Laws: Cases and Codes : U.S. Code : Title 43 : Section 1604
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U.S. Code as of:
01/19/04
Section 1604 - Notes
SOURCE
(Pub. L. 92-203, Sec. 5, Dec. 18, 1971, 85 Stat. 690.)
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."
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1605, 1606 of this title.
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