Laws: Cases and Codes : U.S. Code : Title 43
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U.S. Code as of:
01/19/04
Chapter 33 - Notes
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.
(f) Substantially all of the assets.
1629c. Duration of alienability restrictions.
(a) General rule.
(b) Opt-out procedure.
(c) Recapitalization procedure.
(d) Opt-in procedure.
1629d. Dissenters rights.
(a) Coverage.
(b) Relationship to State procedure.
(c) Valuation of stock.
(d) Form of payment.
(e) Dividend adjustment.
1629e. Settlement Trust option.
(a) Conveyance of corporate assets.
(b) Authority and limitations of a Settlement
Trust.
(c) Savings.
1629f. Claims arising from contamination of transferred
lands.
1629g. Open season for certain Alaska Native veterans for
allotments.
(a) In general.
(b) Eligible person.
(c) Study and report.
(d) Definitions.
(e) Regulations.
1629h. Kake Tribal Corporation land transfer.
(a) In general.
(b) Effect on selection totals.
(c) Lands subject to exchange.
(d) Withdrawal.
(e) Maps.
(f) Watershed management.
(g) Effective date.
(h) Timber manufacturing; export restriction.
(i) Authorization of appropriations.
-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 sections 637, 2229a; 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, 9101; 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.
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