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U.S. Code as of:
01/19/04
Section 1608. Revenue sharing
(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.
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