Laws: Cases and Codes : U.S. Code : Title 43 : Section 1608


   
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.



Previous [Notes] Next

Related Resources

Property Law Guide

Property Law Articles and Documents

Property Law Discussion

Ads by FindLaw