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U.S. Code as of:
01/19/04
Section 1626. Relation to other programs
(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.
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