil and gas and coal in the Kenai

National Moose Range shall constitute the full surface and

subsurface entitlement of the Region under section 14(h)(8)

[section 1613(h)(8) of this title]. The lands which would comprise

the difference in acreage between the lands actually conveyed under

and referred to in the foregoing subsections of this section, and

any final determination of what the Region's acreage rights under

sections 12(c) and 14(h)(8) of the Settlement Act [sections 1611(c)

and 1613(h)(8) of this title] would have been, if the conveyances

set forth in this section to the Region had not been executed,

shall be retained by the United States and shall not be available

for conveyance to any Regional Corporation or Village Corporation,

notwithstanding any provisions of the Settlement Act [this chapter]

to the contrary.

"(d)(1) The Secretary shall convey to the State of Alaska all

right, title, and interest of the United States in and to all of

the following lands:

"(i) At least 22.8 townships and no more than 27 townships of

land from those presently withdrawn under section 17(d)(2) of the

Settlement Act [section 1616(d)(2) of this title] in the Lake

Iliamna area and within the Nushagak River or Koksetana River

drainages near lands heretofore selected by the State, the amount

and identities of which shall be determined pursuant to the

document referred to in subsection (b); and

"(ii) 26 townships of lands in the Talkeetna Mountains,

Kamishak Bay, and Tutna Lake areas, the identities of which are

set forth in the document referred to in subsection (b).

All lands granted to the State of Alaska pursuant to this

subsection shall be regarded for all purposes as if conveyed to the

State under and pursuant to section 6 of the Alaska Statehood Act

[set out as a note preceding section 21 of Title 48, Territories

and Insular Possessions]: Provided, however, That this grant of

lands shall not constitute a charge against the total acreage to

which the State is entitled under section 6(b) of the Alaska

Statehood Act.

"(2) The Secretary is authorized and directed to convey to the

State of Alaska, without consideration, all right, title, and

interest of the United States in and to all that tract generally

known as the Campbell tract and more particularly identified in the

document referred to in subsection (b) except for one compact union

of land, which he determines, after consultation with the State of

Alaska, is actually needed by the Bureau of Land Management for its

present operations: Provided, That in no event shall the unit of

land so excepted exceed 1,000 acres in size. The land authorized to

be conveyed pursuant to this paragraph shall be used for public

parks and recreational purposes and other compatible public

purposes. An area encompassing approximately sixty-two acres and

depicted on the map entitled 'Native Heritage Park Proposal' and on

file with the Secretary shall be managed in accordance with the

generalized land use plan outlined in the Greater Anchorage Area

Borough's Far North Bicentennial Park Master Development Plan of

September 1974. Except as provided otherwise in this paragraph, in

making the conveyance authorized and required by this paragraph,

the Secretary shall utilize the procedures of the Recreation and

Public Purposes Act (44 Stat. 741), as amended [section 869 et seq.

of this title], and regulations developed pursuant to that Act, and

the conveyance of such lands shall also contain a provision that,

if the lands cease to be used for the purposes for which they were

conveyed; the lands and title thereto shall revert to the United

States: Provided, however, That the acreage limitation provided by

section 1(b) of that Act, as amended by the Act of June 4, 1954 (68

Stat. 173) [section 869(b) of this title], shall not apply to this

conveyance, nor shall the lands conveyed pursuant to this paragraph

be counted against that acreage limitation with respect to the

State of Alaska or any subdivision thereof: Provided further, That

to the extent necessary, any and all conveyance documents executed

concerning the conveyance of the lands referred to in this proviso

shall be deemed amended accordingly to conform to this proviso.

"(3) The Secretary is authorized and directed to make available

for selection by the State, in its discretion, under section 6 of

the Alaska Statehood Act [set out as a note preceding section 21 of

Title 48, Territories and Insular Possessions], 12.4 townships of

land to be selected from lands within the Talkeetna Mountains and

Koksetna River area as described in the document referred to in

subsection (b).

"(e) The Secretary may, notwithstanding any other provision of

law to the contrary, convey title to lands and interests in lands

selected by Native corporations within the exterior boundaries of

Power Site Classification 443, February 13, 1958, to such

corporations, subject to the reservations required by section 24 of

the Federal Power Act [section 818 of Title 16, Conservation]. This

conveyance shall be considered and treated as a conveyance under

the Settlement Act [this chapter].

"(f) All conveyances of lands made or to be made by the State of

Alaska in satisfaction of the terms and conditions of the document

referred to in subsection (b) of this section shall pass all of the

State's right, title, and interest in such lands, including the

minerals therein, as if those conveyances were made pursuant to

section 22(f) of the Settlement Act [section 1621(f) of this

title], except that dedicated or platted section line easements and

highway and other rights-of-way may be reserved to the State.

"(g) The Secretary, through the National Park Service, shall

provide financial assistance, not to exceed $25,000, hereby

authorized to be appropriated, and technical assistance to the

Region for the purpose of developing and implementing a land use

plan for the west side of Cook Inlet, including an analysis of

alternative uses of such lands.

"(h) Village Corporations within the Cook Inlet Region shall have

until December 18, 1976, to file selections under section 12(b) of

the Settlement Act [section 1611(b) of this title], notwithstanding

any provision of that Act to the contrary.

"(i) The Secretary shall report to the Congress by April 15,

1976, on the implementation of this section. If the State fails to

agree to engage in a transfer with the Federal Government, pursuant

to subsection (a)(1), the Secretary shall prior to December 18,

1976, make no conveyance of the lands that were to be conveyed to

the Region in this section, nor shall he convey prior to such date

the Point Campbell, Point Woronzof, and Campbell tracts, so that

the Congress is not precluded from fashioning an appropriate

remedy. In the event that the State fails to agree as aforesaid,

all rights of the Region that may have been extinguished by this

section shall be restored."

CONVEYANCE TO KONIAG, INC., A REGIONAL CORPORATION, OF THE

SUBSURFACE ESTATE OF LANDS TO BE SELECTED

Pub. L. 94-204, Sec. 15, Jan. 2, 1976, 89 Stat. 1154, as amended

by Pub. L. 96-487, title IX, Sec. 911, Dec. 2, 1980, 94 Stat. 2447,

provided that:

"(a) The Secretary shall convey under section 12(a)(1) and 14(f)

of the Settlement Act [sections 1611(a)(1) and 1613(f) of this

title] to Koniag, Incorporated, a Regional Corporation established

pursuant to section 7 of said Act [section 1606 of this title],

such of the subsurface estate, other than title to or the right to

remove gravel and common varieties of minerals and materials, as is

selected by said corporation from lands withdrawn by Public Land

Order 5397 for identification for selection by it located in the

following described area:

"Township 36 south, range 52 west, all;

"Township 37 south, range 51 west, all;

"Township 37 south, range 52 west, all;

"Township 37 south, range 53 west, sections 1 through 4, 9

through 16, 21 through 24, and the north half of sections 25

through 28;

"Township 38 south, range 51 west, sections 1 through 5, 9, 10,

12, 13, 18, 24, and 25;

"Township 38 south, range 52 west, sections 1 through 35;

"Township 38 south, range 53 west, sections 1, 12, 13, 24, 25,

and 26;

"Township 39 south, range 51 west, sections 1, 6, 7, 16 through

21, 28 through 33, and 36;

"Township 39 south, range 52 west, sections 1, 2, 11 through

15, and 22 through 24;

"Township 39 south, range 53 west, sections 33 through 36, and

the south half of section 26;

"Township 40 south, range 51 west, sections 2 and 6;

"Township 40 south, range 52 west, sections 6 through 10, 15

through 21, and 27 through 36;

"Township 40 south, range 53 west, sections 1 through 19, 21

through 28, and 34 through 36;

"Township 40 south, range 54 west, sections 1 through 34;

"Township 41 south, range 52 west, sections 7, 8, 9, 16, 17,

and 18;

"Township 41 south, range 53 west, sections 1, 4, 5, 8, 9, 11,

12, and 16;

"Township 41 south, range 54 west, section 6, S. M., Alaska;

"Notwithstanding the withdrawal of such lands by Public Land

Order 5179, as amended, pursuant to section 17(d)(2) of the

Settlement Act [section 1616(d)(2) of this title]: Provided, That

notwithstanding the future designation by Congress as part of the

National Park System or other national land system referred to in

section 17(d)(2)(A) of the Settlement Act [section 1616(d)(2)(A) of

this title] of the surface estate overlying any subsurface estate

conveyed as provided in this section, and with or without such

designation, Koniag, Incorporated, shall have such use of the

surface estate, including such right of access thereto, as is

reasonably necessary to the exploration for and the removal of oil

and gas from said subsurface estate, subject to such regulations by

the Secretary as are necessary to protect the ecology from

permanent harm.

"The United States shall make available to Koniag, its successors

and assigns, such sand and gravel as is reasonably necessary for

the construction of facilities and rights-of-way appurtenant to the

exercise of the rights conveyed under this section, pursuant to the

provisions of section 601 et seq., title 30, United States Code,

and the regulations implementing that statute which are then in

effect.

"(b) The subsurface estate in all lands other than those

described in subsection (a) within the Koniag Region and withdrawn

under section 17(d)(2)(E) of the Settlement Act [section

1616(d)(2)(E) of this title], shall not be available for selection

by Koniag Region, Incorporated."

SELECTION OF LANDS BY VILLAGE CORPORATION OF TATITLEK

Pub. L. 94-204, Sec. 16, Jan. 2, 1976, 89 Stat. 1155, provided

that: "Within ninety days after the date of enactment of this Act

[Jan. 2, 1976], the corporation created by the enrolled residents

of the Village of Tatitlek may file selections upon any of the

following described lands: Copper River Meridian

"Township 9 south, range 3 east, sections 23, 26, 31-35.

"Township 10 south, range 3 east, sections 2-27, 34-36.

"Township 11 south, range 4 east, sections 5, 6, 8, 9, 16, 17,

20-22, 27-29, 33-35.

"Township 9 south, range 3 east, sections 3-6, 9-11.

"Township 9 south, range 3 east, sections 14-16, 21, 22, 27,

28.

"The Secretary shall receive and adjudicate such selections as

though they were timely filed pursuant to section 12(a) or 12(b) of

the Settlement Act [section 1611(a) or 1611(b) of this title], and

were withdrawn pursuant to section 11 of that Act [section 1610 of

this title].

"The Secretary shall convey such lands selected pursuant to this

authorization which otherwise comply with the applicable statutes

and regulations. This section shall not be construed to increase

the entitlement of the corporation of the enrolled residents of

Tatitlek or to increase the amount of land that may be selected

from the National Forest System. The subsurface of any land

selected pursuant to this section shall be conveyed to the Regional

Corporation for the Chugach Region pursuant to section 14(f) of the

Settlement Act [section 1613(f) of this title]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1613, 1616, 1620, 1621,

1627, 1629a, 1635, 1641 of this title; title 45 section 1205.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a closing

parenthesis.

(!2) So in original. Probably should be "subsection".

-End-

-CITE-

43 USC Sec. 1612 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 1612. Surveys

-STATUTE-

(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

The Secretary shall survey the areas selected or designated for

conveyance to Village Corporations pursuant to the provisions of

this chapter. He shall monument only exterior boundaries of the

selected or designated areas at angle points and at intervals of

approximately two miles on straight lines. No ground survey or

monumentation will be required along meanderable water boundaries.

He shall survey within the areas selected or designated land

occupied as a primary place of residence, as a primary place of

business, and for other purposes, and any other land to be patented

under this chapter.

(b) Withdrawals, selections, and conveyances pursuant to chapter:

current plats of surveys or protraction diagrams; conformity to

Land Survey System

All withdrawals, selections, and conveyances pursuant to this

chapter shall be as shown on current plats of survey or protraction

diagrams of the Bureau of Land Management, or protraction diagrams

of the Bureau of the State where protraction diagrams of the Bureau

of Land Management are not available, and shall conform as nearly

as practicable to the United States Land Survey System.

-SOURCE-

(Pub. L. 92-203, Sec. 13, Dec. 18, 1971, 85 Stat. 702.)

-End-

-CITE-

43 USC Sec. 1613 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 1613. Conveyance of lands

-STATUTE-

(a) Native villages listed in section 1610 and qualified for land

benefits; patents for surface estates; issuance; acreage

Immediately after selection by a Village Corporation for a Native

village listed in section 1610 of this title which the Secretary

finds is qualified for land benefits under this chapter, the

Secretary shall issue to the Village Corporation a patent to the

surface estate in the number of acres shown in the following table:

If the village had on the 1970 census It shall be

enumeration date a Native population entitled to a

between - patent to an area

of public lands

equal to -

--------------------------------------------------------------------

25 and 99 69,120 acres.

100 and 199 92,160 acres.

200 and 399 115,200 acres.

400 and 599 138,240 acres.

600 or more 161,280 acres.

--------------------------------------------------------------------

The lands patented shall be those selected by the Village

Corporation pursuant to section 1611(a) of this title. In addition,

the Secretary shall issue to the Village Corporation a patent to

the surface estate in the lands selected pursuant to section

1611(b) of this title.

(b) Native villages listed in section 1615 and qualified for land

benefits; patents for surface estates; issuance; acreage

Immediately after selection by any Village Corporation for a

Native village listed in section 1615 of this title which the

Secretary finds is qualified for land benefits under this chapter,

the Secretary shall issue to the Village Corporation a patent to

the surface estate to 23,040 acres. The lands patented shall be the

lands within the township or townships that enclose the Native

village, and any additional lands selected by the Village

Corporation from the surrounding townships withdrawn for the Native

village by section 1615(a) of this title.

(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

Each patent issued pursuant to subsections (a) and (b) of this

section shall be subject to the requirements of this subsection.

Upon receipt of a patent or patents:

(1) the Village Corporation shall first convey to any Native or

non-Native occupant, without consideration, title to the surface

estate in the tract occupied as of December 18, 1971 (except that

occupancy of tracts located in the Pribilof Islands shall be

determined as of the date of initial conveyance of such tracts to

the appropriate Village Corporation) as a primary place of

residence, or as a primary place of business, or as a subsistence

campsite, or as headquarters for reindeer husbandry;

(2) the Village Corporation shall then convey to the occupant,

either without consideration or upon payment of an amount not in

excess of fair market value, determined as of the date of initial

occupancy and without regard to any improvements thereon, title

to the surface estate in any tract occupied as of December 18,

1971 by a nonprofit organization;

(3) the Village Corporation shall then convey to any Municipal

Corporation in the Native village or to the State in trust for

any Municipal Corporation established in the Native village in

the future, title to the remaining surface estate of the improved

land on which the Native village is located and as much

additional land as is necessary for community expansion, and

appropriate rights-of-way for public use, and other foreseeable

community needs: Provided, That the amount of lands to be

transferred to the Municipal Corporation or in trust shall be no

less than 1,280 acres unless the Village Corporation and the

Municipal Corporation or the State in trust can agree in writing

on an amount which is less than one thousand two hundred and

eighty acres: Provided further, That any net revenues derived

from the sale of surface resources harvested or extracted from

lands reconveyed pursuant to this subsection shall be paid to the

Village Corporation by the Municipal Corporation or the State in

trust: Provided, however, That the word "sale", as used in the

preceding sentence, shall not include the utilization of surface

resources for governmental purposes by the Municipal Corporation

or the State in trust, nor shall it include the issuance of free

use permits or other authorization for such purposes;

(4) the Village Corporation shall convey to the Federal

Government, State, or to the appropriate Municipal Corporation,

title to the surface estate for airport sites, airway beacons,

and other navigation aids as such existed on December 18, 1971,

together with such additional acreage and/or easements as are

necessary to provide related governmental services and to insure

safe approaches to airport runways as such airport sites,

runways, and other facilities existed as of December 18, 1971;

and

(5) for a period of ten years after December 18, 1971, the

Regional Corporation shall be afforded the opportunity to review

and render advice to the Village Corporations on all land sales,

leases or other transactions prior to any final commitment.

There is authorized to be appropriated such sums as may be

necessary for the purpose of providing technical assistance to

Village Corporations established pursuant to this chapter in order

that they may fulfill the reconveyance requirements of this

subsection. The Secretary may make funds available as grants to

ANCSA or nonprofit corporations that maintain in-house land

planning and management capabilities.

(d) Rule of approximation with respect to acreage limitations

The Secretary may apply the rule of approximation with respect to

the acreage limitations contained in this section.

(e) Surface and/or subsurface estates to Regional Corporations

Immediately after selection by a Regional Corporation, the

Secretary shall convey to the Regional Corporation title to the

surface and/or the subsurface estates, as is appropriate, in the

lands selected.

(f) Patents to Village Corporations for surface estates and to

Regional Corporations for subsurface estates; excepted lands;

mineral rights, consent of Village Corporations

When the Secretary issues a patent to a Village Corporation for

the surface estate in lands pursuant to subsections (a) and (b) of

this section, he shall issue to the Regional Corporation for the

region in which the lands are located a patent to the subsurface

estate in such lands, except lands located in the National Wildlife

Refuge System and lands withdrawn or reserved for national defense

purposes, including Naval Petroleum Reserve Numbered 4, for which

in lieu rights are provided for in section 1611(a)(1) of this

title: Provided, That the right to explore, develop, or remove

minerals from the subsurface estate in the lands within the

boundaries of any Native village shall be subject to the consent of

the Village Corporation.

(g) Valid existing rights preserved; saving provisions in patents;

patentee rights; administration; proportionate rights of patentee

All conveyances made pursuant to this chapter shall be subject to

valid existing rights. Where, prior to patent of any land or

minerals under this chapter, a lease, contract, permit,

right-of-way, or easement (including a lease issued under section

6(g) of the Alaska Statehood Act) has been issued for the surface

or minerals covered under such patent, the patent shall contain

provisions making it subject to the lease, contract, permit,

right-of-way, or easement, and the right of the lessee, contractee,

permittee, or grantee to the complete enjoyment of all rights,

privileges, and benefits thereby granted to him. Upon issuance of

the patent, the patentee shall succeed and become entitled to any

and all interests of the State or the United States as lessor,

contractor, permitter, or grantor, in any such leases, contracts,

permits, rights-of-way, or easements covering the estate patented,

and a lease issued under section 6(g) of the Alaska Statehood Act

shall be treated for all purposes as though the patent had been

issued to the State. The administration of such lease, contract,

permit, right-of-way, or easement shall continue to be by the State

or the United States, unless the agency responsible for

administration waives administration. In the event that the patent

does not cover all of the land embraced within any such lease,

contract, permit, right-of-way, or easement, the patentee shall

only be entitled to the proportionate amount of the revenues

reserved under such lease, contract, permit, right-of-way, or

easement by the State or the United States which results from

multiplying the total of such revenues by a fraction in which the

numerator is the acreage of such lease, contract, permit,

right-of-way, or easement which is included in the patent and the

denominator is the total acreage contained in such lease, contract,

permit, right-of-way, or easement.

(h) Authorization for land conveyances; surface and subsurface

estates

The Secretary is authorized to withdraw and convey 2 million

acres of unreserved and unappropriated public lands located outside

the areas withdrawn by sections 1610 and 1615 of this title, and

(!1) follows:

(1) The Secretary may withdraw and convey to the appropriate

Regional Corporation fee title to existing cemetery sites and

historical places. Only title to the surface estate shall be

conveyed for lands located in a Wildlife Refuge, when the

cemetery or historical site is greater than 640 acres.

(2) The Secretary may withdraw and convey to a Native group

that does not qualify as a Native village, if it incorporates

under the laws of Alaska, title to the surface estate in not more

than 23,040 acres surrounding the Native group's locality. The

subsurface estate in such land shall be conveyed to the

appropriate Regional Corporation unless the lands are located in

a Wildlife Refuge;

(3) The Secretary may withdraw and convey to the Natives

residing in Sitka, Kenai, Juneau, and Kodiak, if they incorporate

under the laws of Alaska, the surface estate of lands of a

similar character in not more than 23,040 acres of land, which

shall be located in reasonable proximity to the municipalities.

The subsurface estate in such lands shall be conveyed to the

appropriate Regional Corporation unless the lands are located in

a Wildlife Refuge;

(4) The Secretary shall withdraw only such lands surrounding

the villages and municipalities as are necessary to permit the

conveyance authorized by paragraphs (2) and (3) to be planned and

effected;

(5) The Secretary may convey to a Native, upon application

within two years from December 18, 1971, the surface estate in

not to exceed 160 acres of land occupied by the Native as a

primary place of residence on August 31, 1971. Determination of

occupancy shall be made by the Secretary, whose decision shall be

final. The subsurface estate in such lands shall be conveyed to

the appropriate Regional Corporations unless the lands are

located on a Wildlife Refuge;

(6) The Secretary shall charge against the 2 million acres

authorized to be conveyed by this section all allotments approved

pursuant to section 1617 of this title during the four years

following December 18, 1971. Any minerals reserved by the United

States pursuant to the Act of March 8, 1922 (42 Stat. 415), as

amended [43 U.S.C. 270-11 to 270-13],(!2) in a Native Allotment

approved pursuant to section 1617 of this title during the period

December 18, 1971, through December 18, 1975, shall be conveyed

to the appropriate Regional Corporation, unless such lands are

located in a Wildlife Refuge or in the Lake Clark areas as

provided in section 12 of the Act of January 2, 1976 (Public Law

94-204), as amended.

(7) The Secretary may withdraw and convey lands out of the

National Wildlife Refuge System and out of the National Forests,

for the purposes set forth in paragraphs (1), (2), (3), and (5)

of this subsection; and

(8)(A) Any portion of the 2 million acres not conveyed by this

subsection shall be allocated and conveyed to the Regional

Corporations on the basis of population.

(B) Such allocation as the Regional Corporation for

southeastern Alaska shall receive under this paragraph shall be

selected and conveyed from lands that were withdrawn by sections

1615(a) and 1615(d) of this title and not selected by the Village

Corporations in southeastern Alaska; except lands on Admiralty

Island in the Angoon withdrawal area and, without the consent of

the Governor of the State of Alaska or his delegate, lands in the

Saxman and Yakutat withdrawal areas are not available for

selection or conveyance under this paragraph.

(9) Where the Regional Corporation is precluded from receiving

the subsurface estate in lands selected and conveyed pursuant to

paragraph (1), (2), (3), or (5), or the retained mineral estate,

if any, pursuant to paragraph (6), it may select the subsurface

estate in an equal acreage from other lands withdrawn for such

selection by the Secretary, or, as to Cook Inlet Region,

Incorporated, from those areas designated for in lieu selection

in paragraph I.B.(2) of the document identified in section 12(b)

of Public Law 94-204. Selections made under this paragraph shall

be contiguous and in reasonably compact tracts except as

separated by unavailable lands, and shall be in whole sections,

except where the remaining entitlement is less than six hundred

and forty acres. The Secretary is authorized to withdraw, up to

two times the Corporation's entitlement, from vacant,

unappropriated, and unreserved public lands, including lands

solely withdrawn pursuant to section 1616(d)(1) of this title,

and the Regional Corporation shall select such entitlement of

subsurface estate from such withdrawn lands within ninety days of

receipt of notification from the Secretary.

(10) Notwithstanding the provisions of subsection 1621(h) of

this title the Secretary, upon determining that specific lands

are available for withdrawal and possible conveyance under this

subsection, may withdraw such lands for selection by and

conveyance to an appropriate applicant and such withdrawal shall

remain until revoked by the Secretary.

(11) For purposes set forth in paragraphs (1), (2), (3), (5),

and (6) of this subsection, the term Wildlife Refuges refers to

Wildlife Refuges as the boundaries of those refuges exist on

December 18, 1971.

-SOURCE-

(Pub. L. 92-203, Sec. 14, Dec. 18, 1971, 85 Stat. 702; Pub. L.

95-178, Sec. 2, Nov. 15, 1977, 91 Stat. 1369; Pub. L. 96-487, title

XIV, Secs. 1404, 1405, 1406(a)-(d), Dec. 2, 1980, 94 Stat. 2493,

2494; Pub. L. 104-42, title I, Sec. 104, Nov. 2, 1995, 109 Stat.

355.)

-REFTEXT-

REFERENCES IN TEXT

Section 6(g) of the Alaska Statehood Act, referred to in subsec.

(g), is section 6(g) of 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, Territories and Insular Possessions.

Act of March 8, 1922, as amended, referred to in subsec. (h)(6),

is act Mar. 8, 1922, ch. 96, 42 Stat. 415, as amended, which

enacted sections 270-11 to 270-13 of this title. Sections 270-11

and 270-13 of this title were repealed by Pub. L. 94-579, title

VII, Sec. 703(a), Oct. 21, 1976, 90 Stat. 2789. For complete

classification of this Act to the Code, see Tables.

Section 12 of the Act of January 2, 1976 (Public Law 94-204), as

amended, referred to in subsec. (h)(6), (9), is section 12 of Pub.

L. 94-204, Jan. 2, 1976, 89 Stat. 1150, which is set out as a note

under section 1611 of this title.

-MISC1-

AMENDMENTS

1995 - Subsec. (c). Pub. L. 104-42 inserted last par.

1980 - Subsec. (c)(1). Pub. L. 96-487, Sec. 1404(a), inserted "as

of December 18, 1971 (except that occupancy of tracts located in

the Pribilof Islands shall be determined as of the date of initial

conveyance of such tracts to the appropriate Village Corporation)"

after "in the tract occupied".

Subsec. (c)(2). Pub. L. 96-487, Sec. 1404(b), inserted "as of

December 18, 1971" after "in any tract occupied".

Subsec. (c)(3). Pub. L. 96-487, Sec. 1405, inserted provision

authorizing the Village Corporation and the Municipal Corporation

or the State in trust to agree to a lesser amount than 1,280 acres

and requiring any net revenues derived from the sale of surface

resources harvested or extracted from lands reconveyed be paid to

the Village Corporation by the Municipal Corporation or the State

in trust.

Subsec. (c)(4). Pub. L. 96-487, Sec. 1404(c), inserted "as such

existed on December 18, 1971" after "navigation aids" and "as such

airport sites, runways, and other facilities existed as of December

18, 1971" after "airport runways". Amendment, which directed that

subsec. (c)(4) end with a period, was executed by substituting ";

and" to reflect the probable intent of Congress.

Subsec. (h)(1). Pub. L. 96-487, Sec. 1406(a), inserted provision

that only title to the surface estate be conveyed for lands located

in a Wildlife Refuge when the cemetery or historical site is

greater than 640 acres.

Subsec. (h)(2), (5). Pub. L. 96-487, Sec. 1406(b), inserted

"unless the lands are located in a Wildlife Refuge" after "Regional

Corporation".

Subsec. (h)(6). Pub. L. 96-487, Sec. 1406(c), substituted

provision that any minerals reserved by the United States pursuant

to the Act of Mar. 8, 1922, in a Native Allotment approved pursuant

to section 1617 of this title during the period Dec. 18, 1971

through Dec. 18, 1975, be conveyed to the appropriate Regional

Corporation, unless such lands are located in a Wildlife Refuge or

in the Lake Clark areas as provided in section 12 of Act Jan. 2,

1976, for provision that the Secretary charge against the 2 million

acres authorized all allotments approved pursuant to section 1617

of this title during the four years following Dec. 18, 1971.

Subsec. (h)(9) to (11). Pub. L. 96-487, Sec. 1406(d), added pars.

(9) to (11).

1977 - Subsec. (h)(8). Pub. L. 95-178 designated existing

provisions as subpar. (A) and added subpar. (B).

CLAIM TO SUBSURFACE ESTATE OF LANDS IN WILDLIFE REFUGE; ENTITLEMENT

TO IN LIEU SURFACE OR SUBSURFACE ESTATE; TIME LIMITATION; WAIVER

Section 1406(e) of Pub. L. 96-487 provided that: "Any Regional

Corporation which asserts a claim with the Secretary to the

subsurface estate of lands selectable under section 14(h) of the

Alaska Native Claims Settlement Act [subsec. (h) of this section]

which are in a Wildlife Refuge shall not be entitled to any in lieu

surface or subsurface estate provided by subsections 12(c)(4) and

14(h)(9) of such Act [section 1611(c)(4) of this title and subsec.

(h)(9) of this section]. Any such claim must be asserted within one

hundred and eighty days after the date of enactment of this Act

[Dec. 2, 1980]. Failure to assert such claim within the

one-hundred-and-eighty-day period shall constitute a waiver of any

right to such subsurface estate in a Wildlife Refuge as the

boundaries of the refuge existed on the date of enactment of the

Alaska Native Claims Settlement Act [Dec. 18, 1971]."

ESCROW ACCOUNT PENDING CONVEYANCE OF WITHDRAWN LANDS; PROCEEDS NOT

DEPOSITED IN ACCOUNT; PAYMENTS; INTEREST; DEPOSIT OF ACCOUNT IN

UNITED STATES TREASURY; PUBLIC EASEMENTS; AUTHORITY FOR PAYMENT OUT

OF TREASURY FUNDS

Pub. L. 94-204, Sec. 2, Jan. 2, 1976, 89 Stat. 1146, as amended

by Pub. L. 96-487, title XIV, Sec. 1411, Dec. 2, 1980, 94 Stat.

2497; Pub. L. 99-396, Sec. 22, Aug. 27, 1986, 100 Stat. 846; Pub.

L. 100-581, title II, Sec. 218, Nov. 1, 1988, 102 Stat. 2942,

provided that:

"(a)(1) During the period of the appropriate withdrawal for

selection pursuant to the Settlement Act [this chapter], any and

all proceeds derived from contracts, leases, licenses, permits,

rights-of-way, or easements, or from trespass occurring after the

date of withdrawal of the lands for selection, pertaining to lands

or resources of lands, including wildlife proceeds received between

the date of withdrawal and the date of conveyance from harvests on

lands conveyed pursuant to the Act, withdrawn for Native selection

pursuant to the Settlement Act shall be deposited in an escrow

account which shall be held by the Secretary until lands selected

pursuant to that Act have been conveyed to the selecting

Corporation or individual entitled to receive benefits under such

Act.

"(2) Such proceeds which were received, if any, subsequent to the

date of withdrawal of the land for selection, but were not

deposited in the escrow account shall be identified by the

Secretary within two years of the date of conveyance or this Act

[probably means Dec. 2, 1980], whichever is later, and shall be

paid, together with interest payable on the proceeds from the date

of receipt by the United States to the date of payment to the

appropriate Corporation or individual to which the land was

conveyed by the United States: Provided, That the interest on

proceeds received prior to January 2, 1976, shall be calculated and

paid at the rate of the earnings on Individual Indian Moneys in the

custody of the Secretary of the Interior pursuant to sections 463

and 465 of the Revised Statutes (25 U.S.C. 2 and 9) and invested by

him pursuant to the Act of June 24, 1938 (25 U.S.C. 162a), from the

date of receipt to January 2, 1976. Effective January 2, 1976, the

interest so calculated shall be added to the principal amount of

such proceeds. The interest on this total amount and on proceeds

received on or after January 2, 1976, shall be calculated and paid

as though such proceeds and previously calculated interest had been

deposited in the escrow account from January 2, 1976, or the date

of receipt, whichever occurs later, to the date of payment to the

affected Corporation.[:] Provided further, That any rights of a

Corporation or individual under this section to such proceeds shall

be limited to proceeds actually received by the United States plus

interest: And provided further, That moneys for such payments have

been appropriated as provided in subsection (e) of this section.

"(3) Such proceeds which have been deposited in the escrow

account shall be paid, together with interest accrued by the

Secretary to the appropriate Corporation or individual upon

conveyance of the particular withdrawn lands. In the event that a

conveyance does not cover all of the land embraced within any

contract, lease, license, permit, right-of-way, easement, or

trespass, the Corporation or individual shall only be entitled to

the proportionate amount of the proceeds, including interest

accrued, derived from such contract, lease, license, permit,

right-of-way, or easement, which results from multiplying the total

of such proceeds, including interest accrued, by a fraction in

which the numerator is the acreage of such contract, lease,

license, permit, right-of-way, or easement which is included in the

conveyance and the denominator is the total acreage contained in

such contract, lease, license, permit, right-of-way, or easement;

in the case of trespass, the conveyee shall be entitled to the

proportionate share of the proceeds, including a proportionate

share of interest accrued, in relation to the damages occurring on

the respective lands during the period the lands were withdrawn for

selection.

"(4) Such proceeds which have been deposited in the escrow

account pertaining to lands withdrawn but not selected pursuant to

such Act [this chapter], or selected but not conveyed due to

rejection or relinquishment of the selection, shall be paid,

together with interest accrued, as would have been required by law

were it not for the provisions of 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].

"(5) Lands withdrawn under this subsection include all Federal

lands identified under appendices A, B-1, and B-2 of the document

referred to in section 12 of the Act of January 2, 1976 (Public Law

94-204) [set out as a note under section 1611 of this title] for

Cook Inlet Region, Incorporated, and are deemed withdrawn as of the

date established in subsection (a) of section 2 of the Act of

January 2, 1976 [this subsection].

"(b) The Secretary is authorized to deposit in the Treasury of

the United States the escrow account proceeds referred to in

subsection (a) of this section, and the United States shall pay

interest thereon semiannually from the date of deposit to the date

of payment with simple interest at the rate determined by the

Secretary of the Treasury to be the rate payable on short-term

obligations of the United States prevailing at the time of payment:

Provided, That the Secretary in his discretion may withdraw such

proceeds from the United States Treasury and reinvest such proceeds

in the manner provided by the first section of the Act of June 24,

1938 (52 U.S.C. 1037) [section 162a of Title 25, Indians]: Provided

further, That this section shall not 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].

"(c) Any and all proceeds from public easements reserved pursuant

to section 17(b)(3) of the Settlement Act [section 1616(b)(3) of

this title], from or after the date of enactment of this Act [Jan.

2, 1976], shall be paid to the grantee of such conveyance in

accordance with such grantee's proportionate share.

"(d) To the extent that there is a conflict between the

provisions of this section and any other Federal laws applicable to

Alaska, the provisions of this section will govern. Any payment

made to any corporation or any individual under authority of this

section shall not be subject to any prior obligation under section

9(d) or 9(f) of the Settlement Act [section 1608(d) or section

1608(f) of this title].

"(e) The Secretary shall calculate the amounts payable pursuant

to this section and notify the affected Corporation of the results

of his calculations. The affected Corporation shall have thirty

days in which to appeal the Secretary's calculations after which

the Secretary shall promptly make a final determination of the

amounts payable. The Secretary shall certify such final

determinations to the Secretary of the Treasury and each

determination shall constitute a final judgment, award, or

compromise settlement under section 1304 of title 31 of the United

States Code. The Secretary of the Treasury is authorized and

directed to pay such amounts to the appropriate Corporation out of

funds in the Treasury: Provided, That if the lands from which the

proceeds and interest entitlement are derived have not been

conveyed to the selecting Native Corporation at the time the

Secretary makes his final determination, the Secretary of the

Treasury is authorized and directed to pay such amount into the

escrow account where it will earn interest and be disbursed in the

same manner as other proceeds and interest."

BOUNDARY BETWEEN SOUTHEASTERN AND CHUGACH REGIONS; HUNTING AND

FISHING RIGHTS OF NATIVES OF VILLAGE OF YAKUTAT

Pub. L. 94-204, Sec. 11, Jan. 2, 1976, 89 Stat. 1150, provided

that: "The boundary between the southeastern and Chugach regions

shall be the 141st meridian: Provided, That the Regional

Corporation for the Chugach region shall accord to the Natives

enrolled to the Village of Yakutat the same rights and privileges

to use any lands which may be conveyed to the Regional Corporation

in the vicinity of Icy Bay for such purposes as such Natives have

traditionally made thereof, including, but not limited to,

subsistence hunting, fishing and gathering, as the Regional

Corporation accords to its own shareholders, and shall take no

unreasonable or arbitrary action relative to such lands for the

primary purpose and having the effect, of impairing or curtailing

such rights and privileges."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1610, 1611, 1615, 1617,

1618, 1620, 1621, 1627, 1629a, 1629b, 1629d, 1632, 1633, 1635,

1636, 1638, 1641 of this title; title 16 sections 3102, 3192; title

25 section 3902; title 30 section 1702; title 45 section 1205.

-FOOTNOTE-

(!1) So in original. Probably should be "as".

(!2) See References in Text note below.

-End-

-CITE-

43 USC Sec. 1614 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 1614. Timber sale contracts; modification; timber from

contingency area

-STATUTE-

(a) Notwithstanding the provisions of existing National Forest

timber sale contracts that are directly affected by conveyances

authorized by this chapter, the Secretary of Agriculture is

authorized to modify any such contract, with the consent of the

purchaser, by substituting, to the extent practicable, timber on

other national forest lands approximately equal in volume, species,

grade, and accessibility for timber standing on any land affected

by such conveyances, and, on request of the appropriate Village

Corporation the Secretary of Agriculture is directed to make such

substitution to the extent it is permitted by the timber sale

contract without the consent of the purchaser.

(b) No land conveyed to a Native Corporation pursuant to this

chapter or by operation of the Alaska National Interest Lands

Conservation Act which is within a contingency area designated in a

timber sale contract let by the United States shall thereafter be

subject to such contract or to entry or timbering by the

contractor. Until a Native Corporation has received conveyances to

all of the land to which it is entitled to receive under the

appropriate section or subsection of this chapter, for which the

land was withdrawn or selected, no land in such a contingency area

that has been withdrawn and selected, or selected, by such

Corporation under this chapter shall be entered by the timber

contractor and no timber shall be cut thereon, except by agreement

with such Corporation. For purposes of this subsection, the term

"contingency area" means any area specified in a timber sale

contract as an area from which the timber contractor may harvest

timber if the volume of timber specified in the contract cannot be

obtained from one or more areas definitely designated for timbering

in the contract.

-SOURCE-

(Pub. L. 92-203, Sec. 15, Dec. 18, 1971, 85 Stat. 705; Pub. L.

96-487, title IX, Sec. 908, Dec. 2, 1980, 94 Stat. 2447.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska National Interest Lands Conservation Act, referred to

subsec. (b), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as

amended. For complete classification of this Act to the Code, see

Short Title note set out under section 3101 of Title 16,

Conservation, and Tables.

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-487 designated existing provision as subsec.

(a) and added subsec. (b).

-End-

-CITE-

43 USC Sec. 1615 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 1615. Withdrawal and selection of public lands; funds in lieu

of acreage

-STATUTE-

(a) Withdrawal of public lands; list of Native villages

All public lands in each township that encloses all or any part

of a Native village listed below, and in each township that is

contiguous to or corners on such township, except lands withdrawn

or reserved for national defense purposes, are hereby withdrawn,

subject to valid existing rights, from all forms of appropriation

under the public land laws, including the mining and mineral

leasing laws, and from selection under the Alaska Statehood Act, as

amended:

Angoon, Southeast.

Craig, Southeast.

Hoonah, Southeast.

Hydaburg, Southeast.

Kake, Southeast.

Kasaan, Southeast.

Klawock, Southeast.

Saxman, Southeast.

Yakutat, Southeast.

(b) Native land selections; Village Corporations for listed Native

villages; acreage; proximity of selections; conformity to Lands

Survey System

During a period of three years from December 18, 1971, each

Village Corporation for the villages listed in subsection (a) of

this section shall select, in accordance with rules established by

the Secretary, an area equal to 23,040 acres, which must include

the township or townships in which all or part of the Native

village is located, plus, to the extent necessary, withdrawn lands

from the townships that are contiguous to or corner on such

townships. All selections shall be contiguous and in reasonably

compact tracts, except as separated by bodies of water, and shall

conform as nearly as practicable to the United States Lands Survey

System.

(c) Tlingit-Haida settlement

The funds appropriated by the Act of July 9, 1968 (82 Stat. 307),

to pay the judgment of the Court of Claims in the case of The

Tlingit and Haida Indians of Alaska, et al. against The United

States, numbered 47,900, and distributed to the Tlingit and Haida

Indians pursuant to the Act of July 13, 1970 (84 Stat. 431) [25

U.S.C. 1211], are in lieu of the additional acreage to be conveyed

to qualified villages listed in section 1610 of this title.

(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

(1) The Secretary is authorized and directed to withdraw seventy

thousand acres of public lands, as defined in section 1602 of this

title, in order that the Village Corporation for the village of

Klukwan may select twenty-three thousand and forty acres of land.

Such Corporation and the shareholders thereof shall otherwise

participate fully in the benefits provided by this chapter to the

same extent as they would have participated had they not elected to

acquire title to their former reserve as provided by section

1618(b) of this title: Provided, That nothing in this subsection

shall affect the existing entitlement of any Regional Corporation

to lands pursuant to section 1613(h)(8) of this title: Provided

further, That no such lands shall be withdrawn from an area

previously withdrawn as a forest reserve without prior consultation

with the Secretary of Agriculture: Provided further, That the

foregoing provisions of this subsection shall not become effective

unless and until the Village Corporation for the village of Klukwan

shall quitclaim to Chilkat Indian Village, organized under the

provisions of the Act of June 18, 1934 (48 Stat. 984), as amended

by the Act of May 1, 1936 (49 Stat. 1250) [25 U.S.C. 461 et seq.],

all its right, title, and interest in the lands of the reservation

defined in and vested by the Act of September 2, 1957 (71 Stat.

596), which lands are hereby conveyed and confirmed to said Chilkat

Indian Village in fee simple absolute, free of trust and all

restrictions upon alienation, encumbrance, or otherwise: Provided

further, That the United States and the Village Corporation for the

village of Klukwan shall also quitclaim to said Chilkat Indian

Village any right or interest they may have in and to income

derived from the reservation lands defined in and vested by the Act

of September 2, 1957, after December 18, 1971, and prior to January

2, 1976.

(2) The lands withdrawn by the Secretary pursuant to paragraph

(1) of this subsection shall be located in the southeastern Alaska

region and shall be of similar character and comparable value, to

the extent possible, to those of the Chilkat Valley surrounding the

village of Klukwan. Such withdrawal shall be made within six months

of October 4, 1976, and the Village Corporation for the village of

Klukwan shall select, within one year from the time that the

withdrawal is made, and be conveyed, twenty-three thousand and

forty acres. None of the lands withdrawn by the Secretary for

selection by the Village Corporation for the village of Klukwan

shall have been selected by, or be subject to an outstanding

nomination for selection by, any other Native Corporation organized

pursuant to this chapter, or located on Admiralty Island.

-SOURCE-

(Pub. L. 92-203, Sec. 16, Dec. 18, 1971, 85 Stat. 705; Pub. L.

94-204, Secs. 9, 10, Jan. 2, 1976, 89 Stat. 1150; Pub. L. 94-456,

Sec. 1, Oct. 4, 1976, 90 Stat. 1934; Pub. L. 95-178, Sec. 1, Nov.

15, 1977, 91 Stat. 1369.)

-REFTEXT-

REFERENCES IN TEXT

The public land laws, referred to in subsec. (a), are classified

generally to this title.

The mining laws and the mineral leasing laws, referred to in

subsec. (a), are classified generally to Title 30, Mineral Lands

and Mining.

The Alaska Statehood Act, as amended, referred to in subsec. (a),

is Pub. L. 85-508, July 7, 1958, 72 Stat. 239, as amended, which is

set out as a note preceding section 21 of Title 48, Territories and

Insular Possessions. For complete classification of this Act to the

Code, see Tables.

Act of July 9, 1968 (82 Stat. 307), referred to in subsec. (c),

is Pub. L. 90-392, July 9, 1968, 82 Stat. 307, known as the Second

Supplemental Appropriation Act, 1968, which is not classified to

the Code.

The United States Court of Claims, referred to in subsec. (c),

and the United States Court of Customs and Patent Appeals were

merged effective Oct. 1, 1982, into a new United States Court of

Appeals for the Federal Circuit by Pub. L. 97-164, Apr. 2, 1982, 96

Stat. 25, which also created a United States Claims Court [now

United States Court of Federal Claims] that inherited the trial

jurisdiction of the Court of Claims. See sections 48, 171 et seq.,

791 et seq., and 1491 et seq. of Title 28, Judiciary and Judicial

Procedure.

Act of July 13, 1970 (84 Stat. 431), referred to in subsec. (c),

is Pub. L. 91-335, July 13, 1970, 84 Stat. 431, which enacted

section 1211 of Title 25, Indians. For complete classification of

this Act to the Code, see Tables.

Act of June 18, 1934, as amended by the Act of May 1, 1936,

referred to in subsec. (d)(1), is act June 18, 1934, ch. 576, 48

Stat. 984, as amended by act May 1, 1936, ch. 254, Sec. 1, 49 Stat.

1250, popularly known as the Indian Reorganization Act, is

classified generally to subchapter V (Sec. 461 et seq.) of chapter

14 of Title 25. For complete classification of this Act to the

Code, see Short Title note set out under section 461 of Title 25

and Tables.

Act of September 2, 1957, referred to in subsec. (d)(1), is Pub.

L. 85-271, Sept. 2, 1957, 71 Stat. 596, which is not classified to

the Code.

-MISC1-

AMENDMENTS

1977 - Subsec. (b). Pub. L. 95-178 struck out provisions relating

to allocations received by the Regional Corporation for the

southeastern Alaska region under section 1613(h)(8) of this title

and selection and conveyance of such allocated lands.

1976 - Subsec. (a). Pub. L. 94-456, Sec. 1(a), struck out

"Klukwan, Southeast." from list of villages.

Subsec. (b). Pub. L. 94-204, Sec. 10, inserted provisions

relating to the selection and conveyance of such allocation as the

Regional Corporation for the southeastern Alaska region shall

receive.

Subsec. (d). Pub. L. 94-456, Sec. 1(b), designated existing

provisions as par. (1), substituting provision relating to

authorization and direction of Secretary to withdraw lands in order

that the Village Corporation may select twenty-three thousand and

forty acres for provision that the lands enclosing and surrounding

the village which were withdrawn by subsec. (a) are rewithdrawn to

the same extent and for the same purposes as provided by said

subsec. (a) for one year from January 2, 1976, during which the

Village Corporation shall select an area equal to twenty-three

thousand and forty acres in accordance with subsec. (b) and

inserting proviso against withdrawal of such lands from an area

previously withdrawn as a forest reserve without prior consultation

with the Secretary of Agriculture, and added par. (2).

Pub. L. 94-204, Sec. 9, added subsec. (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1602, 1611, 1613, 1621,

1629h, 1641 of this title.

-End-

-CITE-

43 USC Sec. 1616 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 1616. Joint Federal-State Land Use Planning Commission for

Alaska

-STATUTE-

(a), (b) Omitted

(c) Prohibition against selection of lands from withdrawn area in

event of withdrawal of utility and transportation corridor across

public lands

In the event that the Secretary withdraws a utility and

transportation corridor across public lands in Alaska pursuant to

his existing authority, the State, the Village Corporations and the

Regional Corporations shall not be permitted to select lands from

the area withdrawn.

(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

(1) Public Land Order Numbered 4582, 34 Federal Register 1025, as

amended, is hereby revoked. For a period of ninety days after

December 18, 1971, all unreserved public lands in Alaska are hereby

withdrawn from all forms of appropriation under the public land

laws, including the mining (except locations for metalliferous

minerals) and the mineral leasing laws. During this period of time

the Secretary shall review the public lands in Alaska and determine

whether any portion of these lands should be withdrawn under

authority provided for in existing law to insure that the public

interest in these lands is properly protected. Any further

withdrawal shall require an affirmative act by the Secretary under

his existing authority, and the Secretary is authorized to classify

or reclassify any lands so withdrawn and to open such lands to

appropriation under the public land laws in accord with his

classifications. Withdrawals pursuant to this paragraph shall not

affect the authority of the Village Corporations, the Regional

Corporations, and the State to make selections and obtain patents

within the areas withdrawn pursuant to section 1610 of this title.

(2)(A) The Secretary, acting under authority provided for in

existing law, is directed to withdraw from all forms of

appropriation under the public land laws, including the mining and

mineral leasing laws, and from selection under the Alaska Statehood

Act, and from selection by Regional Corporations pursuant to

section 1610 of this title, up to, but not to exceed, eighty

million acres of unreserved public lands in the State of Alaska,

including previously classified lands, which the Secretary deems

are suitable for addition to or creation as units of the National

Park, Forest, Wildlife Refuge, and Wild and Scenic Rivers Systems:

Provided, That such withdrawals shall not affect the authority of

the State and the Regional and Village Corporations to make

selections and obtain patents within the areas withdrawn pursuant

to section 1610 of this title.

(B) Lands withdrawn pursuant to paragraph (A) hereof must be

withdrawn within nine months of December 18, 1971. All unreserved

public lands not withdrawn under paragraph (A) or subsection (d)(1)

of this section shall be available for selection by the State and

for appropriation under the public land laws.

(C) Every six months, for a period of two years from December 18,

1971, the Secretary shall advise the Congress of the location, size

and values of lands withdrawn pursuant to paragraph (A) and submit

his recommendations with respect to such lands. Any lands withdrawn

pursuant to paragraph (A) not recommended for addition to or

creation as units of the National Park, Forest, Wildlife Refuge,

and Wild and Scenic Rivers Systems at the end of the two years

shall be available for selection by the State and the Regional

Corporations, and for appropriations under the public land laws.

(D) Areas recommended by the Secretary pursuant to paragraph (C)

shall remain withdrawn from any appropriation under the public land

laws until such time as the Congress acts on the Secretary's

recommendations, but not to exceed five years from the

recommendation dates. The withdrawal of areas not so recommended

shall terminate at the end of the two year period.

(E) Notwithstanding any other provision of this subsection,

initial identification of lands desired to be selected by the State

pursuant to the Alaska Statehood Act and by the Regional

Corporations pursuant to section 1611 of this title may be made

within any area withdrawn pursuant to this subsection (d), but such

lands shall not be tentatively approved or patented so long as the

withdrawals of such areas remain in effect: Provided, That

selection of lands by Village Corporations pursuant to section 1611

of this title shall not be affected by such withdrawals and such

lands selected may be patented and such rights granted as

authorized by this chapter. In the event Congress enacts

legislation setting aside any areas withdrawn under the provisions

of this subsection which the Regional Corporations or the State

desired to select, then other unreserved public lands shall be made

available for alternative selection by the Regional Corporations

and the State. Any time periods established by law for Regional

Corporations or State selections are hereby extended to the extent

that delays are caused by compliance with the provisions of this

subsection (2).

(3) Any lands withdrawn under this section shall be subject to

administration by the Secretary under applicable laws and

regulations, and his authority to make contracts and to grant

leases, permits, rights-of-way, or easements shall not be impaired

by the withdrawal.

-SOURCE-

(Pub. L. 92-203, Sec. 17, Dec. 18, 1971, 85 Stat. 706; Pub. L.

94-204, Sec. 7, Jan. 2, 1976, 89 Stat. 1149.)

-REFTEXT-

REFERENCES IN TEXT

Alaska Statehood Act, referred to in subsec. (d)(2)(A), (E), 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, Territories and

Insular Possessions. For complete classification of this Act to the

Code, see Tables.

The public land laws, referred to in subsec. (d)(1), (2)(B) to

(D), are classified generally to this title.

The mining laws and the mineral leasing laws, referred to in

subsec. (d)(1), are classified generally to Title 30, Mineral Lands

and Mining.

-COD-

CODIFICATION

Subsecs. (a) and (b) of this section, which related to the

establishment, membership, compensation, procedures, duties and

powers of the Joint Federal-State Land Use Planning Commission for

Alaska and authorized the Commission to identify public easements

across selected lands in Alaska, were omitted pursuant to former

subsec. (a)(10) of this section which provided that the Commission

was to cease to exist effective June 30, 1979.

-MISC1-

AMENDMENTS

1976 - Subsec. (a)(10). Pub. L. 94-204 extended the life of the

Commission from Dec. 31, 1976 to June 30, 1979, directed the

submission of multiple reports, with an interim report to be

submitted on or before May 30, 1976, and extended from May 30, 1976

to May 30, 1979 the date on or before which the final report shall

be submitted.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1602, 1610, 1611, 1613,

1618, 1621, 1633, 1635, 1641 of this title; title 16 section

410hh-3.

-End-

-CITE-

43 USC Sec. 1617 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 1617. Indian allotment authority in Alaska; revocation;

charging allotments on pending application against statutory

acreage grant; relocation of allotment

-STATUTE-

(a) Revocation of authority

No Native covered by the provisions of this chapter, and no

descendant of his, may hereafter avail himself of an allotment

under the provisions of the Act of February 8, 1887 (24 Stat. 389),

as amended and supplemented, or the Act of June 25, 1910 (36 Stat.

363). Further, the Act of May 17, 1906 (34 Stat. 197), as amended,

is repealed. Notwithstanding the foregoing provisions of this

section, any application for an allotment that is pending before

the Department of the Interior on December 18, 1971, may, at the

option of the Native applicant, be approved and a patent issued in

accordance with said 1887, 1910, or 1906 Act, as the case may be,

in which event the Native shall not be eligible for a patent under

section 1613(h)(5) of this title.

(b) Charging allotment against statutory grant

Any allotments approved pursuant to this section during the four

years following December 18, 1971, shall be charged against the two

million acre grant provided for in section 1613(h) of this title.

(c) Relocation of allotment

(1)(A) Notwithstanding any other provision of law, an allotment

applicant, who had a valid application pending before the

Department of the Interior on December 18, 1971, and whose

application remains pending as of October 14, 1992, may amend the

land description in the application of the applicant (with the

advice and approval of the responsible officer of the Bureau of

Indian Affairs) to describe land other than the land that the

applicant originally intended to claim if -

(i) the application pending before the Department, either

describes land selected by, tentatively approved to, or patented

to the State of Alaska or otherwise conflicts with an interest in

land granted to the State of Alaska by the United States prior to

the filing of the allotment application;

(ii) the amended land description describes land selected by,

tentatively approved to, or patented to the State of Alaska of

approximately equal acreage in substitution for the land

described in the original application; and

(iii) the Commissioner of the Department of Natural Resources

for the State of Alaska, acting under the authority of State law,

has agreed to reconvey or relinquish to the United States the

land, or interest in land, described in the amended application.

(B) If an application pending before the Department of the

Interior as described in subparagraph (A) describes land selected

by, but not tentatively approved to or patented to, the State of

Alaska, the concurrence of the Secretary of the Interior shall be

required in order for an application to proceed under this section.

(2)(A) The Secretary shall accept reconveyance or relinquishment

from the State of Alaska of the land described in an amended

application pursuant to paragraph (1)(A), except where the land

described in the amended application is State-owned land within the

boundaries of a conservation system unit as defined in the Alaska

National Interest Lands Conservation Act. Upon acceptance, the

Secretary shall issue a Native Allotment certificate to the

applicant for the land reconveyed or relinquished by the State of

Alaska to the United States.

(B) The Secretary shall adjust the computation of the acreage

charged against the land entitlement of the State of Alaska to

ensure that this subsection will not cause the State to receive

either more or less than its full land entitlement under section 6

of the Act entitled "An Act to provide for the admission of the

State of Alaska into the Union", approved July 7, 1958 (commonly

referred to as the "Alaska Statehood Act"), and section 906 of the

Alaska National Interest Lands Conservation Act (43 U.S.C. 1635).

If the State retains any part of the fee estate, the State shall

remain charged with the acreage.

-SOURCE-

(Pub. L. 92-203, Sec. 18, Dec. 18, 1971, 85 Stat. 710; Pub. L.

102-415, Sec. 3, Oct. 14, 1992, 106 Stat. 2112.)

-REFTEXT-

REFERENCES IN TEXT

Act of February 8, 1887 (24 Stat. 389), referred to in subsec.

(a), is popularly known as the Indian General Allotment Act. For

complete classification of this Act to the Code, see Short Title

note set out under section 331 of Title 25, Indians, and Tables.

Act of June 25, 1910 (36 Stat. 363), referred to in subsec. (a),

probably means act June 25, 1910, ch. 431, 36 Stat. 855, which

enacted section 148 of this title, sections 104 and 107 of former

Title 18, Criminal Code and Criminal Procedure, sections 47, 93,

151, 191, 202, 312, 331, 333, 336, 337, 344a, 351, 352, 353, 372,

373, 403, 406, 407, 408 of Title 25, sections 6a-1 and 16a of Title

41, Public Contracts. Sections 104 and 107 of former Title 18 were

repealed in the general revision of that title by act June 25,

1948, ch. 645, 62 Stat. 683, and were reenacted as sections 1853

and 1856 of Title 18, Crimes and Criminal Procedure. For complete

classification of this Act to the Code, see Tables.

Act of May 17, 1906 (34 Stat. 197), as amended, referred to in

subsec. (a), is act May 17, 1906, ch. 2469, 34 Stat. 197, which

enacted sections 270-1, 270-2, and 270-3 of this title, and was

repealed by Pub. L. 92-203, Sec. 18(a), Dec. 18, 1971, 85 Stat.

710. For complete classification of this Act to the Code, see

Tables.

The Alaska National Interest Lands Conservation Act, referred to

in subsec. (c)(2)(A), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat.

2371, as amended. For complete classification of this Act to the

Code, see Short Title note set out under section 3101 of Title 16,

Conservation, and Tables.

Section 6 of the Act entitled "An Act to provide for the

admission of the State of Alaska into the Union", approved July 7,

1958 (commonly referred to as the "Alaska Statehood Act"), referred

to in subsec. (c)(2)(B), is section 6 of 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, Territories and Insular

Possessions.

-MISC1-

AMENDMENTS

1992 - Subsec. (c). Pub. L. 102-415 added subsec. (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1613 of this title.

-End-

-CITE-

43 USC Sec. 1618 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 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

-STATUTE-

(a) Revocation of reserved rights; excepted reserve

Notwithstanding any other provision of law, and except where

inconsistent with the provisions of this chapter, the various

reserves set aside by legislation or by Executive or Secretarial

Order for Native use or for administration of Native affairs,

including those created under section 497 of title 25, are hereby

revoked subject to any valid existing rights of non-Natives. This

section shall not apply to the Annette Island Reserve established

by section 495 of title 25 and no person enrolled in the Metlakatla

Indian community of the Annette Island Reserve shall be eligible

for benefits under this chapter.

(b) Acquisition of title to surface and subsurface estates in

reserve; election of Village Corporations

Notwithstanding any other provision of law or of this chapter,

any Village Corporation or Corporations may elect within two years

to acquire title to the surface and subsurface estates in any

reserve set aside for the use or benefit of its stockholders or

members prior to December 18, 1971. If two or more villages are

located on such reserve, the election must be made by all of the

members or stockholders of the Village Corporations concerned. In

such event, the Secretary shall convey the land to the Village

Corporation or Corporations, subject to valid existing rights as

provided in section 1613(g) of this title, and the Village

Corporation shall not be eligible for any other land selections

under this chapter or to any distribution of Regional Corporations

funds pursuant to section 1606 of this title, and the enrolled

residents of the Village Corporation shall not be eligible to

receive Regional Corporation stock.

(c) Restoration of land to Elim Native Corporation

(1) Findings

The Congress finds that -

(A) approximately 350,000 acres of land were withdrawn by

Executive orders in 1917 for the use of the United States

Bureau of Education and of the Natives of Indigenous Alaskan

race;

(B) these lands comprised the Norton Bay Reservation (later

referred to as Norton Bay Native Reserve) and were set aside

for the benefit of the Native inhabitants of the Eskimo Village

of Elim, Alaska;

(C) in 1929, 50,000 acres of land were deleted from the

Norton Bay Reservation by Executive order;

(D) the lands were deleted from the Reservation for the

benefit of others;

(E) the deleted lands were not available to the Native

inhabitants of Elim under subsection (b) of this section at the

time of passage of this chapter;

(F) the deletion of these lands has been and continues to be

a source of deep concern to the indigenous people of Elim; and

(G) until this matter is dealt with, it will continue to be a

source of great frustration and sense of loss among the

shareholders of the Elim Native Corporation and their

descendants.

(2) Withdrawal

The lands depicted and designated "Withdrawal Area" on the map

dated October 19, 1999, along with their legal descriptions, on

file with the Bureau of Land Management, and entitled "Land

Withdrawal Elim Native Corporation", are hereby withdrawn,

subject to valid existing rights, from all forms of appropriation

or disposition under the public land laws, including the mining

and mineral leasing laws, for a period of 2 years from May 2,

2000, for selection by the Elim Native Corporation (hereinafter

referred to as "Elim").

(3) Authority to select and convey

Elim is authorized to select in accordance with the rules set

out in this paragraph, 50,000 acres of land (hereinafter referred

to as "Conveyance Lands") within the boundary of the Withdrawal

Area described in paragraph (2). The Secretary is authorized and

directed to convey to Elim in fee the surface and subsurface

estates to 50,000 acres of valid selections in the Withdrawal

Area, subject to the covenants, reservations, terms and

conditions and other provisions of this subsection.

(A) Elim shall have 2 years from May 2, 2000, in which to

file its selection of no more than 60,000 acres of land from

the area described in paragraph (2). The selection application

shall be filed with the Bureau of Land Management, Alaska State

Office, shall describe a single tract adjacent to United States

Survey No. 2548, Alaska, and shall be reasonably compact,

contiguous, and in whole sections except when separated by

unavailable land or when the remaining entitlement is less than

a whole section. Elim shall prioritize its selections made

pursuant to this subsection at the time such selections are

filed, and such prioritization shall be irrevocable. Any lands

selected shall remain withdrawn until conveyed or full

entitlement has been achieved.

(B) The selection filed by Elim pursuant to this subsection

shall be subject to valid existing rights and may not supercede

prior selections of the State of Alaska, any Native

corporation, or valid entries of any private individual unless

such selection or entry is relinquished, rejected, or abandoned

prior to conveyance to Elim.

(C) Upon receipt of the Conveyance Lands, Elim shall have all

legal rights and privileges as landowner, subject only to the

covenants, reservations, terms and conditions specified in this

subsection.

(D) Selection by Elim of lands under this subsection and

final conveyance of those lands to Elim shall constitute full

satisfaction of any claim of entitlement of Elim with respect

to its land entitlement.

(4) Covenants, reservations, terms and conditions

The covenants, reservations, terms and conditions set forth in

this paragraph and in paragraphs (5) and (6) with respect to the

Conveyance Lands shall run with the land and shall be

incorporated into the interim conveyance, if any, and patent

conveying the lands to Elim.

(A) Consistent with paragraph (3)(C) and subject to the

applicable covenants, reservations, terms and conditions

contained in this paragraph and paragraphs (5) and (6), Elim

shall have all rights to the timber resources of the Conveyance

Lands for any use including, but not limited to, construction

of homes, cabins, for firewood and other domestic uses on any

Elim lands: Provided, That cutting and removal of Merchantable

Timber from the Conveyance Lands for sale shall not be

permitted: Provided further, That Elim shall not construct

roads and related infrastructure for the support of such

cutting and removal of timber for sale or permit others to do

so. "Merchantable Timber" means timber that can be harvested

and marketed by a prudent operator.

(B) Public Land Order 5563 of December 16, 1975, which made

hot or medicinal springs available to other Native Corporations

for selection and conveyance, is hereby modified to the extent

necessary to permit the selection by Elim of the lands

heretofore encompassed in any withdrawal of hot or medicinal

springs and is withdrawn pursuant to this subsection. The

Secretary is authorized and directed to convey such selections

of hot or medicinal springs (hereinafter referred to as "hot

springs") subject to applicable covenants, reservations, terms

and conditions contained in paragraphs (5) and (6).

(C) Should Elim select and have conveyed to it lands

encompassing portions of the Tubutulik River or Clear Creek, or

both, Elim shall not permit surface occupancy or knowingly

permit any other activity on those portions of land lying

within the bed of or within 300 feet of the ordinary high

waterline of either or both of these water courses for purposes

associated with mineral or other development or activity if

they would cause or are likely to cause erosion or siltation of

either water course to an extent that would significantly

adversely impact water quality or fish habitat.

(5) Rights retained by the United States

With respect to conveyances authorized in paragraph (3), the

following rights are retained by the United States:

(A) To enter upon the conveyance lands, after providing

reasonable advance notice in writing to Elim and after

providing Elim with an opportunity to have a representative

present upon such entry, in order to achieve the purpose and

enforce the terms of this paragraph and paragraphs (4) and (6).

(B) To have, in addition to such rights held by Elim, all

rights and remedies available against persons, jointly or

severally, who cut or remove Merchantable Timber for sale.

(C) In cooperation with Elim, the right, but not the

obligation, to reforest in the event previously existing

Merchantable Timber is destroyed by fire, wind, insects,

disease, or other similar manmade or natural occurrence

(excluding manmade occurrences resulting from the exercise by

Elim of its lawful rights to use the Conveyance Lands).

(D) The right of ingress and egress over easements under

section 1616(b) (!1) of this title for the public to visit, for

noncommercial purposes, hot springs located on the Conveyance

Lands and to use any part of the hot springs that is not

commercially developed.

(E) The right to enter upon the lands containing hot springs

for the purpose of conducting scientific research on such hot

springs and to use the results of such research without

compensation to Elim. Elim shall have an equal right to conduct

research on the hot springs and to use the results of such

research without compensation to the United States.

(F) A covenant that commercial development of the hot springs

by Elim or its successors, assigns, or grantees shall include

the right to develop only a maximum of 15 percent of the hot

springs and any land within 1/4 mile of the hot springs. Such

commercial development shall not alter the natural hydrologic

or thermal system associated with the hot springs. Not less

than 85 percent of the lands within 1/4 mile of the hot

springs shall be left in their natural state.

(G) The right to exercise prosecutorial discretion in the

enforcement of any covenant, reservation, term or condition

shall not waive the right to enforce any covenant, reservation,

term or condition.

(6) General

(A) Memorandum of Understanding

The Secretary and Elim shall, acting in good faith, enter

into a Memorandum of Understanding (hereinafter referred to as

the "MOU") to implement the provisions of this subsection. The

MOU shall include among its provisions reasonable measures to

protect plants and animals in the hot springs on the Conveyance

Lands and on the land within 1/4 mile of the hot springs. The

parties shall agree to meet periodically to review the matters

contained in the MOU and to exercise their right to amend,

replace, or extend the MOU. Such reviews shall include the

authority to relocate any of the easements set forth in

subparagraph (D) if the parties deem it advisable.

(B) Incorporation of terms

Elim shall incorporate the covenants, reservations, terms and

conditions, in this subsection in any deed or other legal

instrument by which it divests itself of any interest in all or

a portion of the Conveyance Lands, including without

limitation, a leasehold interest.

(C) Section 1616(b) easements

The Bureau of Land Management, in consultation with Elim,

shall reserve in the conveyance to Elim easements to the United

States pursuant to subsection (!2) 1616(b) (!1) of this title

that are not in conflict with other easements specified in this

paragraph.

(D) Other easements

The Bureau of Land Management, in consultation with Elim,

shall reserve easements which shall include the right of the

public to enter upon and travel along the Tubutulik River and

Clear Creek within the Conveyance Lands. Such easements shall

also include easements for trails confined to foot travel

along, and which may be established along each bank of, the

Tubutulik River and Clear Creek. Such trails shall be 25 feet

wide and upland of the ordinary high waterline of the water

courses. The trails may deviate from the banks as necessary to

go around man-made or natural obstructions or to portage around

hazardous stretches of water. The easements shall also include

one-acre sites along the water courses at reasonable intervals,

selected in consultation with Elim, which may be used to launch

or take out water craft from the water courses and to camp in

non-permanent structures for a period not to exceed 24 hours

without the consent of Elim.

(E) Inholders

The owners of lands held within the exterior boundaries of

lands conveyed to Elim shall have all rights of ingress and

egress to be vested in the inholder and the inholder's agents,

employees, co-venturers, licensees, subsequent grantees, or

invitees, and such easements shall be reserved in the

conveyance to Elim. The inholder may not exercise the right of

ingress and egress in a manner that may result in substantial

damage to the surface of the lands or make any permanent

improvements on Conveyance Lands without the prior consent of

Elim.

(F) Iditarod trail

The Bureau of Land Management may reserve an easement for the

Iditarod National Historic Trail in the conveyance to Elim.

(7) Implementation

There are authorized to be appropriated such sums as may be

necessary to implement this subsection.

-SOURCE-

(Pub. L. 92-203, Sec. 19, Dec. 18, 1971, 85 Stat. 710; Pub. L.

106-194, Sec. 1, May 2, 2000, 114 Stat. 239.)

-REFTEXT-

REFERENCES IN TEXT

The time of passage of this chapter, referred to in subsec.

(c)(1)(E), probably means the date of enactment of Pub. L. 92-203,

which was approved Dec. 18, 1971.

The public land laws, referred to in subsec. (c)(2), are

classified generally to this title.

The mining laws and the mineral leasing laws, referred to in

subsec. (c)(2), are classified generally to Title 30, Mineral Lands

and Mining.

Section 1616(b) of this title, referred to in subsec. (c)(5)(D),

(6)(C) was omitted from the Code.

-MISC1-

AMENDMENTS

2000 - Subsec. (c). Pub. L. 106-194 added subsec. (c).

GRANTS TO NATIVE GROUP CORPORATIONS FOR PLANNING, DEVELOPMENT, AND

OTHER PURPOSES

Pub. L. 96-487, title XIV, Sec. 1413, Dec. 2, 1980, 94 Stat.

2498, provided that: "The Secretary shall pay by grant to each of

the Native Group Corporations established pursuant to section

14(h)(2) of the Alaska Native Claims Settlement Act [section

1613(h)(2) of this title] and finally certified as a Native Group,

an amount not more than $100,000 or less than $50,000 adjusted

according to population of each Group. Funds authorized under this

section may be used only for planning, development, and other

purposes for which the Native Group Corporations are organized

under the Settlement Act [this chapter]."

GRANTS TO VILLAGE CORPORATIONS FOR PLANNING, DEVELOPMENT AND OTHER

PURPOSES

Pub. L. 94-204, Sec. 14, Jan. 2, 1976, 89 Stat. 1154, provided

that:

"(a) The Secretary shall pay, by grant, $250,000 to each of the

corporations established pursuant to section 14(h)(3) of the

Settlement Act [section 1613(h)(3) of this title].

"(b) The Secretary shall pay, by grant, $100,000 to each of the

following Village Corporations:

"(1) Arctic Village;

"(2) Elim;

"(3) Gambell;

"(4) Savoonga;

"(5) Tetlin; and

"(6) Venetie.

"(c) Funds authorized under this section may be used only for

planning, development, and other purposes for which the

corporations set forth in subsections (a) and (b) are organized

under the Settlement Act [this chapter].

"(d) There is authorized to be appropriated to the Secretary for

the purpose of this section a sum of $1,600,000 in fiscal year

1976."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1615, 1627, 1635, 1641 of

this title; title 16 section 3102.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "section".

-End-

-CITE-

43 USC Sec. 1619 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 1619. Attorney and consultant fees

-STATUTE-

(a) Holding moneys in Fund for authorized payments

The Secretary of the Treasury shall hold in the Alaska Native

Fund, from the appropriation made pursuant to section 1605 of this

title for the second fiscal year, moneys sufficient to make the

payments authorized by this section.

(b) Claims; submission

A claim for attorney and consultant fees and out-of-pocket

expenses may be submitted to the Chief Commissioner of the United

States Court of Claims for services rendered before December 18,

1971, to any Native tribe, band, group, village, or association in

connection with:

(1) the preparation of this chapter and previously proposed

Federal legislation to settle Native claims based on aboriginal

title, and

(2) the actual prosecution pursuant to an authorized contract

or a cause of action based upon a claim pending before any

Federal or State Court or the Indians Claims Commission that is

dismissed pursuant to this chapter.

(c) Final date for filing of claims; form; information

A claim under this section must be filed with the clerk of the

Court of Claims within one year from December 18, 1971, and shall

be in such form and contain such information as the Chief

Commissioner shall prescribe. Claims not so filed shall be forever

barred.

(d) Rules for receipt, determination, and settlement of claims

The Chief Commissioner or his delegate is authorized to receive,

determine, and settle such claims in accordance with the following

rules:

(1) No claim shall be allowed if the claimant has otherwise been

reimbursed.

(2) The amount allowed for services shall be based on the nature

of the service rendered, the time and labor required, the need for

providing the service, whether the service was intended to be a

voluntary public service or compensable, the existence of a bona

fide attorney-client relationship with an identified client, and

the relationship of the service rendered to the enactment of

proposed legislation. The amount allowed shall not be controlled by

any hourly charge customarily charged by the claimant.

(3) The amount allowed for out-of-pocket expenses shall not

include office overhead, and shall be limited to expenses that were

necessary, reasonable, unreimbursed and actually incurred.

(4) The amounts allowed for services rendered shall not exceed in

the aggregate $2,000,000, of which not more than $100,000 shall be

available for the payment of consultants' fees. If the approved

claims exceed the aggregate amounts allowable, the Chief

Commissioner shall authorize payment of the claims on a pro rata

basis.

(5) Upon the filing of a claim, the clerk of the Court of Claims

shall forward a copy of such claims to the individuals or entities

on whose behalf services were rendered or fees and expenses were

allegedly incurred, as shown by the pleadings, to the Attorney

General of the United States, to the Attorney General of the State

of Alaska, to the Secretary of the Interior, and to any other

person who appears to have an interest in the claim, and shall give

such persons ninety days within which to file an answer contesting

the claim.

(6) The Chief Commissioner may designate a trial commissioner for

any claim made under this section and a panel of three

commissioners of the court to serve as a reviewing body. One member

of the review panel shall be designated as presiding commissioner

of the panel.

(7) Proceedings in all claims shall be pursuant to rules and

orders prescribed for the purpose by the Chief Commissioner who is

hereby authorized and directed to require the application of the

pertinent rules of practice of the Court of Claims insofar as

feasible. Claimants may appear before a trial commissioner in

person or by attorney, and may produce evidence and examine

witnesses. In the discretion of the Chief Commissioner or his

designate, hearings may be held in the localities where the

claimants reside if convenience so demands.

(8) Each trial commissioner and each review panel shall have

authority to do and perform any acts which may be necessary or

proper for the efficient performance of their duties, and shall

have the power of subpena, the power to order audit of books and

records, and the power to administer oaths and affirmations. Any

sanction authorized by the rules of practice of the Court of

Claims, except contempt, may be imposed on any claimant, witness,

or attorney by the trial commissioner, review panel, or Chief

Commissioner. None of the rules, regulations, rulings, findings, or

conclusions authorized by this section shall be subject to judicial

review.

(9) The findings and conclusions of the trial commissioner shall

be submitted by him, together with the record in the case, to the

review panel of commissioners for review by it pursuant to such

rules as may be provided for the purpose, which shall include

provision for submitting the decision of the trial commissioner to

the claimant and any party contesting the claim for consideration,

exception, and argument before the panel. The panel, by majority

vote, shall adopt or modify the findings or the conclusions of the

trial commissioner.

(10) The Court of Claims is hereby authorized and directed, under

such conditions as it may prescribe, to provide the facilities and

services of the office of the clerk of the court for the filing,

processing, hearing, and dispatch of claims made pursuant to this

section and to include within its annual appropriations the costs

thereof and other costs of administration, including (but without

limitation to the items herein listed) the salaries and traveling

expenses of its auditors and the commissioners serving as trial

commissioners and panel members, mailing and service of process,

necessary physical facilities, equipment, and supplies, and

personnel (including secretaries, reporters, auditors, and law

clerks).

(e) Report to Congress; payment of claims; interest restriction

The Chief Commissioner shall certify to the Secretary of the

Treasury, and report to the Congress, the amount of each claim

allowed and the name and address of the claimant. The Secretary of

the Treasury shall pay to such person from the Alaska Native Fund

the amounts certified. No award under this section shall bear

interest.

(f) Contract restriction; penalty

(1) No remuneration on account of any services or expenses for

which a claim is made or could be made pursuant to this section

shall be received by any person for such services and expenses in

addition to the amount paid in accordance with this section, and

any contract or agreement to the contrary shall be void.

(2) Any person who receives, and any corporation or association

official who pays, on account of such services and expenses, any

remuneration in addition to the amount allowed in accordance with

this section shall be guilty of a misdemeanor and, upon conviction

thereof, shall be fined not more than $5,000, or imprisoned not

more than twelve months, or both.

(g) Claims for costs in performance of certain services:

submission, form, information, reasonableness, pro rata

reductions; report to Congress; payment of claims; interest

restriction

A claim for actual costs incurred in filing protests, preserving

land claims, advancing land claims settlement legislation, and

presenting testimony to the Congress on proposed Native land claims

may be submitted to the Chief Commissioner of the Court of Claims

by any bona fide association of Natives. The claim must be

submitted within six months from December 18, 1971, and shall be in

such form and contain such information as the Chief Commissioner

shall prescribe. The Chief Commissioner shall allow such amounts as

he determines are reasonable, but he shall allow no amount for

attorney and consultant fees and expenses which shall be

compensable solely under subsection (b) through (e) of this

section. If approved claims under this subsection aggregate more

than $600,000, each claim shall be reduced on a pro rata basis. The

Chief Commissioner shall certify to the Secretary of the Treasury,

and report to the Congress, the amount of each claim allowed and

the name and address of the claimant. The Secretary of the Treasury

shall pay to such claimant from the Alaska Native Fund the amount

certified. No award under this subsection shall bear interest.

-SOURCE-

(Pub. L. 92-203, Sec. 20, Dec. 18, 1971, 85 Stat. 710.)

-REFTEXT-

REFERENCES IN TEXT

The United States Court of Claims, referred to in subsecs. (b),

(c), (d)(5), (7), (8), (10), and (g), and the United States Court

of Customs and Patent Appeals were merged effective Oct. 1, 1982,

into a new United States Court of Appeals for the Federal Circuit

by Pub. L. 97-164, Apr. 2, 1982, 96 Stat. 25, which also created a

United States Claims Court [now United States Court of Federal

Claims] that inherited the trial jurisdiction of the Court of

Claims. See sections 48, 171 et seq., 791 et seq., and 1491 et seq.

of Title 28, Judiciary and Judicial Procedure.

-CHANGE-

CHANGE OF NAME

"Chief Commissioner" and "trial commissioner" of the Court of

Claims redesignated "chief of the trial division" and "trial

judge", respectively, by General Order No. 2 of 1973 of United

States Court of Claims, issued August 1, 1973. Redesignation

applicable in all proceedings other than Congressional references

cases.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1605 of this title.

-End-

-CITE-

43 USC Sec. 1620 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 1620. Taxation

-STATUTE-

(a) Fund revenues exemption; investment income taxable

Revenues originating from the Alaska Native Fund shall not be

subject to any form of Federal, State, or local taxation at the

time of receipt by a Regional Corporation, Village Corporation, or

individual Native through dividend distributions (even if the

Regional Corporation or Village Corporation distributing the

dividend has not segregated revenue received from the Alaska Native

Fund from revenue received from other sources) or in any other

manner. This exemption shall not apply to income from the

investment of such revenues.

(b) Shares of stock exemption

The receipt of shares of stock in the Regional or Village

Corporations by or on behalf of any Native shall not be subject to

any form of Federal, State or local taxation.

(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

The receipt of land or any interest therein pursuant to this

chapter or of cash in order to equalize the values of properties

exchanged pursuant to section 1621(f) of this title shall not be

subject to any form of Federal, State, or local taxation. The basis

for determining gain or loss from the sale or other disposition of

such land or interest in land for purposes of any Federal, State,

or local tax imposed on or measured by income shall be the fair

value of such land or interest in land at the time of receipt,

adjusted as provided in section 1016 of title 26, as amended:

Provided, however, That the basis of any such land or interest

therein attributable to an interest in a mine, well, other natural

deposit, or block of timber shall be not less than the fair value

of such mine, well, natural deposit, or block of timber (or such

interest therein as the Secretary shall convey) at the time of the

first commercial development thereof, adjusted as provided in

section 1016 of title 26. For purposes of this subsection, the time

of receipt of land or any interest therein shall be the time of the

conveyance by the Secretary of such land or interest (whether by

interim conveyance or patent).

(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

(1) Real property interests conveyed, pursuant to this chapter,

to a Native individual, Native Group, Village or Regional

Corporation or corporation established pursuant to section

1613(h)(3) of this title which are not developed or leased to third

parties or which are used solely for the purposes of exploration

shall be exempt from State and local real property taxes for a

period of twenty years from the vesting of title pursuant to the

Alaska National Interest Lands Conservation Act or the date of

issuance of an interim conveyance or patent, whichever is earlier,

for those interests to such individual, group, or corporation:

Provided, That municipal taxes, local real property taxes, or local

assessments may be imposed upon any portion of such interest within

the jurisdiction of any governmental unit under the laws of the

State which is leased or developed for purposes other than

exploration for so long as such portion is leased or being

developed: Provided further, That easements, rights-of-way,

leaseholds, and similar interests in such real property may be

taxed in accordance with State or local law. All rents, royalties,

profits, and other revenues or proceeds derived from such property

interests shall be taxable to the same extent as such revenues or

proceeds are taxable when received by a non-Native individual or

corporation.

(2) Any real property interest, not developed or leased to third

parties, acquired by a Native individual, Native Group, Village or

Regional Corporation, or corporation established pursuant to

section 1613(h)(3) of this title in exchange for real property

interests which are exempt from taxation pursuant to paragraph (1)

of this subsection shall be deemed to be a property interest

conveyed pursuant to this chapter and shall be exempt from taxation

as if conveyed pursuant to this chapter, when such an exchange is

made with the Federal Government, the State government, a municipal

government, or another Native Corporation, or, if neither party to

the exchange receives a cash value greater than 25 per centum of

the value of the land exchanged, a private party. In the event that

a Native Corporation simultaneously exchanges two or more tracts of

land having different periods of tax exemption pursuant to this

subsection, the periods of tax exemption for the exchanged lands

received by such Native Corporation shall be determined (A) by

calculating the percentage that the acreage of each tract given up

bears to the total acreage given up, and (B) by applying such

percentages and the related periods of tax exemption to the acreage

received in exchange.

(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

Real property interests conveyed pursuant to this chapter to a

Native individual, Native group, corporation organized under

section 1613(h)(3) of this title, or Village or Regional

Corporation shall, so long as the fee therein remains not subject

to State or local taxes on real estate, continue to be regarded as

public lands for the purpose of computing the Federal share of any

highway project pursuant to title 23, as amended and supplemented,

for the purpose of the Johnson-O'Malley Act of April 16, 1934, as

amended (25 U.S.C. 452), and for the purpose of Public Laws 815 and

874, 81st Congress (64 Stat. 967, 1100). So long as there are no

substantial revenues from such lands they shall continue to receive

wildland fire protection services from the United States at no

cost.

(f) Stocks of Regional and Village Corporations exempt from estate

taxes; period of exemption

Until January 1, 1992, stock of any Regional Corporation

organized pursuant to section 1606 of this title, including the

right to receive distributions under subsection 1606(j) of this

title, and stock of any Village Corporation organized pursuant to

section 1607 of this title shall not be includable in the gross

estate of a decedent under sections 2031 and 2033, or any successor

provisions, of title 26.

(g) Resource information or analysis; professional or technical

services

In the case of any Native Corporation established pursuant to

this chapter, income for purposes of any form of Federal, State, or

local taxation shall not be deemed to include the value of -

(1) the receipt, acquisition, or use of any resource

information or analysis (including the receipt of any right of

access to such information or analysis) relating to lands or

interests therein conveyed, selected but not conveyed, or

available for selection pursuant to this chapter;

(2) the promise or performance by any person or by any Federal,

State, or local government agency of any professional or

technical services relating to the resources of lands or

interests therein conveyed, selected but not conveyed, or

available for selection pursuant to this chapter, including, but

not limited to, services in connection with exploration on such

lands for oil, gas, or other minerals; and

(3) the expenditure of funds, incurring of costs, or the use of

any equipment or supplies by any person or any Federal, State, or

local government agency, or any promise, agreement, or other

arrangement by such person or agency to expend funds or use any

equipment or supplies for the purpose of creating, developing, or

acquiring the resource information or analysis described in

paragraph (1) or for the purpose of performing or otherwise

furnishing the services described in paragraph (2): Provided,

That this paragraph shall not apply to any funds paid to a Native

Corporation established pursuant to this chapter or to any

subsidiary thereof.

This subsection shall be effective as of December 18, 1971, and,

with respect to each Native Corporation, shall remain in full force

and effect for a period of twenty years thereafter or until the

Corporation has received conveyance of its full land entitlement,

whichever first occurs. Except as set forth in this subsection and

in subsection (d) of this section all rents, royalties, profits,

and other revenues or proceeds derived from real property interests

selected and conveyed pursuant to sections 1611 and 1613 of this

title shall be taxable to the same extent as such revenues or

proceeds are taxable when received by a non-Native individual or

corporation.

(h) Date of incorporation as date of trade or business; ordinary

and necessary expenses

(1) Notwithstanding any other provision of law, each Native

Corporation established pursuant to this chapter shall be deemed to

have become engaged in carrying on a trade or business as of the

date it was incorporated for purposes of any form of Federal,

State, or local taxation.

(2) All expenses heretofore or hereafter paid or incurred by a

Native Corporation established pursuant to this chapter in

connection with the selection or conveyance of lands pursuant to

this chapter, or in assisting another Native Corporation within or

for the same region in the selection or conveyance of lands under

this chapter, shall be deemed to be or to have been ordinary and

necessary expenses of such Corporation, paid or incurred in

carrying on a trade or business for purposes of any form of

Federal, State, or local taxation.

(i) Personal Holding Company Act exemption

No Corporation created pursuant to this chapter shall be

considered to be a personal holding company within the meaning of

section 542(a) of title 26 prior to January 1, 1992.

(j) Shareholder homesites

A real property interest distributed by a Native Corporation to a

shareholder of such Corporation pursuant to a program to provide

homesites to its shareholders, shall be deemed conveyed and

received pursuant to this chapter: Provided, That alienability of

the Settlement Common Stock of the Corporation has not been

terminated pursuant to section 1629c of this title: Provided

further, That the land received is restricted by covenant for a

period not less than ten years to single-family (including

traditional extended family customs) residential occupancy, and by

such other covenants and retained interests as the Native

Corporation deems appropriate: Provided further, That the land

conveyed does not exceed one and one-half acres: Provided further,

That if the shareholder receiving the homesite subdivides such

homesite, he or she shall pay all Federal, State, and local taxes

that would have been incurred but for this subsection together with

simple interest at 6 per centum per annum calculated from the date

of receipt of the homesite, including taxes or assessments for the

provision of road access and water and sewage facilities by the

conveying corporation or the shareholder.

-SOURCE-

(Pub. L. 92-203, Sec. 21, Dec. 18, 1971, 85 Stat. 713; Pub. L.

94-204, Sec. 13, Jan. 2, 1976, 89 Stat. 1154; Pub. L. 95-600, title

V, Sec. 541, Nov. 6, 1978, 92 Stat. 2887; Pub. L. 96-487, title IX,

Sec. 904, title XIV, Secs. 1407-1409, Dec. 2, 1980, 94 Stat. 2434,

2495, 2496; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095;

Pub. L. 100-241, Sec. 12(b), Feb. 3, 1988, 101 Stat. 1810; Pub. L.

102-415, Sec. 5, Oct. 14, 1992, 106 Stat. 2113.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska National Interest Lands Conservation Act, referred to

in subsec. (d)(1), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371,

as amended. For complete classification of this Act to the Code,

see Short Title note set out under section 3101 of Title 16,

Conservation, and Tables.

The Johnson-O'Malley Act of April 16, 1934, as amended (25 U.S.C.

452), referred to in subsec. (e), is act Apr. 16, 1934, ch. 147, 48

Stat. 596, as amended, which is classified to sections 452 et seq.,

of Title 25, Indians. For complete classification of this Act to

the Code, see Short Title note set out under section 452 of Title

25 and Tables.

Public Law 815, 81st Congress (64 Stat. 967), referred to in

subsec. (e), is act Sept. 23, 1950, ch. 995, as amended generally

by Pub. L. 85-620, title I, Sec. 101, Aug. 12, 1958, 72 Stat. 548,

which was classified generally to chapter 19 (Sec. 631 et seq.) of

Title 20, Education, prior to repeal by Pub. L. 103-382, title III,

Sec. 331(a), Oct. 20, 1994, 108 Stat. 3965. For complete

classification of this Act to the Code, see Tables.

Public Law 874, 81st Congress (64 Stat. 1100), referred to in

subsec. (e), is act Sept. 30, 1950, ch. 1124, 64 Stat. 1100, as

amended, popularly known as the Educational Agencies Financial Aid

Act, which was classified generally to chapter 13 (Sec. 236 et

seq.) of Title 20, prior to repeal by Pub. L. 103-382, title III,

Sec. 331(b), Oct. 20, 1994, 108 Stat. 3965. For complete

classification of this Act to the Code, see Tables.

-MISC1-

AMENDMENTS

1992 - Subsec. (j). Pub. L. 102-415 struck out "prior to December

18, 1991," after "A real property interest distributed" and

substituted "Provided, That alienability of the Settlement Common

Stock of the Corporation has not been terminated pursuant to

section 1629c of this title: Provided further, That" for "Provided,

That".

1988 - Subsec. (a). Pub. L. 100-241, Sec. 12(b)(1), inserted

"(even if the Regional Corporation or Village Corporation

distributing the dividend has not segregated revenue received from

the Alaska Native Fund from revenue received from other sources)"

after "distributions".

Subsec. (j). Pub. L. 100-241, Sec. 12(b)(2), (3), substituted

"Native Corporation" for "Village Corporation" in two places and

"That if the shareholder receiving the homesite subdivides such

homesite, he or she shall pay all Federal, State, and local taxes

that would have been incurred but for this subsection together with

simple interest at 6 per centum per annum calculated from the date

of receipt of the homesite, including taxes or assessments for the

provision of road access and water and sewage facilities by the

conveying corporation or the shareholder." for "That the

shareholder receiving the homesite, if the shareholder subdivides

the land received, shall pay all Federal, State, and local taxes

which would have been incurred but for this subsection, together

with simple interest at six percent per annum calculated from the

date of receipt of the land to be paid to the appropriate taxing

authority."

1986 - Subsecs. (c), (i). Pub. L. 99-514 substituted "Internal

Revenue Code of 1986" for "Internal Revenue Code of 1954", which

for purposes of codification was translated as "title 26" thus

requiring no change in text.

1980 - Subsec. (c). Pub. L. 96-487, Sec. 1408, inserted provision

requiring that fair value of such land or interest in land at time

of receipt be adjusted as provided in section 1016 of title 26 and

proviso defining the basis of any such land attributable to an

interest in a mine, well, other natural deposit, or block of

timber.

Subsec. (d). Pub. L. 96-487, Sec. 904, designated existing

provision as par. (1), substituted "Regional Corporation or

corporation established pursuant to section 1613(h)(3) of this

title" for "Regional Corporation", "third parties or which are used

solely for the purposes of exploration shall" for "third parties

shall", "from the vesting of title pursuant to the Alaska National

Interest Lands Conservation Act or the date of issuance of an

interim conveyance or patent, whichever is earlier, for those

interests to such individual, group, or corporation" for "after

December 18, 1971", and "any portion of such interest" for "leased

or developed real property" and inserted "which is leased or

developed for purposes other than exploration for so long as such

portion is leased or being developed" after "laws of the State",

and added par. (2).

Subsec. (e). Pub. L. 96-487, Sec. 1409, substituted "Native

Group, corporation organized under section 1613(h)(3) of this

title, or Village" for "Native Group, or Village", "(64 Stat. 967,

1100). So long as there are no substantial" for "(64 Stat. 967,

1100), and so long as there are also no substantial", and "such

lands they shall continue to receive wildland fire" for "such

lands, continue to receive forest fire".

Subsec. (j). Pub. L. 96-487, Sec. 1407, added subsec. (j).

1978 - Subsecs. (g) to (i). Pub. L. 95-600 added subsecs. (g) to

(i).

1976 - Subsec. (f). Pub. L. 94-204 added subsec. (f).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1636 of this title.

-End-

-CITE-

43 USC Sec. 1621 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 1621. Miscellaneous provisions

-STATUTE-

(a) Contract restrictions; percentage fee; enforcement; liens,

executions, or judgments

None of the revenues granted by section 1605 of this title, and

none of the lands granted by this chapter to the Regional and

Village Corporation and to Native groups and individuals shall be

subject to any contract which is based on a percentage fee of the

value of all or some portion of the settlement granted by this

chapter. Any such contract shall not be enforceable against any

Native as defined by this chapter or any Regional or Village

Corporation and the revenues and lands granted by this chapter

shall not be subject to lien, execution or judgment to fulfill such

a contract.

(b) Patents for homesteads, headquarters sites, trade and

manufacturing sites, or small tract sites; use and occupancy

protection

The Secretary is directed to promptly issue patents to all

persons who have made a lawful entry on the public lands in

compliance with the public land laws for the purpose of gaining

title to homesteads, headquarters sites, trade and manufacturing

sites, or small tract sites (43 U.S.C. 682 (!1)), and who have

fulfilled all requirements of the law prerequisite to obtaining a

patent. Any person who has made a lawful entry prior to August 31,

1971, for any of the foregoing purposes shall be protected in his

right of use and occupancy until all the requirements of law for a

patent have been met even though the lands involved have been

reserved or withdrawn in accordance with Public Land Order 4582, as

amended, or the withdrawal provisions of this chapter: Provided,

That occupancy must have been maintained in accordance with the

appropriate public land law: Provided further, That any person who

entered on public lands in violation of Public Land Order 4582, as

amended, shall gain no rights.

(c) Mining claims; possessory rights, protection

(1) On any lands conveyed to Village and Regional Corporations,

any person who prior to August 31, 1971, initiated a valid mining

claim or location under the general mining laws and recorded notice

of said location with the appropriate State or local office shall

be protected in his possessory rights, if all requirements of the

general mining laws are complied with, for a period of five years

and may, if all requirements of the general mining laws are

complied with, proceed to patent.

(2)(A)(i) Subject to valid existing rights, an unpatented mining

claim or location, or portion thereof, under the general mining

laws that is situated outside the boundaries of a conservation

system unit (as such term is defined in the Alaska National

Interest Lands Conservation Act) and within the exterior boundaries

of lands validly selected by a Village or Regional Corporation

pursuant to section 1611 of this title or section 1613(h) of this

title and that lapses, is abandoned, relinquished, or terminated,

declared null and void, or otherwise expires, after August 31,

1971, because of failure to comply with requirements of the general

mining laws (including the mining laws of the State of Alaska), is

deemed to be null and void for the purposes of this paragraph. The

Secretary shall promptly determine the validity of such claims or

locations within conservation system units.

(ii) Subject to valid existing rights and to subparagraph (B),

the lands outside a conservation system unit included in a mining

claim or location described in clause (i) shall -

(I) be considered part of the lands selected pursuant to

sections 1611 of this title and 1613(h) of this title by the

Village or Regional Corporation described in clause (i); and

(II) be eligible for conveyance pursuant to this chapter unless

specifically identified and excluded from an initial selection

application.

(iii) Subject to valid existing rights and to subparagraph (B),

any portion outside a conservation system unit of a mining claim or

location described in clause (i) that is situated within the

exterior boundaries of lands conveyed prior to October 14, 1992,

from selections under section 1611 or section 1613(h) of this title

shall be conveyed pursuant to this chapter.

(B) No lands shall be conveyed pursuant to this subsection if the

conveyance would result in the receipt of title to lands in excess

of an acreage entitlement under this chapter.

(3) This section shall apply to lands conveyed by interim

conveyance or patent to a Regional Corporation pursuant to this

chapter which are made subject to a mining claim or claims located

under the general mining laws, including lands conveyed prior to

November 2, 1995. Effective on November 2, 1995, the Secretary,

acting through the Bureau of Land Management and in a manner

consistent with section 1613(g) of this title, shall transfer to

the Regional Corporation administration of all mining claims

determined to be entirely within lands conveyed to that

corporation. Any person holding such mining claim or claims shall

meet such requirements of the general mining laws and section 1744

of this title, except that any filings that would have been made

with the Bureau of Land Management if the lands were within Federal

ownership shall be timely made with the appropriate Regional

Corporation. The validity of any such mining claim or claims may be

contested by the Regional Corporation, in place of the United

States. All contest proceedings and appeals by the mining claimants

of adverse decisions made by the Regional Corporation shall be

brought in Federal District Court for the District of Alaska.

Neither the United States nor any Federal agency or official shall

be named or joined as a party in such proceedings or appeals. All

revenues from such mining claims received after November 2, 1995,

shall be remitted to the Regional Corporation subject to

distribution pursuant to section 1606(i) of this title, except that

in the event that the mining claim or claims are not totally within

the lands conveyed to the Regional Corporation, the Regional

Corporation shall be entitled only to that proportion of revenues,

other than administrative fees, reasonably allocated to the portion

of the mining claim so conveyed. The provisions of this section

shall apply to Haida Corporation and the Haida Traditional Use

Sites, which shall be treated as a Regional Corporation for the

purposes of this paragraph, except that any revenues remitted to

Haida Corporation under this section shall not be subject to

distribution pursuant to section 1606(i) of this title.

(d) Purchase restrictions for personnel inapplicable to chapter

The provisions of section 11 of this title shall not apply to any

land grants or other rights granted under this chapter.

(e) National Wildlife Refuge System; replacement lands

If land within the National Wildlife Refuge System is selected by

a Village Corporation pursuant to the provisions of this chapter,

the secretary shall add to the Refuge System other public lands in

the State to replace the lands selected by the Village Corporation.

(f) Land exchanges

The Secretary, the Secretary of Defense, the Secretary of

Agriculture, and the State of Alaska are authorized to exchange

lands or interests therein, including Native selection rights, with

the corporations organized by Native groups, Village Corporations,

Regional Corporations, and the corporations organized by Natives

residing in Juneau, Sitka, Kodiak, and Kenai, all as defined in

this chapter, and other municipalities and corporations or

individuals, the State (acting free of the restrictions of section

6(i) of the Alaska Statehood Act), or any Federal agency for the

purpose of effecting land consolidations or to facilitate the

management or development of the land, or for other public

purposes. Exchanges shall be on the basis of equal value, and

either party to the exchange may pay or accept cash in order to

equalize the value of the property exchanged: Provided, That when

the parties agree to an exchange and the appropriate Secretary

determines it is in the public interest, such exchanges may be made

for other than equal value.

(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

If a patent is issued to any Village Corporation for land in the

National Wildlife Refuge System, the patent shall reserve to the

United States the right of first refusal if the land is ever sold

by the Village Corporation. Notwithstanding any other provision of

this chapter, every patent issued by the Secretary pursuant to this

chapter - which covers lands lying within the boundaries of a

National Wildlife Refuge on December 18, 1971, shall contain a

provision that such lands remain subject to the laws and

regulations governing use and development of such Refuge.

(h) Withdrawals of public lands; termination date

(1) All withdrawals made under this chapter, except as otherwise

provided in this subsection, shall terminate within four years of

December 18, 1971: Provided, That any lands selected by Village or

Regional Corporations or by a Native group under section 1611 of

this title shall remain withdrawn until conveyed pursuant to

section 1613 of this title.

(2) The withdrawal of lands made by section 1610(a)(2) and

section 1615 of this title shall terminate three years from

December 18, 1971.

(3) The provisions of this section shall not apply to any

withdrawals made under section 1616 of this title.

(4) The Secretary is authorized to terminate any withdrawal made

by or pursuant to this chapter whenever he determines that the

withdrawal is no longer necessary to accomplish the purposes of

this chapter.

(i) Administration of withdrawn lands; contracting and other

authority of Secretaries not impaired by withdrawal

Prior to a conveyance pursuant to section 1613 of this title,

lands withdrawn by or pursuant to sections 1610, 1613, and 1615 of

this title shall be subject to administration by the Secretary, or

by the Secretary of Agriculture in the case of National Forest

lands, under applicable laws and regulations, and their authority

to make contracts and to grant leases, permits, rights-of-way, or

easements shall not be impaired by the withdrawal.

(j) Interim conveyances and underselections

(1) Where lands to be conveyed to a Native, Native Corporation,

or Native group pursuant to this chapter as amended and

supplemented have not been surveyed, the same may be conveyed by

the issuance of an "interim conveyance" to the party entitled to

the lands. Subject to valid existing rights and such conditions and

reservations authorized by law as are imposed, the force and effect

of such an interim conveyance shall be to convey to and vest in the

recipient exactly the same right, title, and interest in and to the

lands as the recipient would have received had he been issued a

patent by the United States. Upon survey of lands covered by an

interim conveyance a patent thereto shall be issued to the

recipient. The boundaries of the lands as defined and conveyed by

the interim conveyance shall not be altered but may then be

redescribed, if need be, in reference to the plat of survey. The

Secretary shall make appropriate adjustments to insure that the

recipient receives his full entitlement. Where the term "patent,"

or a derivative thereof, is used in this chapter unless the context

precludes such construction, it shall be deemed to include "interim

conveyance," and the conveyances of land to Natives and Native

Corporations provided for this chapter shall be as fully

effectuated by the issuance of interim conveyances as by the

issuance of patents.

(2) Where lands selected and conveyed, or to be conveyed to a

Village Corporation are insufficient to fulfill the Corporation's

entitlement under section 1611(b), 1613(a), 1615(b), or 1615(d) of

this title, the Secretary is authorized to withdraw twice the

amount of unfulfilled entitlement and provide the Village

Corporation ninety days from receipt of notice from the Secretary

to select from the lands withdrawn the land it desires to fulfill

its entitlement. In making the withdrawal, the Secretary shall

first withdraw public lands that were formerly withdrawn for

selection by the concerned Village Corporation by or pursuant to

section 1610(a)(1), 1610(a)(3), 1615(a), or 1615(d) of this title.

Should such lands no longer be available, the Secretary may

withdraw public lands that are vacant, unreserved, and

unappropriated, except that the Secretary may withdraw public lands

which had been previously withdrawn pursuant to section 1616(d) of

this title. Any subsequent selection by the Village Corporation

shall be in the manner provided in this chapter for such original

selections.

(k) National forest land patents; conditions

Any patents to lands under this chapter which are located within

the boundaries of a national forest shall contain such conditions

as the Secretary deems necessary to assure that:

(1) the sale of any timber from such lands shall, for a period

of five years, be subject to the same restrictions relating to

the export of timber from the United States as are applicable to

national forest lands in Alaska under rules and regulations of

the Secretary of Agriculture; and

(2) such lands are managed under the principle of sustained

yield and under management practices for protection and

enhancement of environmental quality no less stringent than such

management practices on adjacent national forest lands for a

period of twelve years.

(l) Land selection limitation; proximity to home rule or first

class city and Ketchikan

Notwithstanding any provision of this chapter, no Village or

Regional Corporation shall select lands which are within two miles

from the boundary, as it exists on December 18, 1971, of any home

rule or first class city (excluding boroughs) or which are within

six miles from the boundary of Ketchikan.

(m) Licenses held by Alaska Native regional corporations

An Alaska Native regional corporation organized pursuant to this

chapter, or an affiliate thereof, that holds a Federal

Communications Commission license in the personal communications

service as of the date of enactment of this section (!2) and has

either paid for such license in full or has complied with the

payment schedules for such license shall be permitted to transfer

or assign without penalty such license to any transferee or

assignee. No economic penalties shall apply to any transfer or

assignment authorized under this section. Any amounts owed to the

United States for the initial grant of such licenses shall become

immediately due and payable upon the consummation of any such

transfer or assignment. Any application for such a transfer or

assignment shall be deemed granted if not denied by the Commission

within 90 days of the date on which it was initially filed. Any

provision of law or regulation to the contrary is hereby amended.

-SOURCE-

(Pub. L. 92-203, Sec. 22, Dec. 18, 1971, 85 Stat. 713; Pub. L.

94-204, Sec. 17, Jan. 2, 1976, 89 Stat. 1156; Pub. L. 96-487, title

XIV, Sec. 1410, Dec. 2, 1980, 94 Stat. 2496; Pub. L. 102-415, Sec.

14, Oct. 14, 1992, 106 Stat. 2121; Pub. L. 104-42, title I, Sec.

102, Nov. 2, 1995, 109 Stat. 353; Pub. L. 105-333, Sec. 7, Oct. 31,

1998, 112 Stat. 3133; Pub. L. 106-259, title VIII, Sec. 8149, Aug.

9, 2000, 114 Stat. 706.)

-REFTEXT-

REFERENCES IN TEXT

The public land laws, referred to in subsec. (b), are classified

generally to this title.

Section 682 of this title, referred to in subsec. (b), probably

means section 682a of this title which was repealed by Pub. L.

94-579, title VII, Sec. 702, Oct. 21, 1976, 90 Stat. 2787.

The general mining laws, referred to in subsec. (c), are

classified generally to Title 30, Mineral Lands and Mining.

The Alaska National Interest Lands Conservation Act, referred to

in subsec. (c)(2)(A)(i), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat.

2371, as amended. For complete classification of this Act to the

Code, see Short Title note set out under section 3101 of Title 16,

Conservation, and Tables.

Section 6(i) of the Alaska Statehood Act, referred to in subsec.

(f), is section 6(i) of Pub. L. 85-508, which is set out as a note

preceding section 21 of Title 48, Territories and Insular

Possessions.

The date of enactment of this section, referred to in subsec.

(m), probably means the date of enactment of Pub. L. 106-259, which

enacted subsec. (m) of this section and was approved Aug. 9, 2000.

-MISC1-

AMENDMENTS

2000 - Subsec. (m). Pub. L. 106-259, which directed the addition

of subsec. (m) at the end of section 1621 of Public Law 92-204, was

executed by adding subsec. (m) at the end of this section, which is

section 22 of Pub. L. 92-203, to reflect the probable intent of

Congress.

1998 - Subsec. (c)(3). Pub. L. 105-333 substituted "Regional

Corporation" for "regional corporation" wherever appearing and

inserted at end "The provisions of this section shall apply to

Haida Corporation and the Haida Traditional Use Sites, which shall

be treated as a Regional Corporation for the purposes of this

paragraph, except that any revenues remitted to Haida Corporation

under this section shall not be subject to distribution pursuant to

section 1606(i) of this title."

1995 - Subsec. (c)(3). Pub. L. 104-42 added par. (3).

1992 - Subsec. (c). Pub. L. 102-415 designated existing

provisions as par. (1) and added par. (2).

1980 - Subsec. (j). Pub. L. 96-487 substituted provision

authorizing Secretary to convey lands by interim conveyance when

the lands have not been surveyed, upon survey to issue a patent and

redescribe the lands if necessary, and, where lands selected and

conveyed, or to be conveyed, to a Village Corporation are

insufficient to fulfill the Corporation's entitlement, to withdraw

twice the amount of unfulfilled entitlement and provide the Village

Corporation 90 days from receipt of notice to select from the lands

withdrawn the land it desires to fulfill its entitlement for

provision authorizing the Secretary, in any area of Alaska for

which protraction diagrams do not exist, which does not conform to

the United States Land Survey System, or which has not been

adequately surveyed to permit selection, to take such actions as

are necessary to accomplish the purposes of this chapter.

1976 - Subsec. (f). Pub. L. 94-204 authorized State of Alaska to

make direct exchanges of land between it and Native Corporations,

authorized State to transfer mineral interests, notwithstanding

section 6(i) of the Alaska Statehood Act, to Federal agencies in

such exchanges, and authorized exchanges on a basis other than

equal value, by agreement of the parties or if deemed in the public

interest.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1610, 1620, 1621, 1633,

1634, 1636, 1641 of this title.

-FOOTNOTE-

(!1) So in original. See References in Text note below.

(!2) See References in Text note below.

-End-

-CITE-

43 USC Sec. 1622 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 1622. Annual reports to Congress until 1984; submission in

1985 of report of status of Natives, summary of actions taken,

and recommendations

-STATUTE-

The Secretary shall submit to the Congress annual reports on

implementation of this chapter. Such reports shall be filed by the

Secretary annually until 1984. At the beginning of the first

session of Congress in 1985 the Secretary shall submit, through the

President, a report of the status of the Natives and Native groups

in Alaska, and a summary of actions taken under this chapter,

together with such recommendations as may be appropriate.

-SOURCE-

(Pub. L. 92-203, Sec. 23, Dec. 18, 1971, 85 Stat. 715.)

-End-

-CITE-

43 USC Sec. 1623 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 1623. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated such sums as may be

necessary to carry out the provisions of this chapter.

-SOURCE-

(Pub. L. 92-203, Sec. 24, Dec. 18, 1971, 85 Stat. 715.)

-End-

-CITE-

43 USC Sec. 1624 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 1624. Regulations; issuance; publication in Federal Register

-STATUTE-

The Secretary is authorized to issue and publish in the Federal

Register, pursuant to subchapter II of chapter 5 of title 5, such

regulations as may be necessary to carry out the purposes of this

chapter.

-SOURCE-

(Pub. L. 92-203, Sec. 25, Dec. 18, 1971, 85 Stat. 715.)

-COD-

CODIFICATION

"Subchapter II of chapter 5 of title 5" substituted for "the

Administrative Procedure Act" on authority of Pub. L. 89-554, Sec.

7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which

enacted Title 5, Government Organization and Employees.

-End-

-CITE-

43 USC Sec. 1625 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 1625. Securities laws exemption

-STATUTE-

(a) Laws; termination date of exempt status

A Native Corporation shall be exempt from the provisions, as

amended, of the Investment Company Act of 1940 (54 Stat. 789) [15

U.S.C. 80a-1 et seq.], the Securities Act of 1933 (48 Stat. 74) [15

U.S.C. 77a et seq.], and the Securities Exchange Act of 1934 (48

Stat. 881) [15 U.S.C. 78a et seq.] until the earlier of the day

after -

(1) the date on which the corporation issues shares of stock

other than Settlement Common Stock in a transaction where -

(A) the transaction or the shares are not otherwise exempt

from Federal securities laws; and

(B) the shares are issued to persons or entities other than -

(i) individuals who held shares in the corporation on

February 3, 1988;

(ii) Natives;

(iii) descendants of Natives;

(iv) individuals who have received shares of Settlement

Common Stock by inheritance pursuant to section 1606(h)(2) of

this title;

(v) Settlement Trusts; or

(vi) entities established for the sole benefit of Natives

or descendants of Natives; or

(2) the date on which alienability restrictions are terminated;

or

(3) the date on which the corporation files a registration

statement with the Securities and Exchange Commission pursuant to

either the Securities Act of 1933 [15 U.S.C. 77a et seq.] or the

Securities Exchange Act of 1934 [15 U.S.C. 78a et seq.].

(b) Status of Native Corporations after termination date

No provision of this section shall be construed to require or

imply that a Native Corporation shall, or shall not, be subject to

provisions of the Acts listed in subsection (a) of this section

after any of the dates described in subsection (a) of this section.

(c) Annual report to shareholders; shareholders of record

(1) A Native Corporation that, but for this section, would be

subject to the provisions of the Securities Exchange Act of 1934

[15 U.S.C. 78a et seq.] shall annually prepare and transmit to its

shareholders a report that contains substantially all the

information required to be included in an annual report to

shareholders by a corporation subject to that Act.

(2) For purposes of determining the applicability of the

registration requirements of the Securities Exchange Act of 1934 on

or after the date described in subsection (a) of this section,

holders of Settlement Common Stock shall be excluded from the

calculation of the number of shareholders of record pursuant to

section 12(g) of that Act [15 U.S.C. 78l(g)].

(d) Wholly owned subsidiaries; Settlement Trusts; voluntary

registration as Investment Company

(1) Notwithstanding any other provision of law, prior to January

1, 2001, the provisions of the Investment Company Act of 1940 [15

U.S.C. 80a-1 et seq.] shall not apply to any Native Corporation or

any subsidiary of such corporation if such subsidiary is wholly

owned (as that term is defined in the Investment Company Act of

1940) by the corporation and the corporation owns at least 95 per

centum of the equity of the subsidiary.

(2) The Investment Company Act of 1940 shall not apply to any

Settlement Trust.

(3) If, but for this section, a Native Corporation would qualify

as an Investment Company under the Investment Company Act of 1940,

it shall be entitled to voluntarily register pursuant to such Act

and any such corporation which so registered shall thereafter

comply with the provisions of such Act.

-SOURCE-

(Pub. L. 92-203, Sec. 28, as added Pub. L. 94-204, Sec. 3, Jan. 2,

1976, 89 Stat. 1147; amended Pub. L. 100-241, Sec. 14, Feb. 3,

1988, 101 Stat. 1811.)

-REFTEXT-

REFERENCES IN TEXT

The Investment Company Act of 1940, referred to in subsecs. (a)

and (d), is title I of act Aug. 22, 1940, ch. 686, 54 Stat. 789, as

amended, which is classified generally to subchapter I (Sec. 80a-1

et seq.) of chapter 2D of Title 15, Commerce and Trade. For

complete classification of this Act to the Code, see section 80a-51

of Title 15 and Tables.

The Securities Act of 1933 (48 Stat. 74), referred to in subsec.

(a), is act May 27, 1933, ch. 38, title I, 48 Stat. 74, as amended,

which is classified generally to subchapter I (Sec. 77a et seq.) of

chapter 2A of Title 15. For complete classification of this Act to

the Code, see section 77a of Title 15 and Tables.

The Securities Exchange Act of 1934, referred to in subsecs. (a)

and (c), is act June 6, 1934, ch. 404, 48 Stat. 881, as amended,

which is classified principally to chapter 2B (Sec. 78a et seq.) of

Title 15. For complete classification of this Act to the Code, see

section 78a of Title 15 and Tables.

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-241 amended section generally. Prior to

amendment, section read as follows: "Any corporation organized

pursuant to this chapter shall be exempt from the provisions of the

Investment Company Act of 1940 (54 Stat. 789) [15 U.S.C. 80a-1 et

seq.], the Securities Act of 1933 (48 Stat. 74) [15 U.S.C. 77a et

seq.], and the Securities Exchange Act of 1934 (48 Stat. 881), as

amended [15 U.S.C. 78a et seq.], through December 31, 1991. Nothing

in this section, however, shall be construed to mean that any such

corporation shall or shall not, after such date, be subject to the

provisions of such Acts. Any such corporation which, but for this

section, would be subject to the provisions of the Securities

Exchange Act of 1934 shall transmit to its stockholders each year a

report containing substantially all the information required to be

included in an annual report to stockholders by a corporation which

is subject to the provisions of such Act."

CONSTRUCTION OF ALASKA NATIVE CLAIMS SETTLEMENT ACT WITH PUB. L.

94-204

Section 18 of Pub. L. 94-204 provided that: "Except as

specifically provided in this Act [enacting this section and

sections 1626 and 1627 of this title, amending sections 1615, 1616,

1620 and 1621 of this title, and enacting provisions set out as

notes under this section and sections 1604, 1605, 1611, 1613, and

1618 of this title], (i) the provisions of the Settlement Act [this

chapter] are fully applicable to this Act, and (ii) nothing in this

Act shall be construed to alter or amend any of such provisions."

-End-

-CITE-

43 USC Sec. 1626 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 1626. Relation to other programs

-STATUTE-

(a) Continuing availability of otherwise available governmental

programs

The payments and grants authorized under this chapter constitute

compensation for the extinguishment of claims to land, and shall

not be deemed to substitute for any governmental programs otherwise

available to the Native people of Alaska as citizens of the United

States and the State of Alaska.

(b) Food stamp program

Notwithstanding section 5(a) and any other provision of the Food

Stamp Act of 1964 (78 Stat. 703), as amended [7 U.S.C. 2011 et

seq.], in determining the eligibility of any household to

participate in the food stamp program, any compensation,

remuneration, revenue, or other benefit received by any member of

such household under this chapter shall be disregarded.

(c) Eligibility for need-based Federal programs

In determining the eligibility of a household, an individual

Native, or a descendant of a Native (as defined in section 1602(r)

of this title) to -

(1) participate in the Food Stamp Program,

(2) receive aid, assistance, or benefits, based on need, under

the Social Security Act [42 U.S.C. 301 et seq.], or

(3) receive financial assistance or benefits, based on need,

under any other Federal program or federally-assisted program,

none of the following, received from a Native Corporation, shall be

considered or taken into account as an asset or resource:

(A) cash (including cash dividends on stock received from a

Native Corporation and on bonds received from a Native

Corporation) to the extent that it does not, in the aggregate,

exceed $2,000 per individual per annum;

(B) stock (including stock issued or distributed by a Native

Corporation as a dividend or distribution on stock) or bonds

issued by a Native Corporation which bonds shall be subject to

the protection of section 1606(h) of this title until voluntarily

and expressly sold or pledged by the shareholder subsequent to

the date of distribution;

(C) a partnership interest;

(D) land or an interest in land (including land or an interest

in land received from a Native Corporation as a dividend or

distribution on stock); and

(E) an interest in a settlement trust.

(d) Federal Indian programs

Notwithstanding any other provision of law, Alaska Natives shall

remain eligible for all Federal Indian programs on the same basis

as other Native Americans.

(e) Minority and economically disadvantaged status

(1) For all purposes of Federal law, a Native Corporation shall

be considered to be a corporation owned and controlled by Natives

and a minority and economically disadvantaged business enterprise

if the Settlement Common Stock of the corporation and other stock

of the corporation held by holders of Settlement Common Stock and

by Natives and descendants of Natives, represents a majority of

both the total equity of the corporation and the total voting power

of the corporation for the purposes of electing directors.

(2) For all purposes of Federal law, direct and indirect

subsidiary corporations, joint ventures, and partnerships of a

Native Corporation qualifying pursuant to paragraph (1) shall be

considered to be entities owned and controlled by Natives and a

minority and economically disadvantaged business enterprise if the

shares of stock or other units of ownership interest in any such

entity held by such Native Corporation and by the holders of its

Settlement Common Stock represent a majority of both -

(A) the total equity of the subsidiary corporation, joint

venture, or partnership; and

(B) the total voting power of the subsidiary corporation, joint

venture, or partnership for the purpose of electing directors,

the general partner, or principal officers.

(3) No provision of this subsection shall -

(A) preclude a Federal agency or instrumentality from applying

standards for determining minority ownership (or control) less

restrictive than those described in paragraphs (1) and (2), or

(B) supersede any such less restrictive standards in existence

on February 3, 1988.

(4)(A) Congress confirms that Federal procurement programs for

tribes and Alaska Native Corporations are enacted pursuant to its

authority under Article I, Section 8 of the United States

Constitution.

(B) Contracting with an entity defined in subsections (!1) (e)(1)

or (e)(2) of this section or section 1452(c) of title 25 shall be

credited towards the satisfaction of a contractor's small or small

disadvantaged business subcontracting goals under section 502 of

P.L. 100-656, provided that where lower tier subcontractors exist,

the entity shall designate the appropriate contractor or

contractors to receive such credit.

(C) Any entity that satisfies subsection (e)(1) or (e)(2) of this

section that has been certified under section 637 of title 15 is a

Disadvantaged Business Enterprise for the purposes of Public Law

105-178.

(f) Omitted

(g) Civil Rights Act of 1964

For the purposes of implementation of the Civil Rights Act of

1964 [42 U.S.C. 2000a et seq.], a Native Corporation and

corporations, partnerships, joint ventures, trusts, or affiliates

in which the Native Corporation owns not less than 25 per centum of

the equity shall be within the class of entities excluded from the

definition of "employer" by section 701(b)(1) of Public Law 88-352

(78 Stat. 253), as amended [42 U.S.C. 2000e(b)(1)], or successor

statutes.

-SOURCE-

(Pub. L. 92-203, Sec. 29, as added Pub. L. 94-204, Sec. 4, Jan. 2,

1976, 89 Stat. 1147; amended Pub. L. 100-241, Sec. 15, Feb. 3,

1988, 101 Stat. 1812; Pub. L. 102-415, Secs. 10, 11, Oct. 14, 1992,

106 Stat. 2115; Pub. L. 105-333, Sec. 5, Oct. 31, 1998, 112 Stat.

3131; Pub. L. 107-117, div. B, Sec. 702, Jan. 10, 2002, 115 Stat.

2312; Pub. L. 107-206, title III, Sec. 3003, Aug. 2, 2002, 116

Stat. 924.)

-REFTEXT-

REFERENCES IN TEXT

The Food Stamp Act of 1964 (78 Stat. 703), as amended, referred

to in subsec. (b), is Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703,

as amended, known as the Food Stamp Act of 1977, which is

classified generally to chapter 51 (Sec. 2011 et seq.) of Title 7,

Agriculture. Section 5(a) of such Act is classified section 2014(a)

of Title 7. For complete classification of this Act to the Code,

see Short Title note set out under section 2011 of Title 7 and

Tables.

The Social Security Act, referred to in subsec. (c)(2), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is

classified generally to chapter 7 (Sec. 301 et seq.) of Title 42,

The Public Health and Welfare. For complete classification of this

Act to the Code, see section 1305 of Title 42 and Tables.

Section 502 of P.L. 100-656, referred to in subsec. (e)(4)(B), is

section 502 of title V of Pub. L. 100-656, Nov. 15, 1988, 102 Stat.

3881, which amended section 644(g) of Title 15, Commerce and Trade.

Public Law 105-178, referred to in subsec. (e)(4)(C), is Pub. L.

105-178, June 9, 1998, 112 Stat. 107, as amended, known as the

Transportation Equity Act for the 21st Century. The Disadvantaged

Business Enterprise provisions of the Act are set out as a note

under section 101 of Title 23, Highways. For complete

classification of this Act to the Code, see Short Title of 1998

Amendment note set out under section 101 of Title 23 and Tables.

The Civil Rights Act of 1964, referred to in subsec. (g), is Pub.

L. 88-352, July 2, 1964, 78 Stat. 241, as amended, which is

classified principally to subchapters II to IX (Sec. 2000a et seq.)

of chapter 21 of Title 42. For complete classification of this Act

to the Code, see Short Title note set out under section 2000a of

Title 42 and Tables.

-COD-

CODIFICATION

Subsec. (f) amended section 1702(3), (4) of Title 30, Mineral

Lands and Mining, and provided for effective date of such

amendment.

-MISC1-

AMENDMENTS

2002 - Subsec. (e)(4). Pub. L. 107-117 added par. (4).

Subsec. (e)(4)(B). Pub. L. 107-206, Sec. 3003(1), substituted

"subsections (e)(1) or (e)(2)" for "subsection (e)(2)" and directed

the substitution of "small or small disadvantaged business

subcontracting goals under section 502 of P.L. 100-656, provided

that where lower tier subcontractors exist, the entity shall

designate the appropriate contractor or contractors to receive such

credit" for "obligations under section 7 of P.L. 87-305", which was

executed by making the substitution for "obligations under section

7 of Public Law 87-305", to reflect the probable intent of

Congress.

Subsec. (e)(4)(C). Pub. L. 107-206, Sec. 3003(2), substituted

"subsection (e)(1) or (e)(2)" for "subsection (e)(2)".

1998 - Subsec. (c)(3)(A). Pub. L. 105-333, Sec. 5(1), inserted

"and on bonds received from a Native Corporation".

Subsec. (c)(3)(B). Pub. L. 105-333, Sec. 5(2), inserted before

semicolon at end "or bonds issued by a Native Corporation which

bonds shall be subject to the protection of section 1606(h) of this

title until voluntarily and expressly sold or pledged by the

shareholder subsequent to the date of distribution".

1992 - Subsec. (e)(1), (2). Pub. L. 102-415, Sec. 10, inserted

"and economically disadvantaged" after "minority".

Subsec. (g). Pub. L. 102-415, Sec. 11, substituted "of entities

excluded from the definition of 'employer' by" for "defined in" and

"section 701(b)(1)" for "section 701(b)".

1988 - Subsecs. (c) to (g). Pub. L. 100-241 added subsecs. (c) to

(g).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 632.

-FOOTNOTE-

(!1) So in original. Probably should be "subsection".

-End-

-CITE-

43 USC Sec. 1627 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 1627. Merger of Native corporations

-STATUTE-

(a) Applicability of State law

Notwithstanding any provision of this chapter, any corporation

created pursuant to section 1606(d), 1607(a), 1613(h)(2), or

1613(h)(3) of this title within any of the twelve regions of

Alaska, as established by section 1606(a) of this title, may, at

any time, merge or consolidate, pursuant to the applicable

provisions of the laws of the State of Alaska, with any other of

such corporation or corporations created within or for the same

region. Any corporations resulting from mergers or consolidations

further may merge or consolidate with other such merged or

consolidated corporations within the same region or with other of

the corporations created in said region pursuant to section

1606(d), 1607(a), 1613(h)(2), or 1613(h)(3) of this title.

(b) Terms and conditions of merger; rights of dissenting

shareholders; rights and liabilities of successor corporation

Such mergers or consolidations shall be on such terms and

conditions as are approved by vote of the shareholders of the

corporations participating therein, including, where appropriate,

terms providing for the issuance of additional shares of Regional

Corporation stock to persons already owning such stock, and may

take place pursuant to votes of shareholders held either before or

after January 2, 1976: Provided, That the rights accorded under

Alaska law to dissenting shareholders in a merger or consolidation

may not be exercised in any merger or consolidation pursuant to

this chapter effected while the Settlement Common Stock of all

corporations subject to merger or consolidation remains subject to

alienability restrictions..(!1) Upon the effectiveness of any such

mergers or consolidations the corporations resulting therefrom and

the shareholders thereof shall succeed and be entitled to all the

rights, privileges, and benefits of this chapter, including but not

limited to the receipt of lands and moneys and exemptions from

various forms of Federal, State, and local taxation, and shall be

subject to all the restrictions and obligations of this chapter as

are applicable to the corporations and shareholders which and who

participated in said mergers or consolidations or as would have

been applicable if the mergers or consolidations and transfers of

rights and titles thereto had not taken place: Provided, That,

where a Village Corporation organized pursuant to section 1618(b)

of this title merges or consolidates with the Regional Corporation

of the region in which such village is located or with another

Village Corporation of that region, no provision of such merger or

consolidation shall be construed as increasing or otherwise

changing regional enrollments for purposes of distribution of the

Alaska Native Fund; land selection eligibility; or revenue sharing

pursuant to sections 1605(c), 1606(m), 1611(b), 1613(h)(8), and

1606(i) of this title.

(c) Alteration or elimination of dividend rights

Notwithstanding the provisions of section 1606(j) or (m) of this

title, in any merger or consolidation in which the class of

stockholders of a Regional Corporation who are not residents of any

of the villages in the region are entitled under Alaska law to vote

as a class, the terms of the merger or consolidation may provide

for the alteration or elimination of the right of said class to

receive dividends pursuant to said section 1606(j) or (m) of this

title. In the event that such dividend right is not expressly

altered or eliminated by the terms of the merger or consolidation,

such class of stockholders shall continue to receive such dividends

pursuant to section 1606(j) or (m) of this title as would have been

applicable if the merger or consolidation had not taken place and

all Village Corporations within the affected region continued to

exist separately.

(d) Approval of merger or consolidation by shareholders

Notwithstanding any other provision of this section or of any

other law, no corporation referred to in this section may merger or

consolidate with any other such corporations unless that

corporation's shareholders have approved such merger or

consolidation.

(e) Conveyance of right to withhold consent to mineral exploration,

development, etc., as part of merger or consolidation

The plan of merger or consolidation shall provide that the right

of any affected Village Corporation pursuant to section 1613(f) of

this title to withhold consent to mineral exploration, development,

or removal within the boundaries of the Native village shall be

conveyed, as part of the merger or consolidation, to a separate

entity composed of the Native residents of such Native village.

-SOURCE-

(Pub. L. 92-203, Sec. 30, as added Pub. L. 94-204, Sec. 6, Jan. 2,

1976, 89 Stat. 1148; amended Pub. L. 100-241, Sec. 12(c), Feb. 3,

1988, 101 Stat. 1810.)

-MISC1-

AMENDMENTS

1988 - Subsec. (b). Pub. L. 100-241 substituted "while the

Settlement Common Stock of all corporations subject to merger or

consolidation remains subject to alienability restrictions." for

"prior to December 19, 1991".

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

43 USC Sec. 1628 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 1628. Assignments by Regional Corporations of rights to

receive payments from Fund

-STATUTE-

(a) Recognition by Secretary; scope of recognition

Notwithstanding the provision of section 3727 of title 31, the

Secretary is authorized to recognize validly executed assignments

made by Regional Corporations of their rights to receive payments

from the Alaska Native Fund. Such assignments shall only be

recognized to the extent that the Regional Corporation involved is

not required to distribute funds pursuant to subsection (j) or (m)

of section 1606 of this title.

(b) Nonrecognition by Secretary

The Secretary shall not recognize any assignment under this

section which does not provide that the United States reserves the

right to assert against the assignee and successors of the

assignee, any setoff or counterclaim which the United States has

against the assignor Corporation.

(c) Claims against Secretary by stockholders of Regional or Village

Corporation for recognition of assignment

No stockholder of any Regional or Village Corporation shall have

any claim against the Secretary or the United States as the result

of any assignment duly recognized by the Secretary pursuant to this

section.

-SOURCE-

(Pub. L. 92-203, Sec. 31, as added Pub. L. 95-178, Sec. 4, Nov. 15,

1977, 91 Stat. 1370.)

-COD-

CODIFICATION

In subsec. (a), "section 3727 of title 31" substituted for

"section 3477 of the Revised Statutes, as amended (31 U.S.C. 203)"

on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.

1067, the first section of which enacted Title 31, Money and

Finance.

-End-

-CITE-

43 USC Sec. 1629 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 1629. Cape Krusenstern National Monument land exchange between

United States and NANA Regional Corporation, Inc.

-STATUTE-

(a) Definitions

For purposes of this section the following terms shall have the

following meanings:

(1) the term "The Agreement" or "Agreement" means the agreement

entitled "Terms and Conditions Governing Legislative Land

Consolidation and Exchange between NANA Regional Corporation,

Inc., and the United States" executed by the Secretary of the

Interior and the President of NANA Regional Corporation, Inc., on

January 31 and January 24, 1985, respectively.

(2) the term "transportation system" means the Red Dog Mine

Transportation System described in Exhibit B of the Agreement.

(3) the term "NANA" means NANA Regional Corporation, Inc., a

corporation formed for the Natives of Northwest Alaska pursuant

to the provisions of this chapter.

(b) Conveyances of lands and interests in lands

Except as otherwise provided by this section, the Secretary shall

convey to NANA, in accordance with the terms and conditions set

forth in the Agreement, lands and interests in lands specified in

the Agreement in exchange for lands and interests in lands of NANA,

specified in the Agreement, upon fulfillment by NANA of its

obligations under the Agreement: Provided, however, That this

modified exchange is accepted by NANA within 60 days of September

25, 1985.

(c) Exchange limited to designated lands

(1) The Secretary shall convey to NANA, pursuant to the

provisions of paragraph A(1) of the Agreement, the right, title and

interest of the United States only in and to those lands designated

as "Amended A(1) Lands" on the map entitled "Modified Cape

Krusenstern Land Exchange", dated July 18, 1985. The charges to be

made pursuant to paragraphs B(1) and D(27) of the Agreement against

NANA's land entitlements under this chapter shall be reduced by an

amount equivalent to the difference between that acreage conveyed

pursuant to this subsection and the acreage that would have been

conveyed to NANA pursuant to paragraph A(1) of the Agreement but

for this subsection.

(2) Notwithstanding the provisions of paragraph A(3) of the

Agreement, the Secretary shall not convey to NANA any right, title

and interest of the United States in the lands described in such

paragraph A(3) and the Secretary shall make no charge to NANA's

remaining entitlements under this chapter with respect to such

lands. Such lands shall be retained in Federal ownership but shall

be subject to the easement described in Exhibit D to the Agreement

as if the lands had been conveyed to NANA pursuant to paragraph

A(3) of the Agreement.

(d) Easement in and to transportation system lands

(1) There is hereby granted to NANA an easement in and to the

lands designated as "Transportation System Lands" on the map

entitled "Modified Cape Krusenstern Land Exchange", dated July 18,

1985, for use in the construction, operation, maintenance,

expansion and reclamation of the transportation system. Use of the

easement for such purposes shall be subject only to the terms and

conditions governing the construction, operation, maintenance,

expansion and reclamation of the transportation system, as set

forth in Exhibit B to the Agreement.

(2) The easement granted pursuant to this section shall be for a

term of 100 years. The easement shall terminate prior to the

100-year term:

(i) if it is relinquished to the United States; or

(ii) if construction of the transportation system has not

commenced within 20 years of September 25, 1985. Computation of

the 20-year period shall exclude periods when construction could

not commence because of force majeure, act of God or order of a

court; or

(iii) upon completion of reclamation pursuant to the

reclamation plan required by Exhibit B to the Agreement.

(3) Within 90 days after September 25, 1985, the Secretary shall

execute the necessary documents evidencing the grant to NANA of the

easement granted by this section.

(4) Except as regards the trail easement described in Exhibit D

to the Agreement (to which the "Transportation System Lands" shall

be subject as if such lands had been conveyed to NANA pursuant to

paragraph A(1) of the Agreement), access to the lands subject to

the easement granted by this section shall be subject to such

limitations, restrictions or conditions as may be imposed by NANA,

its successors and assigns, but NANA and its successors and assigns

shall permit representatives of the Secretary such access as the

Secretary determines is necessary for the monitoring required by

this section.

(e) Compliance with local laws

The easement granted by this section makes available land for the

transportation system, and is intended to be sufficient to permit

NANA to comply with the laws of the State of Alaska which may be

necessary to secure financing of the construction of the

transportation system and the operation, maintenance or expansion

thereof by the State of Alaska or by the Alaska Industrial

Development Authority.

(f) Reconveyance of easement by NANA

The easement granted to NANA by this section may be reconveyed by

NANA, but after any such reconveyance the terms and conditions

specified in Exhibit B of the Agreement shall continue to apply in

full to the easement.

(g) Construction materials taken from borrow sites within easement

NANA is hereby granted the right to use, develop and sell sand,

gravel and related construction materials from borrow sites located

within the easement granted pursuant to this section as required

for the construction, operation, maintenance, expansion and

reclamation of the transportation system, subject to the terms and

conditions specified in Exhibit B of the Agreement.

(h) Agreement as governing use of lands

(1) The construction, operation, maintenance, expansion and

reclamation of any portion of the transportation system on any of

the lands subject to the easement granted to NANA by this section

shall be governed solely by the terms and conditions of the

Agreement, including the procedural and substantive provisions of

Exhibit B to the Agreement, as if the lands covered by the easement

granted to NANA by this section had been conveyed to NANA pursuant

to paragraph A(1) of the Agreement.

(2) The Secretary of the Interior, acting through the National

Park Service, shall monitor the construction, operation,

maintenance, expansion and reclamation of the transportation

system, as provided in the Agreement. Any complaint by any person

or entity that any aspect of the construction, operation,

maintenance, expansion or reclamation of the portion of the

transportation system on the lands subject to the easement granted

to NANA by this section is not in accordance with the terms and

conditions specified in the Agreement shall be made to the

Secretary in writing. The Secretary shall review any such complaint

and shall provide to NANA or its successors or assigns and to the

complainant a decision in writing on the complaint within 90 days

of receipt thereof. If the Secretary determines that the activity

made the subject of a complaint is not in accordance with the terms

specified in the Agreement, and NANA or its successors or assigns

disagrees with that determination, the dispute shall be resolved

according to the procedures established in Exhibit B to the

Agreement.

(i) Use of construction materials from other sites

The Secretary shall make available to NANA and its successors and

assigns the right to use sand, gravel and related construction

materials located in Sections 23, 24, 25, 26, 35 and 36 of Township

26 North, Range 24 West, Kateel River Meridian, Alaska, if the

Secretary determines either (1) that use of such sand, gravel or

related construction material is necessary because there is no

other sand, gravel or related construction material reasonably

available for the construction, operation, maintenance, expansion

or reclamation of the transportation system; or (2) that use of

such sand, gravel or related construction material is necessary in

order to construct, operate, maintain, expand, or reclaim the

transportation system in an environmentally sound manner,

consistent with the requirements of Exhibit B of the Agreement. The

right to use such sand, gravel and related construction material

shall be subject to the terms and conditions of paragraph A of

Exhibit B of the Agreement and such other reasonable terms and

conditions as the Secretary may prescribe.

(j) Congressional consultation as prerequisite to amendment of

Agreement

Notwithstanding paragraph D(23) of the Agreement, the Secretary

shall not agree to any amendment to the Agreement without first

consulting with the Committee on Natural Resources of the House of

Representatives and the Committee on Energy and Natural Resources

of the Senate and shall transmit copies of the text of any

amendment to the Agreement to those Committees at the time of his

agreeing to any such amendment.

-SOURCE-

(Pub. L. 92-203, Sec. 34, as added Pub. L. 99-96, Sec. 1, Sept. 25,

1985, 99 Stat. 460; amended Pub. L. 103-437, Sec. 16(a)(5), Nov. 2,

1994, 108 Stat. 4594.)

-MISC1-

AMENDMENTS

1994 - Subsec. (j). Pub. L. 103-437 substituted "Natural

Resources" for "Interior and Insular Affairs" before "of the

House".

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1629a of this title.

-End-

-CITE-

43 USC Sec. 1629a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 1629a. Relinquishment by NANA Regional Corporation, Inc., of

lands compact and contiguous to public lands in Cape Krusenstern

National Monument

-STATUTE-

(a) Terms and conditions

The terms and conditions of this section are solely applicable to

the lands described in paragraph A(1) of the Agreement, which is

defined by section 1629(a)(1) of this title and modified by section

1629 of this title, and shall not affect the relinquishment by NANA

described in section B(1) of such Agreement.

(b) Conveyance of lands to United States

NANA Regional Corporation, Inc. ("NANA"), may convey by

quit-claim deed to the United States all of its interest in the

surface and subsurface estate in any lands described in subsection

(a) of this section: Provided, however, That NANA can relinquish

only lands that are compact and contiguous to other public lands

within the Krusenstern National Monument and, if the lands to be

relinquished have been disturbed by NANA, the Secretary must first

determine that such disturbance has not rendered the lands

incompatible with Monument values. Whenever NANA executes a

quit-claim deed pursuant to this section, it shall be entitled to

designate and have conveyed to it any lands outside the boundaries

of the Cape Krusenstern National Monument and any other

conservation system unit, as established and defined by the Alaska

National Interest Lands Conservation Act (Public Law 96-487; 94

Stat. 2371, et seq.), covered by any of its pending selection

applications filed under the entitlement provisions of either

section 1611(b), 1611(c) or 1613(h)(8) of this title. Lands

conveyed to NANA pursuant to this subsection shall be of a like

estate and equal in acreage to that conveyed by NANA to the United

States. The lands conveyed to NANA pursuant to this subsection

shall be in exchange for the lands conveyed by NANA to the United

States and there shall be no change in the charges previously made

to NANA's land entitlements with respect to the lands conveyed by

NANA to the United States. Lands received by NANA pursuant to this

subsection are Settlement Act lands.

(c) Relinquishment of interests under filed selection applications

NANA may relinquish any interest it has under selection

applications filed pursuant to this chapter in the surface and

subsurface estate in lands described in subsection (a) of this

section by formally withdrawing such application pursuant to this

section: Provided, however, That NANA can relinquish only interests

in lands that are compact and contiguous to other public lands

within the Krusenstern National Monument and, if the lands have

been disturbed by NANA, the Secretary must first determine that

such disturbance has not rendered the lands incompatible with

Monument values. Whenever NANA formally withdraws a selection

application pursuant to this section, it shall be entitled to

designate and have conveyed to it lands outside the boundaries of

Cape Krusenstern National Monument and any other conservation

system unit, as established and defined by the Alaska National

Interest Lands Conservation Act (Public Law 96-487; 94 Stat. 2371,

et seq.) pursuant to any of its pending selection applications

filed under either section 1611(b), 1611(c) or 1613(h)(8) of this

title. Lands conveyed to NANA under this subsection shall be of a

like estate and equal in acreage to the interest which NANA

relinquished, and when the lands are conveyed to NANA, the

conveyance shall be charged against the same entitlement of NANA as

if the lands had been conveyed pursuant to the relinquished

selection applications. Lands received by NANA pursuant to this

subsection are Settlement Act lands.

(d) Termination date

The provisions of this section shall remain in effect only until

December 18, 1991.

(e) Effect on NANA's selection rights or entitlement to lands

Nothing in this section shall be deemed to alter or amend in any

way NANA's selection rights or to increase or diminish NANA's total

entitlement to lands pursuant to this chapter.

-SOURCE-

(Pub. L. 92-203, Sec. 35, as added Pub. L. 99-96, Sec. 1, Sept. 25,

1985, 99 Stat. 462.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska National Interest Lands Conservation Act, referred to

in subsecs. (b) and (c), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat.

2371, as amended. For complete classification of this Act to the

Code, see Short Title note set out under section 3101 of Title 16,

Conservation, and Tables.

-End-

-CITE-

43 USC Sec. 1629b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 1629b. Procedures for considering amendments and resolutions

-STATUTE-

(a) Coverage

Notwithstanding any provision of the articles of incorporation

and bylaws of a Native Corporation or of the laws of the State,

except those related to proxy statements and solicitations that are

not inconsistent with this section -

(1) an amendment to the articles of incorporation of a Native

Corporation authorized by subsections (g) and (h) of section 1606

of this title, subsection (d)(1)(B) of this section, or section

1629c of this title;

(2) a resolution authorized by section 1629d(a)(2) of this

title;

(3) a resolution to establish a Settlement Trust; or

(4) a resolution to convey all or substantially all of the

assets of a Native Corporation to a Settlement Trust pursuant to

section 1629e(a)(1) of this title;

shall be considered in accordance with the provisions of this

section.

(b) Basic procedure

(1) An amendment or resolution described in subsection (a) of

this section may be approved by the board of directors of a Native

Corporation in accordance with its bylaws. If the board approves

the amendment or resolution, it shall direct that the amendment or

resolution be submitted to a vote of the shareholders at the next

annual meeting or at a special meeting (if the board, at its

discretion, schedules such special meeting). One or more such

amendments or resolutions may be submitted to the shareholders and

voted upon at one meeting.

(2)(A) A written notice (including a proxy statement if required

under applicable law), setting forth the amendment or resolution

approved pursuant to paragraph (1) (and, at the discretion of the

board, a summary of the changes to be effected) together with any

amendment or resolution submitted pursuant to subsection (c) of

this section and the statements described therein shall be sent,

not less than fifty days nor more than sixty days prior to the

meeting of the shareholders, by first-class mail or hand-delivered

to each shareholder of record entitled to vote at his or her

address as it appears in the records of the Native Corporation. The

corporation may also communicate with its shareholders at any time

and in any manner authorized by the laws of the State.

(B) The board of directors may, but shall not be required to,

appraise or otherwise determine the value of -

(i) land conveyed to the corporation pursuant to section

1613(h)(1) of this title or any other land used as a cemetery;

(ii) the surface estate of land that is both -

(I) exempt from real estate taxation pursuant to section

1636(d)(1)(A) of this title; and

(II) used by the shareholders of the corporation for

subsistence uses (as defined in section 3113 of title 16); or

(iii) land or interest in land which the board of directors

believes to be only of speculative value;

in connection with any communication made to the shareholders

pursuant to this subsection.

(C) If the board of directors determines, for quorum purposes or

otherwise, that a previously-noticed meeting must be postponed or

adjourned, it may, by giving notice to the shareholders, set a new

date for such meeting not more than forty-five days later than the

original date without sending the shareholders a new written notice

(or a new summary of changes to be effected). If the new date is

more than forty-five days later than the original date, however, a

new written notice (and a new summary of changes to be effected if

such a summary was originally sent pursuant to subparagraph (A)),

shall be sent or delivered to shareholders not less than thirty

days nor more than forty-five days prior to the new date.

(c) Shareholder petitions

(1)(A) With respect to an amendment authorized by section

1606(g)(1)(B) of this title or section 1629c(b) of this title or an

amendment authorizing the issuance of stock subject to the

restrictions provided by section 1606(g)(2)(B)(iii) of this title,

the holders of shares representing at least 25 per centum of the

total voting power of a Native Corporation may petition the board

of directors to submit such amendment to a vote of the shareholders

in accordance with the provisions of this section.

(B) The requirements of the laws of the State relating to the

solicitation of proxies shall govern solicitation of signatures for

a petition described in subparagraph (A) except that the

requirements of Federal law shall govern the solicitation of

signatures for a petition that is to be submitted to a Native

Corporation which at the time of such submission has issued a class

of equity securities registered pursuant to the Securities Exchange

Act of 1934 [15 U.S.C. 78a et seq.]. If a petition meets the

applicable solicitation requirements and -

(i) the board agrees with such petition, the board shall submit

the amendment and either the proponents' statement or its own

statement in support of the amendment to the shareholders for a

vote, or

(ii) the board disagrees with the petition for any reason, the

board shall submit the amendment and the proponents' statement to

the shareholders for a vote and may, at its discretion, submit an

opposing statement or an alternative amendment.

(2) Paragraph (1) shall not apply to a Native Corporation that on

or before the date one year after February 3, 1988, elects

application of section 1629c(d) of this title in lieu of section

1629c(b) of this title. Until December 18, 1991, paragraph (1)

shall not apply to a Native Corporation that elects application of

section 1629c(c) of this title in lieu of section 1629c(b) of this

title. Insofar as they are not inconsistent with this section, the

laws of the State shall govern any shareholder right of petition

for Native Corporations.

(d) Voting standards

(1) An amendment or resolution described in subsection (a) of

this section shall be considered to be approved by the shareholders

of a Native Corporation if it receives the affirmative vote of

shares representing -

(A) a majority of the total voting power of the corporation, or

(B) a level of the total voting power of the corporation

greater than a majority (but not greater than two-thirds of the

total voting power of the corporation) if the corporation

establishes such a level by an amendment to its articles of

incorporation.

(2) A Native Corporation in amending its articles of

incorporation pursuant to section 1606(g)(2) of this title to

authorize the issuance of a new class or series of stock may

provide that a majority (or more than a majority) of the shares of

such class or series must vote in favor of an amendment or

resolution described in subsection (a) of this section (other than

an amendment authorized by section 1629c of this title) in order

for such amendment or resolution to be approved.

(e) Voting power

For the purposes of this section, the determination of total

voting power of a Native Corporation shall include all outstanding

shares of stock that carry voting rights except shares that are not

permitted to vote on the amendment or resolution in question

because of restrictions in the articles of incorporation of the

corporation.

-SOURCE-

(Pub. L. 92-203, Sec. 36, as added Pub. L. 100-241, Sec. 7, Feb. 3,

1988, 101 Stat. 1795.)

-REFTEXT-

REFERENCES IN TEXT

The Securities Exchange Act of 1934, referred to in subsec.

(c)(1)(B), is act June 6, 1934, ch. 404, 48 Stat. 881, as amended,

which is classified principally to chapter 2B (Sec. 78a et seq.) of

Title 15, Commerce and Trade. For complete classification of this

Act to the Code, see section 78a of Title 15 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1606, 1629e of this

title.

-End-

-CITE-

43 USC Sec. 1629c 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 1629c. Duration of alienability restrictions

-STATUTE-

(a) General rule

Alienability restrictions shall continue until terminated in

accordance with the procedures established by this section. No such

termination shall take effect until after July 16, 1993: Provided,

however, That this prohibition shall not apply to a Native

Corporation whose board of directors approves, no later than March

1, 1992, a resolution (certified by the corporate secretary of such

corporation) electing to decline the application of such

prohibition.

(b) Opt-out procedure

(1)(A) A Native Corporation may amend its articles of

incorporation to terminate alienability restrictions in accordance

with this subsection. Only one amendment to terminate alienability

restrictions shall be considered and voted on prior to December 18,

1991. Rejection of the amendment shall not preclude consideration

prior to December 18, 1991, of subsequent amendments to terminate

alienability restrictions.

(B) If an amendment to terminate alienability restrictions is

considered, voted on, and rejected prior to December 18, 1991, then

subsequent amendments to terminate alienability restrictions after

December 18, 1991, shall be considered and voted on -

(i) in the case of an amendment submitted by the board of

directors of the corporation on its own motion, not earlier than

five years after the rejection of the most recently rejected

amendment to terminate restrictions; or

(ii) in the case of an amendment submitted by the board of

directors of the corporation pursuant to a shareholder petition,

not earlier than two years after the rejection of the most

recently rejected amendment to terminate restrictions.

(C) If no amendment to terminate alienability restrictions is

considered and voted on prior to December 18, 1991, then amendments

to terminate alienability restrictions after December 18, 1991,

shall be considered and voted on -

(i) in the case of an amendment submitted by the board of

directors of the corporation on its own motion, not more than

once every five years; or

(ii) in the case of an amendment submitted by the board of

directors of the corporation pursuant to a shareholder petition,

not more than once every two years.

(2) An amendment authorized by paragraph (1) shall specify the

time of termination, either by establishing a date certain or by

describing the specific event upon which alienability restrictions

shall terminate.

(3) Dissenters rights may be granted by the corporation in

connection with the rejection of an amendment to terminate

alienability restrictions in accordance with section 1629d of this

title. Once dissenters rights have been so granted, they shall not

be granted again in connection with subsequent amendments to

terminate alienability restrictions.

(c) Recapitalization procedure

(1)(A) On or prior to December 18, 1991, a Native Corporation may

amend its articles of incorporation to implement a recapitalization

plan in accordance with this subsection. Rejection of an amendment

or amendments to implement a recapitalization plan shall not

preclude consideration prior to December 18, 1991, of a subsequent

amendment or amendments to implement such a plan. Subsequent

amendment or amendments shall be considered and voted on not

earlier than one year after the date on which the most recent

previous recapitalization plan was rejected. No recapitalization

plan shall provide for the termination of alienability restrictions

prior to December 18, 1991.

(B) An amendment or amendments submitted pursuant to subparagraph

(A) (and any subsequent amendment submitted pursuant to

subparagraph (C)) may provide for the maintenance or extension of

alienability restrictions for -

(i) an indefinite period of time;

(ii) a specified period of time not to exceed fifty years; or

(iii) a period of time that shall end upon the occurrence of a

specified event.

(C) If an amendment or amendments approved pursuant to

subparagraph (A) or this subparagraph maintains or extends

alienability restrictions for a specified period of time,

termination of the restrictions at the close of such period may be

postponed if a further amendment to the articles of incorporation

of the corporation is approved to extend the restrictions. There

shall be no limit on the number of such amendments that can be

approved. Such amendments shall not be effective to extend the

restrictions unless approved prior to the expiration of the period

of maintenance or extension then in force.

(D) The board of directors may ask the shareholders to approve en

bloc pursuant to a single vote a series of amendments (including an

amendment to authorize the issuance of stock pursuant to section

1606(g) of this title) to implement a recapitalization plan that

includes a provision maintaining alienability restrictions.

(2)(A) If an amendment to the articles of incorporation of a

Native Corporation maintaining or extending alienability

restrictions for a specified period of time is approved pursuant to

paragraph (1), the restrictions shall automatically terminate at

the end of such period unless the restrictions are extended in

accordance with the provisions of paragraph (1)(C).

(B)(i) A Native Corporation that approves an amendment to its

articles of incorporation pursuant to paragraph (1)(B) to maintain

or extend alienability restrictions for an indefinite period may

later amend its articles to terminate such restrictions. Such

amendment shall specify the time of termination, either by

establishing a date certain or by describing the specific event

upon which the restrictions shall terminate.

(ii) Rejection of an amendment described in clause (i) by the

shareholders shall not preclude consideration of subsequent

amendments to terminate alienability restrictions.

(3) If a recapitalization plan approved pursuant to paragraph (1)

distributes voting alienable common stock to each holder of shares

of Settlement Common Stock (issued pursuant to section

1606(g)(1)(A) of this title) that carries aggregate dividend and

liquidation rights equivalent to those carried by such shares of

Settlement Common Stock (except for rights to distributions made

pursuant to sections 1606(j) and 1606(m) of this title) upon

completion of the recapitalization plan, then such holder shall

have no right under section 1629d of this title and any other

provision of law to further compensation from the corporation with

respect to action taken pursuant to this subsection.

(d) Opt-in procedure

(1)(A) Subsection (b) of this section shall not apply to a Native

Corporation whose board of directors approves, no later than one

year after February 3, 1988, a resolution electing the application

of this subsection and such resolution is not validly rescinded

pursuant to paragraph (2)(B)(ii).

(B) This subsection shall not apply to Village Corporations,

Urban Corporations, and Group Corporations located outside of the

Bristol Bay and Aleut regions.

(2)(A) Alienability restrictions imposed on Settlement Common

Stock issued by a Native Corporation electing application of this

subsection shall terminate on December 18, 1991, unless extended in

accordance with the provisions of this subsection.

(B)(i) The board of directors of a Native Corporation electing

application of this subsection shall, at least once prior to

January 1, 1991, approve, and submit to a vote of the shareholders,

an amendment to the articles of incorporation of the corporation to

extend alienability restrictions. If the amendment is not approved

by the shareholders, the board of directors may submit another such

amendment to the shareholders once or more a year until December

18, 1991.

(ii) In lieu of approving the amendment to the articles of

incorporation described in clause (i) and submitting such amendment

to a vote of the shareholders, at any time prior to January 1,

1991, the board of directors of a Native Corporation that has

approved a resolution described in paragraph (1)(A) may approve a

new resolution rescinding that prior resolution. Upon approval of

the new resolution rescinding a resolution described in paragraph

(1)(A), the latter resolution shall be void and alienability

restrictions on the Settlement Common Stock of such corporation

shall continue subsequent to December 18, 1991, until such time as

the alienability restrictions are terminated pursuant to the

procedure described in subsection (b) of this section.

(iii) Notwithstanding any other provision of law, a civil action

that challenges the constitutionality of any provision in clause

(ii) shall be barred unless it is filed within one year after the

date of the vote of the board of directors approving a resolution

to rescind a prior opt-in election under paragraph (1)(A). Any such

civil action shall be filed in accordance with section 16(b) of the

Alaska Native Claims Settlement Act Amendments of 1987 (101 Stat.

1813-1814).

(C) An amendment submitted pursuant to subparagraph (B) and any

amendment submitted pursuant to subparagraph (D) may provide for an

extension of alienability restrictions for -

(i) an indefinite period of time, or

(ii) a specified period of time of not less than one year and

not more than fifty years.

(D) If an amendment approved by the shareholders of a Native

Corporation pursuant to subparagraph (B) or this subparagraph

extends alienability restrictions for a specified period of time,

termination of the restrictions at the close of such period may be

postponed if a further amendment to the articles of incorporation

of the corporation is approved to extend the restrictions. There

shall be no limit on the number of such amendments that can be

approved. Such amendments shall not be effective to extend the

restrictions unless approved prior to the expiration of the period

of extension then in force.

(3)(A) If an amendment to the articles of incorporation of a

Native Corporation extending alienability restrictions for a

specified period of time is approved pursuant to paragraph (2), the

restrictions shall automatically terminate at the end of such

period unless the restrictions are extended in accordance with the

provisions of paragraph (2)(D).

(B) If the board of directors of a Native Corporation electing

application of this subsection does not submit for a shareholder

vote an amendment to the articles of incorporation of the

corporation in accordance with paragraph (2)(B), or if the

amendment submitted does not comply with paragraph (2)(C),

alienability restrictions shall not terminate and shall instead

remain in effect until such time as a court of competent

jurisdiction, upon petition of one or more shareholders of the

corporation, orders that a shareholder vote be taken on an

amendment which complies with paragraph (2)(C) and such vote is

conducted. Following the vote, the status of alienability

restrictions shall be determined in accordance with the other

provisions of this subsection and the amendment, if approved.

(4)(A) A Native Corporation that approves an amendment to its

articles of incorporation pursuant to paragraph (2) to extend

alienability restrictions for an indefinite period of time may

later amend its articles of incorporation to terminate the

restrictions. Such amendment shall specify the time of termination,

either by establishing a date certain or by describing the specific

event upon which the restrictions shall terminate.

(B) The rejection of an amendment described in subparagraph (A)

by the shareholders shall not preclude consideration of subsequent

amendments to terminate alienability restrictions.

(5)(A) If a Native Corporation amends its articles of

incorporation pursuant to paragraph (2) to extend alienability

restrictions, a shareholder who -

(i) voted against such amendment, and

(ii) desires to relinquish his or her Settlement Common Stock

in exchange for the stock or payment authorized by the board of

directors pursuant to subparagraph (B),

shall notify the Corporation within ninety days of the date of the

vote of the shareholders on the amendment of his or her desire.

(B) Within one hundred and twenty days after the date of the vote

described in subparagraph (A), the board of directors shall approve

a resolution to provide that each shareholder who has notified the

corporation pursuant to subparagraph (A) shall receive either -

(i) alienable common stock in exchange for his or her

Settlement Common Stock pursuant to paragraph (6), or

(ii) an opportunity to request payment for his or her

Settlement Common Stock pursuant to section 1629d(a)(1)(B) of

this title.

(C) This paragraph shall apply only to the first extension of

alienability restrictions approved by the shareholders. No

dissenters rights of any sort shall be permitted in connection with

subsequent extensions of such restrictions.

(6)(A) If the board of directors of a Native Corporation approves

a resolution providing for the issuance of alienable common stock

pursuant to paragraph (5)(B), then on December 18, 1991, or sixty

days after the approval of the resolution, whichever later occurs,

the Settlement Common Stock of each shareholder who has notified

the corporation pursuant to paragraph (5)(A) shall be deemed

canceled, and shares of alienable common stock of the appropriate

class shall be issued to such 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) Alienable common stock issued in exchange for Settlement

Common Stock issued subject to the restriction authorized by

section 1606(g)(1)(B)(iii) of this title shall bear a legend

indicating that the stock will eventually be canceled in accordance

with the requirements of that section.

(ii) Alienable 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.

(iii) In the resolution authorized by paragraph (5)(B), the board

of directors shall 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 section 1606 of

this title shall be exchanged either for -

(I) a share of alienable common stock carrying such right, or

(II) a share of alienable common stock that does not carry such

right together with a separate, non-voting security that

represents only such right.

(iv) In the resolution authorized by paragraph (5)(B), the board

of directors may impose upon the alienable common stock to be

issued in exchange for Settlement Common Stock one or more of the

following -

(I) a restriction granting the corporation, or the 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 alienable 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; or

(II) any other term, restriction, limitation, or other

provision permitted under the laws of the State.

(C) The articles of incorporation of the Native Corporation shall

be deemed amended to implement the provisions of the resolution

authorized by paragraph (5)(B).

(D) Alienable common stock issued pursuant to this subparagraph

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.

(7)(A) No share of alienable common stock issued pursuant to

paragraph (6) shall carry voting rights if it is owned, legally or

beneficially, by a person not a Native or a descendant of a Native.

(B)(i) A purchaser or other transferee of shares of alienable

common stock shall, as a condition of the obligation of the issuing

Native Corporation to transfer such shares on the books of the

corporation, deliver to the corporation or transfer agent, as the

case may be, a statement on a form prescribed by the corporation

identifying the number of such shares to be transferred to such

transferee and certifying -

(I) that such transferee is or is not a Native or a descendant

of a Native;

(II) that such transferee, if not a Native or a descendant of a

Native, understands that shares of such alienable common stock

shall not carry voting rights so long as such shares are held by

the transferee or any subsequent transferee not a Native or a

descendant of a Native;

(III) that such transferee, if a purchaser, understands that

such acquisition may be subject to section 78m(d) of title 15 and

the regulations of the Securities and Exchange Commission

promulgated thereunder; and

(IV) whether such transferee will be the sole beneficial owner

of such shares (if not, the transferee must certify as to the

identities of all beneficial owners of such shares and whether

such owners are Natives or descendants of Natives).

(ii) The statement required by clause (i) shall be prima facie

evidence of the matters certified therein and may be relied upon by

the corporation in effecting a transfer on its books.

(iii) For purposes of this subparagraph, a beneficial owner of a

security includes any person (including a corporation, partnership,

trust, association, or other entity) who, directly or indirectly,

through any contract, arrangement, understanding, relationship, or

otherwise has or shares -

(I) voting power, which includes the power to vote, or to

direct the voting of, such security; or

(II) investment power, which includes the power to dispose of,

or to direct the disposition of, such security.

(iv) Any person who, directly or indirectly, creates or uses a

trust, proxy, power of attorney, pooling arrangement, or any other

contract, arrangement, or device with the purpose or effect of

divesting such person of beneficial ownership of a security or

preventing the vesting of such beneficial ownership as part of a

plan or scheme to evade the requirements imposed by this section or

section 78m(d) of title 15 shall be deemed for purposes of such

sections to be the beneficial owner of such security.

(C) The statement required by subparagraph (B) shall be verified

by the transferee before a notary public or other official

authorized to administer oaths in accordance with the laws of the

jurisdiction of the transferee or in which the transfer is made.

-SOURCE-

(Pub. L. 92-203, Sec. 37, as added Pub. L. 100-241, Sec. 8, Feb. 3,

1988, 101 Stat. 1797; amended Pub. L. 101-378, title III, Sec. 301,

Aug. 17, 1990, 104 Stat. 471; Pub. L. 102-201, title III, Sec. 301,

Dec. 10, 1991, 105 Stat. 1633.)

-REFTEXT-

REFERENCES IN TEXT

Section 16(b) of the Alaska Native Claims Settlement Act

Amendments of 1987, referred to in subsec. (d)(2)(B)(iii), is

section 16(b) of Pub. L. 100-241, which is set out as a note under

section 1601 of this title.

-MISC1-

AMENDMENTS

1991 - Subsec. (a). Pub. L. 102-201 substituted "July 16, 1993:

Provided, however, That this prohibition shall not apply to a

Native Corporation whose board of directors approves, no later than

March 1, 1992, a resolution (certified by the corporate secretary

of such corporation) electing to decline the application of such

prohibition" for "December 18, 1991".

1990 - Subsec. (d)(1)(A). Pub. L. 101-378, Sec. 301(1), inserted

before period at end "and such resolution is not validly rescinded

pursuant to paragraph (2)(B)(ii)".

Subsec. (d)(2)(B). Pub. L. 101-378, Sec. 301(2), (3), designated

existing provisions as cl. (i) and added cls. (ii) and (iii).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1606, 1620, 1629b, 1629d

of this title; title 15 section 78m.

-End-

-CITE-

43 USC Sec. 1629d 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 1629d. Dissenters rights

-STATUTE-

(a) Coverage

(1) Notwithstanding the laws of the State, if the shareholders of

a Native Corporation -

(A) fail to approve an amendment authorized by section 1629c(b)

of this title to terminate alienability restrictions, a

shareholder who voted for the amendment may demand payment from

the corporation for all of his or her shares of Settlement Common

Stock; or

(B) approve an amendment authorized by section 1629c(d) of this

title to continue alienability restrictions without issuing

alienable common stock pursuant to section 1629c(d)(6) of this

title, a shareholder who voted against the amendment may demand

payment from the corporation for all of his or her shares of

Settlement Common Stock.

(2)(A) A demand for payment made pursuant to paragraph (1)(A)

shall be honored only if at the same time as the vote giving rise

to the demand, the shareholders of the corporation approved a

resolution providing for the purchase of Settlement Common Stock

from dissenting shareholders.

(B) A demand for payment made pursuant to paragraph (1)(B) shall

be honored.

(b) Relationship to State procedure

(1) Except as otherwise provided in this section, the laws of the

State governing the right of a dissenting shareholder to demand and

receive payment for his or her shares shall apply to demands for

payment honored pursuant to subsection (a)(2) of this section.

(2) The board of directors of a Native Corporation may approve a

resolution to provide a dissenting shareholder periods of time

longer than those provided under the laws of the State to take

actions required to demand and receive payment for his or her

shares.

(c) Valuation of stock

(1) Prior to a vote described in subsection (a)(1) of this

section, the board of directors of a Native Corporation may approve

a resolution to provide that one or more of the following

conditions will apply in the event a demand for payment is honored

pursuant to subsection (a)(2) of this section -

(A) the Settlement Common Stock shall be valued as restricted

stock; and

(B) the value of -

(i) any land conveyed to the corporation pursuant to section

1613(h)(1) of this title or any other land used as a cemetery;

and

(ii) the surface estate of any land that is both -

(I) exempt from real estate taxation pursuant to section

1636(d)(1)(A) of this title, and

(II) used by the shareholders of the corporation for

subsistence uses (as defined in section 3113 of title 16); or

(iii) any land or interest in land which the board of

directors believes to be only of speculative value;

shall be excluded by the shareholder making the demand for

payment, the corporation purchasing the Settlement Common Stock

of the shareholder, and any court determining the fair value of

the shares of Settlement Common Stock to be purchased.

(2) No person shall have a claim against a Native Corporation or

its board of directors based upon the failure of the board to

approve a resolution authorized by this subsection.

(d) Form of payment

(1) Prior to a vote described in subsection (a)(1) of this

section, the board of directors of a Native Corporation may approve

a resolution to provide that in the event a demand for payment is

honored pursuant to subsection (a)(2) of this section payments to

each dissenting shareholder shall be made by the corporation

through the issuance of a negotiable note in the principal amount

of the payment due, which shall be secured by -

(A) a payment bond issued by an insurance company or financial

institution;

(B) the deposit in escrow of securities or property having a

fair market value equal to at least 125 per centum of the face

value of the note; or

(C) a lien upon real property interests of the corporation

valued at 125 percent or more of the face amount of the note,

except that no such lien shall be applicable to -

(i) land conveyed to the corporation pursuant to section

1613(h)(1) of this title, or any other land used as a cemetery;

(ii) the percentage interest in the corporation's timber

resources and subsurface estate that exceeds its percentage

interest in revenues from such property under section 1606(i)

of this title; or

(iii) the surface estate of land that is both -

(I) exempt from real estate taxation pursuant to section

1636(d)(1)(A) of this title; and

(II) used by the shareholders of the corporation for

subsistence uses (as defined in section 3113 of title 16),

unless the Board of Directors (!1) of the corporation acts so as

to make such lien applicable to such surface estate.

(2) A note issued pursuant to paragraph (1) shall provide that -

(A) interest shall be paid semi-annually, beginning as of the

date on which the vote described in subsection (a)(1) of this

section occurred, at the rate applicable on such date to

obligations of the United States having a maturity date of one

year, and

(B) the principal amount and accrued interest on such note

shall be payable to the holder at a time specified by the

corporation but in no event later than the date that is five

years after the date of the vote described in subsection (a)(1)

of this section.

(e) Dividend adjustment

(1) The cash payment made pursuant to subsection (a) of this

section or the principal amount of a note issued pursuant to

subsection (d) of this section to a dissenting shareholder shall be

reduced by the amount of dividends paid to such shareholder with

respect to his or her Settlement Common Stock after the date of the

vote described in subsection (a)(1) of this section.

(2) Upon receipt of a cash payment pursuant to subsection (a) of

this section or a note pursuant to subsection (d) of this section,

a dissenting shareholder shall no longer have an interest in the

shares of Settlement Common Stock or in the Native Corporation.

-SOURCE-

(Pub. L. 92-203, Sec. 38, as added Pub. L. 100-241, Sec. 9, Feb. 3,

1988, 101 Stat. 1802.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1629b, 1629c of this

title.

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

-End-

-CITE-

43 USC Sec. 1629e 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 1629e. Settlement Trust option

-STATUTE-

(a) Conveyance of corporate assets

(1)(A) A Native Corporation may convey assets (including stock or

beneficial interests therein) to a Settlement Trust in accordance

with the laws of the State (except to the extent that such laws are

inconsistent with this section and section 1629b of this title).

(B) The approval of the shareholders of the corporation in the

form of a resolution shall be required to convey all or

substantially all of the assets of the corporation to a Settlement

Trust. A conveyance in violation of this clause shall be void ab

initio and shall not be given effect by any court.

(2) No subsurface estate in land shall be conveyed to a

Settlement Trust. A conveyance of title to, or any other interest

in, subsurface estate in violation of this subparagraph shall be

void ab initio and shall not be given effect by any court.

(3) Conveyances made pursuant to this subsection -

(A) shall be subject to applicable laws respecting fraudulent

conveyance and creditors rights; and

(B) shall give rise to dissenters rights to the extent provided

under the laws of the State only if the rights of beneficiaries

in the Settlement Trust receiving a conveyance are inalienable.

(4) The provisions of this subsection shall not prohibit a Native

Corporation from engaging in any conveyance, reorganization, or

transaction not otherwise prohibited under the laws of the State or

the United States.

(b) Authority and limitations of a Settlement Trust

(1) The purpose of a Settlement Trust shall be to promote the

health, education, and welfare of its beneficiaries and preserve

the heritage and culture of Natives. A Settlement Trust shall not -

(A) operate as a business;

(B) alienate land or any interest in land received from the

settlor Native Corporation (except if the recipient of the land

is the settlor corporation or the land is conveyed for a homesite

by the Trust to a beneficiary of the Trust who is also a legal

resident under Alaska law of the Native village of the settlor

corporation and the conveyance does not exceed 1.5 acres); or

(C) discriminate in favor of a group of individuals composed

only or principally of employees, officers, or directors of the

settlor Native Corporation.

An alienation of land or an interest in land in violation of this

paragraph shall be void ab initio and shall not be given effect by

any court.

(2) A Native Corporation that has established a Settlement Trust

shall have exclusive authority to -

(A) appoint the trustees of the trust, and

(B) remove the trustees of the trust for cause.

Only a natural person shall be appointed a trustee of a Settlement

Trust. An appointment or removal of a trustee in violation of this

paragraph shall be void ab initio and shall not be given effect by

any court.

(3) A Native Corporation that has established a Settlement Trust

may expand the class of beneficiaries to include holders of

Settlement Common Stock issued after the establishment of the trust

without compensation to the original beneficiaries.

(4) A Settlement Trust shall not be held to violate any laws

against perpetuities.

(c) Savings

(1) The provisions of this chapter shall continue to apply to any

land or interest in land received from the Federal Government

pursuant to this chapter and later conveyed to a Settlement Trust

as if the land or interest in land were still held by the Native

Corporation that conveyed the land or interest in land.

(2) No timber resources subject to section 1606(i) of this title

conveyed to a Settlement Trust shall be sold, exchanged, or

otherwise conveyed except as necessary to -

(A) dispose of diseased or dying timber or to prevent the

spread of disease or insect infestation;

(B) prevent or suppress fire; or

(C) ensure public safety.

The revenue, if any, from such timber harvests shall be subject to

section 1606(i) of this title as if such conveyance had not

occurred.

(3) The conveyance of assets (including stock or beneficial

interests) pursuant to subsection (a) of this section shall not

affect the applicability or enforcement (including specific

performance) of a valid contract, judgment, lien, or other

obligation (including an obligation arising under section 1606(i)

of this title) to which such assets, stock, or beneficial interests

were subject immediately prior to such conveyance.

(4) A claim based upon paragraph (1), (2), or (3) shall be

enforceable against the transferee Settlement Trust holding the

land, interest in land, or other assets (including stock or

beneficial interests) in question to the same extent as such claim

would have been enforceable against the transferor Native

Corporation, and valid obligations arising under section 1606(i) of

this title as well as claims with respect to a conveyance in

violation of a valid contract, judgment, lien, or other obligation

shall also be enforceable against the transferor corporation.

(5) Except as provided in paragraphs (1), (2), (3), and (4), once

a Native Corporation has made, pursuant to subsection (a) of this

section, a conveyance to a Settlement Trust that does not -

(A) render it -

(i) unable to satisfy claims based upon paragraph (1), (2),

or (3); or

(ii) insolvent; or

(B) occur when the Native Corporation is insolvent;

the assets so conveyed to the Settlement Trust shall not be subject

to attachment, distraint, or sale on execution of judgment or other

process or order of any court, except with respect to the lawful

debts or obligations of the Settlement Trust.

(6) No transferee Settlement Trust shall make a distribution or

conveyance of assets (including cash, stock, or beneficial

interests) that would render it unable to satisfy a claim made

pursuant to paragraph (1), (2), or (3). A distribution or

conveyance made in violation of this paragraph shall be void ab

initio and shall not be given effect by any court.

(7) Except where otherwise expressly provided, no provision of

this section shall be construed to require shareholder approval of

an action where shareholder approval would not be required under

the laws of the State.

(8) A beneficiary's interest in a settlement trust and the

distributions thereon shall be subject to creditor action

(including without limitation, levy attachment, pledge, lien,

judgment execution, assignment, and the insolvency and bankruptcy

laws) only to the extent that Settlement Common Stock and the

distributions thereon are subject to such creditor action under

section 1606(h) of this title.

-SOURCE-

(Pub. L. 92-203, Sec. 39, as added Pub. L. 100-241, Sec. 10, Feb.

3, 1988, 101 Stat. 1804; amended Pub. L. 105-333, Sec. 13, Oct. 31,

1998, 112 Stat. 3135; Pub. L. 106-559, title III, Sec. 302, Dec.

21, 2000, 114 Stat. 2782.)

-MISC1-

AMENDMENTS

2000 - Subsec. (c)(8). Pub. L. 106-559 added par. (8).

1998 - Subsec. (b)(1)(B). Pub. L. 105-333 inserted "or the land

is conveyed for a homesite by the Trust to a beneficiary of the

Trust who is also a legal resident under Alaska law of the Native

village of the settlor corporation and the conveyance does not

exceed 1.5 acres" after "settlor corporation".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1602, 1629b, 1636 of this

title.

-End-

-CITE-

43 USC Sec. 1629f 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 1629f. Claims arising from contamination of transferred lands

-STATUTE-

(a) As used in this section the term "contaminant" means (!1)

hazardous substance harmful to public health or the environment,

including friable asbestos.

(b) Within 18 months of November 2, 1995, and after consultation

with the Secretary of Agriculture, State of Alaska, and appropriate

Alaska Native Corporations and organizations, the Secretary shall

submit to the Committee on Resources of the House of

Representatives and the Committee on Energy and Natural Resources

of the Senate, a report addressing issues presented by the presence

of contaminants on lands conveyed or prioritized for conveyance to

such corporations pursuant to this chapter. Such report shall

consist of -

(1) existing information concerning the nature and types of

contaminants present on such lands prior to conveyance to Alaska

Native Corporations;

(2) existing information identifying to the extent practicable

the existence and availability of potentially responsible parties

for the removal or remediation of the effects of such

contaminants;

(3) identification of existing remedies;

(4) recommendations for any additional legislation that the

Secretary concludes is necessary to remedy the problem of

contaminants on the lands; and

(5) in addition to the identification of contaminants,

identification of structures known to have asbestos present and

recommendations to inform Native landowners on the containment of

asbestos.

-SOURCE-

(Pub. L. 92-203, Sec. 40, as added Pub. L. 104-42, title I, Sec.

103, Nov. 2, 1995, 109 Stat. 354.)

-FOOTNOTE-

(!1) So in original. Probably should be "means a".

-End-

-CITE-

43 USC Sec. 1629g 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 1629g. Open season for certain Alaska Native veterans for

allotments

-STATUTE-

(a) In general

(1) During the eighteen month period following promulgation of

implementing rules pursuant to subsection (e) of this section, a

person described in subsection (b) of this section shall be

eligible for an allotment of not more than two parcels of federal

(!1) land totaling 160 acres or less under the Act of May 17, 1906

(chapter 2469; 34 Stat. 197), as such Act was in effect before

December 18, 1971.

(2) Allotments may be selected only from lands that were vacant,

unappropriated, and unreserved on the date when the person eligible

for the allotment first used and occupied those lands.

(3) The Secretary may not convey allotments containing any of the

following -

(A) lands upon which a native or non-native campsite is

located, except for a campsite used primarily by the person

selecting the allotment;

(B) lands selected by, but not conveyed to, the State of Alaska

pursuant to the Alaska Statehood Act or any other provision of

law;

(C) lands selected by, but not conveyed to, a Village or

Regional Corporation;

(D) lands designated as wilderness by statute;

(E) acquired lands;

(F) lands containing a building, permanent structure, or other

development owned or controlled by the United States, another

unit of government, or a person other than the person selecting

the allotment;

(G) lands withdrawn or reserved for national defense purposes

other than National Petroleum Reserve-Alaska;

(H) National Forest Lands; and

(I) lands selected or claimed, but not conveyed, under a public

land law, including but not limited to the following:

(1) Lands within a recorded mining claim.

(2) Home sites.

(3) Trade and Manufacturing sites.

(4) Reindeer sites or headquarters sites.

(5) Cemetery sites.

(4) A person who qualifies for an allotment on lands prohibited

from conveyance by a provision of subsection (a)(3) of this section

may select an alternative allotment from the following lands

located within the geographic boundaries of the same Regional

Corporation as the excluded allotment -

(A) lands withdrawn pursuant to section 1610(a)(1) of this

title which were not selected, or were relinquished after

selection;

(B) lands contiguous to the outer boundary of lands withdrawn

pursuant to section 1610(a)(1)(C) of this title, except lands

excluded from selection by a provision of subsection (a)(3) of

this section and lands within a National Park; or

(C) vacant, unappropriated and unreserved lands.

(5) After consultation with a person entitled to an allotment

within a Conservation System Unit, the Secretary may convey

alternative lands of equal acreage, including lands within a

Conservation System Unit, to that person if the Secretary

determines that the allotment would be incompatible with a purpose

for which the Conservation System Unit was established.

(6) All conveyances under this section shall -

(A) be subject to valid existing rights, including any right of

the United States to income derived, directly or indirectly, from

a lease, license, permit, right-of-way or easement; and

(B) reserve to the United States deposits of oil, gas and coal,

together with the right to explore, mine, and remove these

minerals, on lands which the Secretary determines to be

prospectively valuable for development.

(b) Eligible person

(1) A person is eligible to select an allotment under this

section if that person -

(A) would have been eligible for an allotment under the Act of

May 17, 1906 (chapter 2469; 34 Stat. 197), as that Act was in

effect before December 18, 1971; and

(B) is a veteran who served during the period between January

1, 1969 and December 31, 1971 and -

(i) served at least 6 months between January 1, 1969 and

December 31, 1971; or

(ii) enlisted or was drafted into military service after June

2, 1971 but before December 3, 1971.

(2) The personal representative or special administrator,

appointed in an Alaska State court proceeding of the estate of a

decedent who was eligible under subsection (b)(1)(A) of this

section may, for the benefit of the heirs, select an allotment if

the decedent was a veteran who served in South East Asia at any

time during the period beginning August 5, 1964, and ending

December 31, 1971, and during that period the decedent -

(A) was killed in action;

(B) was wounded in action and subsequently died as a direct

consequence of that wound, as determined by the Department of

Veterans Affairs; or

(C) died while a prisoner of war.

(3) No person who received an allotment or has a pending

allotment under the Act of May 17, 1906 may receive an allotment

under this section.

(c) Study and report

(1) The Secretary of the Interior shall conduct a study to

identify and assess the circumstances of veterans of the Vietnam

era who -

(A) served during a period other than that specified in

subsection (b)(1)(B) of this section;

(B) were eligible for an allotment under the Act of May 17,

1906; and

(C) did not apply for an allotment under that Act.

(2) The Secretary shall, within one year of October 21, 1998,

issue a written report on the study, including findings and

recommendations, to the Committee on Appropriations and the

Committee on Energy and Natural Resources in the Senate and the

Committee on Appropriations and the Committee on Resources in the

House of Representatives.

(d) Definitions

For the purposes of this section, the terms "veteran" and

"Vietnam era" have the meanings given those terms by paragraphs (2)

and (29), respectively, of section 101 of title 38.

(e) Regulations

No later than 18 months after October 21, 1998, the Secretary of

the Interior shall promulgate, after consultation with Alaska

Natives groups, rules to carry out this section.

-SOURCE-

(Pub. L. 92-203, Sec. 41, as added Pub. L. 105-276, title IV, Sec.

432, Oct. 21, 1998, 112 Stat. 2516; amended Pub. L. 106-559, title

III, Sec. 301, Dec. 21, 2000, 114 Stat. 2782.)

-REFTEXT-

REFERENCES IN TEXT

Act of May 17, 1906, referred to in subsecs. (a)(1), (b)(1)(A),

(3) and (c)(1)(B), (C), is act May 17, 1906, ch. 2469, 34 Stat.

197, as amended, which was classified to sections 270-1 to 270-3 of

this title prior to its repeal by Pub. L. 92-203, Sec. 18(a), Dec.

18, 1971, 85 Stat. 710.

The Alaska Statehood Act, referred to in subsec. (a)(3)(B), 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, Territories and

Insular Possessions. For complete classification of this Act to the

Code, see Tables.

Public land law, referred to in subsec. (a)(3)(I), is classified

generally to this title.

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(3)(I)(4). Pub. L. 106-559, Sec. 301(1),

substituted "or" for "and Reindeer".

Subsec. (a)(4)(B). Pub. L. 106-559, Sec. 301(2), substituted ";

or" for "; and" at end.

Subsec. (b)(1)(B)(i). Pub. L. 106-559, Sec. 301(3), substituted

"December 31" for "June 2".

Subsec. (b)(2). Pub. L. 106-559, Sec. 301(4), inserted

introductory provisions and struck out former introductory

provisions which read as follows: "The personal representative of

the estate of a decedent who was eligible under subsection (b)(1)

of this section may, for the benefit of the heirs, select an

allotment if, during the period specified in subsection (b)(1)(B)

of this section, the decedent - ".

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

43 USC Sec. 1629h 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-

Sec. 1629h. Kake Tribal Corporation land transfer

-STATUTE-

(a) In general

If -

(1) the State of Alaska relinquishes its selection rights under

the Alaska Statehood Act (Public Law 85-508) to lands described

in subsection (c)(2) of this section; and

(2) Kake Tribal Corporation and Sealaska Corporation convey all

right, title, and interest to lands described in subsection

(c)(1) of this section to the City of Kake, Alaska,

then the Secretary of Agriculture (hereinafter referred to as

"Secretary") shall, not later than 180 days thereafter, convey to

Kake Tribal Corporation title to the surface estate in the land

identified in subsection (c)(2) of this section, and convey to

Sealaska Corporation title to the subsurface estate in such land.

(b) Effect on selection totals

(1) Of the lands to which the State of Alaska relinquishes

selection rights and which are conveyed to the City of Kake

pursuant to subsection (a) of this section, 694.5 acres shall be

charged against lands to be selected by the State of Alaska under

section 6(a) of the Alaska Statehood Act and 694.5 acres against

lands to be selected by the State of Alaska under section 6(b) of

the Alaska Statehood Act.

(2) The land conveyed to Kake Tribal Corporation and to Sealaska

Corporation under this section is, for all purposes, considered to

be land conveyed under this chapter. However, the conveyance of

such land to Kake Tribal Corporation shall not count against or

otherwise affect the Corporation's remaining entitlement under

section 1615(b) of this title.

(c) Lands subject to exchange

(1) The lands to be transferred to the City of Kake under

subsection (a) of this section are the surface and subsurface

estate to approximately 1,430 acres of land owned by Kake Tribal

Corporation and Sealaska Corporation, and depicted as "KTC Land to

City of Kake" on the map entitled "Kake Land Exchange-2000", dated

May 2000.

(2) The lands subject to relinquishment by the State of Alaska

and to conveyance to Kake Tribal Corporation and Sealaska

Corporation under subsection (a) of this section are the surface

and subsurface estate to approximately 1,389 acres of Federal lands

depicted as "Jenny Creek-Land Selected by the State of Alaska to

KTC" on the map entitled "Kake Land Exchange-2000", dated May 2000.

(3) In addition to the transfers authorized under subsection (a)

of this section, the Secretary may acquire from Sealaska

Corporation the subsurface estate to approximately 1,127 acres of

land depicted as "KTC Land-Conservation Easement to SEAL Trust" on

the map entitled "Kake Land Exchange-2000", dated May 2000, through

a land exchange for the subsurface estate to approximately 1,168

acres of Federal land in southeast Alaska that is under the

administrative jurisdiction of the Secretary. Any exchange under

this paragraph shall be subject to the mutual consent of the United

States Forest Service and Sealaska Corporation.

(d) Withdrawal

Subject to valid existing rights, the lands described in

subsection (c)(2) of this section are withdrawn from all forms of

location, entry, and selection under the mining and public land

laws of the United States and from leasing under the mineral and

geothermal leasing laws. This withdrawal expires 18 months after

the effective date of this section.

(e) Maps

The maps referred to in this chapter shall be maintained on file

in the Office of the Chief, United States Forest Service, the

Office of the Secretary of the Interior, and the Office of the

Petersburg Ranger District, Alaska.

(f) Watershed management

The United States Forest Service may cooperate with Kake Tribal

Corporation and the City of Kake in developing a watershed

management plan that provides for the protection of the watershed

in the public interest. Grants may be made, and contracts and

cooperative agreements may be entered into, to the extent necessary

to assist the City of Kake and Kake Tribal Corporation in the

preparation and implementation of a watershed management plan for

the land within the City of Kake's municipal watershed.

(g) Effective date

This section is effective upon the execution of one or more

conservation easements that, subject to valid existing rights of

third parties -

(1) encumber all lands depicted as "KTC Land to City of Kake"

and "KTC Land-Conservation Easement to SEAL Trust" on a map

entitled "Kake Land Exchange-2000" dated May 2000;

(2) provide for the relinquishment by Kake Tribal Corporation

of the Corporation's development rights on lands described in

paragraph (1); and

(3) provide for perpetual protection and management of lands

depicted as "KTC Land to City of Kake" and "KTC Land-Conservation

Easement to SEAL Trust" on the map described in paragraph (1) as

-

(A) a watershed;

(B) a municipal drinking water source in accordance with the

laws of the State of Alaska;

(C) a source of fresh water for the Gunnuk Creek Hatchery;

and

(D) habitat for black bear, deer, birds, and other wildlife.

(h) Timber manufacturing; export restriction

Notwithstanding any other provision of law, timber harvested from

lands conveyed to Kake Tribal Corporation under this section shall

not be available for export as unprocessed logs from Alaska, nor

may Kake Tribal Corporation sell, trade, exchange, substitute, or

otherwise convey such timber to any person for the purpose of

exporting that timber from the State of Alaska.

(i) Authorization of appropriations

There are authorized such sums as may be necessary to carry out

this chapter, including to compensate Kake Tribal Corporation for

relinquishing its development rights pursuant to subsection (g)(2)

of this section and to provide assistance to Kake Tribal

Corporation to meet the requirements of subsection (h) of this

section. No funds authorized under this section may be paid to Kake

Tribal Corporation unless Kake Tribal Corporation is a party to the

conservation easements described in subsection (g) of this section.

-SOURCE-

(Pub. L. 92-203, Sec. 42, as added Pub. L. 106-283, Sec. 3, Oct. 6,

2000, 114 Stat. 867.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Statehood Act, referred to in subsecs. (a)(1) and

(b)(1), 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,

Territories and Insular Possessions. For complete classification of

this Act to the Code, see Tables.

The mining laws and the mineral leasing laws, referred to in

subsec. (d), are classified generally to Title 30, Mineral Lands

and Mining.

The public land laws, referred to in subsec. (d), are classified

generally to this title.

The geothermal leasing laws, referred to in subsec. (d), are

classified principally to chapter 23 (Sec. 1001 et seq.) of Title

30, Mineral Lands and Mining.

-MISC1-

DECLARATION OF PURPOSE

Pub. L. 106-283, Sec. 2, Oct. 6, 2000, 114 Stat. 867, provided

that: "The purpose of this Act [see Short Title of 2000 Amendment

note set out under section 1601 of this title] is to authorize the

reallocation of lands and selection rights between the State of

Alaska, Kake Tribal Corporation, and the City of Kake, Alaska, in

order to provide for the protection and management of the municipal

watershed."

-End-