-CITE-
    43 USC CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT         01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
               CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT           

-MISC1-
    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.                      
                  (f)  Combining entitlements and reallocations.      
    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.       Revocation of Indian allotment authority in Alaska.   
                  (a)  Revocation of authority.                       
                  (b)  Charging allotment against statutory grant.    
                  (c)  Relocation of allotment.                       
                  (d)  Correction of conveyance documents.            
                  (e)  Native allotment revisions on land selected by
                        or conveyed to a Native Corporation.          
                  (f)  Reinstatements and reconstructions.            
    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.               

-End-

-CITE-
    43 USC Sec. 1601                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1601. Congressional findings and declaration of policy

-STATUTE-
      Congress finds and declares that - 
        (a) there is an immediate need for a fair and just settlement
      of all claims by Natives and Native groups of Alaska, based on
      aboriginal land claims;
        (b) the settlement should be accomplished rapidly, with
      certainty, in conformity with the real economic and social needs
      of Natives, without litigation, with maximum participation by
      Natives in decisions affecting their rights and property, without
      establishing any permanent racially defined institutions, rights,
      privileges, or obligations, without creating a reservation system
      or lengthy wardship or trusteeship, and without adding to the
      categories of property and institutions enjoying special tax
      privileges or to the legislation establishing special
      relationships between the United States Government and the State
      of Alaska;
        (c) no provision of this chapter shall replace or diminish any
      right, privilege, or obligation of Natives as citizens of the
      United States or of Alaska, or relieve, replace, or diminish any
      obligation of the United States or of the State or Alaska to
      protect and promote the rights or welfare of Natives as citizens
      of the United States or of Alaska; the Secretary is authorized
      and directed, together with other appropriate agencies of the
      United States Government, to make a study of all Federal programs
      primarily designed to benefit Native people and to report back to
      the Congress with his recommendations for the future management
      and operation of these programs within three years of December
      18, 1971;
        (d) no provision of this chapter shall constitute a precedent
      for reopening, renegotiating, or legislating upon any past
      settlement involving land claims or other matters with any Native
      organizations, or any tribe, band, or identifiable group of
      American Indians;
        (e) no provision of this chapter shall effect a change or
      changes in the petroleum reserve policy reflected in sections
      7421 through 7438 (!1) of title 10 except as specifically
      provided in this chapter;

        (f) no provision of this chapter shall be construed to
      constitute a jurisdictional act, to confer jurisdiction to sue,
      nor to grant implied consent to Natives to sue the United States
      or any of its officers with respect to the claims extinguished by
      the operation of this chapter; and
        (g) no provision of this chapter shall be construed to
      terminate or otherwise curtail the activities of the Economic
      Development Administration or other Federal agencies conducting
      loan or loan and grant programs in Alaska. For this purpose only,
      the terms "Indian reservation" and "trust or restricted Indian-
      owned land areas" in Public Law 89-136, the Public Works and
      Economic Development Act of 1965, as amended [42 U.S.C. 3121 et
      seq.], shall be interpreted to include lands granted to Natives
      under this chapter as long as such lands remain in the ownership
      of the Native villages or the Regional Corporations.

-SOURCE-
    (Pub. L. 92-203, Sec. 2, Dec. 18, 1971, 85 Stat. 688.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 7434 of title 10, referred to in subsec. (e), was
    repealed by Pub. L. 104-66, title I, Sec. 1051(g), Dec. 21, 1995,
    109 Stat. 716.
      The Public Works and Economic Development Act of 1965, referred
    to in subsec. (g), is Pub. L. 89-136, Aug. 26, 1965, 79 Stat. 552,
    as amended, which is classified generally to chapter 38 (Sec. 3121
    et seq.) of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 3121 of Title 42 and Tables.

-MISC1-
                       SHORT TITLE OF 2004 AMENDMENT                   
      Pub. L. 108-452, Sec. 1(a), Dec. 10, 2004, 118 Stat. 3575,
    provided that: "This Act [amending sections 1611, 1613, 1617, 1621,
    1629g, and 1635 of this title, enacting provisions set out as notes
    under sections 852, 1602, 1611, 1617, and 1635 of this title, and
    amending provisions set out as notes under section 852 of this
    title and preceding section 21 of Title 48, Territories and Insular
    Possessions] may be cited as the 'Alaska Land Transfer Acceleration
    Act'."

                       SHORT TITLE OF 2000 AMENDMENT                   
      Pub. L. 106-283, Sec. 1, Oct. 6, 2000, 114 Stat. 867, provided
    that: "This Act [enacting section 1629h of this title and
    provisions set out as a note under section 1629h of this title] may
    be cited as the 'Kake Tribal Corporation Land Transfer Act'."

                       SHORT TITLE OF 1998 AMENDMENT                   
      Pub. L. 105-333, Sec. 14, Oct. 31, 1998, 112 Stat. 3136, provided
    that: "This Act [amending sections 1606, 1611, 1621, 1626, 1629e,
    1634, and 1636 of this title and section 3197 of Title 16,
    Conservation, and enacting provisions set out as a note under
    section 3198 of Title 16] may be cited as the 'ANCSA Land Bank
    Protection Act of 1998'."

                       SHORT TITLE OF 1992 AMENDMENT                   
      Pub. L. 102-415, Sec. 1, Oct. 14, 1992, 106 Stat. 2112, provided
    that: "This Act [amending sections 1606, 1617, 1620, 1621, 1626,
    and 1634 of this title and section 3198 of Title 16, Conservation,
    and enacting provisions set out as notes under section 852 of this
    title and section 539 of Title 16] may be cited as the 'Alaska Land
    Status Technical Corrections Act of 1992'."

                       SHORT TITLE OF 1988 AMENDMENT                   
      Pub. L. 100-241, Sec. 1(a), Feb. 3, 1988, 101 Stat. 1788,
    provided that: "This Act [enacting sections 1629b to 1629e of this
    title, amending sections 1602, 1606, 1607, 1620, 1625 to 1627, and
    1636 of this title, section 78m of Title 15, Commerce and Trade,
    and section 1702 of Title 30, Mineral Lands and Mining, and
    enacting provisions set out as notes under this section and under
    section 1702 of Title 30] may be cited as the 'Alaska Native Claims
    Settlement Act Amendments of 1987'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 92-203 provided: "That this Act [enacting
    this chapter] may be cited as the 'Alaska Native Claims Settlement
    Act'."

                             SAVINGS PROVISION                         
      Provisions of Federal Land Policy and Management Act of 1976,
    Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, not to be construed
    as modifying, etc., any provision of this chapter, see section 701
    of Pub. L. 94-579, set out as a note under section 1701 of this
    title.
      Section 26 of Pub. L. 92-203 provided that: "To the extent that
    there is a conflict between any provision of this Act [enacting
    this chapter] and any other Federal laws applicable to Alaska, the
    provisions of this Act shall govern."

                               SEVERABILITY                           
      Section 27 of Pub. L. 92-203, as amended by Pub. L. 100-241, Sec.
    13, Feb. 3, 1988, 101 Stat. 1810, provided that: "The provisions of
    this Act, as amended [enacting this chapter], and the Alaska Native
    Claims Settlement Act Amendments of 1987 [Pub. L. 100-241, see
    Short Title of 1988 Amendment note above] are severable. If any
    provision of either Act is determined by a court of competent
    jurisdiction to be invalid, such invalidity shall not affect the
    validity of any other provision of either Act."

             CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY         
      Pub. L. 100-241, Sec. 2, Feb. 3, 1988, 101 Stat. 1788, provided
    that: "The Congress finds and declares that - 
        "(1) the Alaska Native Claims Settlement Act [this chapter] was
      enacted in 1971 to achieve a fair and just settlement of all
      aboriginal land and hunting and fishing claims by Natives and
      Native groups of Alaska with maximum participation by Natives in
      decisions affecting their rights and property;
        "(2) the settlement enabled Natives to participate in the
      subsequent expansion of Alaska's economy, encouraged efforts to
      address serious health and welfare problems in Native villages,
      and sparked a resurgence of interest in the cultural heritage of
      the Native peoples of Alaska;
        "(3) despite these achievements and Congress's desire that the
      settlement be accomplished rapidly without litigation and in
      conformity with the real economic and social needs of Natives,
      the complexity of the land conveyance process and frequent and
      costly litigation have delayed implementation of the settlement
      and diminished its value;
        "(4) Natives have differing opinions as to whether the Native
      Corporation, as originally structured by the Alaska Native Claims
      Settlement Act, is well adapted to the reality of life in Native
      villages and to the continuation of traditional Native cultural
      values;
        "(5) to ensure the continued success of the settlement and to
      guarantee Natives continued participation in decisions affecting
      their rights and property, the Alaska Native Claims Settlement
      Act must be amended to enable the shareholders of each Native
      Corporation to structure the further implementation of the
      settlement in light of their particular circumstances and needs;
        "(6) among other things, the shareholders of each Native
      Corporation must be permitted to decide - 
          "(A) when restrictions on alienation of stock issued as part
        of the settlement should be terminated, and
          "(B) whether Natives born after December 18, 1971, should
        participate in the settlement;
        "(7) by granting the shareholders of each Native Corporation
      options to structure the further implementation of the
      settlement, Congress is not expressing an opinion on the manner
      in which such shareholders choose to balance individual rights
      and communal rights;
        "(8) no provision of this Act [see Short Title of 1988
      Amendment note above] shall - 
          "(A) unless specifically provided, constitute a repeal or
        modification, implied or otherwise, of any provision of the
        Alaska Native Claims Settlement Act; or
          "(B) confer on, or deny to, any Native organization any
        degree of sovereign governmental authority over lands
        (including management, or regulation of the taking, of fish and
        wildlife) or persons in Alaska; and
        "(9) the Alaska Native Claims Settlement Act and this Act are
      Indian legislation enacted by Congress pursuant to its plenary
      authority under the Constitution of the United States to regulate
      Indian affairs."

                              JUDICIAL REVIEW                          
      Pub. L. 100-241, Sec. 16, Feb. 3, 1988, 101 Stat. 1813, provided
    that:
      "(a) Statute of Limitations. - (1) Notwithstanding any other
    provision of law, a civil action that challenges the
    constitutionality of an amendment made by, or other provision of
    this Act (the Alaska Native Claims Settlement Act Amendments of
    1987) [see Short Title of 1988 Amendment note above] shall be
    barred unless filed within the periods specified in this
    subsection.
      "(2) If a civil action described in paragraph (1) challenges - 
        "(A) the issuance or distribution of Settlement Common Stock
      for less than fair market value consideration pursuant to section
      7(g)(1)(B) or 7(g)(2)(C)(ii) of the Alaska Native Claims
      Settlement Act [43 U.S.C. 1606(g)(1)(B), (2)(C)(ii)]; or
        "(B) an extension of alienability restrictions that involves
      the issuance of stock pursuant to subsections [sic] (c) or (d) of
      section 37 of such Act [43 U.S.C. 1629c(c), (d)]; or
        "(C) the denial of dissenters rights after the rejection of an
      amendment to terminate alienability restrictions pursuant to
      section 37(b) of such Act;
    such civil action shall be barred unless it is filed within one
    year after the date of the shareholder vote authorizing such
    issuance or distribution, extension of restrictions, or denial of
    right, and unless a request for a declaratory judgment or
    injunctive relief is made before stock is issued or distributed.
      "(3) Any other civil action described in paragraph (1) shall be
    barred unless it is filed within two years of the date of the
    enactment of this Act [Feb. 3, 1988].
      "(4) No Native Corporation taking an action described in
    paragraph (2)(A), (2)(B), or (2)(C) shall issue or distribute stock
    sooner than fourteen days after the date of the shareholder vote
    authorizing such action.
      "(b) Jurisdiction and Procedure. - (1) The United States District
    Court for the District of Alaska shall have exclusive original
    jurisdiction over a civil action described in subsection (a)(1).
    The action shall be heard and determined by a court of three judges
    as provided in section 2284 of title 28 of the United States Code.
    An appeal of the final judgment of such court shall be made
    directly to the United States Supreme Court.
      "(2) No money judgment shall be entered against the United States
    in a civil action subject to this section.
      "(c) Statement of Purpose. - The purpose of the limitation on
    civil actions established by this section is - 
        "(1) to ensure that after the expiration of a reasonable period
      of time, Native Shareholders, Native Corporations, the United
      States, and the State of Alaska and its political subdivisions
      will be able to plan their affairs with certainty in full
      reliance on the provisions of this Act, and
        "(2) to eliminate the possibility that the United States will
      incur a monetary liability as a result of the enactment of this
      Act."

                                DISCLAIMER                            
      Pub. L. 100-241, Sec. 17, Feb. 3, 1988, 101 Stat. 1814, provided
    that:
      "(a) No provision of this Act (the Alaska Native Claims
    Settlement Act Amendments of 1987) [see Short Title of 1988
    Amendment note above], exercise of authority pursuant to this Act,
    or change made by, or pursuant to, this Act in the status of land
    shall be construed to validate or invalidate or in any way affect -
    
        "(1) any assertion that a Native organization (including a
      federally recognized tribe, traditional Native council, or Native
      council organized pursuant to the Act of June 18, 1934 (48 Stat.
      987), as amended [25 U.S.C. 461 et seq.]) has or does not have
      governmental authority over lands (including management of, or
      regulation of the taking of, fish and wildlife) or persons within
      the boundaries of the State of Alaska, or
        "(2) any assertion that Indian country (as defined by 18 U.S.C.
      1151 or any other authority) exists or does not exist within the
      boundaries of the State of Alaska.
      "(b) Nothing in the Alaska Native Claims Settlement Act
    Amendments of 1987 (or any amendment made thereby) shall be
    construed - 
        "(1) to diminish or enlarge the ability of the Federal
      Government to assess, collect, or otherwise enforce any Federal
      tax, or
        "(2) to affect, for Federal tax purposes, the valuation of any
      stock issued by a Native Corporation."

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 1602                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1602. Definitions

-STATUTE-
      For the purposes of this chapter, the term - 
      (a) "Secretary" means the Secretary of the Interior;
      (b) "Native" means a citizen of the United States who is a person
    of one-fourth degree or more Alaska Indian (including Tsimshian
    Indians not enrolled in the Metlaktla (!1) Indian Community)
    Eskimo, or Aleut blood, or combination thereof. The term includes
    any Native as so defined either or both of whose adoptive parents
    are not Natives. It also includes, in the absence of proof of a
    minimum blood quantum, any citizen of the United States who is
    regarded as an Alaska Native by the Native village or Native group
    of which he claims to be a member and whose father or mother is
    (or, if deceased, was) regarded as Native by any village or group.
    Any decision of the Secretary regarding eligibility for enrollment
    shall be final;

      (c) "Native village" means any tribe, band, clan, group, village,
    community, or association in Alaska listed in sections 1610 and
    1615 of this title, or which meets the requirements of this
    chapter, and which the Secretary determines was, on the 1970 census
    enumeration date (as shown by the census or other evidence
    satisfactory to the Secretary, who shall make findings of fact in
    each instance), composed of twenty-five or more Natives;
      (d) "Native group" means any tribe, band, clan, village,
    community, or village association of Natives in Alaska composed of
    less than twenty-five Natives, who comprise a majority of the
    residents of the locality;
      (e) "Public lands" means all Federal lands and interests therein
    located in Alaska except: (1) the smallest practicable tract, as
    determined by the Secretary, enclosing land actually used in
    connection with the administration of any Federal installation, and
    (2) land selections of the State of Alaska which have been patented
    or tentatively approved under section 6(g) of the Alaska Statehood
    Act, as amended (72 Stat. 341, 77 Stat. 223), or identified for
    selection by the State prior to January 17, 1969;
      (f) "State" means the State of Alaska;
      (g) "Regional Corporation" means an Alaska Native Regional
    Corporation established under the laws of the State of Alaska in
    accordance with the provisions of this chapter;
      (h) "Person" means any individual, group, firm, corporation,
    association, or partnership;
      (i) "Municipal Corporation" means any general unit of municipal
    government under the laws of the State of Alaska;
      (j) "Village Corporation" means an Alaska Native Village
    Corporation organized under the laws of the State of Alaska as a
    business for profit or nonprofit corporation to hold, invest,
    manage and/or distribute lands, property, funds, and other rights
    and assets for and on behalf of a Native village in accordance with
    the terms of this chapter.(!2)

      (k) "Fund" means the Alaska Native Fund in the Treasury of the
    United States established by section 1605 of this title;
      (l) "Planning Commission" means the Joint Federal-State Land Use
    Planning Commission established by section 1616 of this title;
      (m) "Native Corporation" means any Regional Corporation, any
    Village Corporation, any Urban Corporation, and any Group
    Corporation;
      (n) "Group Corporation" means an Alaska Native Group Corporation
    organized under the laws of the State of Alaska as a business for
    profit or nonprofit corporation to hold, invest, manage and/or
    distribute lands, property, funds, and other rights and assets for
    and on behalf of members of a Native group in accordance with the
    terms of this chapter;
      (o) "Urban Corporation" means an Alaska Native Urban Corporation
    organized under the laws of the State of Alaska as a business for
    profit or nonprofit corporation to hold, invest, manage and/or
    distribute lands, property, funds, and other rights and assets for
    and on behalf of members of an urban community of Natives in
    accordance with the terms of this chapter;
      (p) "Settlement Common Stock" means stock of a Native Corporation
    issued pursuant to section 1606(g)(1) of this title that carries
    with it the rights and restrictions listed in section 1606(h)(1) of
    this title;
      (q) "Replacement Common Stock" means stock of a Native
    Corporation issued in exchange for Settlement Common Stock pursuant
    to section 1606(h)(3) of this title;
      (r) "Descendant of a Native" means - 
        (1) a lineal descendant of a Native or of an individual who
      would have been a Native if such individual were alive on
      December 18, 1971, or
        (2) an adoptee of a Native or of a descendant of a Native,
      whose adoption - 
          (A) occurred prior to his or her majority, and
          (B) is recognized at law or in equity;

      (s) "Alienability restrictions" means the restrictions imposed on
    Settlement Common Stock by section 1606(h)(1)(B) of this title;
      (t) "Settlement Trust" means a trust - 
        (1) established and registered by a Native Corporation under
      the laws of the State of Alaska pursuant to a resolution of its
      shareholders, and
        (2) operated for the benefit of shareholders, Natives, and
      descendants of Natives, in accordance with section 1629e of this
      title and the laws of the State of Alaska.

-SOURCE-
    (Pub. L. 92-203, Sec. 3, Dec. 18, 1971, 85 Stat. 689; Pub. L. 96-
    487, title XIV, Sec. 1401(d), Dec. 2, 1980, 94 Stat. 2492; Pub. L.
    100-241, Sec. 3, Feb. 3, 1988, 101 Stat. 1789; Pub. L. 106-194,
    Sec. 3, May 2, 2000, 114 Stat. 243.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 6(g) of the Alaska Statehood Act, as amended, referred to
    in subsec. (e), is section 6(g) of Pub. L. 85-508, July 7, 1958, 72
    Stat. 339, which is set out as a note preceding section 21 of Title
    48, Territories and Insular Possessions.

-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (t)(2). Pub. L. 106-194 substituted "benefit of
    shareholders, Natives, and descendants of Natives," for "sole
    benefit of the holders of the corporation's Settlement Common
    Stock".
      1988 - Subsec. (h). Pub. L. 100-241, Sec. 3(1), inserted "group,"
    after "individual,".
      Subsec. (k). Pub. L. 100-241, Sec. 3(2), struck out "and" at end.
      Subsec. (l). Pub. L. 100-241, Sec. 3(3), substituted semicolon
    for period.
      Subsec. (m). Pub. L. 100-241, Sec. 3(4), substituted "Group
    Corporation;" for "Native Group."
      Subsecs. (n) to (t). Pub. L. 100-241, Sec. 3(5), added subsecs.
    (n) to (t).
      1980 - Subsec. (m). Pub. L. 96-487 added subsec. (m).

-CROSS-
                                DEFINITIONS                            
      Pub. L. 108-452, Sec. 2, Dec. 10, 2004, 118 Stat. 3576, provided
    that: "In this Act [see Short Title of 2004 Amendment note set out
    under section 1601 of this title]:
        "(1) Native allotment. - The term 'Native allotment' means an
      allotment claimed under the Act of May 17, 1906 (34 Stat. 197,
      chapter 2469) [former 43 U.S.C. 270-1 to 270-3].
        "(2) Secretary. - The term 'Secretary' means the Secretary of
      the Interior.
        "(3) State. - The term 'State' means the State of Alaska."

-FOOTNOTE-
    (!1) So in original. Probably should be "Metlakatla".

               

    (!2) So in original. The period probably should be a semicolon.

-End-

-CITE-
    43 USC Sec. 1603                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1603. Declaration of settlement

-STATUTE-
    (a) Aboriginal title extinguishment through prior land and water
      area conveyances
      All prior conveyances of public land and water areas in Alaska,
    or any interest therein, pursuant to Federal law, and all tentative
    approvals pursuant to section 6(g) of the Alaska Statehood Act,
    shall be regarded as an extinguishment of the aboriginal title
    thereto, if any.
    (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
      All aboriginal titles, if any, and claims of aboriginal title in
    Alaska based on use and occupancy, including submerged land
    underneath all water areas, both inland and offshore, and including
    any aboriginal hunting or fishing rights that may exist, are hereby
    extinguished.
    (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
      All claims against the United States, the State, and all other
    persons that are based on claims of aboriginal right, title, use,
    or occupancy of land or water areas in Alaska, or that are based on
    any statute or treaty of the United States relating to Native use
    and occupancy, or that are based on the laws of any other nation,
    including any such claims that are pending before any Federal or
    state court or the Indian Claims Commission, are hereby
    extinguished.

-SOURCE-
    (Pub. L. 92-203, Sec. 4, Dec. 18, 1971, 85 Stat. 689.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 6(g) of the Alaska Statehood Act, referred to in subsec.
    (a), is section 6(g) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339,
    which is set out as a note preceding section 21 of Title 48,
    Territories and Insular Possessions.

-End-

-CITE-
    43 USC Sec. 1604                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1604. Enrollment

-STATUTE-
    (a) Eligible Natives; finality of decision
      The Secretary shall prepare within two years from December 18,
    1971, a roll of all Natives who were born on or before, and who are
    living on, December 18, 1971. Any decision of the Secretary
    regarding eligibility for enrollment shall be final.
    (b) Residence; order of priority in enrollment of Natives not
      permanent residents; regional family or hardship enrollment
      The roll prepared by the Secretary shall show for each Native,
    among other things, the region and the village or other place in
    which he resided on the date of the 1970 census enumeration, and he
    shall be enrolled according to such residence. Except as provided
    in subsection (c) of this section, a Native eligible for enrollment
    who is not, when the roll is prepared, a permanent resident of one
    of the twelve regions established pursuant to section 1606(a) of
    this title shall be enrolled by the Secretary in one of the twelve
    regions, giving priority in the following order to - 
        (1) the region where the Native resided on the 1970 census date
      if he had resided there without substantial interruption for two
      or more years;
        (2) the region where the Native previously resided for an
      aggregate of ten years or more;
        (3) the region where the Native was born; and
        (4) the region from which an ancestor of the Native came: (!1)

    The Secretary may enroll a Native in a different region when
    necessary to avoid enrolling members of the same family in
    different regions or otherwise avoid hardship.
    (c) Election of enrollment in thirteenth region, if established, of
      Native nonresidents; dependent household members as bound
      A Native eligible for enrollment who is eighteen years of age or
    older and is not a permanent resident of one of the twelve regions
    may, on the date he files an application for enrollment, elect to
    be enrolled in a thirteenth region for Natives who are non-
    residents of Alaska, if such region is established pursuant to
    section 1606(c) of this title. If such region is not established,
    he shall be enrolled as provided in subsection (b) of this section.
    His election shall apply to all dependent members of his household
    who are less than eighteen years of age, but shall not affect the
    enrollment of anyone else.

-SOURCE-
    (Pub. L. 92-203, Sec. 5, Dec. 18, 1971, 85 Stat. 690.)

-MISC1-
              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."

       ESTABLISHMENT BY COURT ORDER OF 13TH REGIONAL CORPORATION FOR
      BENEFIT OF NONPERMANENT RESIDENTS; LAND SELECTION ENTITLEMENTS;
    PREVIOUSLY ISSUED STOCK; ELECTION FOR ENROLLMENT; LAND ENTITLEMENTS
          OF CORPORATIONS OR NATIVE VILLAGE OR GROUP ELIGIBILITY
      Pub. L. 94-204, Sec. 8, Jan. 2, 1976, 89 Stat. 1149, provided
    that:
      "(a) Notwithstanding the October 6, 1975, order of the United
    States District Court for the District of Columbia in the case of
    Alaska Native Association of Oregon et al. against Rogers C. B.
    Morton et al., Civil Action Numbered 2133-73, and Alaska Federation
    of Natives International, Inc., et al. against Rogers C. B. Morton,
    et al., Civil Action Numbered 2141-73 ( -  F. Supp.  - ) [417 F.
    Supp. 459], changes in enrollments of any Alaska Regional or
    Village Corporation nor any Native village or group eligibility.
      "(b) Stock previously issued by any of the twelve Regional
    Corporations in Alaska or by Village Corporations to any Native who
    is enrolled in the thirteenth region pursuant to said order shall,
    upon said enrollment, be canceled by the issuing corporation
    without liability to it or the Native whose stock is so canceled:
    Provided, That, in the event that a Native enrolled in the
    thirteenth region pursuant to said order shall elect to re-enroll
    in the appropriate Regional Corporation in Alaska pursuant to the
    sixth ordering paragraph of that order, stock of such Native may be
    canceled by the Thirteenth Regional Corporation and stock may be
    issued to such Native by the appropriate Regional Corporation in
    Alaska without liability to either corporation or to the Native.
      "(c) Whenever additional enrollment under the Settlement Act
    [this chapter] is permitted pursuant to 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] or
    any other provision of law, any Native enrolling under such
    authority who is determined not to be a permanent resident of the
    State of Alaska under criteria established pursuant to the
    Settlement Act shall, at the time of enrollment, elect whether to
    be enrolled in the thirteenth region or in the region determined
    pursuant to the provisions of section 5(b) of such act [section
    1604(b) of this title] and such election shall apply to all
    dependent members of such Native's household who are less than
    eighteen years of age on the date of such election.
      "(d) No change in the final roll of Natives established by the
    Secretary pursuant to section 5 of the Settlement Act [section 1604
    of this title] resulting from any regulation promulgated by the
    Secretary of the Interior providing for the disenrollment of
    Natives shall affect land entitlements of any Regional or Village
    Corporation or any Native village or group eligibility."

-FOOTNOTE-               

    (!1) So in original. The colon probably should be a period.

-End-

-CITE-
    43 USC Sec. 1605                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1605. Alaska Native Fund

-STATUTE-
    (a) Establishment in Treasury; deposits into Fund of general fund,
      interest, and revenue sharing moneys
      There is hereby established in the United States Treasury an
    Alaska Native Fund into which the following moneys shall be
    deposited:
        (1) $462,500,000 from the general fund of the Treasury, which
      are authorized to be appropriated according to the following
      schedule:
          (A) $12,500,000 during the fiscal year in which this chapter
        becomes effective;
          (B) $50,000,000 during the second fiscal year;
          (C) $70,000,000 during each of the third, fourth, and fifth
        fiscal years;
          (D) $40,000,000 during the period beginning July 1, 1976, and
        ending September 30, 1976; and
          (E) $30,000,000 during each of the next five fiscal years,
        for transfer to the Alaska Native Fund in the fourth quarter of
        each fiscal year.

        (2) Four percent interest per annum, which is authorized to be
      appropriated, on any amount authorized to be appropriated by this
      paragraph that is not appropriated within six months after the
      fiscal year in which payable.
        (3) $500,000,000 pursuant to the revenue sharing provisions of
      section 1608 of this title.
    (b) Prohibition of expenditures for propaganda or political
      campaigns; misdemeanor; penalty
      None of the funds paid or distributed pursuant to this section to
    any of the Regional and Village Corporations established pursuant
    to this chapter shall be expended, donated, or otherwise used for
    the purpose of carrying on propaganda, or intervening in (including
    the publishing and distributing of statements) any political
    campaign on behalf of any candidate for public office. Any person
    who willfully violates the foregoing provision shall be guilty of a
    misdemeanor and, upon conviction thereof, shall be fined not more
    than $1,000 or imprisoned not more than twelve months, or both.
    (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
      After completion of the roll prepared pursuant to section 1604 of
    this title, all money in the Fund, except money reserved as
    provided in section 1619 of this title for the payment of attorney
    and other fees, shall be distributed at the end of each three
    months of the fiscal year among the Regional Corporations organized
    pursuant to section 1606 of this title on the basis of the relative
    numbers of Natives enrolled in each region. The share of a Regional
    Corporation that has not been organized shall be retained in the
    Fund until the Regional Corporation is organized.

-SOURCE-
    (Pub. L. 92-203, Sec. 6, Dec. 18, 1971, 85 Stat. 690; Pub. L. 94-
    273, Sec. 38, Apr. 21, 1976, 90 Stat. 380.)

-MISC1-
                                AMENDMENTS                            
      1976 - Subsec. (a)(1)(D). Pub. L. 94-273 substituted "period
    beginning July 1, 1976, and ending September 30, 1976; and" for
    "the sixth fiscal year; and".
      Subsec. (a)(1)(E). Pub. L. 94-273 inserted provision relating to
    transfer to the Alaska Native Fund.

       DEPOSITS INTO AND DISTRIBUTIONS FROM ALASKA NATIVE FUND; TIME
           REQUIREMENTS; INCLUSION OF PREVIOUSLY EARNED INTEREST
      Pub. L. 96-487, title XIV, Sec. 1414, Dec. 2, 1980, 94 Stat.
    2498, provided that:
      "(a) Moneys appropriated for deposit in the Alaska Native Fund
    for the fiscal year following the enactment of this Act [Dec. 2,
    1980], shall, for the purposes of section 5 of Public Law 94-204
    [set out below] only, be deposited into the Alaska Native Fund on
    the first day of the fiscal year for which the moneys are
    appropriated, and shall be distributed at the end of the first
    quarter of the fiscal year in accordance with section 6(c) of the
    Alaska Native Claims Settlement Act [subsec. (c) of this section]
    notwithstanding any other provision of law.
      "(b) For the fiscal year in which this Act is enacted [fiscal
    year 1981], the money appropriated shall be deposited within 10
    days of enactment [Dec. 2, 1980], unless it has already been
    deposited in accordance with existing law, and shall be distributed
    no later than the end of the quarter following the quarter in which
    the money is deposited: Provided, That if the money is already
    deposited at the time of enactment of this Act, it must be
    distributed at the end of the quarter in which this Act is enacted.
      "(c) Notwithstanding section 38 of the Fiscal Year Adjustment Act
    [section 38 of Pub. L. 94-273, which amended this section] or any
    other provisions of law, interest earned from the investment of
    appropriations made pursuant to the Act of July 31, 1976 (Public
    Law 94-373; 90 Stat. 1051) [not classified to the Code], and
    deposited in the Alaska Native Fund on or after October 1, 1976,
    shall be deposited in the Alaska Native Fund within thirty days
    after enactment of this Act [Dec. 2, 1980] and shall be distributed
    as required by section 6(c) of the Alaska Native Claims Settlement
    Act [subsec. (c) of this section]."

     ALASKA NATIVE FUND VIEWED AS TRUST FOR INDIAN TRIBES FOR PURPOSES
                        OF INTEREST AND INVESTMENT
      Pub. L. 94-204, Sec. 5, Jan. 2, 1976, 89 Stat. 1147, provided
    that: "For purposes of the first section of the Act of February 12,
    1929 (45 Stat. 1164), as amended [section 161a of Title 25,
    Indians], and the first section of the Act of June 24, 1938 (52
    Stat. 1037) [section 162a of Title 25], the Alaska Native Fund
    shall, pending distributions under section 6(c) of the Settlement
    Act [subsec. (c) of this section] be considered to consist of funds
    held in trust by the Government of the United States for the
    benefit of Indian tribes: Provided, That nothing in this section
    shall be construed to create or terminate any trust relationship
    between the United States and any corporation or individual
    entitled to receive benefits under the Settlement Act [this
    chapter]."

-End-

-CITE-
    43 USC Sec. 1606                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1606. Regional Corporations

-STATUTE-
    (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
      For purposes of this chapter, the State of Alaska shall be
    divided by the Secretary within one year after December 18, 1971,
    into twelve geographic regions, with each region composed as far as
    practicable of Natives having a common heritage and sharing common
    interests. In the absence of good cause shown to the contrary, such
    regions shall approximate the areas covered by the operations of
    the following existing Native associations:
        (1) Arctic Slope Native Association (Barrow, Point Hope);
        (2) Bering Straits Association (Seward Peninsula, Unalakleet,
      Saint Lawrence Island);
        (3) Northwest Alaska Native Association (Kotzebue);
        (4) Association of Village Council Presidents (southwest coast,
      all villages in the Bethel area, including all villages on the
      Lower Yukon River and the Lower Kuskokwim River);
        (5) Tanana Chiefs' Conference (Koyukuk, Middle and Upper Yukon
      Rivers, Upper Kuskokwim, Tanana River);
        (6) Cook Inlet Association (Kenai, Tyonek, Eklutna, Iliamna);
        (7) Bristol Bay Native Association (Dillingham, Upper Alaska
      Peninsula);
        (8) Aleut League (Aleutian Islands, Pribilof Islands and that
      part of the Alaska Peninsula which is in the Aleut League);
        (9) Chugach Native Association (Cordova, Tatitlek, Port Graham,
      English Bay, Valdez, and Seward);
        (10) Tlingit-Haida Central Council (southeastern Alaska,
      including Metlakatla);
        (11) Kodiak Area Native Association (all villages on and around
      Kodiak Island); and
        (12) Copper River Native Association (Copper Center,
      Glennallen, Chitina, Mentasta).

    Any dispute over the boundaries of a region or regions shall be
    resolved by a board of arbitrators consisting of one person
    selected by each of the Native associations involved, and an
    additional one or two persons, whichever is needed to make an odd
    number of arbitrators, such additional person or persons to be
    selected by the arbitrators selected by the Native associations
    involved.
    (b) Region mergers; limitation
      The Secretary may, on request made within one year of December
    18, 1971, by representative and responsible leaders of the Native
    associations listed in subsection (a) of this section, merge two or
    more of the twelve regions: Provided, That the twelve regions may
    not be reduced to less than seven, and there may be no fewer than
    seven Regional Corporations.
    (c) Establishment of thirteenth region for nonresident Natives;
      majority vote; Regional Corporation for thirteenth region
      If a majority of all eligible Natives eighteen years of age or
    older who are not permanent residents of Alaska elect, pursuant to
    section 1604(c) of this title, to be enrolled in a thirteenth
    region for Natives who are non-residents of Alaska, the Secretary
    shall establish such a region for the benefit of the Natives who
    elected to be enrolled therein, and they may establish a Regional
    Corporation pursuant to this chapter.
    (d) Incorporation; business for profit; eligibility for benefits;
      provisions in articles for carrying out chapter
      Five incorporators within each region, named by the Native
    association in the region, shall incorporate under the laws of
    Alaska a Regional Corporation to conduct business for profit, which
    shall be eligible for the benefits of this chapter so long as it is
    organized and functions in accordance with this chapter. The
    articles of incorporation shall include provisions necessary to
    carry out the terms of this 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
      The original articles of incorporation and bylaws shall be
    approved by the Secretary before they are filed, and they shall be
    submitted for approval within eighteen months after December 18,
    1971. The articles of incorporation may not be amended during the
    Regional Corporation's first five years without the approval of the
    Secretary. The Secretary may withhold approval under this section
    if in his judgment inequities among Native individuals or groups of
    Native individuals would be created.
    (f) Board of directors; management; stockholders; provisions in
      articles or bylaws for number, term, and method of election
      The management of the Regional Corporation shall be vested in a
    board of directors, all of whom, with the exception of the initial
    board, shall be stockholders over the age of eighteen. The number,
    terms, and method of election of members of the board of directors
    shall be fixed in the articles of incorporation or bylaws of the
    Regional Corporation.
    (g) Issuance of stock
      (1) Settlement Common Stock
        (A) The Regional Corporation shall be authorized to issue such
      number of shares of Settlement Common Stock (divided into such
      classes as may be specified in the articles of incorporation to
      reflect the provisions of this chapter) as may be needed to issue
      one hundred shares of stock to each Native enrolled in the region
      pursuant to section 1604 of this title.
        (B)(i) A Regional Corporation may amend its articles of
      incorporation to authorize the issuance of additional shares of
      Settlement Common Stock to - 
          (I) Natives born after December 18, 1971, and, at the further
        option of the Corporation, descendants of Natives born after
        December 18, 1971,
          (II) Natives who were eligible for enrollment pursuant to
        section 1604 of this title but were not so enrolled, or
          (III) Natives who have attained the age of 65,

      for no consideration or for such consideration and upon such
      terms and conditions as may be specified in such amendment or in
      a resolution approved by the board of directors pursuant to
      authority expressly vested in the board by the amendment. The
      amendment to the articles of incorporation may specify which
      class of Settlement Common Stock shall be issued to the various
      groups of Natives.
        (ii) Not more than one hundred shares of Settlement Common
      Stock shall be issued to any one individual pursuant to clause
      (i).
        (iii) The amendment authorized by clause (i) may provide that
      Settlement Common Stock issued to a Native pursuant to such
      amendment (or stock issued in exchange for such Settlement Common
      Stock pursuant to subsection (h)(3) of this section or section
      1629c(d) of this title) shall be deemed canceled upon the death
      of such Native. No compensation for this cancellation shall be
      paid to the estate of the deceased Native or to any person
      holding the stock.
        (iv) Settlement Common Stock issued pursuant to clause (i)
      shall not carry rights to share in distributions made to
      shareholders pursuant to subsections (j) and (m) of this section
      unless, prior to the issuance of such stock, a majority of the
      class of existing holders of Settlement Common Stock carrying
      such rights separately approve the granting of such rights. The
      articles of incorporation of the Regional Corporation shall be
      deemed to be amended to authorize such class vote.
        (C)(i) A Regional Corporation may amend its articles of
      incorporation to authorize the issuance of additional shares of
      Settlement Common Stock as a dividend or other distribution
      (without regard to surplus of the corporation under the laws of
      the State) upon each outstanding share of Settlement Common Stock
      issued pursuant to subparagraphs (A) and (B).
        (ii) The amendment authorized by clause (i) may provide that
      shares of Settlement Common Stock issued as a dividend or other
      distribution shall constitute a separate class of stock with
      greater per share voting power than Settlement Common Stock
      issued pursuant to subparagraphs (A) and (B).
      (2) Other forms of stock
        (A) A Regional Corporation may amend its articles of
      incorporation to authorize the issuance of shares of stock other
      than Settlement Common Stock in accordance with the provisions of
      this paragraph. Such amendment may provide that - 
          (i) preemptive rights of shareholders under the laws of the
        State shall not apply to the issuance of such shares, or
          (ii) issuance of such shares shall permanently preclude the
        corporation from - 
            (I) conveying assets to a Settlement Trust, or
            (II) issuing shares of stock without adequate consideration
          as required under the laws of the State.

        (B) The amendment authorized by subparagraph (A) may provide
      that the stock to be issued shall be one or more of the following
      - 
          (i) divided into classes and series within classes, with
        preferences, limitations, and relative rights, including,
        without limitation - 
            (I) dividend rights,
            (II) voting rights, and
            (III) liquidation preferences;

          (ii) made subject to one or more of - 
            (I) the restrictions on alienation described in clauses
          (i), (ii), and (iv) of subsection (h)(1)(B) of this section,
          and
            (II) the restriction described in paragraph (1)(B)(iii);
          and

          (iii) restricted in issuance to - 
            (I) Natives who have attained the age of sixty-five;
            (II) other identifiable groups of Natives or identifiable
          groups of descendants of Natives defined in terms of general
          applicability and not in any way by reference to place of
          residence or family;
            (III) Settlement Trusts; or
            (IV) entities established for the sole benefit of Natives
          or descendants of Natives, in which the classes of
          beneficiaries are defined in terms of general applicability
          and not in any way by reference to place of residence,
          family, or position as an officer, director, or employee of a
          Native Corporation.

        (C) The amendment authorized by subparagraph (A) shall provide
      that the additional shares of stock shall be issued - 
          (i) as a dividend or other distribution (without regard to
        surplus of the corporation under the laws of the State) upon
        all outstanding shares of stock of any class or series, or
          (ii) for such consideration as may be permitted by law
        (except that this requirement may be waived with respect to
        issuance of stock to the individuals or entities described in
        subparagraph (B)(iii)).

        (D) During any period in which alienability restrictions are in
      effect, no stock whose issuance is authorized by subparagraph (A)
      shall be - 
          (i) issued to, or for the benefit of, a group of individuals
        composed only or principally of employees, officers, and
        directors of the corporation; or
          (ii) issued more than thirteen months after the date on which
        the vote of the shareholders on the amendment authorizing the
        issuance of such stock occurred if, as a result of the
        issuance, the outstanding shares of Settlement Common Stock
        will represent less than a majority of the total voting power
        of the corporation for the purpose of electing directors.
      (3) Disclosure requirements
        (A) An amendment to the articles of incorporation of a Regional
      Corporation authorized by paragraph (2) shall specify - 
          (i) the maximum number of shares of any class or series of
        stock that may be issued, and
          (ii) the maximum number of votes that may be held by such
        shares.

        (B)(i) If the board of directors of a Regional Corporation
      intends to propose an amendment pursuant to paragraph (2) which
      would authorize the issuance of classes or series of stock that,
      singly or in combination, could cause the outstanding shares of
      Settlement Common Stock to represent less than a majority of the
      total voting power of the corporation for the purposes of
      electing directors, the shareholders of such corporation shall be
      expressly so informed.
        (ii) Such information shall be transmitted to the shareholders
      in a separate disclosure statement or in another informational
      document in writing or in recorded sound form both in English and
      any Native language used by a shareholder of such corporation.
      Such statement or informational document shall be transmitted to
      the shareholders at least sixty days prior to the date on which
      such proposal is to be submitted for a vote.
        (iii) If not later than thirty days after issuance of such
      disclosure statement or informational document the board of
      directors receives a prepared concise statement setting forth
      arguments in opposition to the proposed amendment together with a
      request for distribution thereof signed by the holders of at
      least 10 per centum of the outstanding shares of Settlement
      Common Stock, the board shall either distribute such statement to
      the shareholders or provide to the requesting shareholders a list
      of all shareholder's names and addresses so that the requesting
      shareholders may distribute such statement.
      (4) Savings
        (A)(i) No shares of stock issued pursuant to paragraphs (1)(C)
      and (2) shall carry rights to share in distributions made to
      shareholders pursuant to subsections (j) and (m) of this section.
      No shares of stock issued pursuant to paragraph (1)(B) shall
      carry such rights unless authorized pursuant to paragraph
      (1)(B)(iv).
        (ii) Notwithstanding the issuance of additional shares of stock
      pursuant to paragraphs (!1) (1)(B), (1)(C), or (2), a Regional
      Corporation shall apply the ratio last computed pursuant to
      subsection (m) of this section prior to February 3, 1988, for
      purposes of distributing funds pursuant to subsections (j) and
      (m) of this section.

        (B) The issuance of additional shares of stock pursuant to
      paragraphs (!1) (1)(B), (1)(C), or (2) shall not affect the
      division and distribution of revenues pursuant to subsection (i)
      of this section.
        (C) No provision of this chapter shall limit the right of a
      Regional Corporation to take an action authorized by the laws of
      the State unless such action is inconsistent with the provisions
      of this chapter.
    (h) Settlement Common Stock
      (1) Rights and restrictions
        (A) Except as otherwise expressly provided in this chapter,
      Settlement Common Stock of a Regional Corporation shall - 
          (i) carry a right to vote in elections for the board of
        directors and on such other questions as properly may be
        presented to shareholders;
          (ii) permit the holder to receive dividends or other
        distributions from the corporation; and
          (iii) vest in the holder all rights of a shareholder in a
        business corporation organized under the laws of the State.

        (B) Except as otherwise provided in this subsection, Settlement
      Common Stock, inchoate rights thereto, and rights to dividends or
      distributions declared with respect thereto shall not be - 
          (i) sold;
          (ii) pledged;
          (iii) subjected to a lien or judgment execution;
          (iv) assigned in present or future;
          (v) treated as an asset under - 
            (I) title 11 or any successor statute,
            (II) any other insolvency or moratorium law, or
            (III) other laws generally affecting creditors' rights; or

          (vi) otherwise alienated.

        (C) Notwithstanding the restrictions set forth in subparagraph
      (B), Settlement Common Stock may be transferred to a Native or a
      descendant of a Native - 
          (i) pursuant to a court decree of separation, divorce, or
        child support;
          (ii) by a holder who is a member of a professional
        organization, association, or board that limits his or her
        ability to practice his or her profession because he or she
        holds Settlement Common Stock; or
          (iii) as an inter vivos gift from a holder to his or her
        child, grandchild, great-grandchild, niece, nephew, or (if the
        holder has reached the age of majority as defined by the laws
        of the State of Alaska) brother or sister, notwithstanding an
        adoption, relinquishment, or termination of parental rights
        that may have altered or severed the legal relationship between
        the gift donor and recipient.
      (2) Inheritance of Settlement Common Stock
        (A) Upon the death of a holder of Settlement Common Stock,
      ownership of such stock (unless canceled in accordance with
      subsection (g)(1)(B)(iii) of this section) shall be transferred
      in accordance with the lawful will of such holder or pursuant to
      applicable laws of intestate succession. If the holder fails to
      dispose of his or her stock by will and has no heirs under
      applicable laws of intestate succession, the stock shall escheat
      to the issuing Regional Corporation and be canceled.
        (B) The issuing Regional Corporation shall have the right to
      purchase at fair value Settlement Common Stock transferred
      pursuant to applicable laws of intestate succession to a person
      not a Native or a descendant of a Native after February 3, 1988,
      if - 
          (i) the corporation - 
            (I) amends its articles of incorporation to authorize such
          purchases, and
            (II) gives the person receiving such stock written notice
          of its intent to purchase within ninety days after the date
          that the corporation either determines the decedent's heirs
          in accordance with the laws of the State or receives notice
          that such heirs have been determined, whichever later occurs;
          and

          (ii) the person receiving such stock fails to transfer the
        stock pursuant to paragraph (1)(C)(iii) within sixty days after
        receiving such written notice.

        (C) Settlement Common Stock of a Regional Corporation - 
          (i) transferred by will or pursuant to applicable laws of
        intestate succession after February 3, 1988, or
          (ii) transferred by any means prior to February 3, 1988,

      to a person not a Native or a descendant of a Native shall not
      carry voting rights. If at a later date such stock is lawfully
      transferred to a Native or a descendant of a Native, voting
      rights shall be automatically restored.
      (3) Replacement Common Stock
        (A) On the date on which alienability restrictions terminate in
      accordance with the provisions of section 1629c of this title,
      all Settlement Common Stock previously issued by a Regional
      Corporation shall be deemed canceled, and shares of Replacement
      Common Stock of the appropriate class shall be issued to each
      shareholder, share for share, subject only to subparagraph (B)
      and to such restrictions consistent with this chapter as may be
      provided by the articles of incorporation of the corporation or
      in agreements between the corporation and individual
      shareholders.
        (B)(i) Replacement Common Stock issued in exchange for
      Settlement Common Stock issued subject to the restriction
      authorized by subsection (g)(1)(B)(iii) of this section shall
      bear a legend indicating that the stock will eventually be
      canceled in accordance with the requirements of that subsection.
        (ii) Prior to the termination of alienability restrictions, the
      board of directors of the corporation shall approve a resolution
      to provide that each share of Settlement Common Stock carrying
      the right to share in distributions made to shareholders pursuant
      to subsections (j) and (m) of this section shall be exchanged
      either for - 
          (I) a share of Replacement Common Stock that carries such
        right, or
          (II) a share of Replacement Common Stock that does not carry
        such right together with a separate, non-voting security that
        represents only such right.

        (iii) Replacement Common Stock issued in exchange for a class
      of Settlement Common Stock carrying greater per share voting
      power than Settlement Common Stock issued pursuant to subsections
      (g)(1)(A) and (g)(1)(B) of this section shall carry such voting
      power and be subject to such other terms as may be provided in
      the amendment to the articles of incorporation authorizing the
      issuance of such class of Settlement Common Stock.
        (C) The articles of incorporation of the Regional Corporation
      shall be deemed amended to authorize the issuance of Replacement
      Common Stock and the security described in subparagraph
      (B)(ii)(II).
        (D) Prior to the date on which alienability restrictions
      terminate, a Regional Corporation may amend its articles of
      incorporation to impose upon Replacement Common Stock one or more
      of the following - 
          (i) a restriction denying voting rights to any holder of
        Replacement Common Stock who is not a Native or a descendant of
        a Native;
          (ii) a restriction granting the Regional Corporation, or the
        Regional Corporation and members of the shareholder's immediate
        family who are Natives or descendants of Natives, the first
        right to purchase, on reasonable terms, the Replacement Common
        Stock of the shareholder prior to the sale or transfer of such
        stock (other than a transfer by will or intestate succession)
        to any other party, including a transfer in satisfaction of a
        lien, writ of attachment, judgment execution, pledge, or other
        encumbrance; and
          (iii) any other term, restriction, limitation, or provision
        authorized by the laws of the State.

        (E) Replacement Common Stock shall not be subjected to a lien
      or judgment execution based upon any asserted or unasserted legal
      obligation of the original recipient arising prior to the
      issuance of such stock.
      (4) Purchase of settlement common stock of Cook Inlet Region
        (A) As used in this paragraph, the term "Cook Inlet Regional
      Corporation" means Cook Inlet Region, Incorporated.
        (B) The Cook Inlet Regional Corporation may, by an amendment to
      its articles of incorporation made in accordance with the voting
      standards under section 1629b(d)(1) of this title, purchase
      Settlement Common Stock of the Cook Inlet Regional Corporation
      and all rights associated with the stock from the shareholders of
      Cook Inlet Regional Corporation in accordance with any provisions
      included in the amendment that relate to the terms, procedures,
      number of offers to purchase, and timing of offers to purchase.
        (C) Subject to subparagraph (D), and notwithstanding paragraph
      (1)(B), the shareholders of Cook Inlet Regional Corporation may,
      in accordance with an amendment made pursuant to subparagraph
      (B), sell the Settlement Common Stock of the Cook Inlet Regional
      Corporation to itself.
        (D) No sale or purchase may be made pursuant to this paragraph
      without the prior approval of the board of directors of Cook
      Inlet Regional Corporation. Except as provided in subparagraph
      (E), each sale and purchase made under this paragraph shall be
      made pursuant to an offer made on the same terms to all holders
      of Settlement Common Stock of the Cook Inlet Regional
      Corporation.
        (E) To recognize the different rights that accrue to any class
      or series of shares of Settlement Common Stock owned by
      stockholders who are not residents of a Native village (referred
      to in this paragraph as "non-village shares"), an amendment made
      pursuant to subparagraph (B) shall authorize the board of
      directors (at the option of the board) to offer to purchase - 
          (i) the non-village shares, including the right to share in
        distributions made to shareholders pursuant to subsections (j)
        and (m) of this section (referred to in this paragraph as
        "nonresident distribution rights"), at a price that includes a
        premium, in addition to the amount that is offered for the
        purchase of other village shares of Settlement Common Stock of
        the Cook Inlet Regional Corporation, that reflects the value of
        the nonresident distribution rights; or
          (ii) non-village shares without the nonresident distribution
        rights associated with the shares.

        (F) Any shareholder who accepts an offer made by the board of
      directors pursuant to subparagraph (E)(ii) shall receive, with
      respect to each non-village share sold by the shareholder to the
      Cook Inlet Regional Corporation - 
          (i) the consideration for a share of Settlement Common Stock
        offered to shareholders of village shares; and
          (ii) a security for only the nonresident rights that attach
        to such share that does not have attached voting rights
        (referred to in this paragraph as a "non-voting security").

        (G) An amendment made pursuant to subparagraph (B) shall
      authorize the issuance of a non-voting security that - 
          (i) shall, for purposes of subsections (j) and (m) of this
        section, be treated as a non-village share with respect to - 
            (I) computing distributions under such subsections; and
            (II) entitling the holder of the share to the proportional
          share of the distributions made under such subsections;

          (ii) may be sold to Cook Inlet Region, Inc.; and
          (iii) shall otherwise be subject to the restrictions under
        paragraph (1)(B).

        (H) Any shares of Settlement Common Stock purchased pursuant to
      this paragraph shall be canceled on the conditions that - 
          (i) non-village shares with the nonresident rights that
        attach to such shares that are purchased pursuant to this
        paragraph shall be considered to be - 
            (I) outstanding shares; and
            (II) for the purposes of subsection (m) of this section,
          shares of stock registered on the books of the Cook Inlet
          Regional Corporation in the names of nonresidents of
          villages;

          (ii) any amount of funds that would be distributable with
        respect to non-village shares or non-voting securities pursuant
        to subsection (j) or (m) of this section shall be distributed
        by Cook Inlet Regional Corporation to itself; and
          (iii) village shares that are purchased pursuant to this
        paragraph shall be considered to be - 
            (I) outstanding shares, and
            (II) for the purposes of subsection (k) of this section
          shares of stock registered on the books of the Cook Inlet
          Regional Corporation in the names of the residents of
          villages.

        (I) Any offer to purchase Settlement Common Stock made pursuant
      to this paragraph shall exclude from the offer - 
          (i) any share of Settlement Common Stock held, at the time
        the offer is made, by an officer (including a member of the
        board of directors) of Cook Inlet Regional Corporation or a
        member of the immediate family of the officer; and
          (ii) any share of Settlement Common Stock held by any
        custodian, guardian, trustee, or attorney representing a
        shareholder of Cook Inlet Regional Corporation in fact or law,
        or any other similar person, entity, or representative.

        (J)(i) The board of directors of Cook Inlet Regional
      Corporation, in determining the terms of an offer to purchase
      made under this paragraph, including the amount of any premium
      paid with respect to a non-village share, may rely upon the good
      faith opinion of a recognized firm of investment bankers or
      valuation experts.
        (ii) Neither Cook Inlet Regional Corporation nor a member of
      the board of directors or officers of Cook Inlet Regional
      Corporation shall be liable for damages resulting from terms made
      in an offer made in connection with any purchase of Settlement
      Common Stock if the offer was made - 
          (I) in good faith;
          (II) in reliance on a determination made pursuant to clause
        (i); and
          (III) otherwise in accordance with this paragraph.

        (K) The consideration given for the purchase of Settlement
      Common Stock made pursuant to an offer to purchase that provides
      for such consideration may be in the form of cash, securities, or
      a combination of cash and securities, as determined by the board
      of directors of Cook Inlet Regional Corporation, in a manner
      consistent with an amendment made pursuant to subparagraph (B).
        (L) Sale of Settlement Common Stock in accordance with this
      paragraph shall not diminish a shareholder's status as an Alaska
      Native or descendant of a Native for the purpose of qualifying
      for those programs, benefits and services or other rights or
      privileges set out for the benefit of Alaska Natives and Native
      Americans. Proceeds from the sale of Settlement Common Stock
      shall not be excluded in determining eligibility for any needs-
      based programs that may be provided by Federal, State or local
      agencies.
    (i) Certain natural resource revenues; distribution among twelve
      Regional Corporations; computation of amount; subsection
      inapplicable to thirteenth Regional Corporation; exclusion from
      revenues
      (1)(A) Except as provided by subparagraph (B), 70 percent of all
    revenues received by each Regional Corporation from the timber
    resources and subsurface estate patented to it pursuant to this
    chapter shall be divided annually by the Regional Corporation among
    all twelve Regional Corporations organized pursuant to this section
    according to the number of Natives enrolled in each region pursuant
    to section 1604 of this title. The provisions of this subsection
    shall not apply to the thirteenth Regional Corporation if organized
    pursuant to subsection (c) hereof.
      (B) In the case of the sale, disposition, or other use of common
    varieties of sand, gravel, stone, pumice, peat, clay, or cinder
    resources made during a fiscal year ending after October 31, 1998,
    the revenues received by a Regional Corporation shall not be
    subject to division under subparagraph (A). Nothing in this
    subparagraph is intended to or shall be construed to alter the
    ownership of such sand, gravel, stone, pumice, peat, clay, or
    cinder resources.
      (2) For purposes of this subsection, the term "revenues" does not
    include any benefit received or realized for the use of losses
    incurred or credits earned by a Regional Corporation.
    (j) Corporate funds and other net income, distribution among:
      stockholders of Regional Corporations; Village Corporations and
      nonresident stockholders; and stockholders of thirteenth Regional
      Corporation
      During the five years following December 18, 1971, not less than
    10% of all corporate funds received by each of the twelve Regional
    Corporations under section 1605 of this title (Alaska Native Fund),
    and under subsection (i) of this section (revenues from the timber
    resources and subsurface estate patented to it pursuant to this
    chapter), and all other net income, shall be distributed among the
    stockholders of the twelve Regional Corporations. Not less than 45%
    of funds from such sources during the first five-year period, and
    50% thereafter, shall be distributed among the Village Corporations
    in the region and the class of stockholders who are not residents
    of those villages, as provided in subsection (!2) to it. In the
    case of the thirteenth Regional Corporation, if organized, not less
    than 50% of all corporate funds received under section 1605 of this
    title shall be distributed to the stockholders.

    (k) Distributions among Village Corporations; computation of amount
      Funds distributed among the Village Corporations shall be divided
    among them according to the ratio that the number of shares of
    stock registered on the books of the Regional Corporation in the
    names of residents of each village bears to the number of shares of
    stock registered in the names of residents in all villages.
    (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
      Funds distributed to a Village Corporation may be withheld until
    the village has submitted a plan for the use of the money that is
    satisfactory to the Regional Corporation. The Regional Corporation
    may require a village plan to provide for joint ventures with other
    villages, and for joint financing of projects undertaken by the
    Regional Corporation that will benefit the region generally. In the
    event of disagreement over the provisions of the plan, the issues
    in disagreement shall be submitted to arbitration, as shall be
    provided for in the articles of incorporation of the 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
      When funds are distributed among Village Corporations in a
    region, an amount computed as follows shall be distributed as
    dividends to the class of stockholders who are not residents of
    those villages: The amount distributed as dividends shall bear the
    same ratio to the amount distributed among the Village Corporations
    that the number of shares of stock registered on the books of the
    Regional Corporation in the names of nonresidents of villages bears
    to the number of shares of stock registered in the names of village
    residents: Provided, That an equitable portion of the amount
    distributed as dividends may be withheld and combined with Village
    Corporation funds to finance projects that will benefit the region
    generally.
    (n) Projects for Village Corporations
      The Regional Corporation may undertake on behalf of one or more
    of the Village Corporations in the region any project authorized
    and financed by them.
    (o) Annual audit; place; availability of papers, things, or
      property to auditors to facilitate audits; verification of
      transactions; report to stockholders
      The accounts of the Regional Corporation shall be audited
    annually in accordance with generally accepted auditing standards
    by independent certified public accountants or independent licensed
    public accountants, certified or licensed by a regulatory authority
    of the State or the United States. The audits shall be conducted at
    the place or places where the accounts of the Regional Corporation
    are normally kept. All books, accounts, financial records, reports,
    files, and other papers, things, or property belonging to or in use
    by the Regional Corporation and necessary to facilitate the audits
    shall be available to the person or persons conducting the audits;
    and full facilities for verifying transactions with the balances or
    securities held by depositories, fiscal agent, and custodians shall
    be afforded to such person or persons. Each audit report or a fair
    and reasonably detailed summary thereof shall be transmitted to
    each stockholder.
    (p) Federal-State conflict of laws
      In the event of any conflict between the provisions of this
    section and the laws of the State of Alaska, the provisions of this
    section shall prevail.
    (q) Business management group; investment services contracts
      Two or more Regional Corporations may contract with the same
    business management group for investment services and advice
    regarding the investment of corporate funds.
    (r) Benefits for shareholders or immediate families
      The authority of a Native Corporation to provide benefits to its
    shareholders who are Natives or descendants of Natives or to its
    shareholders' immediate family members who are Natives or
    descendants of Natives to promote the health, education, or welfare
    of such shareholders or family members is expressly authorized and
    confirmed. Eligibility for such benefits need not be based on share
    ownership in the Native Corporation and such benefits may be
    provided on a basis other than pro rata based on share ownership.

-SOURCE-
    (Pub. L. 92-203, Sec. 7, Dec. 18, 1971, 85 Stat. 691; Pub. L. 96-
    487, title XIV, Sec. 1401(a), (c), Dec. 2, 1980, 94 Stat. 2491,
    2492; Pub. L. 100-241, Secs. 4, 5, 12(a), Feb. 3, 1988, 101 Stat.
    1790, 1792, 1810; Pub. L. 102-415, Secs. 4, 8, Oct. 14, 1992, 106
    Stat. 2113, 2114; Pub. L. 104-10, Sec. 1(a), May 18, 1995, 109
    Stat. 155; Pub. L. 104-42, title I, Sec. 109(a), Nov. 2, 1995, 109
    Stat. 357; Pub. L. 105-333, Secs. 8, 12, Oct. 31, 1998, 112 Stat.
    3134, 3135; Pub. L. 106-194, Sec. 2, May 2, 2000, 114 Stat. 242.)

-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (h)(1)(C)(iii). Pub. L. 106-194 inserted before
    period at end ", notwithstanding an adoption, relinquishment, or
    termination of parental rights that may have altered or severed the
    legal relationship between the gift donor and recipient".
      1998 - Subsec. (i)(1). Pub. L. 105-333, Sec. 8(1), substituted
    "(A) Except as provided by subparagraph (B), 70 percent" for
    "Seventy per centum".
      Pub. L. 105-333, Sec. 8(2), which directed the addition of
    subpar. (B) at the end of subsec. (i), was executed by adding
    subpar. (B) at the end of par. (1) of subsec. (i) to reflect the
    probable intent of Congress.
      Subsec. (r). Pub. L. 105-333, Sec. 12, added subsec. (r).
      1995 - Subsec. (h)(4). Pub. L. 104-10 added par. (4).
      Subsec. (i). Pub. L. 104-42 designated existing provisions as
    par. (1) and added par. (2).
      1992 - Subsec. (g)(1)(B)(i)(I). Pub. L. 102-415, Sec. 8, inserted
    at end "and, at the further option of the Corporation, descendants
    of Natives born after December 18, 1971,".
      Subsec. (h)(1)(C)(iii). Pub. L. 102-415, Sec. 4, substituted
    "nephew, or (if the holder has reached the age of majority as
    defined by the laws of the State of Alaska) brother or sister" for
    "or nephew".
      1988 - Subsec. (g). Pub. L. 100-241, Sec. 4, amended subsec. (g)
    generally. Prior to amendment, subsec. (g) read as follows: "The
    Regional Corporation shall be authorized to issue such number of
    shares of common stock, divided into such classes of shares as may
    be specified in the articles of incorporation to reflect the
    provisions of this chapter, as may be needed to issue one hundred
    shares of stock to each Native enrolled in the region pursuant to
    section 1604 of this title."
      Subsec. (h)(1), (2). Pub. L. 100-241, Sec. 5, amended pars. (1)
    and (2) generally, changing structure of each from a single
    unlettered paragraph to one consisting of subpars. (A) to (C).
      Subsec. (h)(3). Pub. L. 100-241, Sec. 5, amended par. (3)
    generally, revising and restating as subpars. (A) to (E) provisions
    of former subpars. (A) to (C).
      Subsec. (o). Pub. L. 100-241, Sec. 12(a), struck out ", to the
    Secretary of the Interior and to the Committees on Interior and
    Insular Affairs of the Senate and the House of Representatives"
    after "to each stockholder" in last sentence.
      1980 - Subsec. (h)(1). Pub. L. 96-487, Sec. 1401(c), inserted "or
    by stockholder who is a member of a professional organization,
    association, or board which limits the ability of that stockholder
    to practice his profession because of holding stock issued under
    this chapter" after "divorce or child support". Section 1401(c) of
    Pub. L. 96-487 directed that section 1696(h)(1) of this title be
    amended, however, since no section 1696 of this title has been
    enacted, amendment was executed to subsec. (h)(1) of this section
    to reflect the probable intent of Congress.
      Subsec. (h)(3). Pub. L. 96-487, Sec. 1401(a), substituted
    provisions that provided on Dec. 18, 1991, all stock previously
    issued be deemed canceled, and shares of stock of the appropriate
    class be issued to each shareholder share for share subject only to
    such restrictions as provided by the articles of incorporation, or
    agreement between the corporation and individual, specified
    restrictions which may be included by amendment in the articles of
    incorporation, and provided voting requirements for amendment of
    the articles of incorporation for approval of restrictions and the
    grant of voting rights to stockholders who were previously denied
    such rights for provision that provided on Jan. 1 of the twenty-
    first year after the year in which this chapter was enacted, all
    stock previously issued be deemed canceled and the shares of stock
    of the appropriate class issued without restrictions required by
    this chapter to each stockholder share for share.

                     EFFECTIVE DATE OF 1995 AMENDMENT                 
      Section 109(b) of Pub. L. 104-42 provided that: "This amendment
    [amending this section] shall be effective as of the date of
    enactment of the Alaska Native Claims Settlement Act, Public Law 92-
    203 (43 U.S.C. 1601, et seq.) [Dec. 18, 1971]."

-FOOTNOTE-
    (!1) So in original. Probably should be "paragraph".

    (!2) So in original.

-End-

-CITE-
    43 USC Sec. 1607                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1607. Village Corporations

-STATUTE-
    (a) Organization of Corporation prerequisite to receipt of patent
      to lands or benefits under chapter
      The Native residents of each Native village entitled to receive
    lands and benefits under this chapter shall organize as a business
    for profit or nonprofit corporation under the laws of the State
    before the Native village may receive patent to lands or benefits
    under this chapter, except as otherwise provided.
    (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
      The initial articles of incorporation for each Village
    Corporation shall be subject to the approval of the Regional
    Corporation for the region in which the village is located.
    Amendments to the articles of incorporation and the annual budgets
    of the Village Corporations shall, for a period of five years, be
    subject to review and approval by the Regional Corporation. The
    Regional Corporation shall assist and advise Native villages in the
    preparation of articles of incorporation and other documents
    necessary to meet the requirements of this subsection.
    (c) Applicability of section 1606
      The provisions of subsections (g), (h) (other than paragraph
    (4)), and (o) of section 1606 of this title shall apply in all
    respects to Village Corporations, Urban Corporations, and Group
    Corporations.

-SOURCE-
    (Pub. L. 92-203, Sec. 8, Dec. 18, 1971, 85 Stat. 694; Pub. L. 96-
    487, title XIV, Sec. 1401(b), Dec. 2, 1980, 94 Stat. 2492; Pub. L.
    100-241, Sec. 6, Feb. 3, 1988, 101 Stat. 1795; Pub. L. 104-10, Sec.
    1(b), May 18, 1995, 109 Stat. 157.)

-MISC1-
                                AMENDMENTS                            
      1995 - Subsec. (c). Pub. L. 104-10 substituted "(h) (other than
    paragraph (4))" for "(h)".
      1988 - Subsec. (c). Pub. L. 100-241 amended subsec. (c)
    generally. Prior to amendment, subsec. (c) read as follows: "The
    provisions concerning stock alienation, annual audit, and transfer
    of stock ownership on death or by court decree provided for
    regional corporations in section 1606 of this title, including the
    provisions of section 1606(h)(3) of this title shall apply to
    Village Corporations Urban Corporations and Native Groups; except
    that audits need not be transmitted to the Committee on Interior
    and Insular Affairs of the House of Representatives or to the
    Committee on Energy and Natural Resources of the Senate."
      1980 - Subsec. (c). Pub. L. 96-487 inserted provision making
    provisions of section 1606 of this title, including section
    1606(h)(3) of this title, applicable to Village Corporations, Urban
    Corporations, and Native Groups and substituted provision that
    audits need not be transmitted to the Committee on Interior and
    Insular Affairs of the House of Representatives or the Committee on
    Energy and Natural Resources of the Senate for provision that
    audits need not be transmitted to the Committees on Interior and
    Insular Affairs of the Senate and the House of Representatives.

-End-

-CITE-
    43 USC Sec. 1608                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1608. Revenue sharing

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 92-203, Sec. 9, Dec. 18, 1971, 85 Stat. 694; Pub. L. 93-
    153, title IV, Sec. 407(b), Nov. 16, 1973, 87 Stat. 591.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Mineral Leasing Act of 1920, referred to in subsec. (a), is
    act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as the
    Mineral Leasing Act, which is classified generally to chapter 3A
    (Sec. 181 et seq.) of Title 30, Mineral Lands and Mining. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 181 of Title 30 and Tables.
      The Alaska Statehood Act, referred to in subsecs. (b), (c), and
    (d), is Pub. L. 85-508, July 7, 1958, 72 Stat. 339, as amended,
    which is set out as a note preceding section 21 of Title 48. For
    complete classification of this Act to the Code, see Tables.
      Section 407 of the Trans-Alaska Pipeline Authorization Act,
    referred to in subsec. (g), probably means section 407(a) of Pub.
    L. 93-153, which is set out as a note below.

-MISC1-
                                AMENDMENTS                            
      1973 - Subsec. (g). Pub. L. 93-153 inserted provisions covering
    advance payments into the Alaska Native Fund pursuant to section
    407 of the Trans-Alaska Pipeline Authorization Act and the
    reimbursement of the United States Treasury for payments made.

    ADVANCE PAYMENTS TO ALASKA NATIVES UNTIL COMMENCEMENT OF DELIVERIES
                   OF NORTH SLOPE CRUDE OIL TO PIPELINE
      Section 407(a) of Pub. L. 93-153 authorized $5,000,000 to be paid
    from the United States Treasury to the Alaska Native Fund every six
    months of each fiscal year beginning with the fiscal year ending
    June 30, 1976, as advance payments chargeable against revenues paid
    under this section until delivery of North Slope crude oil to a
    pipeline commenced.

-End-

-CITE-
    43 USC Sec. 1609                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1609. Limitation of actions

-STATUTE-
    (a) Complaint, time for filing; jurisdiction; commencement by State
      official; certainty and finality of vested rights, titles, and
      interests
      Notwithstanding any other provision of law, any civil action to
    contest the authority of the United States to legislate on the
    subject matter or the legality of this chapter shall be barred
    unless the complaint is filed within one year of December 18, 1971,
    and no such action shall be entertained unless it is commenced by a
    duly authorized official of the State. Exclusive jurisdiction over
    such action is hereby vested in the United States District Court
    for the District of Alaska. The purpose of this limitation on suits
    is to insure that, after the expiration of a reasonable period of
    time, the right, title, and interest of the United States, the
    Natives, and the State of Alaska will vest with certainty and
    finality and may be relied upon by all other persons in their
    relations with the State, the Natives, and the United States.
    (b) Land selection; suspension and extension of rights
      In the event that the State initiates litigation or voluntarily
    becomes a party to litigation to contest the authority of the
    United States to legislate on the subject matter or the legality of
    this chapter, all rights of land selection granted to the State by
    the Alaska Statehood Act shall be suspended as to any public lands
    which are determined by the Secretary to be potentially valuable
    for mineral development, timber, or other commercial purposes, and
    no selections shall be made, no tentative approvals shall be
    granted, and no patents shall be issued for such lands during the
    pendency of such litigation. In the event of such suspension, the
    State's right of land selection pursuant to section 6 of the Alaska
    Statehood Act shall be extended for a period of time equal to the
    period of time the selection right was suspended.

-SOURCE-
    (Pub. L. 92-203, Sec. 10, Dec. 18, 1971, 85 Stat. 696.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Alaska Statehood Act and section 6 of the Alaska Statehood
    Act, referred to in subsec. (b), are Pub. L. 85-508, July 7, 1958,
    72 Stat. 339, and section 6 thereof, as amended, and are set out as
    a note preceding section 21 of Title 48, Territories and Insular
    Possessions. For complete classification of this Act to the Code,
    see Tables.

-End-

-CITE-
    43 USC Sec. 1610                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1610. Withdrawal of public lands

-STATUTE-
    (a) Description of withdrawn public lands; exceptions; National
      Wildlife Refuge lands exception; time of withdrawal
      (1) The following public lands are withdrawn, subject to valid
    existing rights, from all forms of appropriation under the public
    land laws, including the mining and mineral leasing laws, and from
    selection under the Alaska Statehood Act, as amended:
        (A) The lands in each township that encloses all or part of any
      Native village identified pursuant to subsection (b) of this
      section;
        (B) The lands in each township that is contiguous to or corners
      on the township that encloses all or part of such Native village;
      and
        (C) The lands in each township that is contiguous to or corners
      on a township containing lands withdrawn by paragraph (B) of this
      subsection.

    The following lands are excepted from such withdrawal: lands in the
    National Park System and lands withdrawn or reserved for national
    defense purposes other than Naval Petroleum Reserve Numbered 4.
      (2) All lands located within the townships described in
    subsection (a)(1) hereof that have been selected by, or tentatively
    approved to, but not yet patented to, the State under the Alaska
    Statehood Act are withdrawn, subject to valid existing rights, from
    all forms of appropriation under the public land laws, including
    the mining and mineral leasing laws, and from the creation of third
    party interests by the State under the Alaska Statehood Act.
      (3)(A) If the Secretary determines that the lands withdrawn by
    subsections (a)(1) and (2) hereof are insufficient to permit a
    Village or Regional Corporation to select the acreage it is
    entitled to select, the Secretary shall withdraw three times the
    deficiency from the nearest unreserved, vacant and unappropriated
    public lands. In making this withdrawal the Secretary shall,
    insofar as possible, withdraw public lands of a character similar
    to those on which the village is located and in order of their
    proximity to the center of the Native village: Provided, That if
    the Secretary, pursuant to section 1616, and 1621(e) of this title
    determines there is a need to expand the boundaries of a National
    Wildlife Refuge to replace any acreage selected in the Wildlife
    Refuge System by the Village Corporation the withdrawal under this
    section shall not include lands in the Refuge.
      (B) The Secretary shall make the withdrawal provided for in
    subsection (3)(A) hereof on the basis of the best available
    information within sixty days of December 18, 1971, or as soon
    thereafter as practicable.
    (b) List of Native villages subject to chapter; review; eligibility
      for benefits; expiration of withdrawals for villages; alternative
      eligibility; eligibility of unlisted villages
      (1) The Native villages subject to this chapter are as follows:

                         NAME OF PLACE AND REGION                     
        Afognak, Afognak Island.
        Akhiok, Kodiak.
        Akiachak, Southwest Coastal Lowland.
        Akiak, Southwest Coastal Lowland.
        Akutan, Aleutian.
        Alakanuk, Southwest Coastal Lowland.
        Alatna, Koyukuk-Lower Yukon.
        Aleknagik, Bristol Bay.
        Allakaket, Koyukuk-Lower Yukon.
        Ambler, Bering Strait.
        Anaktuvuk, Pass, Arctic Slope.
        Andreafsey, Southwest Coastal Lowland.
        Aniak, Southwest Coastal Lowland.
        Anvik, Koyukuk-Lower Yukon.
        Arctic Village, Upper Yukon-Porcupine.
        Atka, Aleutian.
        Atkassok, Arctic Slope.
        Atmautlauk, Southwest Coastal Lowland.
        Barrow, Arctic Slope.
        Beaver, Upper Yukon-Porcupine.
        Belkofsky, Aleutian.
        Bethel, Southwest Coastal Lowland.
        Bill Moore's, Southwest Coastal Lowland.
        Biorka, Aleutian.
        Birch Creek, Upper Yukon-Porcupine.
        Brevig Mission, Bering Strait.
        Buckland, Bering Strait.
        Candle, Bering Strait.
        Cantwell, Tanana.
        Canyon Village, Upper Yukon-Porcupine.
        Chalkyitsik, Upper Yukon-Porcupine.
        Chanilut, Southwest Coastal Lowland.
        Cherfornak, Southwest Coastal Lowland.
        Chevak, Southwest Coastal Lowland.
        Chignik, Kodiak.
        Chignik Lagoon, Kodiak.
        Chignik Lake, Kodiak.
        Chistochina, Copper River.
        Chitina, Copper River.
        Chukwuktoligamute, Southwest Coastal Lowland.
        Circle, Upper Yukon-Porcupine.
        Clark's Point, Bristol Bay.
        Copper Center, Copper River.
        Crooked Creek, Upper Kuskokwim.
        Deering, Bering Strait.
        Dillingham, Bristol Bay.
        Dot Lake, Tanana.
        Eagle, Upper Yukon-Porcupine.
        Eek, Southwest Coastal Lowland.
        Egegik, Bristol Bay.
        Eklutna, Cook Inlet.
        Ekuk, Bristol Bay.
        Ekwok, Bristol Bay.
        Elim, Bering Strait.
        Emmonak, Southwest Coastal Lowland.
        English Bay, Cook Inlet.
        False Pass, Aleutian.
        Fort Yukon, Upper Yukon-Porcupine.
        Gakona, Copper River.
        Galena, Koyukuk-Lower Yukon.
        Gambell, Bering Sea.
        Georgetown, Upper Kuskokwim.
        Golovin, Bering Strait.
        Goodnews Bay, Southwest Coastal Lowland.
        Grayling, Koyukuk-Lower Yukon.
        Gulkana, Copper River.
        Hamilton, Southwest Coastal Lowland.
        Holy Cross, Koyukuk-Lower Yukon.
        Hooper Bay, Southwest Coastal Lowland.
        Hughes, Koyukuk-Lower Yukon.
        Huslia, Koyukuk-Lower Yukon.
        Igiugig, Bristol Bay.
        Iliamna, Cook Inlet.
        Inalik, Bering Strait.
        Ivanof Bay, Aleutian.
        Kaguyak, Kodiak.
        Katovik, Arctic Slope.
        Kalskag, Southwest Coastal Lowland.
        Kaltag, Koyukuk-Lower Yukon.
        Karluk, Kodiak.
        Kasigluk, Southwest Coastal Lowland.
        Kiana, Bering Strait.
        King Cove, Aleutian.
        Kipnuk, Southeast Coastal Lowland.
        Kivalina, Bering Strait.
        Kobuk, Bering Strait.
        Kokhanok, Bristol Bay.
        Koliganek, Bristol Bay.
        Kongiganak, Southwest Coastal Lowland.
        Kotlik, Southwest Coastal Lowland.
        Kotzebue, Bering Strait.
        Koyuk, Bering Strait.
        Koyukuk, Koyukuk-Lower Yukon.
        Kwethluk, Southwest Coastal Lowland.
        Kwigillingok, Southwest Coastal Lowland.
        Larsen Bay, Kodiak.
        Levelock, Bristol Bay.
        Lime Village, Upper Kuskokwim.
        Lower Kalskag, Southwest Coastal Lowland.
        McGrath, Upper Kuskokwim.
        Makok, Koyukuk-Lower Yukon.
        Manley Hot Springs, Tanana.
        Manokotak, Bristol Bay.
        Marshall, Southwest Coastal Lowland.
        Mary's Igloo, Bering Strait.
        Medfra, Upper Kuskokwim.
        Mekoryuk, Southwest Coastal Lowland.
        Mentasta Lake, Copper River.
        Minchumina Lake, Upper Kuskokwim.
        Minto, Tanana.
        Mountain Village, Southwest Coastal Lowland.
        Nabesna Village, Tranana.
        Naknek, Bristol Bay.
        Napaimute, Upper Kuskokwim.
        Napakiak, Southwest Coastal Lowland.
        Napaskiak, Southwest Coastal Lowland.
        Nelson Lagoon, Aleutian.
        Nenana, Tanana.
        Newhalen, Cook Inlet.
        New Stuyahok, Bristol Bay.
        Newtok, Southwest Coastal Lowland.
        Nightmute, Southwest Coastal Lowland.
        Nikolai, Upper Kuskokwim.
        Nikolski, Aleutian.
        Ninilchik, Cook Inlet.
        Noatak, Bering Strait.
        Nome, Bering Strait.
        Nondalton, Cook Inlet.
        Nooiksut, Arctic Slope.
        Noorvik, Bering Strait.
        Northeast Cape, Bering Sea.
        Northway, Tanana.
        Nulato, Koyukuk-Lower Yukon.
        Nunapitchuk, Southwest Coastal Lowland.
        Ohogamiut, Southwest Coastal Lowland.
        Old Harbor, Kodiak.
        Oscarville, Southwest Coastal Lowland.
        Ouzinkie, Kodiak.
        Paradise, Koyukuk-Lower Yukon.
        Pauloff Harbor, Aleutian.
        Pedro Bay, Cook Inlet.
        Perryville, Kodiak.
        Pilot Point, Bristol Bay.
        Pilot Station, Southwest Coastal Lowland.
        Pitkas Point, Southwest Coastal Lowland.
        Platinum, Southwest Coastal Lowland.
        Point Hope, Arctic Slope.
        Point Lay, Arctic Slope.
        Portage Creek (Ohgsenakale), Bristol Bay.
        Port Graham, Cook Inlet.
        Port Heiden (Meshick), Aleutian.
        Port Lions, Kodiak.
        Quinhagak, Southwest Coastal Lowland.
        Rampart, Upper Yukon-Porcupine.
        Red Devil, Upper Kuskokwim.
        Ruby, Koyukuk-Lower Yukon.
        Russian Mission or Chauthalue (Kuskokwim), Upper Kuskokwim.
        Russian Mission (Yukon), Southwest Coastal Lowland.
        St. George, Aleutian.
        St. Mary's, Southwest Coastal Lowland.
        St. Michael, Bering Strait.
        St. Paul, Aleutian.
        Salamatof, Cook Inlet.
        Sand Point, Aleutian.
        Savonoski, Bristol Bay.
        Savoonga, Bering Sea.
        Scammon Bay, Southwest Coastal Lowland.
        Selawik, Bering Strait.
        Seldovia, Cook Inlet.
        Shageluk, Koyukuk-Lower Yukon.
        Shaktoolik, Bering Strait.
        Sheldon's Point, Southwest Coastal Lowland.
        Shishmaref, Bering Strait.
        Shungnak, Bering Strait.
        Slana, Copper River.
        Sleetmute, Upper Kuskokwim.
        South Naknek, Bristol Bay.
        Squaw Harbor, Aleutian.
        Stebbins, Bering Strait.
        Stevens Village, Upper Yukon-Porcupine.
        Stony River, Upper Kuskokwim.
        Takotna, Upper Kuskokwim.
        Tanacross, Tanana.
        Tanana, Koyukuk-Lower Yukon.
        Tatilek, Chugach.
        Tazlina, Copper River.
        Telida, Upper Kuskokwim.
        Teller, Bering Strait.
        Tetlin, Tanana.
        Togiak, Bristol Bay.
        Toksook Bay, Southwest Coastal Lowland.
        Tulusak, Southwest Coastal Lowland.
        Tuntutuliak, Southwest Coastal Lowland.
        Tununak, Southwest Coastal Lowland.
        Twin Hills, Bristol Bay.
        Tyonek, Cook Inlet.
        Ugashik, Bristol Bay.
        Unalakleet, Bering Strait.
        Unalaska, Aleutian.
        Unga, Aleutian.
        Uyak, Kodiak.
        Venetie, Upper Yukon-Porcupine.
        Wainwright, Arctic Slope.
        Wales, Bering Strait.
        White Mountain, Bering Strait.

      (2) Within two and one-half years from December 18, 1971, the
    Secretary shall review all of the villages listed in subsection
    (b)(1) hereof, and a village shall not be eligible for land
    benefits under section 1613(a) and (b) of this title, and any
    withdrawal for such village shall expire, if the Secretary
    determines that - 
        (A) less than twenty-five Natives were residents of the village
      on the 1970 census enumeration date as shown by the census or
      other evidence satisfactory to the Secretary, who shall make
      findings of fact in each instance; or
        (B) the village is of a modern and urban character, and the
      majority of the residents are non-Native.

    Any Native group made ineligible by this subsection shall be
    considered under section 1613(h) of this title.
      (3) Native villages not listed in subsection (b)(1) hereof shall
    be eligible for land and benefits under this chapter and lands
    shall be withdrawn pursuant to this section if the Secretary within
    two and one-half years from December 18, 1971, determines that - 
        (A) twenty-five or more Natives were residents of an
      established village on the 1970 census enumeration date as shown
      by the census or other evidence satisfactory to the Secretary,
      who shall make findings of fact in each instance; and
        (B) the village is not of a modern and urban character, and a
      majority of the residents are Natives.

-SOURCE-
    (Pub. L. 92-203, Sec. 11, Dec. 18, 1971, 85 Stat. 696.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The public land laws, referred to in subsec. (a)(1), are
    classified generally to this title.
      The mining laws and the mineral leasing laws, referred to in
    subsec. (a)(1), are classified generally to Title 30, Mineral Lands
    and Mining.
      The Alaska Statehood Act, as amended, referred to in subsec.
    (a)(1), (2), is Pub. L. 85-508, July 7, 1958, 72 Stat. 339, as
    amended, which is set out as a note preceding section 21 of Title
    48, Territories and Insular Possessions. For complete
    classification of this Act to the Code, see Tables.

-End-

-CITE-
    43 USC Sec. 1611                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1611. Native land selections

-STATUTE-
    (a) Acreage limitation; proximity of selections and size of
      sections and units; waiver
      (1) During a period of three years from December 18, 1971, the
    Village Corporation for each Native village identified pursuant to
    section 1610 of this title shall select, in accordance with rules
    established by the Secretary, all of the township or townships in
    which any part of the village is located, plus an area that will
    make the total selection equal to the acreage to which the village
    is entitled under section 1613 of this title. The selection shall
    be made from lands withdrawn by section 1610(a) of this title:
    Provided, That no Village Corporation may select more than 69,120
    acres from lands withdrawn by section 1610(a)(2) of this title, and
    not more than 69,120 acres from the National Wildlife Refuge
    System, and not more than 69,120 acres in a National Forest:
    Provided further, That when a Village Corporation selects the
    surface estate to lands within the National Wildlife Refuge System
    or Naval Petroleum Reserve Numbered 4, the Regional Corporation,
    for that region may select the subsurface estate in an equal
    acreage from other lands withdrawn in section 1610(a) of this title
    within the region, if possible.
      (2) Selections made under this subsection (a) of this section
    shall be contiguous and in reasonably compact tracts, except as
    separated by bodies of water or by lands which are unavailable for
    selection, and shall be in whole sections and, wherever feasible,
    in units of not less than 1,280 acres: Provided, That the Secretary
    in his discretion and upon the request of the concerned Village
    Corporation, may waive the whole section requirement where - 
        (A)(i) a portion of available public lands of a section is
      separated from other available public lands in the same section
      by lands unavailable for selection or by a meanderable body of
      water;
        (ii) such waiver will not result in small isolated parcels of
      available public land remaining after conveyance of selected
      lands to Native Corporations; and
        (iii) such waiver would result in a better land ownership
      pattern or improved land or resource management opportunity; or
        (B) the remaining available public lands in the section have
      been selected and will be conveyed to another Native Corporation
      under this chapter.
    (b) Allocation; reallocation considerations
      The difference between twenty-two million acres and the total
    acreage selected by Village Corporations pursuant to subsection (a)
    of this section shall be allocated by the Secretary among the
    eleven Regional Corporations (which excludes the Regional
    Corporation for southeastern Alaska) on the basis of the number of
    Natives enrolled in each region. Each Regional Corporation shall,
    not later than October 1, 2005, reallocate such acreage among the
    Native villages within the region on an equitable basis after
    considering historic use, subsistence needs, and population. The
    action of the Secretary or the Corporation shall not be subject to
    judicial review. Each Village Corporation shall select the acreage
    allocated to it from the lands withdrawn by section 1610(a) of this
    title.
    (c) Computation
      The difference between thirty-eight million acres and the 22
    million acres selected by Village Corporations pursuant to
    subsections (a) and (b) of this section shall be allocated among
    the eleven Regional Corporations (which excludes the Regional
    Corporation for southeastern Alaska) as follows:
      (1) The number of acres each Regional Corporation is entitled to
    receive shall be computed (A) by determining on the basis of
    available data the percentages of all land in Alaska (excluding the
    southeastern region) that is within each of the eleven regions, (B)
    by applying that percentage to thirty-eight million acres reduced
    by the acreage in the southeastern region that is to be selected
    pursuant to section 1615 of this title, and (C) by deducting from
    the figure so computed the number of acres within that region
    selected pursuant to subsections (a) and (b) of this section.
      (2) In the event that the total number of acres selected within a
    region pursuant to subsections (a) and (b) of the section exceeds
    the percentage of the reduced thirty-eight million acres allotted
    to that region pursuant to subsection (c)(1)(B) of this section,
    that region shall not be entitled to receive any lands under this
    subsection (c). For each region so affected the difference between
    the acreage calculated pursuant to subsection (c)(1)(B) of this
    section and the acreage selected pursuant to subsections (a) and
    (b) of this section shall be deducted from the acreage calculated
    under subsection (c)(1)(C) of this section for the remaining
    regions which will select lands under this subsection (c). The
    reductions shall be apportioned among the remaining regions so that
    each region's share of the total reduction bears the same
    proportion to the total reduction as the total land area in that
    region (as calculated pursuant to subsection (c)(1)(A) of this
    section (!1) bears to the total land area in all of the regions
    whose allotments are to be reduced pursuant to this paragraph.

      (3) Before the end of the fourth year after December 18, 1971,
    each Regional Corporation shall select the acreage allocated to it
    from the lands within the region withdrawn pursuant to section
    1610(a)(1) of this title, and from the lands within the region
    withdrawn pursuant to section 1610(a)(3) of this title to the
    extent lands withdrawn pursuant to section 1610(a)(1) of this title
    are not sufficient to satisfy its allocation: Provided, That within
    the lands withdrawn by section 1610(a)(1) of this title the
    Regional Corporation may select only even numbered townships in
    even numbered ranges, and only odd numbered townships in odd
    numbered ranges.
      (4) Where the public lands consist only of the mineral estate, or
    portion thereof, which is reserved by the United States upon patent
    of the balance of the estate under one of the public land laws,
    other than this chapter, the Regional Corporations may select as
    follows:
        (A) Where such public lands were not withdrawn pursuant to
      section 1610(a)(3) of this title, but are surrounded by or
      contiguous to lands withdrawn pursuant to section 1610(a)(3) of
      this title, and filed upon for selection by a Regional
      Corporation, the Corporation may, upon request, have such public
      land included in its selection and considered by the Secretary to
      be withdrawn and properly selected.
        (B) Where such public lands were withdrawn pursuant to section
      1610(a)(1) of this title and are required to be selected by
      paragraph (3) of this subsection, the Regional Corporation may,
      at its option, exclude such public lands from its selection.
        (C) Where such public lands are surrounded by or contiguous to
      subsurface lands obtained by a Regional Corporation under
      subsections (!2) (a) or (b) of this section, the Corporation may,
      upon request, have such public land conveyed to it.

        (D)(i) A Regional Corporation which elects to obtain public
      lands under subparagraph (C) shall be limited to a total of not
      more than 12,000 acres. Selection by a Regional Corporation of in
      lieu surface acres under subparagraph (E) pursuant to an election
      under subparagraph (C) shall not be made from any lands within a
      conservation system unit (as that term is defined by section
      3102(4) of title 16).
        (ii) An election to obtain the public lands described in
      subparagraph (A), (B), or (C) shall include all available parcels
      within the township in which the public lands are located.
        (iii) For purposes of this subparagraph and subparagraph (C),
      the term "Regional Corporation" shall refer only to Doyon,
      Limited.
        (E) Where the Regional Corporation elects to obtain such public
      lands under subparagraph (A), (B), or (C) of this paragraph, it
      may select, within ninety days of receipt of notice from the
      Secretary, the surface estate in an equal acreage from other
      public lands withdrawn by the Secretary for that purpose. Such
      selections shall be in units no smaller than a whole section,
      except where the remaining entitlement is less than six hundred
      and forty acres, or where an entire section is not available.
      Where possible, selections shall be of lands from which the
      subsurface estate was selected by that Regional Corporation
      pursuant to subsection (a)(1) of this section or section
      1613(h)(9) of this title, and, where possible, all selections
      made under this section shall be contiguous to lands already
      selected by the Regional Corporation or a Village Corporation.
      The Secretary is authorized, as necessary, to withdraw up to two
      times the acreage entitlement of the in lieu surface estate from
      vacant, unappropriated, and unreserved public lands from which
      the Regional Corporation may select such in lieu surface estate
      except that the Secretary may withdraw public lands which had
      been previously withdrawn pursuant to subsection 1616(d)(1) of
      this title.
        (F) No mineral estate or in lieu surface estate shall be
      available for selection within the National Petroleum Reserve -
      Alaska or within Wildlife Refuges as the boundaries of those
      refuges exist on December 18, 1971.

      (5) Subparagraphs (A), (B), and (C) of paragraph (4) shall apply,
    notwithstanding the failure of the Regional Corporation to have
    appealed the rejection of a selection during the conveyance of the
    relevant surface estate.
    (d) Village Corporation for Native village at Dutch Harbor; lands
      and improvements and patent for Village Corporation
      To insure that the Village Corporation for the Native village at
    Dutch Harbor, if found eligible for land grants under this chapter,
    has a full opportunity to select lands within and near the village,
    no federally owned lands, whether improved or not, shall be
    disposed of pursuant to the Federal surplus property disposal laws
    for a period of two years from December 18, 1971. The Village
    Corporation may select such lands and improvements and receive
    patent to them pursuant to section 1613(a) of this title.
    (e) Disputes over land selection rights and boundaries; arbitration
      Any dispute over the land selection rights and the boundaries of
    Village Corporations shall be resolved by a board of arbitrators
    consisting of one person selected by each of the Village
    Corporations involved, and an additional one or two persons,
    whichever is needed to make an odd number of arbitrators, such
    additional person or persons to be selected by the arbitrators
    selected by the Village Corporations.
    (f) Combining entitlements and reallocations
      (1) The entitlements received by any Village Corporation under
    subsection (a) of this section and the reallocations made to the
    Village Corporation under subsection (b) of this section may be
    combined, at the discretion of the Secretary, without - 
        (A) increasing or decreasing the combined entitlement; or
        (B) increasing the limitation on selections of Wildlife Refuge
      System land, National Forest System land, or State-selected land
      under subsection (a) of this section.

      (2) The combined entitlement under paragraph (1) may be fulfilled
    from selections under subsection (a) or (b) of this section without
    regard to the entitlement specified in the selection application.
      (3) All selections under a combined entitlement under paragraph
    (1) shall be adjudicated and conveyed in compliance with this
    chapter.
      (4) Except in a case in which a survey has been contracted for
    December 10, 2004, the combination of entitlements under paragraph
    (1) shall not require separate patents or surveys, to distinguish
    between conveyances made to a Village Corporation under subsections
    (a) and (b) of this section.

-SOURCE-
    (Pub. L. 92-203, Sec. 12, Dec. 18, 1971, 85 Stat. 701; Pub. L. 96-
    487, title XIV, Secs. 1402, 1403, Dec. 2, 1980, 94 Stat. 2492;
    Pub. L. 105-333, Sec. 3, Oct. 31, 1998, 112 Stat. 3130; Pub. L. 108-
    452, title II, Sec. 202, Dec. 10, 2004, 118 Stat. 3582.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The public land laws, referred to in subsec. (c)(4), are
    classified generally to this title.
      For Federal surplus property disposal laws, referred to in
    subsec. (d), see, generally, subtitle I of Title 40, Public
    Buildings, Property, and Works.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b). Pub. L. 108-452, Sec. 202(1), substituted
    "Regional Corporation shall, not later than October 1, 2005," for
    "Regional Corporation shall" in second sentence.
      Subsec. (f). Pub. L. 108-452, Sec. 202(2), added subsec. (f).
      1998 - Subsec. (c)(4)(C), (D). Pub. L. 105-333, Sec. 3(a)(1),
    added subpars. (C) and (D). Former subpars. (C) and (D)
    redesignated (E) and (F), respectively.
      Subsec. (c)(4)(E). Pub. L. 105-333, Sec. 3(a), redesignated
    subpar. (C) as (E) and substituted "(A), (B), or (C)" for "(A) or
    (B)".
      Subsec. (c)(4)(F). Pub. L. 105-333, Sec. 3(a)(1), redesignated
    subpar. (D) as (F).
      Subsec. (c)(5). Pub. L. 105-333, Sec. 3(b), added par. (5).
      1980 - Subsec. (a)(2). Pub. L. 96-487, Sec. 1402, inserted
    proviso specifying conditions under which Secretary in his
    discretion and upon request of concerned Village Corporation may
    waive the whole section requirement.
      Subsec. (c)(4). Pub. L. 96-487, Sec. 1403, added par. (4).

                               SEPARABILITY                           
      Pub. L. 95-178, Sec. 3(b), Nov. 15, 1977, 91 Stat. 1370, provided
    that: "If any provision of this Act [enacting section 1628 of this
    title, amending sections 1613 and 1615 of this title, and amending
    provisions set out as a note under this section] or the
    applicability thereof is held invalid, the validity of the
    remainder of this Act, of section 12 of the Act of January 2, 1976
    (Public Law 94-204), as amended [set out below], of the document
    referred to in section 12(b) thereof, and the duties and
    obligations of the Secretary of the Interior, the State of Alaska,
    and Cook Inlet Region, Incorporated, with respect thereto, shall
    not be affected thereby."

                   LAND AVAILABLE AFTER SELECTION PERIOD               
      Pub. L. 108-452, title II, Sec. 201, Dec. 10, 2004, 118 Stat.
    3582, provided that:
      "(a) In General. - To make certain Federal land available for
    conveyance to a Native Corporation that has sufficient remaining
    entitlement, the Secretary [of the Interior] may waive the filing
    deadlines under sections 12 and 16 of the Alaska Native Claims
    Settlement Act (43 U.S.C. 1611, 1615) if - 
        "(1) the Federal land is - 
          "(A) located in a township in which all or any part of a
        Native Village is located; or
          "(B) surrounded by - 
            "(i) land that is owned by the Native Corporation; or
            "(ii) selected land that will be conveyed to the Native
          Corporation;
        "(2) the Federal land - 
          "(A) became available after the end of the original selection
        period;
          "(B)(i) was not selected by the Native Corporation because
        the Federal land was subject to a competing claim or entry; and
          "(ii) the competing claim or entry has lapsed; or
          "(C) was previously an unavailable Federal enclave within a
        Native selection withdrawal area;
        "(3)(A) the Secretary provides the Native Corporation with a
      specific time period in which to decline the Federal land; and
        "(B) the Native Corporation does not submit to the Secretary
      written notice declining the land within the period established
      under subparagraph (A); and
        "(4) the State [of Alaska] has voluntarily relinquished any
      valid State selection or top-filing for the Federal land.
      "(b) Congressional Action. - Subsection (a) shall not apply to a
    parcel of Federal land if Congress has specifically made other
    provisions for disposition of the parcel of Federal land."

                    SETTLEMENT OF REMAINING ENTITLEMENT                
      Pub. L. 108-452, title II, Sec. 209, Dec. 10, 2004, 118 Stat.
    3586, provided that:
      "(a) In General. - The Secretary [of the Interior] may enter into
    a binding written agreement with a Native Corporation relating to -
    
        "(1) the land remaining to be conveyed to the Native
      Corporation under the Alaska Native Claims Settlement Act (43
      U.S.C. 1601 et seq.) from land selected as of September 1, 2004,
      or land made available under section 201 [set out above], 206
      [amending section 1613 of this title], or 208 [amending section
      1621 of this title] of this Act;
        "(2) the priority in which the land is to be conveyed;
        "(3) the relinquishment of selections which are not to be
      conveyed;
        "(4) the selection entitlement to which selections are to be
      charged, regardless of the entitlement under which originally
      selected;
        "(5) the survey of the exterior boundaries of the land to be
      conveyed;
        "(6) the additional survey to be performed under section 14(c)
      of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(c));
      and
        "(7) the resolution of conflicts with Native allotment [an
      allotment claimed under the Act of May 17, 1906 (34 Stat. 197,
      chapter 2469)] applications.
      "(b) Requirements. - An agreement under subsection (a) - 
        "(1) shall be authorized by a resolution of the Native
      Corporation entering into the agreement; and
        "(2) shall include a statement that the entitlement of the
      Native Corporation shall be considered complete on execution of
      the agreement.
      "(c) Correction of Conveyance Documents. - In an agreement under
    subsection (a), the Secretary and the Native Corporation may agree
    to make technical corrections to the legal description in the
    conveyance documents for easements previously reserved so that the
    easements provide the access intended by the original reservation.
      "(d) Consultation. - Before entering into an agreement under
    subsection (a), the Secretary shall ensure that the concerns or
    issues identified by the State [of Alaska] and all Federal agencies
    potentially affected by the agreement are given consideration.
      "(e) Errors. - Any Native Corporation entering into an agreement
    under subsection (a) shall receive any gain or bear any loss
    resulting from errors in prior surveys, protraction diagrams, or
    computation of the ownership of third parties on any land conveyed.
      "(f) Effect. - 
        "(1) In general. - An agreement under subsection (a) shall not -
       
          "(A) affect the obligations of Native Corporations under
        prior agreements; or
          "(B) result in a Native Corporation relinquishing valid
        selections of land in order to qualify for the withdrawal of
        other tracts of land.
        "(2) Effect on subsurface rights. - The terms of an agreement
      entered into under subsection (a) shall be binding on a Regional
      Corporation with respect to the location and quantity of
      subsurface rights of the Regional Corporation under section 14(f)
      of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(f)).
        "(3) Effect on entitlement. - Nothing in this section increases
      the entitlement provided to any Native Corporation under - 
          "(A) the Alaska Native Claims Settlement Act (43 U.S.C. 1601
        et seq.); or
          "(B) the Alaska National Interest Lands Conservation Act (16
        U.S.C. 3101 et seq.).
      "(g) Boundaries of a Native Village. - An agreement entered into
    under subsection (a) may not define the boundaries of a Native
    Village.
      "(h) Availability of Agreements. - An agreement entered into
    under subsection (a) shall be available for public inspection in
    the appropriate offices of the Department of the Interior."

               FINAL PRIORITIES; CONVEYANCE AND SURVEY PLANS           
      Pub. L. 108-452, title IV, Secs. 401-403, Dec. 10, 2004, 118
    Stat. 3591, provided that:

      "SEC. 401. DEADLINE FOR ESTABLISHMENT OF REGIONAL PLANS.
      "(a) In General. - Not later than 18 months after the date of
    enactment of this Act [Dec. 10, 2004], the Secretary [of the
    Interior], in coordination and consultation with Native
    Corporations, other Federal land management agencies, and the State
    [of Alaska], shall update and revise the 12 preliminary Regional
    Conveyance and Survey Plans.
      "(b) Inclusions. - The updated and revised plans under subsection
    (a) shall identify any conflicts to be resolved and recommend any
    actions that should be taken to facilitate the finalization of land
    conveyances in a region by 2009.

      "SEC. 402. DEADLINE FOR ESTABLISHMENT OF VILLAGE PLANS.
      "Not later than 30 months after the date of enactment of this Act
    [Dec. 10, 2004], the Secretary, in coordination with affected
    Federal land management agencies, the State, and Village
    Corporations, shall complete a final closure plan with respect to
    the entitlements for each Village Corporation under the Alaska
    Native Claims Settlement Act (43 U.S.C. 1601 et seq.).

      "SEC. 403. FINAL PRIORITIZATION OF ANCSA SELECTIONS.
      "(a) In General. - Any Native Corporation that has not received
    its full entitlement or entered into a voluntary, negotiated
    settlement of final entitlement shall submit the final, irrevocable
    priorities of the Native Corporation - 
        "(1) in the case of a Village, Group, or Urban Corporation
      entitlement, not later than 36 months after the date of enactment
      of this Act [Dec. 10, 2004]; and
        "(2) in the case of a Regional Corporation entitlement, not
      later than 42 months after the date of enactment of this Act.
      "(b) Acreage Limitations. - The priorities submitted under
    subsection (a) shall not exceed land that is the greater of - 
        "(1) not more than 125 percent of the remaining entitlement; or
        "(2) not more than 640 acres in excess of the remaining
      entitlement.
      "(c) Corrections. - 
        "(1) In general. - Except as provided in paragraph (2), the
      priorities submitted under subsection (a) may not be revoked,
      rescinded, or modified by the Native Corporation.
        "(2) Technical corrections. - Not later than 90 days after the
      date of receipt of a notification by the Secretary that there
      appears to be a technical error in the priorities, the Native
      Corporation may correct the technical error in accordance with
      any recommendations of, and in a manner prescribed by or
      acceptable to, the Secretary.
      "(d) Relinquishment. - 
        "(1) In general. - As of the date on which the Native
      Corporation submits its final priorities under subsection (a) - 
          "(A) any unprioritized, remaining selections of the Native
        Corporation - 
            "(i) are relinquished, but any part of the selections may
          be reinstated for the purpose of correcting a technical
          error; and
            "(ii) have no further segregative effect; and
          "(B) all withdrawals under sections 11 and 16 of the Alaska
        Native Claims Settlement Act (43 U.S.C. 1610, 1615) under the
        relinquished selections are terminated.
        "(2) Records. - All relinquishments under paragraph (1) shall
      be included in Bureau of Land Management land records.
      "(e) Failure To Submit Priorities. - If a Native Corporation
    fails to submit priorities by the deadline specified in subsection
    (a) - 
        "(1) with respect to a Native Corporation that has priorities
      on file with the Secretary, the Secretary - 
          "(A) shall convey to the Native Corporation the remaining
        entitlement of the Native Corporation, as determined based on
        the most recent priorities of the Native Corporation on file
        with the Secretary and in accordance with the Alaska Native
        Claims Settlement Act (43 U.S.C. 1601 et seq.); and
          "(B) may reject any selections not needed to fulfill the
        entitlement; or
        "(2) with respect to a Native Corporation that does not have
      priorities on file with the Secretary, the Secretary shall
      satisfy the entitlement by conveying land selected by the
      Secretary, in consultation with the appropriate Native
      Corporation, the Federal land managing agency with administrative
      jurisdiction over the land to be conveyed, and the State, that,
      to the maximum extent practicable, is - 
          "(A) compact;
          "(B) contiguous to land previously conveyed to the Native
        Corporation; and
          "(C) consistent with the applicable preliminary Regional
        Conveyance and Survey Plan referred to in section 401.
      "(f) Plan of Conveyance. - 
        "(1) In general. - The Secretary shall - 
          "(A) identify any Native Corporation that does not have
        sufficient priorities on file;
          "(B) develop priorities for the Native Corporation in
        accordance with subsection (e); and
          "(C) provide to the Native Corporation a plan of conveyance
        based on the priorities developed under subparagraph (B).
        "(2) Finalized selections. - Not later than 180 days after the
      date on which the Secretary provides a plan of conveyance to the
      affected Village, Group, or Urban Corporation and the Regional
      Corporation, the Regional Corporation shall finalize any Regional
      selections that are in conflict with land selected by the
      Village, Group, or Urban Corporation that has not been
      prioritized by the deadline under subsection (a)(1).
      "(g) Dissolved or Lapsed Corporations. - 
        "(1)(A) If a Native Corporation is lapsed or dissolved at the
      time final priorities are required to be filed under this section
      and does not have priorities on file with the Secretary, the
      Secretary shall establish a deadline for the filing of priorities
      that shall be one year from the provisions of notice of the
      deadline.
        "(B) To fulfill the notice requirement under paragraph (1), the
      Secretary shall - 
          "(i) publish notice of the deadline to a lapsed or dissolved
        Native Corporation in a newspaper of general circulation
        nearest the locality where the affected land is located; and
          "(ii) seek to notify in writing the last known shareholders
        of the lapsed or dissolved corporation.
        "(C) If a Native Corporation does not file priorities with the
      Secretary before the deadline set pursuant to subparagraph (A),
      the Secretary shall notify Congress.
        "(2) If a Native Corporation with final priorities on file with
      the Bureau of Land Management is lapsed or dissolved, the United
      States - 
          "(A) shall continue to administer the prioritized selected
        land under applicable law; but
          "(B) may reject any selections not needed to fulfill the
        lapsed or dissolved Native Corporation's entitlement."

    AVAILABILITY OF PROPERTY ACCOUNT FOR PURPOSES INVOLVING PUBLIC SALE
                      OF PROPERTY BY FEDERAL AGENCIES
      Pub. L. 100-202, Sec. 101(j) [Sec. 127], Dec. 22, 1987, 101 Stat.
    1329-311, 1329-318, provided that: "In addition to the purposes for
    which it is now available, the property account established by
    section 12(b) of the Act of January 2, 1976, as amended (43 U.S.C.
    1611 note) [section 12(b) of Pub. L. 94-204 set out below] shall be
    available hereafter for purposes involving any public sale of
    property by any agency of the United States, including the
    Department of Defense, or any element thereof."

     AUTHORITY TO CONVEY LANDS UNDER APPLICATION FOR SELECTION TO COOK
       INLET REGION, INC., FOR RECONVEYANCE TO VILLAGE CORPORATIONS;
    TENDER OF CONVEYANCE OF DESCRIBED LAND TO COOK INLET REGION, INC.,
              ACCEPTANCE BY REGION, AND EFFECT ON ENTITLEMENT
      Pub. L. 94-456, Secs. 4, 5, Oct. 4, 1976, 90 Stat. 1935, provided
    that:
      "Sec. 4. (a) The Secretary is authorized to convey lands under
    application for selection by Village Corporations within Cook Inlet
    Region to the Cook Inlet Region, Incorporated, for reconveyance by
    the Region to such Village Corporations. Such lands shall be
    conveyed as partial satisfaction of the statutory entitlement of
    such Village Corporations from lands withdrawn pursuant to section
    11(a)(3) of the Alaska Native Claims Settlement Act [section
    1610(a)(3) of this title] (hereinafter, The Settlement Act') [this
    chapter], and with the consent of the Region affected, as provided
    in section 12 of the Act of January 2, 1976 (89 Stat. 1145, 1150)
    [set out as a note below], from lands outside the boundaries of
    Cook Inlet Region. This authority shall not be employed to increase
    or decrease the statutory entitlement of any Village Corporation or
    Cook Inlet Region, Incorporated. For the purposes of counting acres
    received in computing statutory entitlement, the Secretary shall
    count the number of acres or acre selections surrendered by Village
    Corporations in any exchange for any other lands or selections.
      "(b) The Secretary shall not be required to survey any land
    conveyed pursuant to subsection 4(a) until the Village Corporation
    entitlement for all eligible Village Corporations has been
    conveyed. With respect to the conveyances made by the Secretary in
    the manner authorized by subsection 4(a), the Secretary shall
    survey the exterior boundaries of each entire area conveyed to Cook
    Inlet Region, Incorporated, pursuant to subsection 4(a) and
    monument to boundary lines at angle points and intervals of
    approximately two miles on straight lines. The Secretary shall not
    be required to provide ground survey or monumentation along
    meanderable water boundaries. Each township corner located within
    the exterior boundary of land conveyed shall be located and
    monumented. Any areas within such tracts that are to be reconveyed
    pursuant to section 14(C)(1) and (2) of the Settlement Act [section
    1613(c)(1) and (2) of this title] shall also be surveyed pursuant
    to 43 C.F.R. 2650.
      "(c) Conveyances made under the authority of subsection (a) of
    this section shall be considered conveyances under the Settlement
    Act [this chapter] and subject to the provisions of that Act,
    except as provided by this Act [amending section 1615(a) and (d) of
    this title and amending provisions set out as a note below].
      "Sec. 5. (a) The Secretary shall, within sixty days after the
    effective date of this Act [Oct. 4, 1976], tender conveyance of the
    land described in subsection (b), subject to valid existing rights,
    to Cook Inlet Region, Incorporated. If the conveyance is accepted
    by the Region, such lands shall be considered 1,687.2 acre-
    equivalents within the meaning of paragraph I(C)(2)(e)(iii) of the
    Terms and Conditions as clarified August 31, 1976, and the
    Secretary's obligations under paragraph I(C) of those Terms and
    Conditions will be reduced accordingly. If, however, said section
    12 of the Act of January 2, 1976 [set out as a note below], does
    not take effect then the entitlement of Cook Inlet Region,
    Incorporated, under section 12(c) [section 1611(c) of this title]
    shall be reduced by 8,346 acres.
      "(b) The land referred to in subsection (a) is described as a
    parcel of land located in section 7 of township 13 north, range 2
    west of the Seward Meridian, Third Judicial District, State of
    Alaska; said parcel being all of Government lots 5 and 7 and that
    portion of the SE 1/4  NW 1/4  lying north of the north right-of-
    way line of the Glenn Highway, State of Alaska, Department of
    Highways Project No. F-042-1(2), and more particularly described as
    follows:
        "Commencing at the north quarter corner of said section 7;
        "thence south 00 degrees 12 minutes east, a distance of 1,320.0
      feet, more or less, to the northeast corner of said southeast
      quarter northwest quarter;
        "thence west along the north line of southeast quarter
      northwest quarter a distance of 94.0 feet, more or less, to the
      north right-of-way line of the Glenn Highway and the true point
      of beginning;
        "thence south 53 degrees 16 minutes 15 seconds west along said
      north right-of-way line, a distance of 1,415.0 feet, more or
      less, to a point of curve being at right angles to centerline
      Station 216 plus 51.35;
        "thence continuing along said north right-of-way line along a
      curve to the right with a central angle of 12 degrees 51 minutes
      34 seconds, having a radius of 5,595.58 feet for an arc distance
      of 105.0 feet, more or less, to a point of intersection of said
      north right-of-way line with the west line of said southeast
      quarter northwest quarter;
        "thence north 00 degrees 12 minutes west along said west line,
      being common with the east line of Government lot 5, a distance
      of 910.0 feet, more or less, to the northwest corner of said
      southeast quarter northwest quarter;
        "thence east along the north line of said southeast quarter
      northwest quarter, a distance of 1,225.0 feet, more or less, to
      the point of beginning; containing 56.24 acres, more or less."

       SETTLEMENT OF CLAIMS AND CONSOLIDATION OF OWNERSHIP AMONG THE
    UNITED STATES, THE COOK INLET REGION, INC. AND THE STATE OF ALASKA
      Pub. L. 94-204, Sec. 12, Jan. 2, 1976, 89 Stat. 1150, as amended
    by Pub. L. 94-456, Sec. 3, Oct. 4, 1976, 90 Stat. 1935; Pub. L. 95-
    178, Sec. 3(a), Nov. 15, 1977, 91 Stat. 1369; Pub. L. 96-55, Sec.
    2, Aug. 14, 1979, 93 Stat. 386; Pub. L. 96-311, July 17, 1980, 94
    Stat. 947; Pub. L. 96-487, title XIV, Sec. 1435, Dec. 2, 1980, 94
    Stat. 2545; Pub. L. 97-468, title VI, Sec. 606(d), Jan. 14, 1983,
    96 Stat. 2566; Pub. L. 99-500, Sec. 101(h) [title III, Sec. 319],
    Oct. 18, 1986, 100 Stat. 1783-242, 1783-286, and Pub. L. 99-591,
    Sec. 101(h) [title III, Sec. 319], Oct. 30, 1986, 100 Stat. 3341-
    242, 3341-287; Pub. L. 101-511, title VIII, Sec. 8133(a), Nov. 5,
    1990, 104 Stat. 1909; Pub. L. 102-154, title III, Sec. 320, Nov.
    13, 1991, 105 Stat. 1036; Pub. L. 103-204, Sec. 32(b), Dec. 17,
    1993, 107 Stat. 2413, provided that:
      "(a) The purpose of this section is to provide for the settlement
    of certain claims, and in so doing to consolidate ownership among
    the United States, the Cook Inlet Region Incorporated (hereinafter
    in this section referred to as the 'Region'), and the State of
    Alaska, within the Cook Inlet area of Alaska in order to facilitate
    land management and to create land ownership patterns which
    encourage settlement and development in appropriate areas. The
    provisions of this section shall take effect at such time as all of
    the following have taken place:
        "(1) the State of Alaska has conveyed or irrevocably obligated
      itself to convey lands to the United States for exchange, hereby
      authorized, with the Region in accordance with the document
      referred to in subsection (b);
        "(2) the Region and all plaintiffs/appellants have withdrawn
      from Cook Inlet against Kleppe, numbered 75-2232, ninth circuit,
      and such proceedings have been dismissed with prejudice; and
        "(3) all Native village selections under section 12 of the
      Settlement Act [section 1611 of this title] of the lands within
      Lake Clark, Lake Kontrashibuna, and Mulchatna River deficiency
      withdrawals have been irrevocably withdrawn and waived.
    The conveyances described in paragraph (1) of this subsection shall
    not be subject to the provisions of section 6(i) of the Alaska
    Statehood Act (72 Stat. 339) [set out as note preceding section 21
    of Title 48, Territories and Insular Possessions].
      "(b) The Secretary shall make the following conveyances to the
    Region, in accordance with the specific terms, conditions,
    procedures, covenants, reservations, and other restrictions set
    forth in the document entitled 'Terms and Conditions for Land
    Consolidation and Management in Cook Inlet Area', which was
    submitted to the House Committee on Interior and Insular Affairs on
    December 10, 1975, and clarified on August 31, 1976, the terms of
    which, as clarified, are hereby incorporated herein and ratified as
    to the duties and obligations of the United States and the Region,
    as a matter of Federal law.
        "(1) title to approximately 10,240 acres of land within the
      Kenai National Moose Range; except that there shall be no
      conveyance of the bed of Lake Tustamena, or the mineral estate in
      the waterfront zone described in the document referred to in this
      subsection;
        "(2) title to oil and gas and coal in not to exceed 9.5
      townships within the Kenai National Moose Range;
        "(3) title to Federal interests in township 10 south, range 9
      west, F.M., and township 20 north, range 9 east, S.M.;
        "(4) title to township 1 south, range 21 west, S.M.: sections 3
      to 10, 15 to 22, 29, and 30; and rights to metalliferous minerals
      in the following sections in township 1 north, range 21 west,
      S.M.: sections 13, 14, 15, 22, 23, 24, 25, 26, 27, 28, 32, 33,
      34, 35, 36;
        "(5) title to twenty-nine and sixty-six hundredths townships of
      land outside the boundaries of Cook Inlet Region: unless pursuant
      to the document referred to in this subsection a greater or
      lesser entitlement shall exist, in which case the Secretary shall
      convey such entitlement;
        "(6) title to lands selected by the Region from a pool which
      shall be established by the Secretary and the Administrator of
      General Services: Provided, That conveyances pursuant to this
      paragraph shall not be subject to the provisions of section 22(l)
      of the Settlement Act [section 1621(l) of this title]: Provided
      further, That conveyances pursuant to this paragraph shall be
      made in exchange for lands or rights to select lands outside the
      boundaries of Cook Inlet Region as described in paragraph (5) of
      this subsection and on the basis of values determined by
      agreement among the parties, notwithstanding any other provision
      of law. Effective upon their conveyance, the lands referred to in
      paragraph (1) of this subsection are excluded from the Kenai
      National Moose Range, but they shall automatically become part of
      the range and subject to the laws and regulations applicable
      thereto upon title thereafter vesting in the United States. The
      Secretary is authorized to acquire lands formerly within the
      range with the concurrence of the Region so long as the Region
      owns such lands. Section 22(e) of the Settlement Act [section
      1621(e) of this title], concerning refuge replacement, shall
      apply with respect to lands conveyed pursuant to paragraphs (1)
      and (2) of this subsection, except that the Secretary may
      designate for replacement land twice the amount of any land
      conveyed without restriction to a native corporation.
        "(7)(i) Until the obligations of the Secretary and the
      Administrator of General Services under section 12(b)(5) and (6)
      of this Act [subsec. (b)(5), (6) of this note] are otherwise
      fulfilled: (a) Cook Inlet Region, Incorporated, may, by using the
      account established in subsection 12(b)(7)(iv) [subsec.
      (b)(7)(iv) of this note], bid, as any other bidder for property
      as defined in subsection 12(b)(7)(vii) [subsec. (b)(7)(vii) of
      this note],, [sic] wherever located, in accordance with the
      applicable laws and regulations of the Federal agency or
      instrumentality offering such property for sale. No preference
      right of any type will be offered to Cook Inlet Region
      Incorporated, for bidding on property under this section 12(b)(7)
      [subsec. (b)(7) of this note]. There shall be no advertising
      other than that ordinarily required by such sale. [sic] (b) the
      Administrator of General Services may, at the discretion of the
      Administrator, tender to the Secretary any surplus property
      otherwise to be disposed of pursuant to 40 U.S.C. 484(e)(3) [now
      40 U.S.C. 545(b)] to be offered Cook Inlet Region, Incorporated
      for a period of 90 days so as to aid in the fulfillment of the
      Secretary's program purposes under the Alaska Native Claims
      Settlement Act [this chapter]: Provided, That nothing in these
      subsections 12(b)(7)(i)(b) or (ii) [subsec. (b)(7)(i)(b) or (ii)
      of this note] shall be construed to establish, enlarge or
      diminish authority of the Administrator or the Secretary within
      the State of Alaska. Prior to any disposition under subsection
      12(b)(7)(i)(b) [subsec. (b)(7)(i)(b) of this note], the
      Administrator shall notify the governing body of the locality
      where such property is located and any appropriate state agency,
      and no such disposition shall be made if such governing body or
      state agency, within ninety days of such notification formally
      advises the Administrator that it objects to the proposed
      disposition.
        "(ii) Subject to the exceptions stated in section 12(b)(9)
      [subsec. (b)(9) of this note], and notwithstanding the foregoing
      subsection 12(b)(7)(i) [subsec. (b)(7)(i) of this note] and any
      provision of any other law or any implementing regulation
      inconsistent with this subsection, until the obligations of the
      Secretary and the Administrator of General Services under section
      12(b)(5) and (6) [subsec. (b)(5) and (6) of this note] are
      otherwise fulfilled:
          "(A) concurrently with the commencement of screening of any
        excess real property, wherever located, for utilization by
        Federal agencies, the Administrator of General Services shall
        notify the Region that such property may be available for
        conveyance to the Region upon negotiated sale. Within fifteen
        days of the date of receipt of such notice, the Region may
        advise the Administrator that there is a tentative need for the
        property to fulfill the obligations established under section
        12(b)(5) and (6) [subsec. (b)(5) and (6) of this note]. If the
        Administrator determines the property should be disposed of by
        transfer to the Region, the Administrator or other appropriate
        Federal official shall promptly transfer such property;
          "(B) no disposition or conveyance of property under this
        subsection to the Region shall be made until the Administrator,
        after notice to affected State and local governments, has
        provided to them such opportunity to obtain the property as is
        recognized in title 40, United States Code and the regulations
        thereunder for the disposition or conveyance of surplus
        property; and
          "(C) as used in this subsection, 'real property' means any
        land or interests in land owned or held by the United States or
        any Federal agency, any improvements on such land or rights to
        their use or exploitation, and any personal property related to
        the land.
        "(iii) If the Region accepts any conveyance under section
      12(b)(7)(i) or (ii) [subsec. (b)(7)(i) or (ii) of this note], it
      shall be in exchange for acres or acre-equivalents as provided in
      subparagraph I(C)(2)(e) of the document referred to in this
      section, except that, after the obligation of the Secretary and
      the Administrator under subparagraph I(C)(2)(g) of that document
      has been fulfilled, the acre-equivalents under subparagraph
      I(C)(2)(e)(iii)(A) shall be one-half the valued increment therein
      stated. The entitlement of the Region under section 12(b) of this
      Act [subsec. (b) of this note] shall be reduced by the number of
      acres or acre-equivalents attributed to the Region under this
      subsection. The Secretary and the Administrator are directed to
      execute an agreement with the Region which shall conform
      substantially to the 'Memorandum of Understanding Regarding the
      Implementation of Section 12(b)(7)', dated September 10, 1982,
      and submitted to the Senate Committee on Commerce, Science, and
      Transportation. The Secretary, the Administrator and the Region
      may thereafter otherwise agree to procedures to implement
      responsibilities under this section 12(b)(7) [subsec. (b)(7) of
      this note], including establishment of accounting procedures and
      the delegation or reassignment of duties under this statute.
        "(iv) The Secretary of the Treasury shall establish a Cook
      Inlet Region, Incorporated property account, which shall be
      available for the purpose of bidding on property, as defined in
      subsection 12(b)(7)(vii) [subsec. (b)(7)(vii) of this note], or
      paying for the conveyance of property pursuant to subsections
      12(b)(7)(i) or (ii) [subsec. (b)(7)(i), (ii) of this note]. The
      balance of the account shall be the sum of (1) the acre-
      equivalent exchange value established by paragraph
      I(C)(2)(e)(iii)(A) of the document referred to in this
      subsection, of the unfulfilled entitlement of Cook Inlet Region,
      Incorporated, [on] December 2, 1980, to acre or acre-equivalents
      under paragraph I(C)(2)(g) of the document referred to in this
      subsection 12(b) [subsec. (b) of this note] and (2) one-half the
      acre or acre-equivalent exchange value under subparagraph
      I(C)(2)(e)(iii)(A) of seven townships fewer than the unfulfilled
      entitlement of the Region on the same date to acres or acre-
      equivalents under paragraph I(C)(1) of the document referred to
      in this section. The balance of the property account shall be
      adjusted in accordance with subsection 12(b)(7)(iii) [subsec.
      (b)(7)(iii) of this note] to reflect transfers or successful bids
      under section 12(b)(5) and (6) of this section [subsec. (b)(5)
      and (6) of this note] or payments of forfeited deposits,
      penalties, or other assessments imposed under a valid bid or
      sales contract on Cook Inlet Region, Incorporated.
        "(v) The amount charged against the Treasury account
      established under subsection 12(b)(7)(iv) [subsec. (b)(7)(iv) of
      this note] for sales or transfers of property made pursuant to
      the Federal Property and Administrative Services Act of 1949, 40
      U.S.C. sec. 471 et seq. [now chapters 1 to 11 of Title 40, Public
      Buildings, Property, and Works, and title III of the Act of June
      30, 1949 (41 U.S.C. 251 et seq.)], or any legislative or
      executive delegation under that Act, shall be treated as proceeds
      of dispositions of surplus property for the purpose of
      determining the basis for calculating direct expenses pursuant to
      40 U.S.C. 485(b) [now 40 U.S.C. 572(a)], as amended.
        "(vi) The basis for computing gain or loss on subsequent sale
      or other disposition of lands or interests in land conveyed to
      Cook Inlet Region, Incorporated, under this subsection, for
      purposes of any Federal, State or local tax imposed on or
      measured by income, shall be the fair value of such land or
      interest in land at the time of receipt. The amount charged
      against Cook Inlet's entitlement under I(C)(2)(e) of the document
      referred to in subsection (b) of this section [subsec. (b) of
      this note] shall be prima facie evidence of such fair value.
        "(vii) Notwithstanding the definition of 'property' found in
      the Federal Property and Administrative Services Act of 1949, as
      amended [see 40 U.S.C. 102(9)], as used in this section 12(b)(7)
      [subsec. (b)(7) of this note], 'property' means any property -
      real, personal (including intangible assets sold or offered by
      the Federal Deposit Insurance Corporation or the Resolution Trust
      Corporation, such as financial instruments, notes, loans, and
      bonds), or mixed - owned, held, or controlled by the United
      States (including that in a corporate capacity or as a receiver
      or conservator, or such other similar fiduciary relationship),
      and offered for sale by any agency or instrumentality of the
      United States, including but not limited to the General Services
      Administration, Department of Defense, Department of the
      Interior, Department of Agriculture, Department of Housing and
      Urban Development, the United States Courts and any Government
      corporation, agency or instrumentality subject to chapter 91 of
      title 31, United States Code; real property means any land or
      interest in land or option to purchase land, any improvements on
      such lands, or rights to their use or exploitation.
        "(viii) Any charge against the property account and any
      transfer of funds from the property account heretofore made for
      the purpose of consummating any prior sale or making a deposit or
      other payment to bind any contract of sale or paying any
      forfeiture of deposit, penalty or assessment is hereby
      authorized, ratified and affirmed.
        "(8) Subject to the exceptions stated in section 12(b)(9)
      [subsec. (b)(9) of this note], and notwithstanding any provisions
      of law or implementing regulation inconsistent with this section:
          "(i) The deadlines in subparagraphs I(C)(2)(a) and (g) of the
        document referred to in this section shall be extended until
        the Secretary's obligations under section 12(b)(5) and (6)
        [subsec. (b)(5) and (6) of this note] are fulfilled: Provided,
        That:
            "(A) the obligation of the Secretary under subparagraph
          I(C)(2)(a) of such document shall terminate on such date,
          after July 15, 1984, that the Secretary has fulfilled his
          obligation under subparagraph I(C)(2)(g) of that document:
          Provided, That the obligation of the Secretary under
          subparagraph I(C)(2)(g) of such document shall be fulfilled
          at such date, after July 15, 1984, that the sum of the acres
          or acre-equivalents identified for and placed in the pool and
          the acres or acre-equivalents used by the Region in
          purchasing property under section 12(b)(7) [subsec. (b)(7) of
          this note] equals or exceeds 138,240 acres or acre-
          equivalents;
            "(B) the authority of the Secretary under subparagraphs
          I(C)(2)(b) and I(C)(2)(g)(ii) of such document to contribute
          to the pool created under subparagraph I(C)(2)(a) of such
          document shall terminate (a) on July 15, 1984, if, by that
          date, the Secretary has fulfilled his obligation under
          subparagraph I(C)(2)(g), or (b) if not, on such date after
          July 15, 1984 as such obligation is fulfilled, or (c) if such
          obligation remains unfulfilled, on July 15, 1987;
            "(C) the concurrence by the State as described in
          subparagraphs I(C)(2)(a)(vi) and I(C)(2)(c) of the document
          referred to in this section shall be deemed not required
          after the Secretary has fulfilled his obligation under
          subparagraph I(C)(2)(g) of that document, but in no event
          after July 15, 1987. In lieu of such concurrence, after 1984
          as to military property, and after the Secretary has
          fulfilled his obligation under subparagraph I(C)(2)(g) of
          that document or July 15, 1987, whichever is earlier, as to
          any other property, except property of the Alaska Railroad
          which is governed by subsection 12(b)(6)(i)(D) of this Act
          [probably means subpar. (i)(D) of this paragraph], the
          Secretary shall not place any lands in the selection pool
          referred to in subparagraphs I(C)(2)(a) and (g) of the
          document referred to in this section without the prior
          written concurrence of the State. Such concurrence shall be
          deemed obtained unless the State advises the Secretary within
          ninety days of receipt of a formal notice from the Secretary
          that he is considering placing property in the selection
          pool, that the State, or a municipality of the State which
          includes all or part of the property in question, requires
          the property for a public purpose of the State or
          municipality; and
            "(D) notwithstanding section 606(a)(2) of the Alaska
          Railroad Transfer Act of 1982 [section 1205(a)(2) of Title
          45, Railroads], the Secretary may include property of the
          Alaska Railroad in the pool of lands to be made available for
          selection to the extent that he is authorized to do so under
          a provision of section 12(b) of this Act [subsec. (b) of this
          note] if the State consents to its inclusion, which consent
          is not subject to any limitation under subsection
          12(b)(8)(i)(C) herein: Provided, That, while the Alaska
          Railroad is the property of the United States, the Secretary
          shall obtain the consent of the Secretary of Transportation
          prior to including such property: And provided further, That,
          if the transfer of the Alaska Railroad to the State does not
          occur pursuant to the terms of the Alaska Railroad Transfer
          Act of 1982 [see Short Title note set out under section 1201
          of Title 45] or any amendments thereto, the State's consent
          shall be deemed obtained unless the State advises the
          Secretary in writing, within ninety days of receipt of a
          formal notice from the Secretary that he is considering
          placing such property in the selection pool, that the State,
          or a municipality of the State which includes all or part of
          the property in question, requires the property for a public
          purpose of the State or the municipality.
          "(ii) In addition to the review required to identify public
        lands under section 3(e) of the Alaska Native Claims Settlement
        Act (43 U.S.C. 1602(e)), the Secretary shall identify for
        inclusion in the pool all public lands (as such term is used
        under section 3(e) of the Alaska Native Claims Settlement Act
        (43 U.S.C. 1602(e)), as described in subparagraph I(C)(2)(a)(v)
        of the document referred to in this section, and shall, in so
        doing, review all Federal installations within the boundaries
        of the Cook Inlet Region whether within or without the areas
        withdrawn pursuant to section 11 of the Alaska Native Claims
        Settlement Act (43 U.S.C. 1610) or by the Secretary acting
        under authority contained in that section: Provided, That no
        such additional review under such subparagraph shall be
        required of military installations or of such other
        installations as may be mutually excluded from review by the
        Region and the Secretary: And provided further, That the
        Secretary shall not review any property of the Alaska Railroad
        unless such property becomes available for selection pursuant
        to subsection 12(b)(8)(i)(D) [subsec. (b)(8)(i)(D) of this
        note].
          "(iii) The concurrence required of the State as to the
        inclusion of any property in the pool under subparagraph
        I(C)(2)(b) of the document referred to in this section shall be
        deemed obtained unless the State advises the Secretary in
        writing, within ninety days of receipt of a formal notice from
        the Secretary that the Secretary is considering placing
        property in the selection pool, that the State, or a
        municipality of the State which includes all or part of the
        property in question requires the property for a public purpose
        of the State or the municipality.
          "(iv) The deadlines in subparagraph I(C)(1)(b) of the
        document referred to in this section shall be extended for an
        additional twenty-four months beyond the dates established in
        the Act of July 17, 1980 (Public Law 96-311; 94 Stat. 947)
        [amending this note].
          "(v) On or before January 15, 1985, the Secretary shall
        report to the Congress with respect to:
            "(A) such studies and inquiries as shall have been
          initiated by the Secretary and the Administrator of General
          Services, or have been prepared by other holding agencies, to
          determine what lands, except for lands held by the Alaska
          Railroad or the State-owned railroad, within the boundaries
          of the Cook Inlet Region or elsewhere can be made available
          to the Region, to the extent of its entitlement;
            "(B) the feasibility and appropriate nature of
          reimbursement of the Region for its unfulfilled entitlement
          as valued in subsection 12(b)(7)(iv) of this Act [subsec.
          (b)(7)(iv) of this note];
            "(C) the extent to which implementation of the mechanisms
          established in section 12(b)(7) [subsec. (b)(7) of this note]
          promise to meet such unfulfilled entitlement;
            "(D) such other remedial legislation or administrative
          action as may be needed; and
            "(E) the need to terminate any mechanism established by law
          through which the entitlement of the Region may be completed.
        "(9) No disposition or conveyance of property located within
      the State to the Region under section 12(b)(6), 12(b)(7) and
      12(b)(8), as amended [subsec. (b)(6) to (8) of this note], shall
      be made if the property is subject to an express waiver of rights
      under the provisions of subparagraph I(C)(2)(f) of the document
      referred to in this section, or if such disposition or conveyance
      violates valid rights, including valid selections or valid
      authorized agreements, of Native Corporations (as such term is
      used in section 102(6) of the Alaska National Interest Lands
      Conservation Act (16 U.S.C. 3102(6)) or the State existing at the
      time of such disposition or conveyance under section 6 of Public
      Law 85-508, as amended [set out as a note preceding section 21 of
      Title 48, Territories and Insular Possessions] (excepting section
      906(e) of the Alaska National Interest Lands Conservation Act
      [section 1635(e) of this title]), sections 12(a), 12(b), 16(b) or
      22(f) of the Alaska Native Claims Settlement Act [subsec. (a) or
      (b) of this section or section 1615(b) or 1621(f) of this title,
      respectively], section 12(h) of the Act of January 2, 1976
      (Public Law 94-204; 89 Stat. 1154) [subsec. (h) of this note], or
      sections 1416, 1418 through 1425 (inclusive), 1427 through 1434
      (inclusive), or 1436 of the Alaska National Interest Lands
      Conservation Act [not classified to the Code]: Provided, however,
      That nothing within this subsection 12(b)(9) [subsec. (b)(9) of
      this note] shall diminish such rights and priorities as the
      Region has under section 12(b) of the Act of January 2, 1976
      (Public Law 94-204; 89 Stat. 1151), as amended by section 4 of
      the Act of October 4, 1976 (Public Law 94-456; 90 Stat. 1935),
      section 3 of the Act of November 15, 1977 (Public Law 95-178; 91
      Stat. 1369), section 2 of the Act of August 14, 1979 (Public Law
      96-55; 93 Stat. 386), the Act of July 17, 1980 (Public Law 96-
      311; 94 Stat. 947), and section 1435 of the Alaska National
      Interest Lands Conservation Act [subsec. (b) of this note].
        "(10) For the purpose of its incorporation into this section,
      paragraph I(C)(1) of the document referred to in this section is
      amended as follows: (1) by striking 'withdrawn' and inserting in
      lieu thereof 'withdrawn or formerly withdrawn'; (2) by striking
      '17(d)(1)' and inserting in lieu thereof '17(d)(1) and (2)'; and
      (3) by striking the last sentence of subparagraph I(C)(1)(a) and
      inserting in lieu thereof the following: 'Cook Inlet Region,
      Incorporated shall not nominate any lands within the boundaries
      of any conservation system unit, national conservation area,
      national recreation area, national forest, defense withdrawal, or
      any lands that were made available to the State for selection
      pursuant to sections 2 and 5 of the State-Federal Agreement of
      September 1, 1972.'.
        "(11) Notwithstanding the provisions of section 906 of the
      Alaska National Interest Lands Conservation Act [section 1635 of
      this title] and section 6(i) of the Alaska Statehood Act (72
      Stat. 339) [set out in a note preceding section 21 of Title 48,
      Territories and Insular Possessions];
          "(i) The State is hereby authorized to convey to the United
        States for reconveyance to the Region, and the Secretary is
        directed to accept and so reconvey, lands tentatively approved
        for patent or patented to the State, if the State and the
        Region enter into an agreement that such lands shall be
        reconveyed to the Region to fulfill all or part of its
        entitlement under paragraph I(C)(1) of the document referred to
        in this section: Provided, That the acreage of lands conveyed
        to the United States under this provision shall be added to the
        State's unfulfilled entitlement pursuant to section 6 of the
        Alaska Statehood Act, and the number of townships to be
        nominated, pooled, struck, selected and conveyed pursuant to
        paragraph I(C)(1) of the document referred to in this section
        shall be reduced accordingly.
          "(ii) The Secretary is directed to convey to the Region lands
        selected by the State prior to July 18, 1973 or pursuant to
        sections 2 and 5 of the State-Federal Agreement of September 1,
        1972, if the State relinquishes such selections and enters into
        an agreement with the Region that such lands shall be
        reconveyed to the Region to fulfill all or part of its
        entitlement under paragraph I(C)(1) of the document referred to
        in this section, and the number of townships to be nominated,
        pooled, struck, selected and conveyed pursuant to paragraph
        I(C)(1) of the document referred to in this section shall be
        reduced accordingly.
          "(iii) The Secretary, in the Secretary's discretion, is
        authorized to enter into an agreement with the State and the
        Region to implement the authority contained in this section
        12(b)(11) [subsec. (b)(11) of this note], which agreement may
        provide for conveyances directly from the State to the Region.
        Conveyances directly conveyed shall be deemed conveyances from
        the Secretary pursuant to the Alaska Native Claims Settlement
        Act (43 U.S.C. 1601 et seq.).
      "(c) The lands and interests conveyed to the Region under the
    foregoing subsections of this section and the lands provided by the
    State exchange under subsection (a)(1) of this section, shall be
    considered and treated as conveyances under the Settlement Act
    [this chapter] unless otherwise provided, and shall constitute the
    Region's full entitlement under sections 12(c) and 14(h)(8) of the
    Settlement Act [sections 1611(c) and 1613(h)(8) of this title]. Of
    such lands, 3.58 townships of oil and gas and coal in the Kenai
    National Moose Range shall constitute the full surface and
    subsurface entitlement of the Region under section 14(h)(8)
    [section 1613(h)(8) of this title]. The lands which would comprise
    the difference in acreage between the lands actually conveyed under
    and referred to in the foregoing subsections of this section, and
    any final determination of what the Region's acreage rights under
    sections 12(c) and 14(h)(8) of the Settlement Act [sections 1611(c)
    and 1613(h)(8) of this title] would have been, if the conveyances
    set forth in this section to the Region had not been executed,
    shall be retained by the United States and shall not be available
    for conveyance to any Regional Corporation or Village Corporation,
    notwithstanding any provisions of the Settlement Act [this chapter]
    to the contrary.
      "(d)(1) The Secretary shall convey to the State of Alaska all
    right, title, and interest of the United States in and to all of
    the following lands:
        "(i) At least 22.8 townships and no more than 27 townships of
      land from those presently withdrawn under section 17(d)(2) of the
      Settlement Act [section 1616(d)(2) of this title] in the Lake
      Iliamna area and within the Nushagak River or Koksetana River
      drainages near lands heretofore selected by the State, the amount
      and identities of which shall be determined pursuant to the
      document referred to in subsection (b); and
        "(ii) 26 townships of lands in the Talkeetna Mountains,
      Kamishak Bay, and Tutna Lake areas, the identities of which are
      set forth in the document referred to in subsection (b).
    All lands granted to the State of Alaska pursuant to this
    subsection shall be regarded for all purposes as if conveyed to the
    State under and pursuant to section 6 of the Alaska Statehood Act
    [set out as a note preceding section 21 of Title 48, Territories
    and Insular Possessions]: Provided, however, That this grant of
    lands shall not constitute a charge against the total acreage to
    which the State is entitled under section 6(b) of the Alaska
    Statehood Act.
      "(2) The Secretary is authorized and directed to convey to the
    State of Alaska, without consideration, all right, title, and
    interest of the United States in and to all that tract generally
    known as the Campbell tract and more particularly identified in the
    document referred to in subsection (b) except for one compact union
    of land, which he determines, after consultation with the State of
    Alaska, is actually needed by the Bureau of Land Management for its
    present operations: Provided, That in no event shall the unit of
    land so excepted exceed 1,000 acres in size. The land authorized to
    be conveyed pursuant to this paragraph shall be used for public
    parks and recreational purposes and other compatible public
    purposes. An area encompassing approximately sixty-two acres and
    depicted on the map entitled 'Native Heritage Park Proposal' and on
    file with the Secretary shall be managed in accordance with the
    generalized land use plan outlined in the Greater Anchorage Area
    Borough's Far North Bicentennial Park Master Development Plan of
    September 1974. Except as provided otherwise in this paragraph, in
    making the conveyance authorized and required by this paragraph,
    the Secretary shall utilize the procedures of the Recreation and
    Public Purposes Act (44 Stat. 741), as amended [section 869 et seq.
    of this title], and regulations developed pursuant to that Act, and
    the conveyance of such lands shall also contain a provision that,
    if the lands cease to be used for the purposes for which they were
    conveyed; the lands and title thereto shall revert to the United
    States: Provided, however, That the acreage limitation provided by
    section 1(b) of that Act, as amended by the Act of June 4, 1954 (68
    Stat. 173) [section 869(b) of this title], shall not apply to this
    conveyance, nor shall the lands conveyed pursuant to this paragraph
    be counted against that acreage limitation with respect to the
    State of Alaska or any subdivision thereof: Provided further, That
    to the extent necessary, any and all conveyance documents executed
    concerning the conveyance of the lands referred to in this proviso
    shall be deemed amended accordingly to conform to this proviso.
      "(3) The Secretary is authorized and directed to make available
    for selection by the State, in its discretion, under section 6 of
    the Alaska Statehood Act [set out as a note preceding section 21 of
    Title 48, Territories and Insular Possessions], 12.4 townships of
    land to be selected from lands within the Talkeetna Mountains and
    Koksetna River area as described in the document referred to in
    subsection (b).
      "(e) The Secretary may, notwithstanding any other provision of
    law to the contrary, convey title to lands and interests in lands
    selected by Native corporations within the exterior boundaries of
    Power Site Classification 443, February 13, 1958, to such
    corporations, subject to the reservations required by section 24 of
    the Federal Power Act [section 818 of Title 16, Conservation]. This
    conveyance shall be considered and treated as a conveyance under
    the Settlement Act [this chapter].
      "(f) All conveyances of lands made or to be made by the State of
    Alaska in satisfaction of the terms and conditions of the document
    referred to in subsection (b) of this section shall pass all of the
    State's right, title, and interest in such lands, including the
    minerals therein, as if those conveyances were made pursuant to
    section 22(f) of the Settlement Act [section 1621(f) of this
    title], except that dedicated or platted section line easements and
    highway and other rights-of-way may be reserved to the State.
      "(g) The Secretary, through the National Park Service, shall
    provide financial assistance, not to exceed $25,000, hereby
    authorized to be appropriated, and technical assistance to the
    Region for the purpose of developing and implementing a land use
    plan for the west side of Cook Inlet, including an analysis of
    alternative uses of such lands.
      "(h) Village Corporations within the Cook Inlet Region shall have
    until December 18, 1976, to file selections under section 12(b) of
    the Settlement Act [section 1611(b) of this title], notwithstanding
    any provision of that Act to the contrary.
      "(i) The Secretary shall report to the Congress by April 15,
    1976, on the implementation of this section. If the State fails to
    agree to engage in a transfer with the Federal Government, pursuant
    to subsection (a)(1), the Secretary shall prior to December 18,
    1976, make no conveyance of the lands that were to be conveyed to
    the Region in this section, nor shall he convey prior to such date
    the Point Campbell, Point Woronzof, and Campbell tracts, so that
    the Congress is not precluded from fashioning an appropriate
    remedy. In the event that the State fails to agree as aforesaid,
    all rights of the Region that may have been extinguished by this
    section shall be restored."

        CONVEYANCE TO KONIAG, INC., A REGIONAL CORPORATION, OF THE
                 SUBSURFACE ESTATE OF LANDS TO BE SELECTED
      Pub. L. 94-204, Sec. 15, Jan. 2, 1976, 89 Stat. 1154, as amended
    by Pub. L. 96-487, title IX, Sec. 911, Dec. 2, 1980, 94 Stat. 2447,
    provided that:
      "(a) The Secretary shall convey under section 12(a)(1) and 14(f)
    of the Settlement Act [sections 1611(a)(1) and 1613(f) of this
    title] to Koniag, Incorporated, a Regional Corporation established
    pursuant to section 7 of said Act [section 1606 of this title],
    such of the subsurface estate, other than title to or the right to
    remove gravel and common varieties of minerals and materials, as is
    selected by said corporation from lands withdrawn by Public Land
    Order 5397 for identification for selection by it located in the
    following described area:
        "Township 36 south, range 52 west, all;
        "Township 37 south, range 51 west, all;
        "Township 37 south, range 52 west, all;
        "Township 37 south, range 53 west, sections 1 through 4, 9
      through 16, 21 through 24, and the north half of sections 25
      through 28;
        "Township 38 south, range 51 west, sections 1 through 5, 9, 10,
      12, 13, 18, 24, and 25;
        "Township 38 south, range 52 west, sections 1 through 35;
        "Township 38 south, range 53 west, sections 1, 12, 13, 24, 25,
      and 26;
        "Township 39 south, range 51 west, sections 1, 6, 7, 16 through
      21, 28 through 33, and 36;
        "Township 39 south, range 52 west, sections 1, 2, 11 through
      15, and 22 through 24;
        "Township 39 south, range 53 west, sections 33 through 36, and
      the south half of section 26;
        "Township 40 south, range 51 west, sections 2 and 6;
        "Township 40 south, range 52 west, sections 6 through 10, 15
      through 21, and 27 through 36;
        "Township 40 south, range 53 west, sections 1 through 19, 21
      through 28, and 34 through 36;
        "Township 40 south, range 54 west, sections 1 through 34;
        "Township 41 south, range 52 west, sections 7, 8, 9, 16, 17,
      and 18;
        "Township 41 south, range 53 west, sections 1, 4, 5, 8, 9, 11,
      12, and 16;
        "Township 41 south, range 54 west, section 6, S. M., Alaska;
      "Notwithstanding the withdrawal of such lands by Public Land
    Order 5179, as amended, pursuant to section 17(d)(2) of the
    Settlement Act [section 1616(d)(2) of this title]: Provided, That
    notwithstanding the future designation by Congress as part of the
    National Park System or other national land system referred to in
    section 17(d)(2)(A) of the Settlement Act [section 1616(d)(2)(A) of
    this title] of the surface estate overlying any subsurface estate
    conveyed as provided in this section, and with or without such
    designation, Koniag, Incorporated, shall have such use of the
    surface estate, including such right of access thereto, as is
    reasonably necessary to the exploration for and the removal of oil
    and gas from said subsurface estate, subject to such regulations by
    the Secretary as are necessary to protect the ecology from
    permanent harm.
      "The United States shall make available to Koniag, its successors
    and assigns, such sand and gravel as is reasonably necessary for
    the construction of facilities and rights-of-way appurtenant to the
    exercise of the rights conveyed under this section, pursuant to the
    provisions of section 601 et seq., title 30, United States Code,
    and the regulations implementing that statute which are then in
    effect.
      "(b) The subsurface estate in all lands other than those
    described in subsection (a) within the Koniag Region and withdrawn
    under section 17(d)(2)(E) of the Settlement Act [section
    1616(d)(2)(E) of this title], shall not be available for selection
    by Koniag Region, Incorporated."

           SELECTION OF LANDS BY VILLAGE CORPORATION OF TATITLEK       
      Pub. L. 94-204, Sec. 16, Jan. 2, 1976, 89 Stat. 1155, provided
    that: "Within ninety days after the date of enactment of this Act
    [Jan. 2, 1976], the corporation created by the enrolled residents
    of the Village of Tatitlek may file selections upon any of the
    following described lands: Copper River Meridian
        "Township 9 south, range 3 east, sections 23, 26, 31-35.
        "Township 10 south, range 3 east, sections 2-27, 34-36.
        "Township 11 south, range 4 east, sections 5, 6, 8, 9, 16, 17,
      20-22, 27-29, 33-35.
        "Township 9 south, range 3 east, sections 3-6, 9-11.
        "Township 9 south, range 3 east, sections 14-16, 21, 22, 27,
      28.
      "The Secretary shall receive and adjudicate such selections as
    though they were timely filed pursuant to section 12(a) or 12(b) of
    the Settlement Act [section 1611(a) or 1611(b) of this title], and
    were withdrawn pursuant to section 11 of that Act [section 1610 of
    this title].
      "The Secretary shall convey such lands selected pursuant to this
    authorization which otherwise comply with the applicable statutes
    and regulations. This section shall not be construed to increase
    the entitlement of the corporation of the enrolled residents of
    Tatitlek or to increase the amount of land that may be selected
    from the National Forest System. The subsurface of any land
    selected pursuant to this section shall be conveyed to the Regional
    Corporation for the Chugach Region pursuant to section 14(f) of the
    Settlement Act [section 1613(f) of this title]."

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a closing
         parenthesis.

    (!2) So in original. Probably should be "subsection".

-End-

-CITE-
    43 USC Sec. 1612                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1612. Surveys

-STATUTE-
    (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
      The Secretary shall survey the areas selected or designated for
    conveyance to Village Corporations pursuant to the provisions of
    this chapter. He shall monument only exterior boundaries of the
    selected or designated areas at angle points and at intervals of
    approximately two miles on straight lines. No ground survey or
    monumentation will be required along meanderable water boundaries.
    He shall survey within the areas selected or designated land
    occupied as a primary place of residence, as a primary place of
    business, and for other purposes, and any other land to be patented
    under this chapter.
    (b) Withdrawals, selections, and conveyances pursuant to chapter:
      current plats of surveys or protraction diagrams; conformity to
      Land Survey System
      All withdrawals, selections, and conveyances pursuant to this
    chapter shall be as shown on current plats of survey or protraction
    diagrams of the Bureau of Land Management, or protraction diagrams
    of the Bureau of the State where protraction diagrams of the Bureau
    of Land Management are not available, and shall conform as nearly
    as practicable to the United States Land Survey System.

-SOURCE-
    (Pub. L. 92-203, Sec. 13, Dec. 18, 1971, 85 Stat. 702.)

-End-

-CITE-
    43 USC Sec. 1613                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1613. Conveyance of lands

-STATUTE-
    (a) Native villages listed in section 1610 and qualified for land
      benefits; patents for surface estates; issuance; acreage
      Immediately after selection by a Village Corporation for a Native
    village listed in section 1610 of this title which the Secretary
    finds is qualified for land benefits under this chapter, the
    Secretary shall issue to the Village Corporation a patent to the
    surface estate in the number of acres shown in the following table:

        If the village had on the 1970 census            It shall be    
        enumeration date a Native population            entitled to a   
                      between -                       patent to an area 
                                                       of public lands  
                                                         equal to -     
    --------------------------------------------------------------------
    25 and 99                                              69,120 acres.
    100 and 199                                            92,160 acres.
    200 and 399                                           115,200 acres.
    400 and 599                                           138,240 acres.
    600 or more                                           161,280 acres.
    --------------------------------------------------------------------

    The lands patented shall be those selected by the Village
    Corporation pursuant to section 1611(a) of this title. In addition,
    the Secretary shall issue to the Village Corporation a patent to
    the surface estate in the lands selected pursuant to section
    1611(b) of this title.
    (b) Native villages listed in section 1615 and qualified for land
      benefits; patents for surface estates; issuance; acreage
      Immediately after selection by any Village Corporation for a
    Native village listed in section 1615 of this title which the
    Secretary finds is qualified for land benefits under this chapter,
    the Secretary shall issue to the Village Corporation a patent to
    the surface estate to 23,040 acres. The lands patented shall be the
    lands within the township or townships that enclose the Native
    village, and any additional lands selected by the Village
    Corporation from the surrounding townships withdrawn for the Native
    village by section 1615(a) of this title.
    (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
      Each patent issued pursuant to subsections (a) and (b) of this
    section shall be subject to the requirements of this subsection.
    Upon receipt of a patent or patents:
        (1) the Village Corporation shall first convey to any Native or
      non-Native occupant, without consideration, title to the surface
      estate in the tract occupied as of December 18, 1971 (except that
      occupancy of tracts located in the Pribilof Islands shall be
      determined as of the date of initial conveyance of such tracts to
      the appropriate Village Corporation) as a primary place of
      residence, or as a primary place of business, or as a subsistence
      campsite, or as headquarters for reindeer husbandry;
        (2) the Village Corporation shall then convey to the occupant,
      either without consideration or upon payment of an amount not in
      excess of fair market value, determined as of the date of initial
      occupancy and without regard to any improvements thereon, title
      to the surface estate in any tract occupied as of December 18,
      1971 by a nonprofit organization;
        (3) the Village Corporation shall then convey to any Municipal
      Corporation in the Native village or to the State in trust for
      any Municipal Corporation established in the Native village in
      the future, title to the remaining surface estate of the improved
      land on which the Native village is located and as much
      additional land as is necessary for community expansion, and
      appropriate rights-of-way for public use, and other foreseeable
      community needs: Provided, That the amount of lands to be
      transferred to the Municipal Corporation or in trust shall be no
      less than 1,280 acres unless the Village Corporation and the
      Municipal Corporation or the State in trust can agree in writing
      on an amount which is less than one thousand two hundred and
      eighty acres: Provided further, That any net revenues derived
      from the sale of surface resources harvested or extracted from
      lands reconveyed pursuant to this subsection shall be paid to the
      Village Corporation by the Municipal Corporation or the State in
      trust: Provided, however, That the word "sale", as used in the
      preceding sentence, shall not include the utilization of surface
      resources for governmental purposes by the Municipal Corporation
      or the State in trust, nor shall it include the issuance of free
      use permits or other authorization for such purposes;
        (4) the Village Corporation shall convey to the Federal
      Government, State, or to the appropriate Municipal Corporation,
      title to the surface estate for airport sites, airway beacons,
      and other navigation aids as such existed on December 18, 1971,
      together with such additional acreage and/or easements as are
      necessary to provide related governmental services and to insure
      safe approaches to airport runways as such airport sites,
      runways, and other facilities existed as of December 18, 1971;
      and
        (5) for a period of ten years after December 18, 1971, the
      Regional Corporation shall be afforded the opportunity to review
      and render advice to the Village Corporations on all land sales,
      leases or other transactions prior to any final commitment.

      There is authorized to be appropriated such sums as may be
    necessary for the purpose of providing technical assistance to
    Village Corporations established pursuant to this chapter in order
    that they may fulfill the reconveyance requirements of this
    subsection. The Secretary may make funds available as grants to
    ANCSA or nonprofit corporations that maintain in-house land
    planning and management capabilities.
    (d) Rule of approximation with respect to acreage limitations
      (1) The Secretary may apply the rule of approximation with
    respect to the acreage limitations contained in this section.
      (2) For purposes of applying the rule of approximation under this
    section, the largest legal subdivision that may be conveyed in
    excess of the applicable acreage limitation specified in subsection
    (a) of this section shall be - 
        (A) in the case of land managed by the Bureau of Land
      Management that is not within a conservation system unit, the
      next whole section;
        (B) in the case of land managed by an agency other than the
      Bureau of Land Management that is not within a conservation
      system unit, the next quarter-section and only with concurrence
      of the agency; or
        (C) in the case of land within a conservation system unit, a
      quarter of a quarter section, and if the land is managed by an
      agency other than the Bureau of Land Management, only with the
      concurrence of that agency.

      (3)(A) If the Secretary determines pursuant to paragraph (2) that
    an entitlement of a Village Corporation (other than a Village
    Corporation listed in section 1615(a) of this title) or a Regional
    Corporation may be fulfilled by conveying a specific tract of
    surveyed or unsurveyed land, the Secretary and the affected Village
    or Regional Corporation may enter into an agreement providing that
    all land entitlements under this chapter shall be deemed satisfied
    by conveyance of the specifically identified and agreed upon tract
    of land.
      (B) An agreement entered into under subparagraph (A) shall be - 
        (i) in writing;
        (ii) executed by the Secretary and the Village or Regional
      Corporation; and
        (iii) authorized by a corporate resolution adopted by the
      affected Village or Regional Corporation.

      (C) After execution of an agreement under subparagraph (A) and
    conveyance of the agreed upon tract to the affected Village or
    Regional Corporation - 
        (i) the Secretary shall not make any further adjustments to
      calculations relating to acreage entitlements of the Village or
      Regional Corporation; and
        (ii) the Village or Regional Corporation shall not be entitled
      to any further conveyances under this chapter.

      (D) A Village or Regional Corporation shall not be eligible to
    receive land under subparagraph (A) if the Village or Regional
    Corporation has received the full land entitlement of the Village
    or Regional Corporation through - 
        (i) an actual conveyance of land; or
        (ii) a previous agreement.

      (E) If the calculations of the Secretary indicate that the final
    survey boundaries for any Village or Regional Corporation
    entitlement for which an agreement has not been entered into under
    this paragraph include acreage in a quantity that exceeds the
    statutory entitlement of the corporation by  1/10  of 1 percent or
    less, but not more than the applicable acreage limitation specified
    in paragraph (2) - 
        (i) the entitlement shall be considered satisfied by the
      conveyance of the surveyed area; and
        (ii) the Secretary shall not change the survey for the sole
      purpose of an acreage adjustment.

      (F) This paragraph does not limit or otherwise affect the ability
    of a Village or Regional Corporation to enter into land exchanges
    with the United States.
    (e) Surface and/or subsurface estates to Regional Corporations
      Immediately after selection by a Regional Corporation, the
    Secretary shall convey to the Regional Corporation title to the
    surface and/or the subsurface estates, as is appropriate, in the
    lands selected.
    (f) Patents to Village Corporations for surface estates and to
      Regional Corporations for subsurface estates; excepted lands;
      mineral rights, consent of Village Corporations
      When the Secretary issues a patent to a Village Corporation for
    the surface estate in lands pursuant to subsections (a) and (b) of
    this section, he shall issue to the Regional Corporation for the
    region in which the lands are located a patent to the subsurface
    estate in such lands, except lands located in the National Wildlife
    Refuge System and lands withdrawn or reserved for national defense
    purposes, including Naval Petroleum Reserve Numbered 4, for which
    in lieu rights are provided for in section 1611(a)(1) of this
    title: Provided, That the right to explore, develop, or remove
    minerals from the subsurface estate in the lands within the
    boundaries of any Native village shall be subject to the consent of
    the Village Corporation.
    (g) Valid existing rights preserved; saving provisions in patents;
      patentee rights; administration; proportionate rights of patentee
      All conveyances made pursuant to this chapter shall be subject to
    valid existing rights. Where, prior to patent of any land or
    minerals under this chapter, a lease, contract, permit, right-of-
    way, or easement (including a lease issued under section 6(g) of
    the Alaska Statehood Act) has been issued for the surface or
    minerals covered under such patent, the patent shall contain
    provisions making it subject to the lease, contract, permit, right-
    of-way, or easement, and the right of the lessee, contractee,
    permittee, or grantee to the complete enjoyment of all rights,
    privileges, and benefits thereby granted to him. Upon issuance of
    the patent, the patentee shall succeed and become entitled to any
    and all interests of the State or the United States as lessor,
    contractor, permitter, or grantor, in any such leases, contracts,
    permits, rights-of-way, or easements covering the estate patented,
    and a lease issued under section 6(g) of the Alaska Statehood Act
    shall be treated for all purposes as though the patent had been
    issued to the State. The administration of such lease, contract,
    permit, right-of-way, or easement shall continue to be by the State
    or the United States, unless the agency responsible for
    administration waives administration. In the event that the patent
    does not cover all of the land embraced within any such lease,
    contract, permit, right-of-way, or easement, the patentee shall
    only be entitled to the proportionate amount of the revenues
    reserved under such lease, contract, permit, right-of-way, or
    easement by the State or the United States which results from
    multiplying the total of such revenues by a fraction in which the
    numerator is the acreage of such lease, contract, permit, right-of-
    way, or easement which is included in the patent and the
    denominator is the total acreage contained in such lease, contract,
    permit, right-of-way, or easement.
    (h) Authorization for land conveyances; surface and subsurface
      estates
      The Secretary is authorized to withdraw and convey 2 million
    acres of unreserved and unappropriated public lands located outside
    the areas withdrawn by sections 1610 and 1615 of this title, and
    (!1) follows:

        (1)(A) The Secretary may withdraw and convey to the appropriate
      Regional Corporation fee title to existing cemetery sites and
      historical places.
        (B) Only title to the surface estate shall be conveyed for
      lands located in a Wildlife Refuge, when the cemetery or
      historical site is greater than 640 acres.
        (C)(i) Notwithstanding acreage allocations made before December
      10, 2004, the Secretary may convey any cemetery site or
      historical place - 
          (I) with respect to which there is an application on record
        with the Secretary on December 10, 2004; and
          (II) that is eligible for conveyance.

        (ii) Clause (i) shall also apply to any of the 188 closed
      applications that are determined to be eligible and reinstated
      under Secretarial Order No. 3220 dated January 5, 2001.
        (D) No applications submitted for the conveyance of land under
      subparagraph (A) that were closed before December 10, 2004, may
      be reinstated other than those specified in subparagraph (C)(ii).
        (E) After December 10, 2004 - 
          (i) no application may be filed for the conveyance of land
        under subparagraph (A); and
          (ii) no pending application may be amended, except as
        necessary to conform the application to the description in the
        certification of eligibility of the Bureau of Indian Affairs.

        (F) Unless, not later than 1 year after December 10, 2004, a
      Regional Corporation that has filed an application for a historic
      place submits to the Secretary a statement on the significance of
      and the location of the historic place - 
          (i) the application shall not be valid; and
          (ii) the Secretary shall reject the application.

        (G) The State and the head of the Federal agency with
      administrative jurisdiction over the land shall have 30 days to
      provide written comments to the Secretary - 
          (i) identifying any third party interest to which a
        conveyance under subparagraph (A) should be made subject; and
          (ii) describing any easements recommended for reservation.

        (2) The Secretary may withdraw and convey to a Native group
      that does not qualify as a Native village, if it incorporates
      under the laws of Alaska, title to the surface estate in not more
      than 23,040 acres surrounding the Native group's locality. The
      subsurface estate in such land shall be conveyed to the
      appropriate Regional Corporation unless the lands are located in
      a Wildlife Refuge;
        (3) The Secretary may withdraw and convey to the Natives
      residing in Sitka, Kenai, Juneau, and Kodiak, if they incorporate
      under the laws of Alaska, the surface estate of lands of a
      similar character in not more than 23,040 acres of land, which
      shall be located in reasonable proximity to the municipalities.
      The subsurface estate in such lands shall be conveyed to the
      appropriate Regional Corporation unless the lands are located in
      a Wildlife Refuge;
        (4) The Secretary shall withdraw only such lands surrounding
      the villages and municipalities as are necessary to permit the
      conveyance authorized by paragraphs (2) and (3) to be planned and
      effected;
        (5) The Secretary may convey to a Native, upon application
      within two years from December 18, 1971, the surface estate in
      not to exceed 160 acres of land occupied by the Native as a
      primary place of residence on August 31, 1971. Determination of
      occupancy shall be made by the Secretary, whose decision shall be
      final. The subsurface estate in such lands shall be conveyed to
      the appropriate Regional Corporations unless the lands are
      located on a Wildlife Refuge;
        (6) The Secretary shall charge against the 2 million acres
      authorized to be conveyed by this section all allotments approved
      pursuant to section 1617 of this title during the four years
      following December 18, 1971. Any minerals reserved by the United
      States pursuant to the Act of March 8, 1922 (42 Stat. 415), as
      amended [43 U.S.C. 270-11 to 270-13],(!2) in a Native Allotment
      approved pursuant to section 1617 of this title during the period
      December 18, 1971, through December 18, 1975, shall be conveyed
      to the appropriate Regional Corporation, unless such lands are
      located in a Wildlife Refuge or in the Lake Clark areas as
      provided in section 12 of the Act of January 2, 1976 (Public Law
      94-204), as amended.

        (7) The Secretary may withdraw and convey lands out of the
      National Wildlife Refuge System and out of the National Forests,
      for the purposes set forth in paragraphs (1), (2), (3), and (5)
      of this subsection; and
        (8)(A) Any portion of the 2 million acres not conveyed by this
      subsection shall be allocated and conveyed to the Regional
      Corporations on the basis of population.
        (B) Such allocation as the Regional Corporation for
      southeastern Alaska shall receive under this paragraph shall be
      selected and conveyed from lands that were withdrawn by sections
      1615(a) and 1615(d) of this title and not selected by the Village
      Corporations in southeastern Alaska; except lands on Admiralty
      Island in the Angoon withdrawal area and, without the consent of
      the Governor of the State of Alaska or his delegate, lands in the
      Saxman and Yakutat withdrawal areas are not available for
      selection or conveyance under this paragraph.
        (C)(i) Notwithstanding any other provision of this subsection,
      as soon as practicable after December 10, 2004, the Secretary
      shall allocate to a Regional Corporation eligible for an
      allocation under subparagraph (A) the Regional Corporation's
      share of 200,000 acres from lands withdrawn under this
      subsection, to be credited against acreage to be allocated to the
      Regional Corporation under subparagraph (A).
        (ii) Clause (i) shall apply to Chugach Alaska Corporation
      pursuant to the terms of the 1982 CNI Settlement Agreement.
        (iii) With respect to Cook Inlet Region, Inc., or Koniag, Inc. -
       
          (I) clause (i) shall not apply; and
          (II) the portion of the 200,000 acres allocated to Cook Inlet
        Region Inc. or Koniag, Inc., shall be retained by the United
        States.

        (iv) This subparagraph shall not affect any prior agreement
      entered into by a Regional Corporation other than the agreements
      specifically referred to in this subparagraph.
        (9) Where the Regional Corporation is precluded from receiving
      the subsurface estate in lands selected and conveyed pursuant to
      paragraph (1), (2), (3), or (5), or the retained mineral estate,
      if any, pursuant to paragraph (6), it may select the subsurface
      estate in an equal acreage from other lands withdrawn for such
      selection by the Secretary, or, as to Cook Inlet Region,
      Incorporated, from those areas designated for in lieu selection
      in paragraph I.B.(2) of the document identified in section 12(b)
      of Public Law 94-204. Selections made under this paragraph shall
      be contiguous and in reasonably compact tracts except as
      separated by unavailable lands, and shall be in whole sections,
      except where the remaining entitlement is less than six hundred
      and forty acres. The Secretary is authorized to withdraw, up to
      two times the Corporation's entitlement, from vacant,
      unappropriated, and unreserved public lands, including lands
      solely withdrawn pursuant to section 1616(d)(1) of this title,
      and the Regional Corporation shall select such entitlement of
      subsurface estate from such withdrawn lands within ninety days of
      receipt of notification from the Secretary.
        (10)(A) Notwithstanding the provisions of subsection 1621(h) of
      this title the Secretary, upon determining that specific lands
      are available for withdrawal and possible conveyance under this
      subsection, may withdraw such lands for selection by and
      conveyance to an appropriate applicant and such withdrawal shall
      remain until revoked by the Secretary.
        (B) If a Regional Corporation does not have enough valid
      selections on file to fulfill the remaining entitlement of the
      Regional Corporation under paragraph (8), the Secretary may use
      the withdrawal authority under subparagraph (A) to withdraw land
      that is vacant, unappropriated, and unreserved on December 10,
      2004, for selection by, and conveyance to, the Regional
      Corporation to fulfill the entitlement.
        (11) For purposes set forth in paragraphs (1), (2), (3), (5),
      and (6) of this subsection, the term Wildlife Refuges refers to
      Wildlife Refuges as the boundaries of those refuges exist on
      December 18, 1971.

-SOURCE-
    (Pub. L. 92-203, Sec. 14, Dec. 18, 1971, 85 Stat. 702; Pub. L. 95-
    178, Sec. 2, Nov. 15, 1977, 91 Stat. 1369; Pub. L. 96-487, title
    XIV, Secs. 1404, 1405, 1406(a)-(d), Dec. 2, 1980, 94 Stat. 2493,
    2494; Pub. L. 104-42, title I, Sec. 104, Nov. 2, 1995, 109 Stat.
    355; Pub. L. 108-452, title II, Secs. 203-206, Dec. 10, 2004, 118
    Stat. 3583-3585.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 6(g) of the Alaska Statehood Act, referred to in subsec.
    (g), is section 6(g) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339,
    as amended, which is set out as a note preceding section 21 of
    Title 48, Territories and Insular Possessions.
      December 10, 2004, referred to in subsec. (h)(1)(C)(i)(I), (D),
    (E), (F), was in the original "the date of enactment of this
    paragraph", which was translated as meaning the date of enactment
    of Pub. L. 108-452, which amended par. (1) of subsec. (h), to
    reflect the probable intent of Congress.
      Act of March 8, 1922, as amended, referred to in subsec. (h)(6),
    is act Mar. 8, 1922, ch. 96, 42 Stat. 415, as amended, which
    enacted sections 270-11 to 270-13 of this title. Sections 270-11
    and 270-13 of this title were repealed by Pub. L. 94-579, title
    VII, Sec. 703(a), Oct. 21, 1976, 90 Stat. 2789. For complete
    classification of this Act to the Code, see Tables.
      Section 12 of the Act of January 2, 1976 (Public Law 94-204), as
    amended, referred to in subsec. (h)(6), (9), is section 12 of Pub.
    L. 94-204, Jan. 2, 1976, 89 Stat. 1150, which is set out as a note
    under section 1611 of this title.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (d). Pub. L. 108-452, Sec. 203, designated
    existing provisions as par. (1) and added pars. (2) and (3).
      Subsec. (h)(1). Pub. L. 108-452, Sec. 204, designated first
    sentence as subpar. (A) and second sentence as subpar. (B) and
    added subpars. (C) to (G).
      Subsec. (h)(8)(C). Pub. L. 108-452, Sec. 205, added subpar. (C).
      Subsec. (h)(10). Pub. L. 108-452, Sec. 206, designated existing
    provisions as subpar. (A) and added subpar. (B).
      1995 - Subsec. (c). Pub. L. 104-42 inserted last par.
      1980 - Subsec. (c)(1). Pub. L. 96-487, Sec. 1404(a), inserted "as
    of December 18, 1971 (except that occupancy of tracts located in
    the Pribilof Islands shall be determined as of the date of initial
    conveyance of such tracts to the appropriate Village Corporation)"
    after "in the tract occupied".
      Subsec. (c)(2). Pub. L. 96-487, Sec. 1404(b), inserted "as of
    December 18, 1971" after "in any tract occupied".
      Subsec. (c)(3). Pub. L. 96-487, Sec. 1405, inserted provision
    authorizing the Village Corporation and the Municipal Corporation
    or the State in trust to agree to a lesser amount than 1,280 acres
    and requiring any net revenues derived from the sale of surface
    resources harvested or extracted from lands reconveyed be paid to
    the Village Corporation by the Municipal Corporation or the State
    in trust.
      Subsec. (c)(4). Pub. L. 96-487, Sec. 1404(c), inserted "as such
    existed on December 18, 1971" after "navigation aids" and "as such
    airport sites, runways, and other facilities existed as of December
    18, 1971" after "airport runways". Amendment, which directed that
    subsec. (c)(4) end with a period, was executed by substituting ";
    and" to reflect the probable intent of Congress.
      Subsec. (h)(1). Pub. L. 96-487, Sec. 1406(a), inserted provision
    that only title to the surface estate be conveyed for lands located
    in a Wildlife Refuge when the cemetery or historical site is
    greater than 640 acres.
      Subsec. (h)(2), (5). Pub. L. 96-487, Sec. 1406(b), inserted
    "unless the lands are located in a Wildlife Refuge" after "Regional
    Corporation".
      Subsec. (h)(6). Pub. L. 96-487, Sec. 1406(c), substituted
    provision that any minerals reserved by the United States pursuant
    to the Act of Mar. 8, 1922, in a Native Allotment approved pursuant
    to section 1617 of this title during the period Dec. 18, 1971
    through Dec. 18, 1975, be conveyed to the appropriate Regional
    Corporation, unless such lands are located in a Wildlife Refuge or
    in the Lake Clark areas as provided in section 12 of Act Jan. 2,
    1976, for provision that the Secretary charge against the 2 million
    acres authorized all allotments approved pursuant to section 1617
    of this title during the four years following Dec. 18, 1971.
      Subsec. (h)(9) to (11). Pub. L. 96-487, Sec. 1406(d), added pars.
    (9) to (11).
      1977 - Subsec. (h)(8). Pub. L. 95-178 designated existing
    provisions as subpar. (A) and added subpar. (B).

    CLAIM TO SUBSURFACE ESTATE OF LANDS IN WILDLIFE REFUGE; ENTITLEMENT
     TO IN LIEU SURFACE OR SUBSURFACE ESTATE; TIME LIMITATION; WAIVER
      Section 1406(e) of Pub. L. 96-487 provided that: "Any Regional
    Corporation which asserts a claim with the Secretary to the
    subsurface estate of lands selectable under section 14(h) of the
    Alaska Native Claims Settlement Act [subsec. (h) of this section]
    which are in a Wildlife Refuge shall not be entitled to any in lieu
    surface or subsurface estate provided by subsections 12(c)(4) and
    14(h)(9) of such Act [section 1611(c)(4) of this title and subsec.
    (h)(9) of this section]. Any such claim must be asserted within one
    hundred and eighty days after the date of enactment of this Act
    [Dec. 2, 1980]. Failure to assert such claim within the one-hundred-
    and-eighty-day period shall constitute a waiver of any right to
    such subsurface estate in a Wildlife Refuge as the boundaries of
    the refuge existed on the date of enactment of the Alaska Native
    Claims Settlement Act [Dec. 18, 1971]."

    ESCROW ACCOUNT PENDING CONVEYANCE OF WITHDRAWN LANDS; PROCEEDS NOT
      DEPOSITED IN ACCOUNT; PAYMENTS; INTEREST; DEPOSIT OF ACCOUNT IN
    UNITED STATES TREASURY; PUBLIC EASEMENTS; AUTHORITY FOR PAYMENT OUT
                             OF TREASURY FUNDS
      Pub. L. 94-204, Sec. 2, Jan. 2, 1976, 89 Stat. 1146, as amended
    by Pub. L. 96-487, title XIV, Sec. 1411, Dec. 2, 1980, 94 Stat.
    2497; Pub. L. 99-396, Sec. 22, Aug. 27, 1986, 100 Stat. 846; Pub.
    L. 100-581, title II, Sec. 218, Nov. 1, 1988, 102 Stat. 2942,
    provided that:
      "(a)(1) During the period of the appropriate withdrawal for
    selection pursuant to the Settlement Act [this chapter], any and
    all proceeds derived from contracts, leases, licenses, permits,
    rights-of-way, or easements, or from trespass occurring after the
    date of withdrawal of the lands for selection, pertaining to lands
    or resources of lands, including wildlife proceeds received between
    the date of withdrawal and the date of conveyance from harvests on
    lands conveyed pursuant to the Act, withdrawn for Native selection
    pursuant to the Settlement Act shall be deposited in an escrow
    account which shall be held by the Secretary until lands selected
    pursuant to that Act have been conveyed to the selecting
    Corporation or individual entitled to receive benefits under such
    Act.
      "(2) Such proceeds which were received, if any, subsequent to the
    date of withdrawal of the land for selection, but were not
    deposited in the escrow account shall be identified by the
    Secretary within two years of the date of conveyance or this Act
    [probably means Dec. 2, 1980], whichever is later, and shall be
    paid, together with interest payable on the proceeds from the date
    of receipt by the United States to the date of payment to the
    appropriate Corporation or individual to which the land was
    conveyed by the United States: Provided, That the interest on
    proceeds received prior to January 2, 1976, shall be calculated and
    paid at the rate of the earnings on Individual Indian Moneys in the
    custody of the Secretary of the Interior pursuant to sections 463
    and 465 of the Revised Statutes (25 U.S.C. 2 and 9) and invested by
    him pursuant to the Act of June 24, 1938 (25 U.S.C. 162a), from the
    date of receipt to January 2, 1976. Effective January 2, 1976, the
    interest so calculated shall be added to the principal amount of
    such proceeds. The interest on this total amount and on proceeds
    received on or after January 2, 1976, shall be calculated and paid
    as though such proceeds and previously calculated interest had been
    deposited in the escrow account from January 2, 1976, or the date
    of receipt, whichever occurs later, to the date of payment to the
    affected Corporation.[:] Provided further, That any rights of a
    Corporation or individual under this section to such proceeds shall
    be limited to proceeds actually received by the United States plus
    interest: And provided further, That moneys for such payments have
    been appropriated as provided in subsection (e) of this section.
      "(3) Such proceeds which have been deposited in the escrow
    account shall be paid, together with interest accrued by the
    Secretary to the appropriate Corporation or individual upon
    conveyance of the particular withdrawn lands. In the event that a
    conveyance does not cover all of the land embraced within any
    contract, lease, license, permit, right-of-way, easement, or
    trespass, the Corporation or individual shall only be entitled to
    the proportionate amount of the proceeds, including interest
    accrued, derived from such contract, lease, license, permit, right-
    of-way, or easement, which results from multiplying the total of
    such proceeds, including interest accrued, by a fraction in which
    the numerator is the acreage of such contract, lease, license,
    permit, right-of-way, or easement which is included in the
    conveyance and the denominator is the total acreage contained in
    such contract, lease, license, permit, right-of-way, or easement;
    in the case of trespass, the conveyee shall be entitled to the
    proportionate share of the proceeds, including a proportionate
    share of interest accrued, in relation to the damages occurring on
    the respective lands during the period the lands were withdrawn for
    selection.
      "(4) Such proceeds which have been deposited in the escrow
    account pertaining to lands withdrawn but not selected pursuant to
    such Act [this chapter], or selected but not conveyed due to
    rejection or relinquishment of the selection, shall be paid,
    together with interest accrued, as would have been required by law
    were it not for the provisions of 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].
      "(5) Lands withdrawn under this subsection include all Federal
    lands identified under appendices A, B-1, and B-2 of the document
    referred to in section 12 of the Act of January 2, 1976 (Public Law
    94-204) [set out as a note under section 1611 of this title] for
    Cook Inlet Region, Incorporated, and are deemed withdrawn as of the
    date established in subsection (a) of section 2 of the Act of
    January 2, 1976 [this subsection].
      "(b) The Secretary is authorized to deposit in the Treasury of
    the United States the escrow account proceeds referred to in
    subsection (a) of this section, and the United States shall pay
    interest thereon semiannually from the date of deposit to the date
    of payment with simple interest at the rate determined by the
    Secretary of the Treasury to be the rate payable on short-term
    obligations of the United States prevailing at the time of payment:
    Provided, That the Secretary in his discretion may withdraw such
    proceeds from the United States Treasury and reinvest such proceeds
    in the manner provided by the first section of the Act of June 24,
    1938 (52 U.S.C. 1037) [section 162a of Title 25, Indians]: Provided
    further, That this section shall not be construed to create or
    terminate any trust relationship between the United States and any
    corporation or individual entitled to receive benefits under the
    Settlement Act [this chapter].
      "(c) Any and all proceeds from public easements reserved pursuant
    to section 17(b)(3) of the Settlement Act [section 1616(b)(3) of
    this title], from or after the date of enactment of this Act [Jan.
    2, 1976], shall be paid to the grantee of such conveyance in
    accordance with such grantee's proportionate share.
      "(d) To the extent that there is a conflict between the
    provisions of this section and any other Federal laws applicable to
    Alaska, the provisions of this section will govern. Any payment
    made to any corporation or any individual under authority of this
    section shall not be subject to any prior obligation under section
    9(d) or 9(f) of the Settlement Act [section 1608(d) or section
    1608(f) of this title].
      "(e) The Secretary shall calculate the amounts payable pursuant
    to this section and notify the affected Corporation of the results
    of his calculations. The affected Corporation shall have thirty
    days in which to appeal the Secretary's calculations after which
    the Secretary shall promptly make a final determination of the
    amounts payable. The Secretary shall certify such final
    determinations to the Secretary of the Treasury and each
    determination shall constitute a final judgment, award, or
    compromise settlement under section 1304 of title 31 of the United
    States Code. The Secretary of the Treasury is authorized and
    directed to pay such amounts to the appropriate Corporation out of
    funds in the Treasury: Provided, That if the lands from which the
    proceeds and interest entitlement are derived have not been
    conveyed to the selecting Native Corporation at the time the
    Secretary makes his final determination, the Secretary of the
    Treasury is authorized and directed to pay such amount into the
    escrow account where it will earn interest and be disbursed in the
    same manner as other proceeds and interest."

      BOUNDARY BETWEEN SOUTHEASTERN AND CHUGACH REGIONS; HUNTING AND
              FISHING RIGHTS OF NATIVES OF VILLAGE OF YAKUTAT
      Pub. L. 94-204, Sec. 11, Jan. 2, 1976, 89 Stat. 1150, provided
    that: "The boundary between the southeastern and Chugach regions
    shall be the 141st meridian: Provided, That the Regional
    Corporation for the Chugach region shall accord to the Natives
    enrolled to the Village of Yakutat the same rights and privileges
    to use any lands which may be conveyed to the Regional Corporation
    in the vicinity of Icy Bay for such purposes as such Natives have
    traditionally made thereof, including, but not limited to,
    subsistence hunting, fishing and gathering, as the Regional
    Corporation accords to its own shareholders, and shall take no
    unreasonable or arbitrary action relative to such lands for the
    primary purpose and having the effect, of impairing or curtailing
    such rights and privileges."

-FOOTNOTE-
    (!1) So in original. Probably should be "as".

    (!2) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 1614                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1614. Timber sale contracts; modification; timber from
      contingency area

-STATUTE-
      (a) Notwithstanding the provisions of existing National Forest
    timber sale contracts that are directly affected by conveyances
    authorized by this chapter, the Secretary of Agriculture is
    authorized to modify any such contract, with the consent of the
    purchaser, by substituting, to the extent practicable, timber on
    other national forest lands approximately equal in volume, species,
    grade, and accessibility for timber standing on any land affected
    by such conveyances, and, on request of the appropriate Village
    Corporation the Secretary of Agriculture is directed to make such
    substitution to the extent it is permitted by the timber sale
    contract without the consent of the purchaser.
      (b) No land conveyed to a Native Corporation pursuant to this
    chapter or by operation of the Alaska National Interest Lands
    Conservation Act which is within a contingency area designated in a
    timber sale contract let by the United States shall thereafter be
    subject to such contract or to entry or timbering by the
    contractor. Until a Native Corporation has received conveyances to
    all of the land to which it is entitled to receive under the
    appropriate section or subsection of this chapter, for which the
    land was withdrawn or selected, no land in such a contingency area
    that has been withdrawn and selected, or selected, by such
    Corporation under this chapter shall be entered by the timber
    contractor and no timber shall be cut thereon, except by agreement
    with such Corporation. For purposes of this subsection, the term
    "contingency area" means any area specified in a timber sale
    contract as an area from which the timber contractor may harvest
    timber if the volume of timber specified in the contract cannot be
    obtained from one or more areas definitely designated for timbering
    in the contract.

-SOURCE-
    (Pub. L. 92-203, Sec. 15, Dec. 18, 1971, 85 Stat. 705; Pub. L. 96-
    487, title IX, Sec. 908, Dec. 2, 1980, 94 Stat. 2447.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Alaska National Interest Lands Conservation Act, referred to
    subsec. (b), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as
    amended. For complete classification of this Act to the Code, see
    Short Title note set out under section 3101 of Title 16,
    Conservation, and Tables.

-MISC1-
                                AMENDMENTS                            
      1980 - Pub. L. 96-487 designated existing provision as subsec.
    (a) and added subsec. (b).

-End-

-CITE-
    43 USC Sec. 1615                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1615. Withdrawal and selection of public lands; funds in lieu
      of acreage

-STATUTE-
    (a) Withdrawal of public lands; list of Native villages
      All public lands in each township that encloses all or any part
    of a Native village listed below, and in each township that is
    contiguous to or corners on such township, except lands withdrawn
    or reserved for national defense purposes, are hereby withdrawn,
    subject to valid existing rights, from all forms of appropriation
    under the public land laws, including the mining and mineral
    leasing laws, and from selection under the Alaska Statehood Act, as
    amended:
        Angoon, Southeast.
        Craig, Southeast.
        Hoonah, Southeast.
        Hydaburg, Southeast.
        Kake, Southeast.
        Kasaan, Southeast.
        Klawock, Southeast.
        Saxman, Southeast.
        Yakutat, Southeast.
    (b) Native land selections; Village Corporations for listed Native
      villages; acreage; proximity of selections; conformity to Lands
      Survey System
      During a period of three years from December 18, 1971, each
    Village Corporation for the villages listed in subsection (a) of
    this section shall select, in accordance with rules established by
    the Secretary, an area equal to 23,040 acres, which must include
    the township or townships in which all or part of the Native
    village is located, plus, to the extent necessary, withdrawn lands
    from the townships that are contiguous to or corner on such
    townships. All selections shall be contiguous and in reasonably
    compact tracts, except as separated by bodies of water, and shall
    conform as nearly as practicable to the United States Lands Survey
    System.
    (c) Tlingit-Haida settlement
      The funds appropriated by the Act of July 9, 1968 (82 Stat. 307),
    to pay the judgment of the Court of Claims in the case of The
    Tlingit and Haida Indians of Alaska, et al. against The United
    States, numbered 47,900, and distributed to the Tlingit and Haida
    Indians pursuant to the Act of July 13, 1970 (84 Stat. 431) [25
    U.S.C. 1211], are in lieu of the additional acreage to be conveyed
    to qualified villages listed in section 1610 of this title.
    (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
      (1) The Secretary is authorized and directed to withdraw seventy
    thousand acres of public lands, as defined in section 1602 of this
    title, in order that the Village Corporation for the village of
    Klukwan may select twenty-three thousand and forty acres of land.
    Such Corporation and the shareholders thereof shall otherwise
    participate fully in the benefits provided by this chapter to the
    same extent as they would have participated had they not elected to
    acquire title to their former reserve as provided by section
    1618(b) of this title: Provided, That nothing in this subsection
    shall affect the existing entitlement of any Regional Corporation
    to lands pursuant to section 1613(h)(8) of this title: Provided
    further, That no such lands shall be withdrawn from an area
    previously withdrawn as a forest reserve without prior consultation
    with the Secretary of Agriculture: Provided further, That the
    foregoing provisions of this subsection shall not become effective
    unless and until the Village Corporation for the village of Klukwan
    shall quitclaim to Chilkat Indian Village, organized under the
    provisions of the Act of June 18, 1934 (48 Stat. 984), as amended
    by the Act of May 1, 1936 (49 Stat. 1250) [25 U.S.C. 461 et seq.],
    all its right, title, and interest in the lands of the reservation
    defined in and vested by the Act of September 2, 1957 (71 Stat.
    596), which lands are hereby conveyed and confirmed to said Chilkat
    Indian Village in fee simple absolute, free of trust and all
    restrictions upon alienation, encumbrance, or otherwise: Provided
    further, That the United States and the Village Corporation for the
    village of Klukwan shall also quitclaim to said Chilkat Indian
    Village any right or interest they may have in and to income
    derived from the reservation lands defined in and vested by the Act
    of September 2, 1957, after December 18, 1971, and prior to January
    2, 1976.
      (2) The lands withdrawn by the Secretary pursuant to paragraph
    (1) of this subsection shall be located in the southeastern Alaska
    region and shall be of similar character and comparable value, to
    the extent possible, to those of the Chilkat Valley surrounding the
    village of Klukwan. Such withdrawal shall be made within six months
    of October 4, 1976, and the Village Corporation for the village of
    Klukwan shall select, within one year from the time that the
    withdrawal is made, and be conveyed, twenty-three thousand and
    forty acres. None of the lands withdrawn by the Secretary for
    selection by the Village Corporation for the village of Klukwan
    shall have been selected by, or be subject to an outstanding
    nomination for selection by, any other Native Corporation organized
    pursuant to this chapter, or located on Admiralty Island.

-SOURCE-
    (Pub. L. 92-203, Sec. 16, Dec. 18, 1971, 85 Stat. 705; Pub. L. 94-
    204, Secs. 9, 10, Jan. 2, 1976, 89 Stat. 1150; Pub. L. 94-456,
    Sec. 1, Oct. 4, 1976, 90 Stat. 1934; Pub. L. 95-178, Sec. 1, Nov.
    15, 1977, 91 Stat. 1369.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The public land laws, referred to in subsec. (a), are classified
    generally to this title.
      The mining laws and the mineral leasing laws, referred to in
    subsec. (a), are classified generally to Title 30, Mineral Lands
    and Mining.
      The Alaska Statehood Act, as amended, referred to in subsec. (a),
    is Pub. L. 85-508, July 7, 1958, 72 Stat. 239, as amended, which is
    set out as a note preceding section 21 of Title 48, Territories and
    Insular Possessions. For complete classification of this Act to the
    Code, see Tables.
      Act of July 9, 1968 (82 Stat. 307), referred to in subsec. (c),
    is Pub. L. 90-392, July 9, 1968, 82 Stat. 307, known as the Second
    Supplemental Appropriation Act, 1968, which is not classified to
    the Code.
      The United States Court of Claims, referred to in subsec. (c),
    and the United States Court of Customs and Patent Appeals were
    merged effective Oct. 1, 1982, into a new United States Court of
    Appeals for the Federal Circuit by Pub. L. 97-164, Apr. 2, 1982, 96
    Stat. 25, which also created a United States Claims Court [now
    United States Court of Federal Claims] that inherited the trial
    jurisdiction of the Court of Claims. See sections 48, 171 et seq.,
    791 et seq., and 1491 et seq. of Title 28, Judiciary and Judicial
    Procedure.
      Act of July 13, 1970 (84 Stat. 431), referred to in subsec. (c),
    is Pub. L. 91-335, July 13, 1970, 84 Stat. 431, which enacted
    section 1211 of Title 25, Indians. For complete classification of
    this Act to the Code, see Tables.
      Act of June 18, 1934, as amended by the Act of May 1, 1936,
    referred to in subsec. (d)(1), is act June 18, 1934, ch. 576, 48
    Stat. 984, as amended by act May 1, 1936, ch. 254, Sec. 1, 49 Stat.
    1250, popularly known as the Indian Reorganization Act, is
    classified generally to subchapter V (Sec. 461 et seq.) of chapter
    14 of Title 25. For complete classification of this Act to the
    Code, see Short Title note set out under section 461 of Title 25
    and Tables.
      Act of September 2, 1957, referred to in subsec. (d)(1), is Pub.
    L. 85-271, Sept. 2, 1957, 71 Stat. 596, which is not classified to
    the Code.

-MISC1-
                                AMENDMENTS                            
      1977 - Subsec. (b). Pub. L. 95-178 struck out provisions relating
    to allocations received by the Regional Corporation for the
    southeastern Alaska region under section 1613(h)(8) of this title
    and selection and conveyance of such allocated lands.
      1976 - Subsec. (a). Pub. L. 94-456, Sec. 1(a), struck out
    "Klukwan, Southeast." from list of villages.
      Subsec. (b). Pub. L. 94-204, Sec. 10, inserted provisions
    relating to the selection and conveyance of such allocation as the
    Regional Corporation for the southeastern Alaska region shall
    receive.
      Subsec. (d). Pub. L. 94-456, Sec. 1(b), designated existing
    provisions as par. (1), substituting provision relating to
    authorization and direction of Secretary to withdraw lands in order
    that the Village Corporation may select twenty-three thousand and
    forty acres for provision that the lands enclosing and surrounding
    the village which were withdrawn by subsec. (a) are rewithdrawn to
    the same extent and for the same purposes as provided by said
    subsec. (a) for one year from January 2, 1976, during which the
    Village Corporation shall select an area equal to twenty-three
    thousand and forty acres in accordance with subsec. (b) and
    inserting proviso against withdrawal of such lands from an area
    previously withdrawn as a forest reserve without prior consultation
    with the Secretary of Agriculture, and added par. (2).
      Pub. L. 94-204, Sec. 9, added subsec. (d).

-End-

-CITE-
    43 USC Sec. 1616                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1616. Joint Federal-State Land Use Planning Commission for
      Alaska

-STATUTE-
    (a), (b) Omitted
    (c) Prohibition against selection of lands from withdrawn area in
      event of withdrawal of utility and transportation corridor across
      public lands
      In the event that the Secretary withdraws a utility and
    transportation corridor across public lands in Alaska pursuant to
    his existing authority, the State, the Village Corporations and the
    Regional Corporations shall not be permitted to select lands from
    the area withdrawn.
    (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
      (1) Public Land Order Numbered 4582, 34 Federal Register 1025, as
    amended, is hereby revoked. For a period of ninety days after
    December 18, 1971, all unreserved public lands in Alaska are hereby
    withdrawn from all forms of appropriation under the public land
    laws, including the mining (except locations for metalliferous
    minerals) and the mineral leasing laws. During this period of time
    the Secretary shall review the public lands in Alaska and determine
    whether any portion of these lands should be withdrawn under
    authority provided for in existing law to insure that the public
    interest in these lands is properly protected. Any further
    withdrawal shall require an affirmative act by the Secretary under
    his existing authority, and the Secretary is authorized to classify
    or reclassify any lands so withdrawn and to open such lands to
    appropriation under the public land laws in accord with his
    classifications. Withdrawals pursuant to this paragraph shall not
    affect the authority of the Village Corporations, the Regional
    Corporations, and the State to make selections and obtain patents
    within the areas withdrawn pursuant to section 1610 of this title.
      (2)(A) The Secretary, acting under authority provided for in
    existing law, is directed to withdraw from all forms of
    appropriation under the public land laws, including the mining and
    mineral leasing laws, and from selection under the Alaska Statehood
    Act, and from selection by Regional Corporations pursuant to
    section 1610 of this title, up to, but not to exceed, eighty
    million acres of unreserved public lands in the State of Alaska,
    including previously classified lands, which the Secretary deems
    are suitable for addition to or creation as units of the National
    Park, Forest, Wildlife Refuge, and Wild and Scenic Rivers Systems:
    Provided, That such withdrawals shall not affect the authority of
    the State and the Regional and Village Corporations to make
    selections and obtain patents within the areas withdrawn pursuant
    to section 1610 of this title.
      (B) Lands withdrawn pursuant to paragraph (A) hereof must be
    withdrawn within nine months of December 18, 1971. All unreserved
    public lands not withdrawn under paragraph (A) or subsection (d)(1)
    of this section shall be available for selection by the State and
    for appropriation under the public land laws.
      (C) Every six months, for a period of two years from December 18,
    1971, the Secretary shall advise the Congress of the location, size
    and values of lands withdrawn pursuant to paragraph (A) and submit
    his recommendations with respect to such lands. Any lands withdrawn
    pursuant to paragraph (A) not recommended for addition to or
    creation as units of the National Park, Forest, Wildlife Refuge,
    and Wild and Scenic Rivers Systems at the end of the two years
    shall be available for selection by the State and the Regional
    Corporations, and for appropriations under the public land laws.
      (D) Areas recommended by the Secretary pursuant to paragraph (C)
    shall remain withdrawn from any appropriation under the public land
    laws until such time as the Congress acts on the Secretary's
    recommendations, but not to exceed five years from the
    recommendation dates. The withdrawal of areas not so recommended
    shall terminate at the end of the two year period.
      (E) Notwithstanding any other provision of this subsection,
    initial identification of lands desired to be selected by the State
    pursuant to the Alaska Statehood Act and by the Regional
    Corporations pursuant to section 1611 of this title may be made
    within any area withdrawn pursuant to this subsection (d), but such
    lands shall not be tentatively approved or patented so long as the
    withdrawals of such areas remain in effect: Provided, That
    selection of lands by Village Corporations pursuant to section 1611
    of this title shall not be affected by such withdrawals and such
    lands selected may be patented and such rights granted as
    authorized by this chapter. In the event Congress enacts
    legislation setting aside any areas withdrawn under the provisions
    of this subsection which the Regional Corporations or the State
    desired to select, then other unreserved public lands shall be made
    available for alternative selection by the Regional Corporations
    and the State. Any time periods established by law for Regional
    Corporations or State selections are hereby extended to the extent
    that delays are caused by compliance with the provisions of this
    subsection (2).
      (3) Any lands withdrawn under this section shall be subject to
    administration by the Secretary under applicable laws and
    regulations, and his authority to make contracts and to grant
    leases, permits, rights-of-way, or easements shall not be impaired
    by the withdrawal.

-SOURCE-
    (Pub. L. 92-203, Sec. 17, Dec. 18, 1971, 85 Stat. 706; Pub. L. 94-
    204, Sec. 7, Jan. 2, 1976, 89 Stat. 1149.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Alaska Statehood Act, referred to in subsec. (d)(2)(A), (E), is
    Pub. L. 85-508, July 7, 1958, 72 Stat. 339, as amended, which is
    set out as a note preceding section 21 of Title 48, Territories and
    Insular Possessions. For complete classification of this Act to the
    Code, see Tables.
      The public land laws, referred to in subsec. (d)(1), (2)(B) to
    (D), are classified generally to this title.
      The mining laws and the mineral leasing laws, referred to in
    subsec. (d)(1), are classified generally to Title 30, Mineral Lands
    and Mining.

-COD-
                               CODIFICATION                           
      Subsecs. (a) and (b) of this section, which related to the
    establishment, membership, compensation, procedures, duties and
    powers of the Joint Federal-State Land Use Planning Commission for
    Alaska and authorized the Commission to identify public easements
    across selected lands in Alaska, were omitted pursuant to former
    subsec. (a)(10) of this section which provided that the Commission
    was to cease to exist effective June 30, 1979.

-MISC1-
                                AMENDMENTS                            
      1976 - Subsec. (a)(10). Pub. L. 94-204 extended the life of the
    Commission from Dec. 31, 1976 to June 30, 1979, directed the
    submission of multiple reports, with an interim report to be
    submitted on or before May 30, 1976, and extended from May 30, 1976
    to May 30, 1979 the date on or before which the final report shall
    be submitted.

-End-

-CITE-
    43 USC Sec. 1617                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1617. Revocation of Indian allotment authority in Alaska

-STATUTE-
    (a) Revocation of authority
      No Native covered by the provisions of this chapter, and no
    descendant of his, may hereafter avail himself of an allotment
    under the provisions of the Act of February 8, 1887 (24 Stat. 389),
    as amended and supplemented, or the Act of June 25, 1910 (36 Stat.
    363). Further, the Act of May 17, 1906 (34 Stat. 197), as amended,
    is repealed. Notwithstanding the foregoing provisions of this
    section, any application for an allotment that is pending before
    the Department of the Interior on December 18, 1971, may, at the
    option of the Native applicant, be approved and a patent issued in
    accordance with said 1887, 1910, or 1906 Act, as the case may be,
    in which event the Native shall not be eligible for a patent under
    section 1613(h)(5) of this title.
    (b) Charging allotment against statutory grant
      Any allotments approved pursuant to this section during the four
    years following December 18, 1971, shall be charged against the two
    million acre grant provided for in section 1613(h) of this title.
    (c) Relocation of allotment
      (1)(A) Notwithstanding any other provision of law, an allotment
    applicant, who had a valid application pending before the
    Department of the Interior on December 18, 1971, and whose
    application remains pending as of October 14, 1992, may amend the
    land description in the application of the applicant (with the
    advice and approval of the responsible officer of the Bureau of
    Indian Affairs) to describe land other than the land that the
    applicant originally intended to claim if - 
        (i) the application pending before the Department, either
      describes land selected by, tentatively approved to, or patented
      to the State of Alaska or otherwise conflicts with an interest in
      land granted to the State of Alaska by the United States prior to
      the filing of the allotment application;
        (ii) the amended land description describes land selected by,
      tentatively approved to, or patented to the State of Alaska of
      approximately equal acreage in substitution for the land
      described in the original application; and
        (iii) the Commissioner of the Department of Natural Resources
      for the State of Alaska, acting under the authority of State law,
      has agreed to reconvey or relinquish to the United States the
      land, or interest in land, described in the amended application.

      (B) If an application pending before the Department of the
    Interior as described in subparagraph (A) describes land selected
    by, but not tentatively approved to or patented to, the State of
    Alaska, the concurrence of the Secretary of the Interior shall be
    required in order for an application to proceed under this section.
      (2)(A) The Secretary shall accept reconveyance or relinquishment
    from the State of Alaska of the land described in an amended
    application pursuant to paragraph (1)(A), except where the land
    described in the amended application is State-owned land within the
    boundaries of a conservation system unit as defined in the Alaska
    National Interest Lands Conservation Act. Upon acceptance, the
    Secretary shall issue a Native Allotment certificate to the
    applicant for the land reconveyed or relinquished by the State of
    Alaska to the United States.
      (B) The Secretary shall adjust the computation of the acreage
    charged against the land entitlement of the State of Alaska to
    ensure that this subsection will not cause the State to receive
    either more or less than its full land entitlement under section 6
    of the Act entitled "An Act to provide for the admission of the
    State of Alaska into the Union", approved July 7, 1958 (commonly
    referred to as the "Alaska Statehood Act"), and section 906 of the
    Alaska National Interest Lands Conservation Act (43 U.S.C. 1635).
    If the State retains any part of the fee estate, the State shall
    remain charged with the acreage.
    (d) Correction of conveyance documents
      (1) If an allotment application is valid or would have been
    approved under section 1634 of this title had the land described in
    the application been in Federal ownership on December 2, 1980, the
    Secretary may correct a conveyance to a Native Corporation or to
    the State that includes land described in the allotment application
    to exclude the described allotment land with the written
    concurrence of the Native Corporation or the State.
      (2) A written concurrence shall - 
        (A) include a finding that the land description proposed by the
      Secretary is acceptable; and
        (B) attest that the Native Corporation or the State has not - 
          (i) granted any third party rights or taken any other action
        that would affect the ability of the United States to convey
        full title under the Act of May 17, 1906 (34 Stat. 197, chapter
        2469); and
          (ii) stored or allowed the deposit of hazardous waste on the
        land.

      (3) On receipt of an acceptable written concurrence, the
    Secretary, shall - 
        (A) issue a corrected conveyance document to the State or
      Native Corporation, as appropriate; and
        (B) issue a certificate of allotment to the allotment
      applicant.

      (4) No documents of reconveyance from the State or an Alaska
    Native Corporation or evidence of title, other than the written
    concurrence and attestation described in paragraph (2), are
    necessary to use the procedures authorized by this subsection.
    (e) Native allotment revisions on land selected by or conveyed to a
      Native Corporation
      (1) An allotment applicant who had an application pending before
    the Department of the Interior on December 18, 1971, and whose
    application is still open on the records of the Department of the
    Interior as of December 10, 2004, may revise the land description
    in the application to describe land other than the land that the
    applicant originally intended to claim if - 
        (A) the application - 
          (i) describes land selected by or conveyed by interim
        conveyance or patent to a Native Corporation formed to receive
        benefits under this chapter; or
          (ii) otherwise conflicts with an interest in land granted to
        a Native Corporation by the United States;

        (B) the revised land description describes land selected by or
      conveyed by interim conveyance or patent to a Native Corporation
      of approximately equal acreage in substitution for the land
      described in the original application;
        (C) the Director of the Bureau of Land Management has not
      adopted a final plan of survey for the final entitlement of the
      Native Corporation or its successor in interest; and
        (D) the Native Corporation that selected the land or its
      successor in interest provides a corporate resolution authorizing
      reconveyance or relinquishment to the United States of the land,
      or interest in land, described in the revised application.

      (2) The land description in an allotment application may not be
    revised under this section unless the Secretary has determined - 
        (A) that the allotment application is valid or would have been
      approved under section 1634 of this title had the land in the
      allotment application been in Federal ownership on December 2,
      1980;
        (B) in consultation with the administering agency, that the
      proposed revision would not create an isolated inholding within a
      conservation system unit (as defined in section 3102 of title
      16); and
        (C) that the proposed revision will facilitate completion of a
      land transfer in the State.

      (3)(A) On obtaining title evidence acceptable under Department of
    Justice title standards and acceptance of a reconveyance or
    relinquishment from a Native Corporation under paragraph (1), the
    Secretary shall issue a Native allotment certificate to the
    applicant for the land reconveyed or relinquished by the Native
    Corporation.
      (B) Any allotment revised under this section shall, when
    allotted, be made subject to any easement, trail, right-of-way, or
    any third-party interest (other than a fee interest) in existence
    on the revised allotment land on the date of revision.
    (f) Reinstatements and reconstructions
      (1) If an applicant for a Native allotment filed under the Act of
    May 17, 1906 (34 Stat. 197, chapter 2469) petitions the Secretary
    to reinstate a previously closed Native allotment application or to
    accept a reconstructed copy of an application claimed to have been
    timely filed with an agency of the Department of the Interior, the
    United States - 
        (A) may seek voluntary reconveyance of any land described in
      the application that is reinstated or reconstructed after
      December 10, 2004; but
        (B) shall not file an action in any court to recover title from
      a current landowner.

      (2) A certificate of allotment that is issued for any allotment
    application for which a request for reinstatement or reconstruction
    is received or accepted after December 10, 2004 shall be made
    subject to any Federal appropriation, trail, right-of-way,
    easement, or existing third party interest of record, including
    third party interests created by the State, without regard to the
    date on which the Native allotment applicant initiated use and
    occupancy.

-SOURCE-
    (Pub. L. 92-203, Sec. 18, Dec. 18, 1971, 85 Stat. 710; Pub. L. 102-
    415, Sec. 3, Oct. 14, 1992, 106 Stat. 2112; Pub. L. 108-452, title
    III, Secs. 301, 303, 305, Dec. 10, 2004, 118 Stat. 3587, 3588,
    3590.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of February 8, 1887 (24 Stat. 389), referred to in subsec.
    (a), is popularly known as the Indian General Allotment Act. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 331 of Title 25, Indians, and Tables.
      Act of June 25, 1910 (36 Stat. 363), referred to in subsec. (a),
    probably means act June 25, 1910, ch. 431, 36 Stat. 855, which
    enacted section 148 of this title, sections 104 and 107 of former
    Title 18, Criminal Code and Criminal Procedure, sections 47, 93,
    151, 191, 202, 312, 331, 333, 336, 337, 344a, 351, 352, 353, 372,
    373, 403, 406, 407, 408 of Title 25, sections 6a-1 and 16a of Title
    41, Public Contracts. Sections 104 and 107 of former Title 18 were
    repealed in the general revision of that title by act June 25,
    1948, ch. 645, 62 Stat. 683, and were reenacted as sections 1853
    and 1856 of Title 18, Crimes and Criminal Procedure. For complete
    classification of this Act to the Code, see Tables.
      Act of May 17, 1906 (34 Stat. 197), as amended, referred to in
    subsecs. (a), (d)(2)(B)(i), and (f)(1), is act May 17, 1906, ch.
    2469, 34 Stat. 197, which enacted sections 270-1, 270-2, and 270-3
    of this title, and was repealed by Pub. L. 92-203, Sec. 18(a), Dec.
    18, 1971, 85 Stat. 710. For complete classification of this Act to
    the Code, see Tables.
      The Alaska National Interest Lands Conservation Act, referred to
    in subsec. (c)(2)(A), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat.
    2371, as amended. For complete classification of this Act to the
    Code, see Short Title note set out under section 3101 of Title 16,
    Conservation, and Tables.
      Section 6 of the Act entitled "An Act to provide for the
    admission of the State of Alaska into the Union", approved July 7,
    1958 (commonly referred to as the "Alaska Statehood Act"), referred
    to in subsec. (c)(2)(B), is section 6 of Pub. L. 85-508, July 7,
    1958, 72 Stat. 339, as amended, which is set out as a note
    preceding section 21 of Title 48, Territories and Insular
    Possessions.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (d). Pub. L. 108-452, Sec. 301, added subsec. (d).
      Subsec. (e). Pub. L. 108-452, Sec. 303, added subsec. (e).
      Subsec. (f). Pub. L. 108-452, Sec. 305, added subsec. (f).
      1992 - Subsec. (c). Pub. L. 102-415 added subsec. (c).

                    TITLE RECOVERY OF NATIVE ALLOTMENTS                
      Pub. L. 108-452, title III, Sec. 302, Dec. 10, 2004, 118 Stat.
    3588, provided that:
      "(a) In General. - In lieu of the process for the correction of
    conveyance documents available under subsection (d) of section 18
    of the Alaska Native Claims Settlement Act (as added by section
    301) [43 U.S.C. 1617(d)], any Native Corporation may elect to
    reconvey all of the land encompassed by an allotment claim or a
    portion of the allotment claim agreeable to the applicant in
    satisfaction of the entire claim by tendering a valid and
    appropriate deed to the United States.
      "(b) Certificate of Allotment. - If the United States determines
    that the allotment application is valid or would have been approved
    under section 905 of the Alaska National Interests Lands
    Conservation Act (42 U.S.C. 1634) had the land described in the
    allotment application been in Federal ownership on December 2,
    1980, and obtains title evidence acceptable under the Department of
    Justice title standards, the United States shall accept the deed
    from the Native Corporation and issue a certificate of allotment to
    the allotment applicant.
      "(c) Probate Not Required. - If the Native Corporation reconveys
    the entire interest of the Native Corporation in the allotment
    claim of a deceased applicant, the United States may accept the
    deed and issue the certificate of allotment without waiting for a
    determination of heirs or the approval of a will.
      "(d) No Liability. - The United States shall not be subject to
    liability under Federal or State [of Alaska] law for the presence
    of any hazardous substance in land or an interest in land solely as
    a result of any reconveyance to, and transfer by, the United States
    of land or interests in land under this section."

                           COMPENSATORY ACREAGE                       
      Pub. L. 108-452, title III, Sec. 304, Dec. 10, 2004, 118 Stat.
    3589, provided that:
      "(a) In General. - The Secretary [of the Interior] shall adjust
    the acreage entitlement computation records for the State [of
    Alaska] or an affected Native Corporation to account for any
    difference in the amount of acreage between the corrected
    description and the previous description in any conveyance document
    as a result of actions taken under section 18(d) of the Alaska
    Native Claims Settlement Act (as added by section 301) [43 U.S.C.
    1617(d)] or section 18(e) of the Alaska Native Claims Settlement
    Act (as added by section 303), or for other voluntary reconveyances
    to the United States for the purpose of facilitating land transfers
    in the State.
      "(b) Limitation. - No adjustment to the acreage conveyance
    computations shall be made where the State or an affected Native
    Corporation retains a partial estate in the described allotment
    land.
      "(c) Availability of Additional Land. - If, as a result of
    implementation under section 18(d) of the Alaska Native Claims
    Settlement Act (as added by section 301) [43 U.S.C. 1617(d)] or any
    voluntary reconveyance to facilitate a land transfer, a Village
    Corporation has insufficient remaining selections from which to
    receive its full entitlement under the Alaska Native Claims
    Settlement Act, the Secretary may use the authority and procedures
    available under paragraph (3) of section 22(j) of the Alaska Native
    Claims Settlement Act (43 U.S.C. 1621(j)) (as added by section 208)
    to make additional land available for selection by the Village
    Corporation."

                    ALASKA NATIVE ALLOTMENT SUBDIVISION                
      Pub. L. 108-337, Oct. 18, 2004, 118 Stat. 1357, provided that:

      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Alaska Native Allotment
    Subdivision Act'.

      "SEC. 2. DEFINITIONS.
      "In this Act:
        "(1) Restricted land. - The term 'restricted land' means land
      in the State that is subject to Federal restrictions against
      alienation and taxation.
        "(2) Secretary. - The term 'Secretary' means the Secretary of
      the Interior.
        "(3) State. - The term 'State' means the State of Alaska.

      "SEC. 3. SUBDIVISION AND DEDICATION OF ALASKA NATIVE RESTRICTED
        LAND.
      "(a) In General. - An Alaska Native owner of restricted land may,
    subject to the approval of the Secretary - 
        "(1) subdivide the restricted land in accordance with the laws
      of the - 
          "(A) State; or
          "(B) applicable local platting authority; and
        "(2) execute a certificate of ownership and dedication with
      respect to the restricted land subdivided under paragraph (1)
      with the same effect under State law as if the restricted land
      subdivided and dedicated were held by unrestricted fee simple
      title.
      "(b) Ratification of Prior Subdivisions and Dedications. - Any
    subdivision or dedication of restricted land executed before the
    date of enactment of this Act [Oct. 18, 2004] that has been
    approved by the Secretary and by the relevant State or local
    platting authority, as appropriate, shall be considered to be
    ratified and confirmed by Congress as of the date on which the
    Secretary approved the subdivision or dedication.

      "SEC. 4. EFFECT ON STATUS OF LAND NOT DEDICATED.
      "Except in a case in which a specific interest in restricted land
    is dedicated under section 3(a)(2), nothing in this Act terminates,
    diminishes, or otherwise affects the continued existence and
    applicability of Federal restrictions against alienation and
    taxation on restricted land or interests in restricted land
    (including restricted land subdivided under section 3(a)(1))."

-End-

-CITE-
    43 USC Sec. 1618                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 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

-STATUTE-
    (a) Revocation of reserved rights; excepted reserve
      Notwithstanding any other provision of law, and except where
    inconsistent with the provisions of this chapter, the various
    reserves set aside by legislation or by Executive or Secretarial
    Order for Native use or for administration of Native affairs,
    including those created under section 497 of title 25, are hereby
    revoked subject to any valid existing rights of non-Natives. This
    section shall not apply to the Annette Island Reserve established
    by section 495 of title 25 and no person enrolled in the Metlakatla
    Indian community of the Annette Island Reserve shall be eligible
    for benefits under this chapter.
    (b) Acquisition of title to surface and subsurface estates in
      reserve; election of Village Corporations
      Notwithstanding any other provision of law or of this chapter,
    any Village Corporation or Corporations may elect within two years
    to acquire title to the surface and subsurface estates in any
    reserve set aside for the use or benefit of its stockholders or
    members prior to December 18, 1971. If two or more villages are
    located on such reserve, the election must be made by all of the
    members or stockholders of the Village Corporations concerned. In
    such event, the Secretary shall convey the land to the Village
    Corporation or Corporations, subject to valid existing rights as
    provided in section 1613(g) of this title, and the Village
    Corporation shall not be eligible for any other land selections
    under this chapter or to any distribution of Regional Corporations
    funds pursuant to section 1606 of this title, and the enrolled
    residents of the Village Corporation shall not be eligible to
    receive Regional Corporation stock.
    (c) Restoration of land to Elim Native Corporation
      (1) Findings
        The Congress finds that - 
          (A) approximately 350,000 acres of land were withdrawn by
        Executive orders in 1917 for the use of the United States
        Bureau of Education and of the Natives of Indigenous Alaskan
        race;
          (B) these lands comprised the Norton Bay Reservation (later
        referred to as Norton Bay Native Reserve) and were set aside
        for the benefit of the Native inhabitants of the Eskimo Village
        of Elim, Alaska;
          (C) in 1929, 50,000 acres of land were deleted from the
        Norton Bay Reservation by Executive order;
          (D) the lands were deleted from the Reservation for the
        benefit of others;
          (E) the deleted lands were not available to the Native
        inhabitants of Elim under subsection (b) of this section at the
        time of passage of this chapter;
          (F) the deletion of these lands has been and continues to be
        a source of deep concern to the indigenous people of Elim; and
          (G) until this matter is dealt with, it will continue to be a
        source of great frustration and sense of loss among the
        shareholders of the Elim Native Corporation and their
        descendants.
      (2) Withdrawal
        The lands depicted and designated "Withdrawal Area" on the map
      dated October 19, 1999, along with their legal descriptions, on
      file with the Bureau of Land Management, and entitled "Land
      Withdrawal Elim Native Corporation", are hereby withdrawn,
      subject to valid existing rights, from all forms of appropriation
      or disposition under the public land laws, including the mining
      and mineral leasing laws, for a period of 2 years from May 2,
      2000, for selection by the Elim Native Corporation (hereinafter
      referred to as "Elim").
      (3) Authority to select and convey
        Elim is authorized to select in accordance with the rules set
      out in this paragraph, 50,000 acres of land (hereinafter referred
      to as "Conveyance Lands") within the boundary of the Withdrawal
      Area described in paragraph (2). The Secretary is authorized and
      directed to convey to Elim in fee the surface and subsurface
      estates to 50,000 acres of valid selections in the Withdrawal
      Area, subject to the covenants, reservations, terms and
      conditions and other provisions of this subsection.
          (A) Elim shall have 2 years from May 2, 2000, in which to
        file its selection of no more than 60,000 acres of land from
        the area described in paragraph (2). The selection application
        shall be filed with the Bureau of Land Management, Alaska State
        Office, shall describe a single tract adjacent to United States
        Survey No. 2548, Alaska, and shall be reasonably compact,
        contiguous, and in whole sections except when separated by
        unavailable land or when the remaining entitlement is less than
        a whole section. Elim shall prioritize its selections made
        pursuant to this subsection at the time such selections are
        filed, and such prioritization shall be irrevocable. Any lands
        selected shall remain withdrawn until conveyed or full
        entitlement has been achieved.
          (B) The selection filed by Elim pursuant to this subsection
        shall be subject to valid existing rights and may not supercede
        prior selections of the State of Alaska, any Native
        corporation, or valid entries of any private individual unless
        such selection or entry is relinquished, rejected, or abandoned
        prior to conveyance to Elim.
          (C) Upon receipt of the Conveyance Lands, Elim shall have all
        legal rights and privileges as landowner, subject only to the
        covenants, reservations, terms and conditions specified in this
        subsection.
          (D) Selection by Elim of lands under this subsection and
        final conveyance of those lands to Elim shall constitute full
        satisfaction of any claim of entitlement of Elim with respect
        to its land entitlement.
      (4) Covenants, reservations, terms and conditions
        The covenants, reservations, terms and conditions set forth in
      this paragraph and in paragraphs (5) and (6) with respect to the
      Conveyance Lands shall run with the land and shall be
      incorporated into the interim conveyance, if any, and patent
      conveying the lands to Elim.
          (A) Consistent with paragraph (3)(C) and subject to the
        applicable covenants, reservations, terms and conditions
        contained in this paragraph and paragraphs (5) and (6), Elim
        shall have all rights to the timber resources of the Conveyance
        Lands for any use including, but not limited to, construction
        of homes, cabins, for firewood and other domestic uses on any
        Elim lands: Provided, That cutting and removal of Merchantable
        Timber from the Conveyance Lands for sale shall not be
        permitted: Provided further, That Elim shall not construct
        roads and related infrastructure for the support of such
        cutting and removal of timber for sale or permit others to do
        so. "Merchantable Timber" means timber that can be harvested
        and marketed by a prudent operator.
          (B) Public Land Order 5563 of December 16, 1975, which made
        hot or medicinal springs available to other Native Corporations
        for selection and conveyance, is hereby modified to the extent
        necessary to permit the selection by Elim of the lands
        heretofore encompassed in any withdrawal of hot or medicinal
        springs and is withdrawn pursuant to this subsection. The
        Secretary is authorized and directed to convey such selections
        of hot or medicinal springs (hereinafter referred to as "hot
        springs") subject to applicable covenants, reservations, terms
        and conditions contained in paragraphs (5) and (6).
          (C) Should Elim select and have conveyed to it lands
        encompassing portions of the Tubutulik River or Clear Creek, or
        both, Elim shall not permit surface occupancy or knowingly
        permit any other activity on those portions of land lying
        within the bed of or within 300 feet of the ordinary high
        waterline of either or both of these water courses for purposes
        associated with mineral or other development or activity if
        they would cause or are likely to cause erosion or siltation of
        either water course to an extent that would significantly
        adversely impact water quality or fish habitat.
      (5) Rights retained by the United States
        With respect to conveyances authorized in paragraph (3), the
      following rights are retained by the United States:
          (A) To enter upon the conveyance lands, after providing
        reasonable advance notice in writing to Elim and after
        providing Elim with an opportunity to have a representative
        present upon such entry, in order to achieve the purpose and
        enforce the terms of this paragraph and paragraphs (4) and (6).
          (B) To have, in addition to such rights held by Elim, all
        rights and remedies available against persons, jointly or
        severally, who cut or remove Merchantable Timber for sale.
          (C) In cooperation with Elim, the right, but not the
        obligation, to reforest in the event previously existing
        Merchantable Timber is destroyed by fire, wind, insects,
        disease, or other similar manmade or natural occurrence
        (excluding manmade occurrences resulting from the exercise by
        Elim of its lawful rights to use the Conveyance Lands).
          (D) The right of ingress and egress over easements under
        section 1616(b) (!1) of this title for the public to visit, for
        noncommercial purposes, hot springs located on the Conveyance
        Lands and to use any part of the hot springs that is not
        commercially developed.

          (E) The right to enter upon the lands containing hot springs
        for the purpose of conducting scientific research on such hot
        springs and to use the results of such research without
        compensation to Elim. Elim shall have an equal right to conduct
        research on the hot springs and to use the results of such
        research without compensation to the United States.
          (F) A covenant that commercial development of the hot springs
        by Elim or its successors, assigns, or grantees shall include
        the right to develop only a maximum of 15 percent of the hot
        springs and any land within  1/4  mile of the hot springs. Such
        commercial development shall not alter the natural hydrologic
        or thermal system associated with the hot springs. Not less
        than 85 percent of the lands within  1/4  mile of the hot
        springs shall be left in their natural state.
          (G) The right to exercise prosecutorial discretion in the
        enforcement of any covenant, reservation, term or condition
        shall not waive the right to enforce any covenant, reservation,
        term or condition.
      (6) General
        (A) Memorandum of Understanding
          The Secretary and Elim shall, acting in good faith, enter
        into a Memorandum of Understanding (hereinafter referred to as
        the "MOU") to implement the provisions of this subsection. The
        MOU shall include among its provisions reasonable measures to
        protect plants and animals in the hot springs on the Conveyance
        Lands and on the land within  1/4  mile of the hot springs. The
        parties shall agree to meet periodically to review the matters
        contained in the MOU and to exercise their right to amend,
        replace, or extend the MOU. Such reviews shall include the
        authority to relocate any of the easements set forth in
        subparagraph (D) if the parties deem it advisable.
        (B) Incorporation of terms
          Elim shall incorporate the covenants, reservations, terms and
        conditions, in this subsection in any deed or other legal
        instrument by which it divests itself of any interest in all or
        a portion of the Conveyance Lands, including without
        limitation, a leasehold interest.
        (C) Section 1616(b) easements
          The Bureau of Land Management, in consultation with Elim,
        shall reserve in the conveyance to Elim easements to the United
        States pursuant to subsection (!2) 1616(b) (!1) of this title
        that are not in conflict with other easements specified in this
        paragraph.

        (D) Other easements
          The Bureau of Land Management, in consultation with Elim,
        shall reserve easements which shall include the right of the
        public to enter upon and travel along the Tubutulik River and
        Clear Creek within the Conveyance Lands. Such easements shall
        also include easements for trails confined to foot travel
        along, and which may be established along each bank of, the
        Tubutulik River and Clear Creek. Such trails shall be 25 feet
        wide and upland of the ordinary high waterline of the water
        courses. The trails may deviate from the banks as necessary to
        go around man-made or natural obstructions or to portage around
        hazardous stretches of water. The easements shall also include
        one-acre sites along the water courses at reasonable intervals,
        selected in consultation with Elim, which may be used to launch
        or take out water craft from the water courses and to camp in
        non-permanent structures for a period not to exceed 24 hours
        without the consent of Elim.
        (E) Inholders
          The owners of lands held within the exterior boundaries of
        lands conveyed to Elim shall have all rights of ingress and
        egress to be vested in the inholder and the inholder's agents,
        employees, co-venturers, licensees, subsequent grantees, or
        invitees, and such easements shall be reserved in the
        conveyance to Elim. The inholder may not exercise the right of
        ingress and egress in a manner that may result in substantial
        damage to the surface of the lands or make any permanent
        improvements on Conveyance Lands without the prior consent of
        Elim.
        (F) Iditarod trail
          The Bureau of Land Management may reserve an easement for the
        Iditarod National Historic Trail in the conveyance to Elim.
      (7) Implementation
        There are authorized to be appropriated such sums as may be
      necessary to implement this subsection.

-SOURCE-
    (Pub. L. 92-203, Sec. 19, Dec. 18, 1971, 85 Stat. 710; Pub. L. 106-
    194, Sec. 1, May 2, 2000, 114 Stat. 239.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The time of passage of this chapter, referred to in subsec.
    (c)(1)(E), probably means the date of enactment of Pub. L. 92-203,
    which was approved Dec. 18, 1971.
      The public land laws, referred to in subsec. (c)(2), are
    classified generally to this title.
      The mining laws and the mineral leasing laws, referred to in
    subsec. (c)(2), are classified generally to Title 30, Mineral Lands
    and Mining.
      Section 1616(b) of this title, referred to in subsec. (c)(5)(D),
    (6)(C) was omitted from the Code.

-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (c). Pub. L. 106-194 added subsec. (c).

    GRANTS TO NATIVE GROUP CORPORATIONS FOR PLANNING, DEVELOPMENT, AND
                              OTHER PURPOSES
      Pub. L. 96-487, title XIV, Sec. 1413, Dec. 2, 1980, 94 Stat.
    2498, provided that: "The Secretary shall pay by grant to each of
    the Native Group Corporations established pursuant to section
    14(h)(2) of the Alaska Native Claims Settlement Act [section
    1613(h)(2) of this title] and finally certified as a Native Group,
    an amount not more than $100,000 or less than $50,000 adjusted
    according to population of each Group. Funds authorized under this
    section may be used only for planning, development, and other
    purposes for which the Native Group Corporations are organized
    under the Settlement Act [this chapter]."

    GRANTS TO VILLAGE CORPORATIONS FOR PLANNING, DEVELOPMENT AND OTHER
                                 PURPOSES
      Pub. L. 94-204, Sec. 14, Jan. 2, 1976, 89 Stat. 1154, provided
    that:
      "(a) The Secretary shall pay, by grant, $250,000 to each of the
    corporations established pursuant to section 14(h)(3) of the
    Settlement Act [section 1613(h)(3) of this title].
      "(b) The Secretary shall pay, by grant, $100,000 to each of the
    following Village Corporations:
        "(1) Arctic Village;
        "(2) Elim;
        "(3) Gambell;
        "(4) Savoonga;
        "(5) Tetlin; and
        "(6) Venetie.
      "(c) Funds authorized under this section may be used only for
    planning, development, and other purposes for which the
    corporations set forth in subsections (a) and (b) are organized
    under the Settlement Act [this chapter].
      "(d) There is authorized to be appropriated to the Secretary for
    the purpose of this section a sum of $1,600,000 in fiscal year
    1976."

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. Probably should be "section".

-End-

-CITE-
    43 USC Sec. 1619                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1619. Attorney and consultant fees

-STATUTE-
    (a) Holding moneys in Fund for authorized payments
      The Secretary of the Treasury shall hold in the Alaska Native
    Fund, from the appropriation made pursuant to section 1605 of this
    title for the second fiscal year, moneys sufficient to make the
    payments authorized by this section.
    (b) Claims; submission
      A claim for attorney and consultant fees and out-of-pocket
    expenses may be submitted to the Chief Commissioner of the United
    States Court of Claims for services rendered before December 18,
    1971, to any Native tribe, band, group, village, or association in
    connection with:
        (1) the preparation of this chapter and previously proposed
      Federal legislation to settle Native claims based on aboriginal
      title, and
        (2) the actual prosecution pursuant to an authorized contract
      or a cause of action based upon a claim pending before any
      Federal or State Court or the Indians Claims Commission that is
      dismissed pursuant to this chapter.
    (c) Final date for filing of claims; form; information
      A claim under this section must be filed with the clerk of the
    Court of Claims within one year from December 18, 1971, and shall
    be in such form and contain such information as the Chief
    Commissioner shall prescribe. Claims not so filed shall be forever
    barred.
    (d) Rules for receipt, determination, and settlement of claims
      The Chief Commissioner or his delegate is authorized to receive,
    determine, and settle such claims in accordance with the following
    rules:
      (1) No claim shall be allowed if the claimant has otherwise been
    reimbursed.
      (2) The amount allowed for services shall be based on the nature
    of the service rendered, the time and labor required, the need for
    providing the service, whether the service was intended to be a
    voluntary public service or compensable, the existence of a bona
    fide attorney-client relationship with an identified client, and
    the relationship of the service rendered to the enactment of
    proposed legislation. The amount allowed shall not be controlled by
    any hourly charge customarily charged by the claimant.
      (3) The amount allowed for out-of-pocket expenses shall not
    include office overhead, and shall be limited to expenses that were
    necessary, reasonable, unreimbursed and actually incurred.
      (4) The amounts allowed for services rendered shall not exceed in
    the aggregate $2,000,000, of which not more than $100,000 shall be
    available for the payment of consultants' fees. If the approved
    claims exceed the aggregate amounts allowable, the Chief
    Commissioner shall authorize payment of the claims on a pro rata
    basis.
      (5) Upon the filing of a claim, the clerk of the Court of Claims
    shall forward a copy of such claims to the individuals or entities
    on whose behalf services were rendered or fees and expenses were
    allegedly incurred, as shown by the pleadings, to the Attorney
    General of the United States, to the Attorney General of the State
    of Alaska, to the Secretary of the Interior, and to any other
    person who appears to have an interest in the claim, and shall give
    such persons ninety days within which to file an answer contesting
    the claim.
      (6) The Chief Commissioner may designate a trial commissioner for
    any claim made under this section and a panel of three
    commissioners of the court to serve as a reviewing body. One member
    of the review panel shall be designated as presiding commissioner
    of the panel.
      (7) Proceedings in all claims shall be pursuant to rules and
    orders prescribed for the purpose by the Chief Commissioner who is
    hereby authorized and directed to require the application of the
    pertinent rules of practice of the Court of Claims insofar as
    feasible. Claimants may appear before a trial commissioner in
    person or by attorney, and may produce evidence and examine
    witnesses. In the discretion of the Chief Commissioner or his
    designate, hearings may be held in the localities where the
    claimants reside if convenience so demands.
      (8) Each trial commissioner and each review panel shall have
    authority to do and perform any acts which may be necessary or
    proper for the efficient performance of their duties, and shall
    have the power of subpena, the power to order audit of books and
    records, and the power to administer oaths and affirmations. Any
    sanction authorized by the rules of practice of the Court of
    Claims, except contempt, may be imposed on any claimant, witness,
    or attorney by the trial commissioner, review panel, or Chief
    Commissioner. None of the rules, regulations, rulings, findings, or
    conclusions authorized by this section shall be subject to judicial
    review.
      (9) The findings and conclusions of the trial commissioner shall
    be submitted by him, together with the record in the case, to the
    review panel of commissioners for review by it pursuant to such
    rules as may be provided for the purpose, which shall include
    provision for submitting the decision of the trial commissioner to
    the claimant and any party contesting the claim for consideration,
    exception, and argument before the panel. The panel, by majority
    vote, shall adopt or modify the findings or the conclusions of the
    trial commissioner.
      (10) The Court of Claims is hereby authorized and directed, under
    such conditions as it may prescribe, to provide the facilities and
    services of the office of the clerk of the court for the filing,
    processing, hearing, and dispatch of claims made pursuant to this
    section and to include within its annual appropriations the costs
    thereof and other costs of administration, including (but without
    limitation to the items herein listed) the salaries and traveling
    expenses of its auditors and the commissioners serving as trial
    commissioners and panel members, mailing and service of process,
    necessary physical facilities, equipment, and supplies, and
    personnel (including secretaries, reporters, auditors, and law
    clerks).
    (e) Report to Congress; payment of claims; interest restriction
      The Chief Commissioner shall certify to the Secretary of the
    Treasury, and report to the Congress, the amount of each claim
    allowed and the name and address of the claimant. The Secretary of
    the Treasury shall pay to such person from the Alaska Native Fund
    the amounts certified. No award under this section shall bear
    interest.
    (f) Contract restriction; penalty
      (1) No remuneration on account of any services or expenses for
    which a claim is made or could be made pursuant to this section
    shall be received by any person for such services and expenses in
    addition to the amount paid in accordance with this section, and
    any contract or agreement to the contrary shall be void.
      (2) Any person who receives, and any corporation or association
    official who pays, on account of such services and expenses, any
    remuneration in addition to the amount allowed in accordance with
    this section shall be guilty of a misdemeanor and, upon conviction
    thereof, shall be fined not more than $5,000, or imprisoned not
    more than twelve months, or both.
    (g) Claims for costs in performance of certain services:
      submission, form, information, reasonableness, pro rata
      reductions; report to Congress; payment of claims; interest
      restriction
      A claim for actual costs incurred in filing protests, preserving
    land claims, advancing land claims settlement legislation, and
    presenting testimony to the Congress on proposed Native land claims
    may be submitted to the Chief Commissioner of the Court of Claims
    by any bona fide association of Natives. The claim must be
    submitted within six months from December 18, 1971, and shall be in
    such form and contain such information as the Chief Commissioner
    shall prescribe. The Chief Commissioner shall allow such amounts as
    he determines are reasonable, but he shall allow no amount for
    attorney and consultant fees and expenses which shall be
    compensable solely under subsection (b) through (e) of this
    section. If approved claims under this subsection aggregate more
    than $600,000, each claim shall be reduced on a pro rata basis. The
    Chief Commissioner shall certify to the Secretary of the Treasury,
    and report to the Congress, the amount of each claim allowed and
    the name and address of the claimant. The Secretary of the Treasury
    shall pay to such claimant from the Alaska Native Fund the amount
    certified. No award under this subsection shall bear interest.

-SOURCE-
    (Pub. L. 92-203, Sec. 20, Dec. 18, 1971, 85 Stat. 710.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The United States Court of Claims, referred to in subsecs. (b),
    (c), (d)(5), (7), (8), (10), and (g), and the United States Court
    of Customs and Patent Appeals were merged effective Oct. 1, 1982,
    into a new United States Court of Appeals for the Federal Circuit
    by Pub. L. 97-164, Apr. 2, 1982, 96 Stat. 25, which also created a
    United States Claims Court [now United States Court of Federal
    Claims] that inherited the trial jurisdiction of the Court of
    Claims. See sections 48, 171 et seq., 791 et seq., and 1491 et seq.
    of Title 28, Judiciary and Judicial Procedure.

-CHANGE-
                              CHANGE OF NAME                          
      "Chief Commissioner" and "trial commissioner" of the Court of
    Claims redesignated "chief of the trial division" and "trial
    judge", respectively, by General Order No. 2 of 1973 of United
    States Court of Claims, issued August 1, 1973. Redesignation
    applicable in all proceedings other than Congressional references
    cases.

-End-

-CITE-
    43 USC Sec. 1620                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1620. Taxation

-STATUTE-
    (a) Fund revenues exemption; investment income taxable
      Revenues originating from the Alaska Native Fund shall not be
    subject to any form of Federal, State, or local taxation at the
    time of receipt by a Regional Corporation, Village Corporation, or
    individual Native through dividend distributions (even if the
    Regional Corporation or Village Corporation distributing the
    dividend has not segregated revenue received from the Alaska Native
    Fund from revenue received from other sources) or in any other
    manner. This exemption shall not apply to income from the
    investment of such revenues.
    (b) Shares of stock exemption
      The receipt of shares of stock in the Regional or Village
    Corporations by or on behalf of any Native shall not be subject to
    any form of Federal, State or local taxation.
    (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
      The receipt of land or any interest therein pursuant to this
    chapter or of cash in order to equalize the values of properties
    exchanged pursuant to section 1621(f) of this title shall not be
    subject to any form of Federal, State, or local taxation. The basis
    for determining gain or loss from the sale or other disposition of
    such land or interest in land for purposes of any Federal, State,
    or local tax imposed on or measured by income shall be the fair
    value of such land or interest in land at the time of receipt,
    adjusted as provided in section 1016 of title 26, as amended:
    Provided, however, That the basis of any such land or interest
    therein attributable to an interest in a mine, well, other natural
    deposit, or block of timber shall be not less than the fair value
    of such mine, well, natural deposit, or block of timber (or such
    interest therein as the Secretary shall convey) at the time of the
    first commercial development thereof, adjusted as provided in
    section 1016 of title 26. For purposes of this subsection, the time
    of receipt of land or any interest therein shall be the time of the
    conveyance by the Secretary of such land or interest (whether by
    interim conveyance or patent).
    (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
      (1) Real property interests conveyed, pursuant to this chapter,
    to a Native individual, Native Group, Village or Regional
    Corporation or corporation established pursuant to section
    1613(h)(3) of this title which are not developed or leased to third
    parties or which are used solely for the purposes of exploration
    shall be exempt from State and local real property taxes for a
    period of twenty years from the vesting of title pursuant to the
    Alaska National Interest Lands Conservation Act or the date of
    issuance of an interim conveyance or patent, whichever is earlier,
    for those interests to such individual, group, or corporation:
    Provided, That municipal taxes, local real property taxes, or local
    assessments may be imposed upon any portion of such interest within
    the jurisdiction of any governmental unit under the laws of the
    State which is leased or developed for purposes other than
    exploration for so long as such portion is leased or being
    developed: Provided further, That easements, rights-of-way,
    leaseholds, and similar interests in such real property may be
    taxed in accordance with State or local law. All rents, royalties,
    profits, and other revenues or proceeds derived from such property
    interests shall be taxable to the same extent as such revenues or
    proceeds are taxable when received by a non-Native individual or
    corporation.
      (2) Any real property interest, not developed or leased to third
    parties, acquired by a Native individual, Native Group, Village or
    Regional Corporation, or corporation established pursuant to
    section 1613(h)(3) of this title in exchange for real property
    interests which are exempt from taxation pursuant to paragraph (1)
    of this subsection shall be deemed to be a property interest
    conveyed pursuant to this chapter and shall be exempt from taxation
    as if conveyed pursuant to this chapter, when such an exchange is
    made with the Federal Government, the State government, a municipal
    government, or another Native Corporation, or, if neither party to
    the exchange receives a cash value greater than 25 per centum of
    the value of the land exchanged, a private party. In the event that
    a Native Corporation simultaneously exchanges two or more tracts of
    land having different periods of tax exemption pursuant to this
    subsection, the periods of tax exemption for the exchanged lands
    received by such Native Corporation shall be determined (A) by
    calculating the percentage that the acreage of each tract given up
    bears to the total acreage given up, and (B) by applying such
    percentages and the related periods of tax exemption to the acreage
    received in exchange.
    (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
      Real property interests conveyed pursuant to this chapter to a
    Native individual, Native group, corporation organized under
    section 1613(h)(3) of this title, or Village or Regional
    Corporation shall, so long as the fee therein remains not subject
    to State or local taxes on real estate, continue to be regarded as
    public lands for the purpose of computing the Federal share of any
    highway project pursuant to title 23, as amended and supplemented,
    for the purpose of the Johnson-O'Malley Act of April 16, 1934, as
    amended (25 U.S.C. 452), and for the purpose of Public Laws 815 and
    874, 81st Congress (64 Stat. 967, 1100). So long as there are no
    substantial revenues from such lands they shall continue to receive
    wildland fire protection services from the United States at no
    cost.
    (f) Stocks of Regional and Village Corporations exempt from estate
      taxes; period of exemption
      Until January 1, 1992, stock of any Regional Corporation
    organized pursuant to section 1606 of this title, including the
    right to receive distributions under subsection 1606(j) of this
    title, and stock of any Village Corporation organized pursuant to
    section 1607 of this title shall not be includable in the gross
    estate of a decedent under sections 2031 and 2033, or any successor
    provisions, of title 26.
    (g) Resource information or analysis; professional or technical
      services
      In the case of any Native Corporation established pursuant to
    this chapter, income for purposes of any form of Federal, State, or
    local taxation shall not be deemed to include the value of - 
        (1) the receipt, acquisition, or use of any resource
      information or analysis (including the receipt of any right of
      access to such information or analysis) relating to lands or
      interests therein conveyed, selected but not conveyed, or
      available for selection pursuant to this chapter;
        (2) the promise or performance by any person or by any Federal,
      State, or local government agency of any professional or
      technical services relating to the resources of lands or
      interests therein conveyed, selected but not conveyed, or
      available for selection pursuant to this chapter, including, but
      not limited to, services in connection with exploration on such
      lands for oil, gas, or other minerals; and
        (3) the expenditure of funds, incurring of costs, or the use of
      any equipment or supplies by any person or any Federal, State, or
      local government agency, or any promise, agreement, or other
      arrangement by such person or agency to expend funds or use any
      equipment or supplies for the purpose of creating, developing, or
      acquiring the resource information or analysis described in
      paragraph (1) or for the purpose of performing or otherwise
      furnishing the services described in paragraph (2): Provided,
      That this paragraph shall not apply to any funds paid to a Native
      Corporation established pursuant to this chapter or to any
      subsidiary thereof.

    This subsection shall be effective as of December 18, 1971, and,
    with respect to each Native Corporation, shall remain in full force
    and effect for a period of twenty years thereafter or until the
    Corporation has received conveyance of its full land entitlement,
    whichever first occurs. Except as set forth in this subsection and
    in subsection (d) of this section all rents, royalties, profits,
    and other revenues or proceeds derived from real property interests
    selected and conveyed pursuant to sections 1611 and 1613 of this
    title shall be taxable to the same extent as such revenues or
    proceeds are taxable when received by a non-Native individual or
    corporation.
    (h) Date of incorporation as date of trade or business; ordinary
      and necessary expenses
      (1) Notwithstanding any other provision of law, each Native
    Corporation established pursuant to this chapter shall be deemed to
    have become engaged in carrying on a trade or business as of the
    date it was incorporated for purposes of any form of Federal,
    State, or local taxation.
      (2) All expenses heretofore or hereafter paid or incurred by a
    Native Corporation established pursuant to this chapter in
    connection with the selection or conveyance of lands pursuant to
    this chapter, or in assisting another Native Corporation within or
    for the same region in the selection or conveyance of lands under
    this chapter, shall be deemed to be or to have been ordinary and
    necessary expenses of such Corporation, paid or incurred in
    carrying on a trade or business for purposes of any form of
    Federal, State, or local taxation.
    (i) Personal Holding Company Act exemption
      No Corporation created pursuant to this chapter shall be
    considered to be a personal holding company within the meaning of
    section 542(a) of title 26 prior to January 1, 1992.
    (j) Shareholder homesites
      A real property interest distributed by a Native Corporation to a
    shareholder of such Corporation pursuant to a program to provide
    homesites to its shareholders, shall be deemed conveyed and
    received pursuant to this chapter: Provided, That alienability of
    the Settlement Common Stock of the Corporation has not been
    terminated pursuant to section 1629c of this title: Provided
    further, That the land received is restricted by covenant for a
    period not less than ten years to single-family (including
    traditional extended family customs) residential occupancy, and by
    such other covenants and retained interests as the Native
    Corporation deems appropriate: Provided further, That the land
    conveyed does not exceed one and one-half acres: Provided further,
    That if the shareholder receiving the homesite subdivides such
    homesite, he or she shall pay all Federal, State, and local taxes
    that would have been incurred but for this subsection together with
    simple interest at 6 per centum per annum calculated from the date
    of receipt of the homesite, including taxes or assessments for the
    provision of road access and water and sewage facilities by the
    conveying corporation or the shareholder.

-SOURCE-
    (Pub. L. 92-203, Sec. 21, Dec. 18, 1971, 85 Stat. 713; Pub. L. 94-
    204, Sec. 13, Jan. 2, 1976, 89 Stat. 1154; Pub. L. 95-600, title
    V, Sec. 541, Nov. 6, 1978, 92 Stat. 2887; Pub. L. 96-487, title IX,
    Sec. 904, title XIV, Secs. 1407-1409, Dec. 2, 1980, 94 Stat. 2434,
    2495, 2496; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095;
    Pub. L. 100-241, Sec. 12(b), Feb. 3, 1988, 101 Stat. 1810; Pub. L.
    102-415, Sec. 5, Oct. 14, 1992, 106 Stat. 2113.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Alaska National Interest Lands Conservation Act, referred to
    in subsec. (d)(1), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371,
    as amended. For complete classification of this Act to the Code,
    see Short Title note set out under section 3101 of Title 16,
    Conservation, and Tables.
      The Johnson-O'Malley Act of April 16, 1934, as amended (25 U.S.C.
    452), referred to in subsec. (e), is act Apr. 16, 1934, ch. 147, 48
    Stat. 596, as amended, which is classified to sections 452 et seq.,
    of Title 25, Indians. For complete classification of this Act to
    the Code, see Short Title note set out under section 452 of Title
    25 and Tables.
      Public Law 815, 81st Congress (64 Stat. 967), referred to in
    subsec. (e), is act Sept. 23, 1950, ch. 995, as amended generally
    by Pub. L. 85-620, title I, Sec. 101, Aug. 12, 1958, 72 Stat. 548,
    which was classified generally to chapter 19 (Sec. 631 et seq.) of
    Title 20, Education, prior to repeal by Pub. L. 103-382, title III,
    Sec. 331(a), Oct. 20, 1994, 108 Stat. 3965. For complete
    classification of this Act to the Code, see Tables.
      Public Law 874, 81st Congress (64 Stat. 1100), referred to in
    subsec. (e), is act Sept. 30, 1950, ch. 1124, 64 Stat. 1100, as
    amended, popularly known as the Educational Agencies Financial Aid
    Act, which was classified generally to chapter 13 (Sec. 236 et
    seq.) of Title 20, prior to repeal by Pub. L. 103-382, title III,
    Sec. 331(b), Oct. 20, 1994, 108 Stat. 3965. For complete
    classification of this Act to the Code, see Tables.

-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (j). Pub. L. 102-415 struck out "prior to December
    18, 1991," after "A real property interest distributed" and
    substituted "Provided, That alienability of the Settlement Common
    Stock of the Corporation has not been terminated pursuant to
    section 1629c of this title: Provided further, That" for "Provided,
    That".
      1988 - Subsec. (a). Pub. L. 100-241, Sec. 12(b)(1), inserted
    "(even if the Regional Corporation or Village Corporation
    distributing the dividend has not segregated revenue received from
    the Alaska Native Fund from revenue received from other sources)"
    after "distributions".
      Subsec. (j). Pub. L. 100-241, Sec. 12(b)(2), (3), substituted
    "Native Corporation" for "Village Corporation" in two places and
    "That if the shareholder receiving the homesite subdivides such
    homesite, he or she shall pay all Federal, State, and local taxes
    that would have been incurred but for this subsection together with
    simple interest at 6 per centum per annum calculated from the date
    of receipt of the homesite, including taxes or assessments for the
    provision of road access and water and sewage facilities by the
    conveying corporation or the shareholder." for "That the
    shareholder receiving the homesite, if the shareholder subdivides
    the land received, shall pay all Federal, State, and local taxes
    which would have been incurred but for this subsection, together
    with simple interest at six percent per annum calculated from the
    date of receipt of the land to be paid to the appropriate taxing
    authority."
      1986 - Subsecs. (c), (i). Pub. L. 99-514 substituted "Internal
    Revenue Code of 1986" for "Internal Revenue Code of 1954", which
    for purposes of codification was translated as "title 26" thus
    requiring no change in text.
      1980 - Subsec. (c). Pub. L. 96-487, Sec. 1408, inserted provision
    requiring that fair value of such land or interest in land at time
    of receipt be adjusted as provided in section 1016 of title 26 and
    proviso defining the basis of any such land attributable to an
    interest in a mine, well, other natural deposit, or block of
    timber.
      Subsec. (d). Pub. L. 96-487, Sec. 904, designated existing
    provision as par. (1), substituted "Regional Corporation or
    corporation established pursuant to section 1613(h)(3) of this
    title" for "Regional Corporation", "third parties or which are used
    solely for the purposes of exploration shall" for "third parties
    shall", "from the vesting of title pursuant to the Alaska National
    Interest Lands Conservation Act or the date of issuance of an
    interim conveyance or patent, whichever is earlier, for those
    interests to such individual, group, or corporation" for "after
    December 18, 1971", and "any portion of such interest" for "leased
    or developed real property" and inserted "which is leased or
    developed for purposes other than exploration for so long as such
    portion is leased or being developed" after "laws of the State",
    and added par. (2).
      Subsec. (e). Pub. L. 96-487, Sec. 1409, substituted "Native
    Group, corporation organized under section 1613(h)(3) of this
    title, or Village" for "Native Group, or Village", "(64 Stat. 967,
    1100). So long as there are no substantial" for "(64 Stat. 967,
    1100), and so long as there are also no substantial", and "such
    lands they shall continue to receive wildland fire" for "such
    lands, continue to receive forest fire".
      Subsec. (j). Pub. L. 96-487, Sec. 1407, added subsec. (j).
      1978 - Subsecs. (g) to (i). Pub. L. 95-600 added subsecs. (g) to
    (i).
      1976 - Subsec. (f). Pub. L. 94-204 added subsec. (f).

-End-

-CITE-
    43 USC Sec. 1621                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1621. Miscellaneous provisions

-STATUTE-
    (a) Contract restrictions; percentage fee; enforcement; liens,
      executions, or judgments
      None of the revenues granted by section 1605 of this title, and
    none of the lands granted by this chapter to the Regional and
    Village Corporation and to Native groups and individuals shall be
    subject to any contract which is based on a percentage fee of the
    value of all or some portion of the settlement granted by this
    chapter. Any such contract shall not be enforceable against any
    Native as defined by this chapter or any Regional or Village
    Corporation and the revenues and lands granted by this chapter
    shall not be subject to lien, execution or judgment to fulfill such
    a contract.
    (b) Patents for homesteads, headquarters sites, trade and
      manufacturing sites, or small tract sites; use and occupancy
      protection
      The Secretary is directed to promptly issue patents to all
    persons who have made a lawful entry on the public lands in
    compliance with the public land laws for the purpose of gaining
    title to homesteads, headquarters sites, trade and manufacturing
    sites, or small tract sites (43 U.S.C. 682 (!1)), and who have
    fulfilled all requirements of the law prerequisite to obtaining a
    patent. Any person who has made a lawful entry prior to August 31,
    1971, for any of the foregoing purposes shall be protected in his
    right of use and occupancy until all the requirements of law for a
    patent have been met even though the lands involved have been
    reserved or withdrawn in accordance with Public Land Order 4582, as
    amended, or the withdrawal provisions of this chapter: Provided,
    That occupancy must have been maintained in accordance with the
    appropriate public land law: Provided further, That any person who
    entered on public lands in violation of Public Land Order 4582, as
    amended, shall gain no rights.

    (c) Mining claims; possessory rights, protection
      (1) On any lands conveyed to Village and Regional Corporations,
    any person who prior to August 31, 1971, initiated a valid mining
    claim or location under the general mining laws and recorded notice
    of said location with the appropriate State or local office shall
    be protected in his possessory rights, if all requirements of the
    general mining laws are complied with, for a period of five years
    and may, if all requirements of the general mining laws are
    complied with, proceed to patent.
      (2)(A)(i) Subject to valid existing rights, an unpatented mining
    claim or location, or portion thereof, under the general mining
    laws that is situated outside the boundaries of a conservation
    system unit (as such term is defined in the Alaska National
    Interest Lands Conservation Act) and within the exterior boundaries
    of lands validly selected by a Village or Regional Corporation
    pursuant to section 1611 of this title or section 1613(h) of this
    title and that lapses, is abandoned, relinquished, or terminated,
    declared null and void, or otherwise expires, after August 31,
    1971, because of failure to comply with requirements of the general
    mining laws (including the mining laws of the State of Alaska), is
    deemed to be null and void for the purposes of this paragraph. The
    Secretary shall promptly determine the validity of such claims or
    locations within conservation system units.
      (ii) Subject to valid existing rights and to subparagraph (B),
    the lands outside a conservation system unit included in a mining
    claim or location described in clause (i) shall - 
        (I) be considered part of the lands selected pursuant to
      sections 1611 of this title and 1613(h) of this title by the
      Village or Regional Corporation described in clause (i); and
        (II) be eligible for conveyance pursuant to this chapter unless
      specifically identified and excluded from an initial selection
      application.

      (iii) Subject to valid existing rights and to subparagraph (B),
    any portion outside a conservation system unit of a mining claim or
    location described in clause (i) that is situated within the
    exterior boundaries of lands conveyed prior to October 14, 1992,
    from selections under section 1611 or section 1613(h) of this title
    shall be conveyed pursuant to this chapter.
      (B) No lands shall be conveyed pursuant to this subsection if the
    conveyance would result in the receipt of title to lands in excess
    of an acreage entitlement under this chapter.
      (3) This section shall apply to lands conveyed by interim
    conveyance or patent to a Regional Corporation pursuant to this
    chapter which are made subject to a mining claim or claims located
    under the general mining laws, including lands conveyed prior to
    November 2, 1995. Effective on November 2, 1995, the Secretary,
    acting through the Bureau of Land Management and in a manner
    consistent with section 1613(g) of this title, shall transfer to
    the Regional Corporation administration of all mining claims
    determined to be entirely within lands conveyed to that
    corporation. Any person holding such mining claim or claims shall
    meet such requirements of the general mining laws and section 1744
    of this title, except that any filings that would have been made
    with the Bureau of Land Management if the lands were within Federal
    ownership shall be timely made with the appropriate Regional
    Corporation. The validity of any such mining claim or claims may be
    contested by the Regional Corporation, in place of the United
    States. All contest proceedings and appeals by the mining claimants
    of adverse decisions made by the Regional Corporation shall be
    brought in Federal District Court for the District of Alaska.
    Neither the United States nor any Federal agency or official shall
    be named or joined as a party in such proceedings or appeals. All
    revenues from such mining claims received after November 2, 1995,
    shall be remitted to the Regional Corporation subject to
    distribution pursuant to section 1606(i) of this title, except that
    in the event that the mining claim or claims are not totally within
    the lands conveyed to the Regional Corporation, the Regional
    Corporation shall be entitled only to that proportion of revenues,
    other than administrative fees, reasonably allocated to the portion
    of the mining claim so conveyed. The provisions of this section
    shall apply to Haida Corporation and the Haida Traditional Use
    Sites, which shall be treated as a Regional Corporation for the
    purposes of this paragraph, except that any revenues remitted to
    Haida Corporation under this section shall not be subject to
    distribution pursuant to section 1606(i) of this title.
    (d) Purchase restrictions for personnel inapplicable to chapter
      The provisions of section 11 of this title shall not apply to any
    land grants or other rights granted under this chapter.
    (e) National Wildlife Refuge System; replacement lands
      If land within the National Wildlife Refuge System is selected by
    a Village Corporation pursuant to the provisions of this chapter,
    the secretary shall add to the Refuge System other public lands in
    the State to replace the lands selected by the Village Corporation.
    (f) Land exchanges
      The Secretary, the Secretary of Defense, the Secretary of
    Agriculture, and the State of Alaska are authorized to exchange
    lands or interests therein, including Native selection rights, with
    the corporations organized by Native groups, Village Corporations,
    Regional Corporations, and the corporations organized by Natives
    residing in Juneau, Sitka, Kodiak, and Kenai, all as defined in
    this chapter, and other municipalities and corporations or
    individuals, the State (acting free of the restrictions of section
    6(i) of the Alaska Statehood Act), or any Federal agency for the
    purpose of effecting land consolidations or to facilitate the
    management or development of the land, or for other public
    purposes. Exchanges shall be on the basis of equal value, and
    either party to the exchange may pay or accept cash in order to
    equalize the value of the property exchanged: Provided, That when
    the parties agree to an exchange and the appropriate Secretary
    determines it is in the public interest, such exchanges may be made
    for other than equal value.
    (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
      If a patent is issued to any Village Corporation for land in the
    National Wildlife Refuge System, the patent shall reserve to the
    United States the right of first refusal if the land is ever sold
    by the Village Corporation. Notwithstanding any other provision of
    this chapter, every patent issued by the Secretary pursuant to this
    chapter - which covers lands lying within the boundaries of a
    National Wildlife Refuge on December 18, 1971, shall contain a
    provision that such lands remain subject to the laws and
    regulations governing use and development of such Refuge.
    (h) Withdrawals of public lands; termination date
      (1) All withdrawals made under this chapter, except as otherwise
    provided in this subsection, shall terminate within four years of
    December 18, 1971: Provided, That any lands selected by Village or
    Regional Corporations or by a Native group under section 1611 of
    this title shall remain withdrawn until conveyed pursuant to
    section 1613 of this title.
      (2) The withdrawal of lands made by section 1610(a)(2) and
    section 1615 of this title shall terminate three years from
    December 18, 1971.
      (3) The provisions of this section shall not apply to any
    withdrawals made under section 1616 of this title.
      (4) The Secretary is authorized to terminate any withdrawal made
    by or pursuant to this chapter whenever he determines that the
    withdrawal is no longer necessary to accomplish the purposes of
    this chapter.
    (i) Administration of withdrawn lands; contracting and other
      authority of Secretaries not impaired by withdrawal
      Prior to a conveyance pursuant to section 1613 of this title,
    lands withdrawn by or pursuant to sections 1610, 1613, and 1615 of
    this title shall be subject to administration by the Secretary, or
    by the Secretary of Agriculture in the case of National Forest
    lands, under applicable laws and regulations, and their authority
    to make contracts and to grant leases, permits, rights-of-way, or
    easements shall not be impaired by the withdrawal.
    (j) Interim conveyances and underselections
      (1) Where lands to be conveyed to a Native, Native Corporation,
    or Native group pursuant to this chapter as amended and
    supplemented have not been surveyed, the same may be conveyed by
    the issuance of an "interim conveyance" to the party entitled to
    the lands. Subject to valid existing rights and such conditions and
    reservations authorized by law as are imposed, the force and effect
    of such an interim conveyance shall be to convey to and vest in the
    recipient exactly the same right, title, and interest in and to the
    lands as the recipient would have received had he been issued a
    patent by the United States. Upon survey of lands covered by an
    interim conveyance a patent thereto shall be issued to the
    recipient. The boundaries of the lands as defined and conveyed by
    the interim conveyance shall not be altered but may then be
    redescribed, if need be, in reference to the plat of survey. The
    Secretary shall make appropriate adjustments to insure that the
    recipient receives his full entitlement. Where the term "patent,"
    or a derivative thereof, is used in this chapter unless the context
    precludes such construction, it shall be deemed to include "interim
    conveyance," and the conveyances of land to Natives and Native
    Corporations provided for this chapter shall be as fully
    effectuated by the issuance of interim conveyances as by the
    issuance of patents.
      (2) Where lands selected and conveyed, or to be conveyed to a
    Village Corporation are insufficient to fulfill the Corporation's
    entitlement under section 1611(b), 1613(a), 1615(b), or 1615(d) of
    this title, the Secretary is authorized to withdraw twice the
    amount of unfulfilled entitlement and provide the Village
    Corporation ninety days from receipt of notice from the Secretary
    to select from the lands withdrawn the land it desires to fulfill
    its entitlement. In making the withdrawal, the Secretary shall
    first withdraw public lands that were formerly withdrawn for
    selection by the concerned Village Corporation by or pursuant to
    section 1610(a)(1), 1610(a)(3), 1615(a), or 1615(d) of this title.
    Should such lands no longer be available, the Secretary may
    withdraw public lands that are vacant, unreserved, and
    unappropriated, except that the Secretary may withdraw public lands
    which had been previously withdrawn pursuant to section 1616(d) of
    this title. Any subsequent selection by the Village Corporation
    shall be in the manner provided in this chapter for such original
    selections.
      (3) In lieu of withdrawal under paragraph (2), land may be
    segregated from all other forms of appropriation for the purposes
    described in that paragraph if - 
        (A) the Secretary and the Village Corporation enter into an
      agreement identifying the land for selection; and
        (B) the Village Corporation files an application for selection
      of the land.
    (k) National forest land patents; conditions
      Any patents to lands under this chapter which are located within
    the boundaries of a national forest shall contain such conditions
    as the Secretary deems necessary to assure that:
        (1) the sale of any timber from such lands shall, for a period
      of five years, be subject to the same restrictions relating to
      the export of timber from the United States as are applicable to
      national forest lands in Alaska under rules and regulations of
      the Secretary of Agriculture; and
        (2) such lands are managed under the principle of sustained
      yield and under management practices for protection and
      enhancement of environmental quality no less stringent than such
      management practices on adjacent national forest lands for a
      period of twelve years.
    (l) Land selection limitation; proximity to home rule or first
      class city and Ketchikan
      Notwithstanding any provision of this chapter, no Village or
    Regional Corporation shall select lands which are within two miles
    from the boundary, as it exists on December 18, 1971, of any home
    rule or first class city (excluding boroughs) or which are within
    six miles from the boundary of Ketchikan.
    (m) Licenses held by Alaska Native regional corporations
      An Alaska Native regional corporation organized pursuant to this
    chapter, or an affiliate thereof, that holds a Federal
    Communications Commission license in the personal communications
    service as of the date of enactment of this section (!2) and has
    either paid for such license in full or has complied with the
    payment schedules for such license shall be permitted to transfer
    or assign without penalty such license to any transferee or
    assignee. No economic penalties shall apply to any transfer or
    assignment authorized under this section. Any amounts owed to the
    United States for the initial grant of such licenses shall become
    immediately due and payable upon the consummation of any such
    transfer or assignment. Any application for such a transfer or
    assignment shall be deemed granted if not denied by the Commission
    within 90 days of the date on which it was initially filed. Any
    provision of law or regulation to the contrary is hereby amended.

-SOURCE-
    (Pub. L. 92-203, Sec. 22, Dec. 18, 1971, 85 Stat. 713; Pub. L. 94-
    204, Sec. 17, Jan. 2, 1976, 89 Stat. 1156; Pub. L. 96-487, title
    XIV, Sec. 1410, Dec. 2, 1980, 94 Stat. 2496; Pub. L. 102-415, Sec.
    14, Oct. 14, 1992, 106 Stat. 2121; Pub. L. 104-42, title I, Sec.
    102, Nov. 2, 1995, 109 Stat. 353; Pub. L. 105-333, Sec. 7, Oct. 31,
    1998, 112 Stat. 3133; Pub. L. 106-259, title VIII, Sec. 8149, Aug.
    9, 2000, 114 Stat. 706; Pub. L. 108-452, title II, Sec. 208, Dec.
    10, 2004, 118 Stat. 3586.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The public land laws, referred to in subsec. (b), are classified
    generally to this title.
      Section 682 of this title, referred to in subsec. (b), probably
    means section 682a of this title which was repealed by Pub. L. 94-
    579, title VII, Sec. 702, Oct. 21, 1976, 90 Stat. 2787.
      The general mining laws, referred to in subsec. (c), are
    classified generally to Title 30, Mineral Lands and Mining.
      The Alaska National Interest Lands Conservation Act, referred to
    in subsec. (c)(2)(A)(i), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat.
    2371, as amended. For complete classification of this Act to the
    Code, see Short Title note set out under section 3101 of Title 16,
    Conservation, and Tables.
      Section 6(i) of the Alaska Statehood Act, referred to in subsec.
    (f), is section 6(i) of Pub. L. 85-508, which is set out as a note
    preceding section 21 of Title 48, Territories and Insular
    Possessions.
      The date of enactment of this section, referred to in subsec.
    (m), probably means the date of enactment of Pub. L. 106-259, which
    enacted subsec. (m) of this section and was approved Aug. 9, 2000.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (j)(3). Pub. L. 108-452 added par. (3).
      2000 - Subsec. (m). Pub. L. 106-259, which directed the addition
    of subsec. (m) at the end of section 1621 of Public Law 92-204, was
    executed by adding subsec. (m) at the end of this section, which is
    section 22 of Pub. L. 92-203, to reflect the probable intent of
    Congress.
      1998 - Subsec. (c)(3). Pub. L. 105-333 substituted "Regional
    Corporation" for "regional corporation" wherever appearing and
    inserted at end "The provisions of this section shall apply to
    Haida Corporation and the Haida Traditional Use Sites, which shall
    be treated as a Regional Corporation for the purposes of this
    paragraph, except that any revenues remitted to Haida Corporation
    under this section shall not be subject to distribution pursuant to
    section 1606(i) of this title."
      1995 - Subsec. (c)(3). Pub. L. 104-42 added par. (3).
      1992 - Subsec. (c). Pub. L. 102-415 designated existing
    provisions as par. (1) and added par. (2).
      1980 - Subsec. (j). Pub. L. 96-487 substituted provision
    authorizing Secretary to convey lands by interim conveyance when
    the lands have not been surveyed, upon survey to issue a patent and
    redescribe the lands if necessary, and, where lands selected and
    conveyed, or to be conveyed, to a Village Corporation are
    insufficient to fulfill the Corporation's entitlement, to withdraw
    twice the amount of unfulfilled entitlement and provide the Village
    Corporation 90 days from receipt of notice to select from the lands
    withdrawn the land it desires to fulfill its entitlement for
    provision authorizing the Secretary, in any area of Alaska for
    which protraction diagrams do not exist, which does not conform to
    the United States Land Survey System, or which has not been
    adequately surveyed to permit selection, to take such actions as
    are necessary to accomplish the purposes of this chapter.
      1976 - Subsec. (f). Pub. L. 94-204 authorized State of Alaska to
    make direct exchanges of land between it and Native Corporations,
    authorized State to transfer mineral interests, notwithstanding
    section 6(i) of the Alaska Statehood Act, to Federal agencies in
    such exchanges, and authorized exchanges on a basis other than
    equal value, by agreement of the parties or if deemed in the public
    interest.

-FOOTNOTE-
    (!1) So in original. See References in Text note below.

    (!2) See References in Text note below.

-End-

-CITE-
    43 USC Sec. 1622                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1622. Annual reports to Congress until 1984; submission in
      1985 of report of status of Natives, summary of actions taken,
      and recommendations

-STATUTE-
      The Secretary shall submit to the Congress annual reports on
    implementation of this chapter. Such reports shall be filed by the
    Secretary annually until 1984. At the beginning of the first
    session of Congress in 1985 the Secretary shall submit, through the
    President, a report of the status of the Natives and Native groups
    in Alaska, and a summary of actions taken under this chapter,
    together with such recommendations as may be appropriate.

-SOURCE-
    (Pub. L. 92-203, Sec. 23, Dec. 18, 1971, 85 Stat. 715.)

-End-

-CITE-
    43 USC Sec. 1623                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1623. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated such sums as may be
    necessary to carry out the provisions of this chapter.

-SOURCE-
    (Pub. L. 92-203, Sec. 24, Dec. 18, 1971, 85 Stat. 715.)

-End-

-CITE-
    43 USC Sec. 1624                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1624. Regulations; issuance; publication in Federal Register

-STATUTE-
      The Secretary is authorized to issue and publish in the Federal
    Register, pursuant to subchapter II of chapter 5 of title 5, such
    regulations as may be necessary to carry out the purposes of this
    chapter.

-SOURCE-
    (Pub. L. 92-203, Sec. 25, Dec. 18, 1971, 85 Stat. 715.)

-COD-
                               CODIFICATION                           
      "Subchapter II of chapter 5 of title 5" substituted for "the
    Administrative Procedure Act" on authority of Pub. L. 89-554, Sec.
    7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which
    enacted Title 5, Government Organization and Employees.

-End-

-CITE-
    43 USC Sec. 1625                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1625. Securities laws exemption

-STATUTE-
    (a) Laws; termination date of exempt status
      A Native Corporation shall be exempt from the provisions, as
    amended, of the Investment Company Act of 1940 (54 Stat. 789) [15
    U.S.C. 80a-1 et seq.], the Securities Act of 1933 (48 Stat. 74) [15
    U.S.C. 77a et seq.], and the Securities Exchange Act of 1934 (48
    Stat. 881) [15 U.S.C. 78a et seq.] until the earlier of the day
    after - 
        (1) the date on which the corporation issues shares of stock
      other than Settlement Common Stock in a transaction where - 
          (A) the transaction or the shares are not otherwise exempt
        from Federal securities laws; and
          (B) the shares are issued to persons or entities other than -
        
            (i) individuals who held shares in the corporation on
          February 3, 1988;
            (ii) Natives;
            (iii) descendants of Natives;
            (iv) individuals who have received shares of Settlement
          Common Stock by inheritance pursuant to section 1606(h)(2) of
          this title;
            (v) Settlement Trusts; or
            (vi) entities established for the sole benefit of Natives
          or descendants of Natives; or

        (2) the date on which alienability restrictions are terminated;
      or
        (3) the date on which the corporation files a registration
      statement with the Securities and Exchange Commission pursuant to
      either the Securities Act of 1933 [15 U.S.C. 77a et seq.] or the
      Securities Exchange Act of 1934 [15 U.S.C. 78a et seq.].
    (b) Status of Native Corporations after termination date
      No provision of this section shall be construed to require or
    imply that a Native Corporation shall, or shall not, be subject to
    provisions of the Acts listed in subsection (a) of this section
    after any of the dates described in subsection (a) of this section.
    (c) Annual report to shareholders; shareholders of record
      (1) A Native Corporation that, but for this section, would be
    subject to the provisions of the Securities Exchange Act of 1934
    [15 U.S.C. 78a et seq.] shall annually prepare and transmit to its
    shareholders a report that contains substantially all the
    information required to be included in an annual report to
    shareholders by a corporation subject to that Act.
      (2) For purposes of determining the applicability of the
    registration requirements of the Securities Exchange Act of 1934 on
    or after the date described in subsection (a) of this section,
    holders of Settlement Common Stock shall be excluded from the
    calculation of the number of shareholders of record pursuant to
    section 12(g) of that Act [15 U.S.C. 78l(g)].
    (d) Wholly owned subsidiaries; Settlement Trusts; voluntary
      registration as Investment Company
      (1) Notwithstanding any other provision of law, prior to January
    1, 2001, the provisions of the Investment Company Act of 1940 [15
    U.S.C. 80a-1 et seq.] shall not apply to any Native Corporation or
    any subsidiary of such corporation if such subsidiary is wholly
    owned (as that term is defined in the Investment Company Act of
    1940) by the corporation and the corporation owns at least 95 per
    centum of the equity of the subsidiary.
      (2) The Investment Company Act of 1940 shall not apply to any
    Settlement Trust.
      (3) If, but for this section, a Native Corporation would qualify
    as an Investment Company under the Investment Company Act of 1940,
    it shall be entitled to voluntarily register pursuant to such Act
    and any such corporation which so registered shall thereafter
    comply with the provisions of such Act.

-SOURCE-
    (Pub. L. 92-203, Sec. 28, as added Pub. L. 94-204, Sec. 3, Jan. 2,
    1976, 89 Stat. 1147; amended Pub. L. 100-241, Sec. 14, Feb. 3,
    1988, 101 Stat. 1811.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Investment Company Act of 1940, referred to in subsecs. (a)
    and (d), is title I of act Aug. 22, 1940, ch. 686, 54 Stat. 789, as
    amended, which is classified generally to subchapter I (Sec. 80a-1
    et seq.) of chapter 2D of Title 15, Commerce and Trade. For
    complete classification of this Act to the Code, see section 80a-51
    of Title 15 and Tables.
      The Securities Act of 1933 (48 Stat. 74), referred to in subsec.
    (a), is act May 27, 1933, ch. 38, title I, 48 Stat. 74, as amended,
    which is classified generally to subchapter I (Sec. 77a et seq.) of
    chapter 2A of Title 15. For complete classification of this Act to
    the Code, see section 77a of Title 15 and Tables.
      The Securities Exchange Act of 1934, referred to in subsecs. (a)
    and (c), is act June 6, 1934, ch. 404, 48 Stat. 881, as amended,
    which is classified principally to chapter 2B (Sec. 78a et seq.) of
    Title 15. For complete classification of this Act to the Code, see
    section 78a of Title 15 and Tables.

-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-241 amended section generally. Prior to
    amendment, section read as follows: "Any corporation organized
    pursuant to this chapter shall be exempt from the provisions of the
    Investment Company Act of 1940 (54 Stat. 789) [15 U.S.C. 80a-1 et
    seq.], the Securities Act of 1933 (48 Stat. 74) [15 U.S.C. 77a et
    seq.], and the Securities Exchange Act of 1934 (48 Stat. 881), as
    amended [15 U.S.C. 78a et seq.], through December 31, 1991. Nothing
    in this section, however, shall be construed to mean that any such
    corporation shall or shall not, after such date, be subject to the
    provisions of such Acts. Any such corporation which, but for this
    section, would be subject to the provisions of the Securities
    Exchange Act of 1934 shall transmit to its stockholders each year a
    report containing substantially all the information required to be
    included in an annual report to stockholders by a corporation which
    is subject to the provisions of such Act."

     CONSTRUCTION OF ALASKA NATIVE CLAIMS SETTLEMENT ACT WITH PUB. L.
                                  94-204
      Section 18 of Pub. L. 94-204 provided that: "Except as
    specifically provided in this Act [enacting this section and
    sections 1626 and 1627 of this title, amending sections 1615, 1616,
    1620 and 1621 of this title, and enacting provisions set out as
    notes under this section and sections 1604, 1605, 1611, 1613, and
    1618 of this title], (i) the provisions of the Settlement Act [this
    chapter] are fully applicable to this Act, and (ii) nothing in this
    Act shall be construed to alter or amend any of such provisions."

-End-

-CITE-
    43 USC Sec. 1626                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1626. Relation to other programs

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 92-203, Sec. 29, as added Pub. L. 94-204, Sec. 4, Jan. 2,
    1976, 89 Stat. 1147; amended Pub. L. 100-241, Sec. 15, Feb. 3,
    1988, 101 Stat. 1812; Pub. L. 102-415, Secs. 10, 11, Oct. 14, 1992,
    106 Stat. 2115; Pub. L. 105-333, Sec. 5, Oct. 31, 1998, 112 Stat.
    3131; Pub. L. 107-117, div. B, Sec. 702, Jan. 10, 2002, 115 Stat.
    2312; Pub. L. 107-206, title III, Sec. 3003, Aug. 2, 2002, 116
    Stat. 924.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Food Stamp Act of 1964 (78 Stat. 703), as amended, referred
    to in subsec. (b), is Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703,
    as amended, known as the Food Stamp Act of 1977, which is
    classified generally to chapter 51 (Sec. 2011 et seq.) of Title 7,
    Agriculture. Section 5(a) of such Act is classified section 2014(a)
    of Title 7. For complete classification of this Act to the Code,
    see Short Title note set out under section 2011 of Title 7 and
    Tables.
      The Social Security Act, referred to in subsec. (c)(2), is act
    Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is
    classified generally to chapter 7 (Sec. 301 et seq.) of Title 42,
    The Public Health and Welfare. For complete classification of this
    Act to the Code, see section 1305 of Title 42 and Tables.
      Section 502 of P.L. 100-656, referred to in subsec. (e)(4)(B), is
    section 502 of title V of Pub. L. 100-656, Nov. 15, 1988, 102 Stat.
    3881, which amended section 644(g) of Title 15, Commerce and Trade.
      Public Law 105-178, referred to in subsec. (e)(4)(C), is Pub. L.
    105-178, June 9, 1998, 112 Stat. 107, as amended, known as the
    Transportation Equity Act for the 21st Century. The Disadvantaged
    Business Enterprise provisions of the Act were contained in section
    1101(b), formerly set out as a note under section 101 of Title 23,
    Highways. For complete classification of this Act to the Code, see
    Short Title of 1998 Amendment note set out under section 101 of
    Title 23 and Tables.
      The Civil Rights Act of 1964, referred to in subsec. (g), is Pub.
    L. 88-352, July 2, 1964, 78 Stat. 241, as amended, which is
    classified principally to subchapters II to IX (Sec. 2000a et seq.)
    of chapter 21 of Title 42. For complete classification of this Act
    to the Code, see Short Title note set out under section 2000a of
    Title 42 and Tables.

-COD-
                               CODIFICATION                           
      Subsec. (f) amended section 1702(3), (4) of Title 30, Mineral
    Lands and Mining, and provided for effective date of such
    amendment.

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (e)(4). Pub. L. 107-117 added par. (4).
      Subsec. (e)(4)(B). Pub. L. 107-206, Sec. 3003(1), substituted
    "subsections (e)(1) or (e)(2)" for "subsection (e)(2)" and directed
    the substitution of "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" for "obligations under section 7 of P.L. 87-305", which was
    executed by making the substitution for "obligations under section
    7 of Public Law 87-305", to reflect the probable intent of
    Congress.
      Subsec. (e)(4)(C). Pub. L. 107-206, Sec. 3003(2), substituted
    "subsection (e)(1) or (e)(2)" for "subsection (e)(2)".
      1998 - Subsec. (c)(3)(A). Pub. L. 105-333, Sec. 5(1), inserted
    "and on bonds received from a Native Corporation".
      Subsec. (c)(3)(B). Pub. L. 105-333, Sec. 5(2), inserted before
    semicolon at end "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".
      1992 - Subsec. (e)(1), (2). Pub. L. 102-415, Sec. 10, inserted
    "and economically disadvantaged" after "minority".
      Subsec. (g). Pub. L. 102-415, Sec. 11, substituted "of entities
    excluded from the definition of 'employer' by" for "defined in" and
    "section 701(b)(1)" for "section 701(b)".
      1988 - Subsecs. (c) to (g). Pub. L. 100-241 added subsecs. (c) to
    (g).

-FOOTNOTE-
    (!1) So in original. Probably should be "subsection".

-End-

-CITE-
    43 USC Sec. 1627                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1627. Merger of Native corporations

-STATUTE-
    (a) Applicability of State law
      Notwithstanding any provision of this chapter, any corporation
    created pursuant to section 1606(d), 1607(a), 1613(h)(2), or
    1613(h)(3) of this title within any of the twelve regions of
    Alaska, as established by section 1606(a) of this title, may, at
    any time, merge or consolidate, pursuant to the applicable
    provisions of the laws of the State of Alaska, with any other of
    such corporation or corporations created within or for the same
    region. Any corporations resulting from mergers or consolidations
    further may merge or consolidate with other such merged or
    consolidated corporations within the same region or with other of
    the corporations created in said region pursuant to section
    1606(d), 1607(a), 1613(h)(2), or 1613(h)(3) of this title.
    (b) Terms and conditions of merger; rights of dissenting
      shareholders; rights and liabilities of successor corporation
      Such mergers or consolidations shall be on such terms and
    conditions as are approved by vote of the shareholders of the
    corporations participating therein, including, where appropriate,
    terms providing for the issuance of additional shares of Regional
    Corporation stock to persons already owning such stock, and may
    take place pursuant to votes of shareholders held either before or
    after January 2, 1976: Provided, That the rights accorded under
    Alaska law to dissenting shareholders in a merger or consolidation
    may not be exercised in any merger or consolidation pursuant to
    this chapter effected while the Settlement Common Stock of all
    corporations subject to merger or consolidation remains subject to
    alienability restrictions..(!1) Upon the effectiveness of any such
    mergers or consolidations the corporations resulting therefrom and
    the shareholders thereof shall succeed and be entitled to all the
    rights, privileges, and benefits of this chapter, including but not
    limited to the receipt of lands and moneys and exemptions from
    various forms of Federal, State, and local taxation, and shall be
    subject to all the restrictions and obligations of this chapter as
    are applicable to the corporations and shareholders which and who
    participated in said mergers or consolidations or as would have
    been applicable if the mergers or consolidations and transfers of
    rights and titles thereto had not taken place: Provided, That,
    where a Village Corporation organized pursuant to section 1618(b)
    of this title merges or consolidates with the Regional Corporation
    of the region in which such village is located or with another
    Village Corporation of that region, no provision of such merger or
    consolidation shall be construed as increasing or otherwise
    changing regional enrollments for purposes of distribution of the
    Alaska Native Fund; land selection eligibility; or revenue sharing
    pursuant to sections 1605(c), 1606(m), 1611(b), 1613(h)(8), and
    1606(i) of this title.

    (c) Alteration or elimination of dividend rights
      Notwithstanding the provisions of section 1606(j) or (m) of this
    title, in any merger or consolidation in which the class of
    stockholders of a Regional Corporation who are not residents of any
    of the villages in the region are entitled under Alaska law to vote
    as a class, the terms of the merger or consolidation may provide
    for the alteration or elimination of the right of said class to
    receive dividends pursuant to said section 1606(j) or (m) of this
    title. In the event that such dividend right is not expressly
    altered or eliminated by the terms of the merger or consolidation,
    such class of stockholders shall continue to receive such dividends
    pursuant to section 1606(j) or (m) of this title as would have been
    applicable if the merger or consolidation had not taken place and
    all Village Corporations within the affected region continued to
    exist separately.
    (d) Approval of merger or consolidation by shareholders
      Notwithstanding any other provision of this section or of any
    other law, no corporation referred to in this section may merger or
    consolidate with any other such corporations unless that
    corporation's shareholders have approved such merger or
    consolidation.
    (e) Conveyance of right to withhold consent to mineral exploration,
      development, etc., as part of merger or consolidation
      The plan of merger or consolidation shall provide that the right
    of any affected Village Corporation pursuant to section 1613(f) of
    this title to withhold consent to mineral exploration, development,
    or removal within the boundaries of the Native village shall be
    conveyed, as part of the merger or consolidation, to a separate
    entity composed of the Native residents of such Native village.

-SOURCE-
    (Pub. L. 92-203, Sec. 30, as added Pub. L. 94-204, Sec. 6, Jan. 2,
    1976, 89 Stat. 1148; amended Pub. L. 100-241, Sec. 12(c), Feb. 3,
    1988, 101 Stat. 1810.)

-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (b). Pub. L. 100-241 substituted "while the
    Settlement Common Stock of all corporations subject to merger or
    consolidation remains subject to alienability restrictions." for
    "prior to December 19, 1991".

-FOOTNOTE-
    (!1) So in original.

-End-

-CITE-
    43 USC Sec. 1628                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1628. Assignments by Regional Corporations of rights to
      receive payments from Fund

-STATUTE-
    (a) Recognition by Secretary; scope of recognition
      Notwithstanding the provision of section 3727 of title 31, the
    Secretary is authorized to recognize validly executed assignments
    made by Regional Corporations of their rights to receive payments
    from the Alaska Native Fund. Such assignments shall only be
    recognized to the extent that the Regional Corporation involved is
    not required to distribute funds pursuant to subsection (j) or (m)
    of section 1606 of this title.
    (b) Nonrecognition by Secretary
      The Secretary shall not recognize any assignment under this
    section which does not provide that the United States reserves the
    right to assert against the assignee and successors of the
    assignee, any setoff or counterclaim which the United States has
    against the assignor Corporation.
    (c) Claims against Secretary by stockholders of Regional or Village
      Corporation for recognition of assignment
      No stockholder of any Regional or Village Corporation shall have
    any claim against the Secretary or the United States as the result
    of any assignment duly recognized by the Secretary pursuant to this
    section.

-SOURCE-
    (Pub. L. 92-203, Sec. 31, as added Pub. L. 95-178, Sec. 4, Nov. 15,
    1977, 91 Stat. 1370.)

-COD-
                               CODIFICATION                           
      In subsec. (a), "section 3727 of title 31" substituted for
    "section 3477 of the Revised Statutes, as amended (31 U.S.C. 203)"
    on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.
    1067, the first section of which enacted Title 31, Money and
    Finance.

-End-

-CITE-
    43 USC Sec. 1629                                            01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1629. Cape Krusenstern National Monument land exchange between
      United States and NANA Regional Corporation, Inc.

-STATUTE-
    (a) Definitions
      For purposes of this section the following terms shall have the
    following meanings:
        (1) the term "The Agreement" or "Agreement" means the agreement
      entitled "Terms and Conditions Governing Legislative Land
      Consolidation and Exchange between NANA Regional Corporation,
      Inc., and the United States" executed by the Secretary of the
      Interior and the President of NANA Regional Corporation, Inc., on
      January 31 and January 24, 1985, respectively.
        (2) the term "transportation system" means the Red Dog Mine
      Transportation System described in Exhibit B of the Agreement.
        (3) the term "NANA" means NANA Regional Corporation, Inc., a
      corporation formed for the Natives of Northwest Alaska pursuant
      to the provisions of this chapter.
    (b) Conveyances of lands and interests in lands
      Except as otherwise provided by this section, the Secretary shall
    convey to NANA, in accordance with the terms and conditions set
    forth in the Agreement, lands and interests in lands specified in
    the Agreement in exchange for lands and interests in lands of NANA,
    specified in the Agreement, upon fulfillment by NANA of its
    obligations under the Agreement: Provided, however, That this
    modified exchange is accepted by NANA within 60 days of September
    25, 1985.
    (c) Exchange limited to designated lands
      (1) The Secretary shall convey to NANA, pursuant to the
    provisions of paragraph A(1) of the Agreement, the right, title and
    interest of the United States only in and to those lands designated
    as "Amended A(1) Lands" on the map entitled "Modified Cape
    Krusenstern Land Exchange", dated July 18, 1985. The charges to be
    made pursuant to paragraphs B(1) and D(27) of the Agreement against
    NANA's land entitlements under this chapter shall be reduced by an
    amount equivalent to the difference between that acreage conveyed
    pursuant to this subsection and the acreage that would have been
    conveyed to NANA pursuant to paragraph A(1) of the Agreement but
    for this subsection.
      (2) Notwithstanding the provisions of paragraph A(3) of the
    Agreement, the Secretary shall not convey to NANA any right, title
    and interest of the United States in the lands described in such
    paragraph A(3) and the Secretary shall make no charge to NANA's
    remaining entitlements under this chapter with respect to such
    lands. Such lands shall be retained in Federal ownership but shall
    be subject to the easement described in Exhibit D to the Agreement
    as if the lands had been conveyed to NANA pursuant to paragraph
    A(3) of the Agreement.
    (d) Easement in and to transportation system lands
      (1) There is hereby granted to NANA an easement in and to the
    lands designated as "Transportation System Lands" on the map
    entitled "Modified Cape Krusenstern Land Exchange", dated July 18,
    1985, for use in the construction, operation, maintenance,
    expansion and reclamation of the transportation system. Use of the
    easement for such purposes shall be subject only to the terms and
    conditions governing the construction, operation, maintenance,
    expansion and reclamation of the transportation system, as set
    forth in Exhibit B to the Agreement.
      (2) The easement granted pursuant to this section shall be for a
    term of 100 years. The easement shall terminate prior to the 100-
    year term:
        (i) if it is relinquished to the United States; or
        (ii) if construction of the transportation system has not
      commenced within 20 years of September 25, 1985. Computation of
      the 20-year period shall exclude periods when construction could
      not commence because of force majeure, act of God or order of a
      court; or
        (iii) upon completion of reclamation pursuant to the
      reclamation plan required by Exhibit B to the Agreement.

      (3) Within 90 days after September 25, 1985, the Secretary shall
    execute the necessary documents evidencing the grant to NANA of the
    easement granted by this section.
      (4) Except as regards the trail easement described in Exhibit D
    to the Agreement (to which the "Transportation System Lands" shall
    be subject as if such lands had been conveyed to NANA pursuant to
    paragraph A(1) of the Agreement), access to the lands subject to
    the easement granted by this section shall be subject to such
    limitations, restrictions or conditions as may be imposed by NANA,
    its successors and assigns, but NANA and its successors and assigns
    shall permit representatives of the Secretary such access as the
    Secretary determines is necessary for the monitoring required by
    this section.
    (e) Compliance with local laws
      The easement granted by this section makes available land for the
    transportation system, and is intended to be sufficient to permit
    NANA to comply with the laws of the State of Alaska which may be
    necessary to secure financing of the construction of the
    transportation system and the operation, maintenance or expansion
    thereof by the State of Alaska or by the Alaska Industrial
    Development Authority.
    (f) Reconveyance of easement by NANA
      The easement granted to NANA by this section may be reconveyed by
    NANA, but after any such reconveyance the terms and conditions
    specified in Exhibit B of the Agreement shall continue to apply in
    full to the easement.
    (g) Construction materials taken from borrow sites within easement
      NANA is hereby granted the right to use, develop and sell sand,
    gravel and related construction materials from borrow sites located
    within the easement granted pursuant to this section as required
    for the construction, operation, maintenance, expansion and
    reclamation of the transportation system, subject to the terms and
    conditions specified in Exhibit B of the Agreement.
    (h) Agreement as governing use of lands
      (1) The construction, operation, maintenance, expansion and
    reclamation of any portion of the transportation system on any of
    the lands subject to the easement granted to NANA by this section
    shall be governed solely by the terms and conditions of the
    Agreement, including the procedural and substantive provisions of
    Exhibit B to the Agreement, as if the lands covered by the easement
    granted to NANA by this section had been conveyed to NANA pursuant
    to paragraph A(1) of the Agreement.
      (2) The Secretary of the Interior, acting through the National
    Park Service, shall monitor the construction, operation,
    maintenance, expansion and reclamation of the transportation
    system, as provided in the Agreement. Any complaint by any person
    or entity that any aspect of the construction, operation,
    maintenance, expansion or reclamation of the portion of the
    transportation system on the lands subject to the easement granted
    to NANA by this section is not in accordance with the terms and
    conditions specified in the Agreement shall be made to the
    Secretary in writing. The Secretary shall review any such complaint
    and shall provide to NANA or its successors or assigns and to the
    complainant a decision in writing on the complaint within 90 days
    of receipt thereof. If the Secretary determines that the activity
    made the subject of a complaint is not in accordance with the terms
    specified in the Agreement, and NANA or its successors or assigns
    disagrees with that determination, the dispute shall be resolved
    according to the procedures established in Exhibit B to the
    Agreement.
    (i) Use of construction materials from other sites
      The Secretary shall make available to NANA and its successors and
    assigns the right to use sand, gravel and related construction
    materials located in Sections 23, 24, 25, 26, 35 and 36 of Township
    26 North, Range 24 West, Kateel River Meridian, Alaska, if the
    Secretary determines either (1) that use of such sand, gravel or
    related construction material is necessary because there is no
    other sand, gravel or related construction material reasonably
    available for the construction, operation, maintenance, expansion
    or reclamation of the transportation system; or (2) that use of
    such sand, gravel or related construction material is necessary in
    order to construct, operate, maintain, expand, or reclaim the
    transportation system in an environmentally sound manner,
    consistent with the requirements of Exhibit B of the Agreement. The
    right to use such sand, gravel and related construction material
    shall be subject to the terms and conditions of paragraph A of
    Exhibit B of the Agreement and such other reasonable terms and
    conditions as the Secretary may prescribe.
    (j) Congressional consultation as prerequisite to amendment of
      Agreement
      Notwithstanding paragraph D(23) of the Agreement, the Secretary
    shall not agree to any amendment to the Agreement without first
    consulting with the Committee on Natural Resources of the House of
    Representatives and the Committee on Energy and Natural Resources
    of the Senate and shall transmit copies of the text of any
    amendment to the Agreement to those Committees at the time of his
    agreeing to any such amendment.

-SOURCE-
    (Pub. L. 92-203, Sec. 34, as added Pub. L. 99-96, Sec. 1, Sept. 25,
    1985, 99 Stat. 460; amended Pub. L. 103-437, Sec. 16(a)(5), Nov. 2,
    1994, 108 Stat. 4594.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (j). Pub. L. 103-437 substituted "Natural
    Resources" for "Interior and Insular Affairs" before "of the
    House".

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Natural Resources of House of Representatives
    treated as referring to Committee on Resources of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-End-

-CITE-
    43 USC Sec. 1629a                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1629a. Relinquishment by NANA Regional Corporation, Inc., of
      lands compact and contiguous to public lands in Cape Krusenstern
      National Monument

-STATUTE-
    (a) Terms and conditions
      The terms and conditions of this section are solely applicable to
    the lands described in paragraph A(1) of the Agreement, which is
    defined by section 1629(a)(1) of this title and modified by section
    1629 of this title, and shall not affect the relinquishment by NANA
    described in section B(1) of such Agreement.
    (b) Conveyance of lands to United States
      NANA Regional Corporation, Inc. ("NANA"), may convey by quit-
    claim deed to the United States all of its interest in the surface
    and subsurface estate in any lands described in subsection (a) of
    this section: Provided, however, That NANA can relinquish only
    lands that are compact and contiguous to other public lands within
    the Krusenstern National Monument and, if the lands to be
    relinquished have been disturbed by NANA, the Secretary must first
    determine that such disturbance has not rendered the lands
    incompatible with Monument values. Whenever NANA executes a quit-
    claim deed pursuant to this section, it shall be entitled to
    designate and have conveyed to it any lands outside the boundaries
    of the Cape Krusenstern National Monument and any other
    conservation system unit, as established and defined by the Alaska
    National Interest Lands Conservation Act (Public Law 96-487; 94
    Stat. 2371, et seq.), covered by any of its pending selection
    applications filed under the entitlement provisions of either
    section 1611(b), 1611(c) or 1613(h)(8) of this title. Lands
    conveyed to NANA pursuant to this subsection shall be of a like
    estate and equal in acreage to that conveyed by NANA to the United
    States. The lands conveyed to NANA pursuant to this subsection
    shall be in exchange for the lands conveyed by NANA to the United
    States and there shall be no change in the charges previously made
    to NANA's land entitlements with respect to the lands conveyed by
    NANA to the United States. Lands received by NANA pursuant to this
    subsection are Settlement Act lands.
    (c) Relinquishment of interests under filed selection applications
      NANA may relinquish any interest it has under selection
    applications filed pursuant to this chapter in the surface and
    subsurface estate in lands described in subsection (a) of this
    section by formally withdrawing such application pursuant to this
    section: Provided, however, That NANA can relinquish only interests
    in lands that are compact and contiguous to other public lands
    within the Krusenstern National Monument and, if the lands have
    been disturbed by NANA, the Secretary must first determine that
    such disturbance has not rendered the lands incompatible with
    Monument values. Whenever NANA formally withdraws a selection
    application pursuant to this section, it shall be entitled to
    designate and have conveyed to it lands outside the boundaries of
    Cape Krusenstern National Monument and any other conservation
    system unit, as established and defined by the Alaska National
    Interest Lands Conservation Act (Public Law 96-487; 94 Stat. 2371,
    et seq.) pursuant to any of its pending selection applications
    filed under either section 1611(b), 1611(c) or 1613(h)(8) of this
    title. Lands conveyed to NANA under this subsection shall be of a
    like estate and equal in acreage to the interest which NANA
    relinquished, and when the lands are conveyed to NANA, the
    conveyance shall be charged against the same entitlement of NANA as
    if the lands had been conveyed pursuant to the relinquished
    selection applications. Lands received by NANA pursuant to this
    subsection are Settlement Act lands.
    (d) Termination date
      The provisions of this section shall remain in effect only until
    December 18, 1991.
    (e) Effect on NANA's selection rights or entitlement to lands
      Nothing in this section shall be deemed to alter or amend in any
    way NANA's selection rights or to increase or diminish NANA's total
    entitlement to lands pursuant to this chapter.

-SOURCE-
    (Pub. L. 92-203, Sec. 35, as added Pub. L. 99-96, Sec. 1, Sept. 25,
    1985, 99 Stat. 462.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Alaska National Interest Lands Conservation Act, referred to
    in subsecs. (b) and (c), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat.
    2371, as amended. For complete classification of this Act to the
    Code, see Short Title note set out under section 3101 of Title 16,
    Conservation, and Tables.

-End-

-CITE-
    43 USC Sec. 1629b                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1629b. Procedures for considering amendments and resolutions

-STATUTE-
    (a) Coverage
      Notwithstanding any provision of the articles of incorporation
    and bylaws of a Native Corporation or of the laws of the State,
    except those related to proxy statements and solicitations that are
    not inconsistent with this section - 
        (1) an amendment to the articles of incorporation of a Native
      Corporation authorized by subsections (g) and (h) of section 1606
      of this title, subsection (d)(1)(B) of this section, or section
      1629c of this title;
        (2) a resolution authorized by section 1629d(a)(2) of this
      title;
        (3) a resolution to establish a Settlement Trust; or
        (4) a resolution to convey all or substantially all of the
      assets of a Native Corporation to a Settlement Trust pursuant to
      section 1629e(a)(1) of this title;

    shall be considered in accordance with the provisions of this
    section.
    (b) Basic procedure
      (1) An amendment or resolution described in subsection (a) of
    this section may be approved by the board of directors of a Native
    Corporation in accordance with its bylaws. If the board approves
    the amendment or resolution, it shall direct that the amendment or
    resolution be submitted to a vote of the shareholders at the next
    annual meeting or at a special meeting (if the board, at its
    discretion, schedules such special meeting). One or more such
    amendments or resolutions may be submitted to the shareholders and
    voted upon at one meeting.
      (2)(A) A written notice (including a proxy statement if required
    under applicable law), setting forth the amendment or resolution
    approved pursuant to paragraph (1) (and, at the discretion of the
    board, a summary of the changes to be effected) together with any
    amendment or resolution submitted pursuant to subsection (c) of
    this section and the statements described therein shall be sent,
    not less than fifty days nor more than sixty days prior to the
    meeting of the shareholders, by first-class mail or hand-delivered
    to each shareholder of record entitled to vote at his or her
    address as it appears in the records of the Native Corporation. The
    corporation may also communicate with its shareholders at any time
    and in any manner authorized by the laws of the State.
      (B) The board of directors may, but shall not be required to,
    appraise or otherwise determine the value of - 
        (i) land conveyed to the corporation pursuant to section
      1613(h)(1) of this title or any other land used as a cemetery;
        (ii) the surface estate of land that is both - 
          (I) exempt from real estate taxation pursuant to section
        1636(d)(1)(A) of this title; and
          (II) used by the shareholders of the corporation for
        subsistence uses (as defined in section 3113 of title 16); or

        (iii) land or interest in land which the board of directors
      believes to be only of speculative value;

    in connection with any communication made to the shareholders
    pursuant to this subsection.
      (C) If the board of directors determines, for quorum purposes or
    otherwise, that a previously-noticed meeting must be postponed or
    adjourned, it may, by giving notice to the shareholders, set a new
    date for such meeting not more than forty-five days later than the
    original date without sending the shareholders a new written notice
    (or a new summary of changes to be effected). If the new date is
    more than forty-five days later than the original date, however, a
    new written notice (and a new summary of changes to be effected if
    such a summary was originally sent pursuant to subparagraph (A)),
    shall be sent or delivered to shareholders not less than thirty
    days nor more than forty-five days prior to the new date.
    (c) Shareholder petitions
      (1)(A) With respect to an amendment authorized by section
    1606(g)(1)(B) of this title or section 1629c(b) of this title or an
    amendment authorizing the issuance of stock subject to the
    restrictions provided by section 1606(g)(2)(B)(iii) of this title,
    the holders of shares representing at least 25 per centum of the
    total voting power of a Native Corporation may petition the board
    of directors to submit such amendment to a vote of the shareholders
    in accordance with the provisions of this section.
      (B) The requirements of the laws of the State relating to the
    solicitation of proxies shall govern solicitation of signatures for
    a petition described in subparagraph (A) except that the
    requirements of Federal law shall govern the solicitation of
    signatures for a petition that is to be submitted to a Native
    Corporation which at the time of such submission has issued a class
    of equity securities registered pursuant to the Securities Exchange
    Act of 1934 [15 U.S.C. 78a et seq.]. If a petition meets the
    applicable solicitation requirements and - 
        (i) the board agrees with such petition, the board shall submit
      the amendment and either the proponents' statement or its own
      statement in support of the amendment to the shareholders for a
      vote, or
        (ii) the board disagrees with the petition for any reason, the
      board shall submit the amendment and the proponents' statement to
      the shareholders for a vote and may, at its discretion, submit an
      opposing statement or an alternative amendment.

      (2) Paragraph (1) shall not apply to a Native Corporation that on
    or before the date one year after February 3, 1988, elects
    application of section 1629c(d) of this title in lieu of section
    1629c(b) of this title. Until December 18, 1991, paragraph (1)
    shall not apply to a Native Corporation that elects application of
    section 1629c(c) of this title in lieu of section 1629c(b) of this
    title. Insofar as they are not inconsistent with this section, the
    laws of the State shall govern any shareholder right of petition
    for Native Corporations.
    (d) Voting standards
      (1) Except as otherwise set forth in subsection (d)(3) of this
    section, an amendment or resolution described in subsection (a) of
    this section shall be considered to be approved by the shareholders
    of a Native Corporation if it receives the affirmative vote of
    shares representing - 
        (A) a majority of the total voting power of the corporation, or
        (B) a level of the total voting power of the corporation
      greater than a majority (but not greater than two-thirds of the
      total voting power of the corporation) if the corporation
      establishes such a level by an amendment to its articles of
      incorporation.

      (2) A Native Corporation in amending its articles of
    incorporation pursuant to section 1606(g)(2) of this title to
    authorize the issuance of a new class or series of stock may
    provide that a majority (or more than a majority) of the shares of
    such class or series must vote in favor of an amendment or
    resolution described in subsection (a) of this section (other than
    an amendment authorized by section 1629c of this title) in order
    for such amendment or resolution to be approved.
      (3) A resolution described in subsection (a)(3) of this section
    shall be considered to be approved by the shareholders of a Native
    Corporation if it receives the affirmative vote of shares
    representing - 
        (A) a majority of the shares present or represented by proxy at
      the meeting relating to such resolution, or
        (B) an amount of shares greater than a majority of the shares
      present or represented by proxy at the meeting relating to such
      resolution (but not greater than two-thirds of the total voting
      power of the corporation) if the corporation establishes such a
      level by an amendment to its articles of incorporation.
    (e) Voting power
      For the purposes of this section, the determination of total
    voting power of a Native Corporation shall include all outstanding
    shares of stock that carry voting rights except shares that are not
    permitted to vote on the amendment or resolution in question
    because of restrictions in the articles of incorporation of the
    corporation.
    (f) Substantially all of the assets
      For purposes of this section and section 1629e of this title, a
    Native Corporation shall be considered to be transferring all or
    substantially all of its assets to a Settlement Trust only if such
    assets represent two-thirds or more of the fair market value of the
    Native Corporation's total assets.

-SOURCE-
    (Pub. L. 92-203, Sec. 36, as added Pub. L. 100-241, Sec. 7, Feb. 3,
    1988, 101 Stat. 1795; amended Pub. L. 108-7, div. F, title III,
    Sec. 337(a), Feb. 20, 2003, 117 Stat. 278.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Securities Exchange Act of 1934, referred to in subsec.
    (c)(1)(B), is act June 6, 1934, ch. 404, 48 Stat. 881, as amended,
    which is classified principally to chapter 2B (Sec. 78a et seq.) of
    Title 15, Commerce and Trade. For complete classification of this
    Act to the Code, see section 78a of Title 15 and Tables.

-COD-
                               CODIFICATION                           
      Section 337(a) of Pub. L. 108-7, which directed the amendment of
    section 1629b of title 43, United States Code, was executed to
    section 36 of Pub. L. 92-203, which is classified to this section,
    to reflect the probable intent of Congress. See 2003 Amendment
    notes below.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (d)(1). Pub. L. 108-7, Sec. 337(a)(1), substituted
    "Except as otherwise set forth in subsection (d)(3) of this
    section, an" for "An". See Codification note above.
      Subsec. (d)(3). Pub. L. 108-7, Sec. 337(a)(2), which directed the
    creation of a new subsection "(d)(3)", was executed by adding par.
    (3) to subsec. (d). See Codification note above.
      Subsec. (f). Pub. L. 108-7, Sec. 337(a)(3), added subsec. (f).
    See Codification note above.

-End-

-CITE-
    43 USC Sec. 1629c                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1629c. Duration of alienability restrictions

-STATUTE-
    (a) General rule
      Alienability restrictions shall continue until terminated in
    accordance with the procedures established by this section. No such
    termination shall take effect until after July 16, 1993: Provided,
    however, That this prohibition shall not apply to a Native
    Corporation whose board of directors approves, no later than March
    1, 1992, a resolution (certified by the corporate secretary of such
    corporation) electing to decline the application of such
    prohibition.
    (b) Opt-out procedure
      (1)(A) A Native Corporation may amend its articles of
    incorporation to terminate alienability restrictions in accordance
    with this subsection. Only one amendment to terminate alienability
    restrictions shall be considered and voted on prior to December 18,
    1991. Rejection of the amendment shall not preclude consideration
    prior to December 18, 1991, of subsequent amendments to terminate
    alienability restrictions.
      (B) If an amendment to terminate alienability restrictions is
    considered, voted on, and rejected prior to December 18, 1991, then
    subsequent amendments to terminate alienability restrictions after
    December 18, 1991, shall be considered and voted on - 
        (i) in the case of an amendment submitted by the board of
      directors of the corporation on its own motion, not earlier than
      five years after the rejection of the most recently rejected
      amendment to terminate restrictions; or
        (ii) in the case of an amendment submitted by the board of
      directors of the corporation pursuant to a shareholder petition,
      not earlier than two years after the rejection of the most
      recently rejected amendment to terminate restrictions.

      (C) If no amendment to terminate alienability restrictions is
    considered and voted on prior to December 18, 1991, then amendments
    to terminate alienability restrictions after December 18, 1991,
    shall be considered and voted on - 
        (i) in the case of an amendment submitted by the board of
      directors of the corporation on its own motion, not more than
      once every five years; or
        (ii) in the case of an amendment submitted by the board of
      directors of the corporation pursuant to a shareholder petition,
      not more than once every two years.

      (2) An amendment authorized by paragraph (1) shall specify the
    time of termination, either by establishing a date certain or by
    describing the specific event upon which alienability restrictions
    shall terminate.
      (3) Dissenters rights may be granted by the corporation in
    connection with the rejection of an amendment to terminate
    alienability restrictions in accordance with section 1629d of this
    title. Once dissenters rights have been so granted, they shall not
    be granted again in connection with subsequent amendments to
    terminate alienability restrictions.
    (c) Recapitalization procedure
      (1)(A) On or prior to December 18, 1991, a Native Corporation may
    amend its articles of incorporation to implement a recapitalization
    plan in accordance with this subsection. Rejection of an amendment
    or amendments to implement a recapitalization plan shall not
    preclude consideration prior to December 18, 1991, of a subsequent
    amendment or amendments to implement such a plan. Subsequent
    amendment or amendments shall be considered and voted on not
    earlier than one year after the date on which the most recent
    previous recapitalization plan was rejected. No recapitalization
    plan shall provide for the termination of alienability restrictions
    prior to December 18, 1991.
      (B) An amendment or amendments submitted pursuant to subparagraph
    (A) (and any subsequent amendment submitted pursuant to
    subparagraph (C)) may provide for the maintenance or extension of
    alienability restrictions for - 
        (i) an indefinite period of time;
        (ii) a specified period of time not to exceed fifty years; or
        (iii) a period of time that shall end upon the occurrence of a
      specified event.

      (C) If an amendment or amendments approved pursuant to
    subparagraph (A) or this subparagraph maintains or extends
    alienability restrictions for a specified period of time,
    termination of the restrictions at the close of such period may be
    postponed if a further amendment to the articles of incorporation
    of the corporation is approved to extend the restrictions. There
    shall be no limit on the number of such amendments that can be
    approved. Such amendments shall not be effective to extend the
    restrictions unless approved prior to the expiration of the period
    of maintenance or extension then in force.
      (D) The board of directors may ask the shareholders to approve en
    bloc pursuant to a single vote a series of amendments (including an
    amendment to authorize the issuance of stock pursuant to section
    1606(g) of this title) to implement a recapitalization plan that
    includes a provision maintaining alienability restrictions.
      (2)(A) If an amendment to the articles of incorporation of a
    Native Corporation maintaining or extending alienability
    restrictions for a specified period of time is approved pursuant to
    paragraph (1), the restrictions shall automatically terminate at
    the end of such period unless the restrictions are extended in
    accordance with the provisions of paragraph (1)(C).
      (B)(i) A Native Corporation that approves an amendment to its
    articles of incorporation pursuant to paragraph (1)(B) to maintain
    or extend alienability restrictions for an indefinite period may
    later amend its articles to terminate such restrictions. Such
    amendment shall specify the time of termination, either by
    establishing a date certain or by describing the specific event
    upon which the restrictions shall terminate.
      (ii) Rejection of an amendment described in clause (i) by the
    shareholders shall not preclude consideration of subsequent
    amendments to terminate alienability restrictions.
      (3) If a recapitalization plan approved pursuant to paragraph (1)
    distributes voting alienable common stock to each holder of shares
    of Settlement Common Stock (issued pursuant to section
    1606(g)(1)(A) of this title) that carries aggregate dividend and
    liquidation rights equivalent to those carried by such shares of
    Settlement Common Stock (except for rights to distributions made
    pursuant to sections 1606(j) and 1606(m) of this title) upon
    completion of the recapitalization plan, then such holder shall
    have no right under section 1629d of this title and any other
    provision of law to further compensation from the corporation with
    respect to action taken pursuant to this subsection.
    (d) Opt-in procedure
      (1)(A) Subsection (b) of this section shall not apply to a Native
    Corporation whose board of directors approves, no later than one
    year after February 3, 1988, a resolution electing the application
    of this subsection and such resolution is not validly rescinded
    pursuant to paragraph (2)(B)(ii).
      (B) This subsection shall not apply to Village Corporations,
    Urban Corporations, and Group Corporations located outside of the
    Bristol Bay and Aleut regions.
      (2)(A) Alienability restrictions imposed on Settlement Common
    Stock issued by a Native Corporation electing application of this
    subsection shall terminate on December 18, 1991, unless extended in
    accordance with the provisions of this subsection.
      (B)(i) The board of directors of a Native Corporation electing
    application of this subsection shall, at least once prior to
    January 1, 1991, approve, and submit to a vote of the shareholders,
    an amendment to the articles of incorporation of the corporation to
    extend alienability restrictions. If the amendment is not approved
    by the shareholders, the board of directors may submit another such
    amendment to the shareholders once or more a year until December
    18, 1991.
      (ii) In lieu of approving the amendment to the articles of
    incorporation described in clause (i) and submitting such amendment
    to a vote of the shareholders, at any time prior to January 1,
    1991, the board of directors of a Native Corporation that has
    approved a resolution described in paragraph (1)(A) may approve a
    new resolution rescinding that prior resolution. Upon approval of
    the new resolution rescinding a resolution described in paragraph
    (1)(A), the latter resolution shall be void and alienability
    restrictions on the Settlement Common Stock of such corporation
    shall continue subsequent to December 18, 1991, until such time as
    the alienability restrictions are terminated pursuant to the
    procedure described in subsection (b) of this section.
      (iii) Notwithstanding any other provision of law, a civil action
    that challenges the constitutionality of any provision in clause
    (ii) shall be barred unless it is filed within one year after the
    date of the vote of the board of directors approving a resolution
    to rescind a prior opt-in election under paragraph (1)(A). Any such
    civil action shall be filed in accordance with section 16(b) of the
    Alaska Native Claims Settlement Act Amendments of 1987 (101 Stat.
    1813-1814).
      (C) An amendment submitted pursuant to subparagraph (B) and any
    amendment submitted pursuant to subparagraph (D) may provide for an
    extension of alienability restrictions for - 
        (i) an indefinite period of time, or
        (ii) a specified period of time of not less than one year and
      not more than fifty years.

      (D) If an amendment approved by the shareholders of a Native
    Corporation pursuant to subparagraph (B) or this subparagraph
    extends alienability restrictions for a specified period of time,
    termination of the restrictions at the close of such period may be
    postponed if a further amendment to the articles of incorporation
    of the corporation is approved to extend the restrictions. There
    shall be no limit on the number of such amendments that can be
    approved. Such amendments shall not be effective to extend the
    restrictions unless approved prior to the expiration of the period
    of extension then in force.
      (3)(A) If an amendment to the articles of incorporation of a
    Native Corporation extending alienability restrictions for a
    specified period of time is approved pursuant to paragraph (2), the
    restrictions shall automatically terminate at the end of such
    period unless the restrictions are extended in accordance with the
    provisions of paragraph (2)(D).
      (B) If the board of directors of a Native Corporation electing
    application of this subsection does not submit for a shareholder
    vote an amendment to the articles of incorporation of the
    corporation in accordance with paragraph (2)(B), or if the
    amendment submitted does not comply with paragraph (2)(C),
    alienability restrictions shall not terminate and shall instead
    remain in effect until such time as a court of competent
    jurisdiction, upon petition of one or more shareholders of the
    corporation, orders that a shareholder vote be taken on an
    amendment which complies with paragraph (2)(C) and such vote is
    conducted. Following the vote, the status of alienability
    restrictions shall be determined in accordance with the other
    provisions of this subsection and the amendment, if approved.
      (4)(A) A Native Corporation that approves an amendment to its
    articles of incorporation pursuant to paragraph (2) to extend
    alienability restrictions for an indefinite period of time may
    later amend its articles of incorporation to terminate the
    restrictions. Such amendment shall specify the time of termination,
    either by establishing a date certain or by describing the specific
    event upon which the restrictions shall terminate.
      (B) The rejection of an amendment described in subparagraph (A)
    by the shareholders shall not preclude consideration of subsequent
    amendments to terminate alienability restrictions.
      (5)(A) If a Native Corporation amends its articles of
    incorporation pursuant to paragraph (2) to extend alienability
    restrictions, a shareholder who - 
        (i) voted against such amendment, and
        (ii) desires to relinquish his or her Settlement Common Stock
      in exchange for the stock or payment authorized by the board of
      directors pursuant to subparagraph (B),

    shall notify the Corporation within ninety days of the date of the
    vote of the shareholders on the amendment of his or her desire.
      (B) Within one hundred and twenty days after the date of the vote
    described in subparagraph (A), the board of directors shall approve
    a resolution to provide that each shareholder who has notified the
    corporation pursuant to subparagraph (A) shall receive either - 
        (i) alienable common stock in exchange for his or her
      Settlement Common Stock pursuant to paragraph (6), or
        (ii) an opportunity to request payment for his or her
      Settlement Common Stock pursuant to section 1629d(a)(1)(B) of
      this title.

      (C) This paragraph shall apply only to the first extension of
    alienability restrictions approved by the shareholders. No
    dissenters rights of any sort shall be permitted in connection with
    subsequent extensions of such restrictions.
      (6)(A) If the board of directors of a Native Corporation approves
    a resolution providing for the issuance of alienable common stock
    pursuant to paragraph (5)(B), then on December 18, 1991, or sixty
    days after the approval of the resolution, whichever later occurs,
    the Settlement Common Stock of each shareholder who has notified
    the corporation pursuant to paragraph (5)(A) shall be deemed
    canceled, and shares of alienable common stock of the appropriate
    class shall be issued to such shareholder, share for share, subject
    only to subparagraph (B) and to such restrictions consistent with
    this chapter as may be provided by the articles of incorporation of
    the corporation or in agreements between the corporation and
    individual shareholders.
      (B)(i) Alienable common stock issued in exchange for Settlement
    Common Stock issued subject to the restriction authorized by
    section 1606(g)(1)(B)(iii) of this title shall bear a legend
    indicating that the stock will eventually be canceled in accordance
    with the requirements of that section.
      (ii) Alienable common stock issued in exchange for a class of
    Settlement Common Stock carrying greater per share voting power
    than Settlement Common Stock issued pursuant to subsections
    (g)(1)(A) and (g)(1)(B) of this section shall carry such voting
    power and be subject to such other terms as may be provided in the
    amendment to the articles of incorporation authorizing the issuance
    of such class of Settlement Common Stock.
      (iii) In the resolution authorized by paragraph (5)(B), the board
    of directors shall provide that each share of Settlement Common
    Stock carrying the right to share in distributions made to
    shareholders pursuant to subsections (j) and (m) of section 1606 of
    this title shall be exchanged either for - 
        (I) a share of alienable common stock carrying such right, or
        (II) a share of alienable common stock that does not carry such
      right together with a separate, non-voting security that
      represents only such right.

      (iv) In the resolution authorized by paragraph (5)(B), the board
    of directors may impose upon the alienable common stock to be
    issued in exchange for Settlement Common Stock one or more of the
    following - 
        (I) a restriction granting the corporation, or the corporation
      and members of the shareholder's immediate family who are Natives
      or descendants of Natives the first right to purchase, on
      reasonable terms, the alienable common stock of the shareholder
      prior to the sale or transfer of such stock (other than a
      transfer by will or intestate succession) to any other party,
      including a transfer in satisfaction of a lien, writ of
      attachment, judgment execution, pledge, or other encumbrance; or
        (II) any other term, restriction, limitation, or other
      provision permitted under the laws of the State.

      (C) The articles of incorporation of the Native Corporation shall
    be deemed amended to implement the provisions of the resolution
    authorized by paragraph (5)(B).
      (D) Alienable common stock issued pursuant to this subparagraph
    shall not be subjected to a lien or judgment execution based upon
    any asserted or unasserted legal obligation of the original
    recipient arising prior to the issuance of such stock.
      (7)(A) No share of alienable common stock issued pursuant to
    paragraph (6) shall carry voting rights if it is owned, legally or
    beneficially, by a person not a Native or a descendant of a Native.
      (B)(i) A purchaser or other transferee of shares of alienable
    common stock shall, as a condition of the obligation of the issuing
    Native Corporation to transfer such shares on the books of the
    corporation, deliver to the corporation or transfer agent, as the
    case may be, a statement on a form prescribed by the corporation
    identifying the number of such shares to be transferred to such
    transferee and certifying - 
        (I) that such transferee is or is not a Native or a descendant
      of a Native;
        (II) that such transferee, if not a Native or a descendant of a
      Native, understands that shares of such alienable common stock
      shall not carry voting rights so long as such shares are held by
      the transferee or any subsequent transferee not a Native or a
      descendant of a Native;
        (III) that such transferee, if a purchaser, understands that
      such acquisition may be subject to section 78m(d) of title 15 and
      the regulations of the Securities and Exchange Commission
      promulgated thereunder; and
        (IV) whether such transferee will be the sole beneficial owner
      of such shares (if not, the transferee must certify as to the
      identities of all beneficial owners of such shares and whether
      such owners are Natives or descendants of Natives).

      (ii) The statement required by clause (i) shall be prima facie
    evidence of the matters certified therein and may be relied upon by
    the corporation in effecting a transfer on its books.
      (iii) For purposes of this subparagraph, a beneficial owner of a
    security includes any person (including a corporation, partnership,
    trust, association, or other entity) who, directly or indirectly,
    through any contract, arrangement, understanding, relationship, or
    otherwise has or shares - 
        (I) voting power, which includes the power to vote, or to
      direct the voting of, such security; or
        (II) investment power, which includes the power to dispose of,
      or to direct the disposition of, such security.

      (iv) Any person who, directly or indirectly, creates or uses a
    trust, proxy, power of attorney, pooling arrangement, or any other
    contract, arrangement, or device with the purpose or effect of
    divesting such person of beneficial ownership of a security or
    preventing the vesting of such beneficial ownership as part of a
    plan or scheme to evade the requirements imposed by this section or
    section 78m(d) of title 15 shall be deemed for purposes of such
    sections to be the beneficial owner of such security.
      (C) The statement required by subparagraph (B) shall be verified
    by the transferee before a notary public or other official
    authorized to administer oaths in accordance with the laws of the
    jurisdiction of the transferee or in which the transfer is made.

-SOURCE-
    (Pub. L. 92-203, Sec. 37, as added Pub. L. 100-241, Sec. 8, Feb. 3,
    1988, 101 Stat. 1797; amended Pub. L. 101-378, title III, Sec. 301,
    Aug. 17, 1990, 104 Stat. 471; Pub. L. 102-201, title III, Sec. 301,
    Dec. 10, 1991, 105 Stat. 1633.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 16(b) of the Alaska Native Claims Settlement Act
    Amendments of 1987, referred to in subsec. (d)(2)(B)(iii), is
    section 16(b) of Pub. L. 100-241, which is set out as a note under
    section 1601 of this title.

-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (a). Pub. L. 102-201 substituted "July 16, 1993:
    Provided, however, That this prohibition shall not apply to a
    Native Corporation whose board of directors approves, no later than
    March 1, 1992, a resolution (certified by the corporate secretary
    of such corporation) electing to decline the application of such
    prohibition" for "December 18, 1991".
      1990 - Subsec. (d)(1)(A). Pub. L. 101-378, Sec. 301(1), inserted
    before period at end "and such resolution is not validly rescinded
    pursuant to paragraph (2)(B)(ii)".
      Subsec. (d)(2)(B). Pub. L. 101-378, Sec. 301(2), (3), designated
    existing provisions as cl. (i) and added cls. (ii) and (iii).

-End-

-CITE-
    43 USC Sec. 1629d                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1629d. Dissenters rights

-STATUTE-
    (a) Coverage
      (1) Notwithstanding the laws of the State, if the shareholders of
    a Native Corporation - 
        (A) fail to approve an amendment authorized by section 1629c(b)
      of this title to terminate alienability restrictions, a
      shareholder who voted for the amendment may demand payment from
      the corporation for all of his or her shares of Settlement Common
      Stock; or
        (B) approve an amendment authorized by section 1629c(d) of this
      title to continue alienability restrictions without issuing
      alienable common stock pursuant to section 1629c(d)(6) of this
      title, a shareholder who voted against the amendment may demand
      payment from the corporation for all of his or her shares of
      Settlement Common Stock.

      (2)(A) A demand for payment made pursuant to paragraph (1)(A)
    shall be honored only if at the same time as the vote giving rise
    to the demand, the shareholders of the corporation approved a
    resolution providing for the purchase of Settlement Common Stock
    from dissenting shareholders.
      (B) A demand for payment made pursuant to paragraph (1)(B) shall
    be honored.
    (b) Relationship to State procedure
      (1) Except as otherwise provided in this section, the laws of the
    State governing the right of a dissenting shareholder to demand and
    receive payment for his or her shares shall apply to demands for
    payment honored pursuant to subsection (a)(2) of this section.
      (2) The board of directors of a Native Corporation may approve a
    resolution to provide a dissenting shareholder periods of time
    longer than those provided under the laws of the State to take
    actions required to demand and receive payment for his or her
    shares.
    (c) Valuation of stock
      (1) Prior to a vote described in subsection (a)(1) of this
    section, the board of directors of a Native Corporation may approve
    a resolution to provide that one or more of the following
    conditions will apply in the event a demand for payment is honored
    pursuant to subsection (a)(2) of this section - 
        (A) the Settlement Common Stock shall be valued as restricted
      stock; and
        (B) the value of - 
          (i) any land conveyed to the corporation pursuant to section
        1613(h)(1) of this title or any other land used as a cemetery;
        and
          (ii) the surface estate of any land that is both - 
            (I) exempt from real estate taxation pursuant to section
          1636(d)(1)(A) of this title, and
            (II) used by the shareholders of the corporation for
          subsistence uses (as defined in section 3113 of title 16); or

          (iii) any land or interest in land which the board of
        directors believes to be only of speculative value;

      shall be excluded by the shareholder making the demand for
      payment, the corporation purchasing the Settlement Common Stock
      of the shareholder, and any court determining the fair value of
      the shares of Settlement Common Stock to be purchased.

      (2) No person shall have a claim against a Native Corporation or
    its board of directors based upon the failure of the board to
    approve a resolution authorized by this subsection.
    (d) Form of payment
      (1) Prior to a vote described in subsection (a)(1) of this
    section, the board of directors of a Native Corporation may approve
    a resolution to provide that in the event a demand for payment is
    honored pursuant to subsection (a)(2) of this section payments to
    each dissenting shareholder shall be made by the corporation
    through the issuance of a negotiable note in the principal amount
    of the payment due, which shall be secured by - 
        (A) a payment bond issued by an insurance company or financial
      institution;
        (B) the deposit in escrow of securities or property having a
      fair market value equal to at least 125 per centum of the face
      value of the note; or
        (C) a lien upon real property interests of the corporation
      valued at 125 percent or more of the face amount of the note,
      except that no such lien shall be applicable to - 
          (i) land conveyed to the corporation pursuant to section
        1613(h)(1) of this title, or any other land used as a cemetery;
          (ii) the percentage interest in the corporation's timber
        resources and subsurface estate that exceeds its percentage
        interest in revenues from such property under section 1606(i)
        of this title; or
          (iii) the surface estate of land that is both - 
            (I) exempt from real estate taxation pursuant to section
          1636(d)(1)(A) of this title; and
            (II) used by the shareholders of the corporation for
          subsistence uses (as defined in section 3113 of title 16),

      unless the Board of Directors (!1) of the corporation acts so as
      to make such lien applicable to such surface estate.

      (2) A note issued pursuant to paragraph (1) shall provide that - 
        (A) interest shall be paid semi-annually, beginning as of the
      date on which the vote described in subsection (a)(1) of this
      section occurred, at the rate applicable on such date to
      obligations of the United States having a maturity date of one
      year, and
        (B) the principal amount and accrued interest on such note
      shall be payable to the holder at a time specified by the
      corporation but in no event later than the date that is five
      years after the date of the vote described in subsection (a)(1)
      of this section.
    (e) Dividend adjustment
      (1) The cash payment made pursuant to subsection (a) of this
    section or the principal amount of a note issued pursuant to
    subsection (d) of this section to a dissenting shareholder shall be
    reduced by the amount of dividends paid to such shareholder with
    respect to his or her Settlement Common Stock after the date of the
    vote described in subsection (a)(1) of this section.
      (2) Upon receipt of a cash payment pursuant to subsection (a) of
    this section or a note pursuant to subsection (d) of this section,
    a dissenting shareholder shall no longer have an interest in the
    shares of Settlement Common Stock or in the Native Corporation.

-SOURCE-
    (Pub. L. 92-203, Sec. 38, as added Pub. L. 100-241, Sec. 9, Feb. 3,
    1988, 101 Stat. 1802.)

-FOOTNOTE-
    (!1) So in original. Probably should not be capitalized.

-End-

-CITE-
    43 USC Sec. 1629e                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1629e. Settlement Trust option

-STATUTE-
    (a) Conveyance of corporate assets
      (1)(A) A Native Corporation may convey assets (including stock or
    beneficial interests therein) to a Settlement Trust in accordance
    with the laws of the State (except to the extent that such laws are
    inconsistent with this section and section 1629b of this title).
      (B) The approval of the shareholders of the corporation in the
    form of a resolution shall be required to convey all or
    substantially all of the assets of the corporation to a Settlement
    Trust. A conveyance in violation of this clause shall be void ab
    initio and shall not be given effect by any court.
      (2) No subsurface estate in land shall be conveyed to a
    Settlement Trust. A conveyance of title to, or any other interest
    in, subsurface estate in violation of this subparagraph shall be
    void ab initio and shall not be given effect by any court.
      (3) Conveyances made pursuant to this subsection - 
        (A) shall be subject to applicable laws respecting fraudulent
      conveyance and creditors rights; and
        (B) shall give rise to dissenters rights to the extent provided
      under the laws of the State only if - 
          (i) the rights of beneficiaries in the Settlement Trust
        receiving a conveyance are inalienable; and
          (ii) a shareholder vote on such transfer is required by
        (a)(4) (!1) of section 1629b of this title.

      (4) The provisions of this subsection shall not prohibit a Native
    Corporation from engaging in any conveyance, reorganization, or
    transaction not otherwise prohibited under the laws of the State or
    the United States.
    (b) Authority and limitations of a Settlement Trust
      (1) The purpose of a Settlement Trust shall be to promote the
    health, education, and welfare of its beneficiaries and preserve
    the heritage and culture of Natives. A Settlement Trust shall not -
    
        (A) operate as a business;
        (B) alienate land or any interest in land received from the
      settlor Native Corporation (except if the recipient of the land
      is the settlor corporation or the land is conveyed for a homesite
      by the Trust to a beneficiary of the Trust who is also a legal
      resident under Alaska law of the Native village of the settlor
      corporation and the conveyance does not exceed 1.5 acres); or
        (C) discriminate in favor of a group of individuals composed
      only or principally of employees, officers, or directors of the
      settlor Native Corporation.

    An alienation of land or an interest in land in violation of this
    paragraph shall be void ab initio and shall not be given effect by
    any court.
      (2) A Native Corporation that has established a Settlement Trust
    shall have exclusive authority to - 
        (A) appoint the trustees of the trust, and
        (B) remove the trustees of the trust for cause.

    Only a natural person shall be appointed a trustee of a Settlement
    Trust. An appointment or removal of a trustee in violation of this
    paragraph shall be void ab initio and shall not be given effect by
    any court.
      (3) A Native Corporation that has established a Settlement Trust
    may expand the class of beneficiaries to include holders of
    Settlement Common Stock issued after the establishment of the trust
    without compensation to the original beneficiaries.
      (4) A Settlement Trust shall not be held to violate any laws
    against perpetuities.
    (c) Savings
      (1) The provisions of this chapter shall continue to apply to any
    land or interest in land received from the Federal Government
    pursuant to this chapter and later conveyed to a Settlement Trust
    as if the land or interest in land were still held by the Native
    Corporation that conveyed the land or interest in land.
      (2) No timber resources subject to section 1606(i) of this title
    conveyed to a Settlement Trust shall be sold, exchanged, or
    otherwise conveyed except as necessary to - 
        (A) dispose of diseased or dying timber or to prevent the
      spread of disease or insect infestation;
        (B) prevent or suppress fire; or
        (C) ensure public safety.

    The revenue, if any, from such timber harvests shall be subject to
    section 1606(i) of this title as if such conveyance had not
    occurred.
      (3) The conveyance of assets (including stock or beneficial
    interests) pursuant to subsection (a) of this section shall not
    affect the applicability or enforcement (including specific
    performance) of a valid contract, judgment, lien, or other
    obligation (including an obligation arising under section 1606(i)
    of this title) to which such assets, stock, or beneficial interests
    were subject immediately prior to such conveyance.
      (4) A claim based upon paragraph (1), (2), or (3) shall be
    enforceable against the transferee Settlement Trust holding the
    land, interest in land, or other assets (including stock or
    beneficial interests) in question to the same extent as such claim
    would have been enforceable against the transferor Native
    Corporation, and valid obligations arising under section 1606(i) of
    this title as well as claims with respect to a conveyance in
    violation of a valid contract, judgment, lien, or other obligation
    shall also be enforceable against the transferor corporation.
      (5) Except as provided in paragraphs (1), (2), (3), and (4), once
    a Native Corporation has made, pursuant to subsection (a) of this
    section, a conveyance to a Settlement Trust that does not - 
        (A) render it - 
          (i) unable to satisfy claims based upon paragraph (1), (2),
        or (3); or
          (ii) insolvent; or

        (B) occur when the Native Corporation is insolvent;

    the assets so conveyed to the Settlement Trust shall not be subject
    to attachment, distraint, or sale on execution of judgment or other
    process or order of any court, except with respect to the lawful
    debts or obligations of the Settlement Trust.
      (6) No transferee Settlement Trust shall make a distribution or
    conveyance of assets (including cash, stock, or beneficial
    interests) that would render it unable to satisfy a claim made
    pursuant to paragraph (1), (2), or (3). A distribution or
    conveyance made in violation of this paragraph shall be void ab
    initio and shall not be given effect by any court.
      (7) Except where otherwise expressly provided, no provision of
    this section shall be construed to require shareholder approval of
    an action where shareholder approval would not be required under
    the laws of the State.
      (8) A beneficiary's interest in a settlement trust and the
    distributions thereon shall be subject to creditor action
    (including without limitation, levy attachment, pledge, lien,
    judgment execution, assignment, and the insolvency and bankruptcy
    laws) only to the extent that Settlement Common Stock and the
    distributions thereon are subject to such creditor action under
    section 1606(h) of this title.

-SOURCE-
    (Pub. L. 92-203, Sec. 39, as added Pub. L. 100-241, Sec. 10, Feb.
    3, 1988, 101 Stat. 1804; amended Pub. L. 105-333, Sec. 13, Oct. 31,
    1998, 112 Stat. 3135; Pub. L. 106-559, title III, Sec. 302, Dec.
    21, 2000, 114 Stat. 2782; Pub. L. 108-7, div. F, title III, Sec.
    337(b), Feb. 20, 2003, 117 Stat. 278.)

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a)(3)(B). Pub. L. 108-7, Sec. 337(b), which
    directed that section 1629e(a)(3) of title 43, United States Code,
    be amended by adding subpar. (B) and striking out former subpar.
    (B), was executed to section 39 of Pub. L. 92-203, which is
    classified to this section, to reflect the probable intent of
    Congress. Former subpar. (B) read as follows: "shall give rise to
    dissenters rights to the extent provided under the laws of the
    State only if the rights of beneficiaries in the Settlement Trust
    receiving a conveyance are inalienable."
      2000 - Subsec. (c)(8). Pub. L. 106-559 added par. (8).
      1998 - Subsec. (b)(1)(B). Pub. L. 105-333 inserted "or the land
    is conveyed for a homesite by the Trust to a beneficiary of the
    Trust who is also a legal resident under Alaska law of the Native
    village of the settlor corporation and the conveyance does not
    exceed 1.5 acres" after "settlor corporation".

-FOOTNOTE-
    (!1) So in original. Probably should be preceded by "subsection".

-End-

-CITE-
    43 USC Sec. 1629f                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1629f. Claims arising from contamination of transferred lands

-STATUTE-
      (a) As used in this section the term "contaminant" means (!1)
    hazardous substance harmful to public health or the environment,
    including friable asbestos.

      (b) Within 18 months of November 2, 1995, and after consultation
    with the Secretary of Agriculture, State of Alaska, and appropriate
    Alaska Native Corporations and organizations, the Secretary shall
    submit to the Committee on Resources of the House of
    Representatives and the Committee on Energy and Natural Resources
    of the Senate, a report addressing issues presented by the presence
    of contaminants on lands conveyed or prioritized for conveyance to
    such corporations pursuant to this chapter. Such report shall
    consist of - 
        (1) existing information concerning the nature and types of
      contaminants present on such lands prior to conveyance to Alaska
      Native Corporations;
        (2) existing information identifying to the extent practicable
      the existence and availability of potentially responsible parties
      for the removal or remediation of the effects of such
      contaminants;
        (3) identification of existing remedies;
        (4) recommendations for any additional legislation that the
      Secretary concludes is necessary to remedy the problem of
      contaminants on the lands; and
        (5) in addition to the identification of contaminants,
      identification of structures known to have asbestos present and
      recommendations to inform Native landowners on the containment of
      asbestos.

-SOURCE-
    (Pub. L. 92-203, Sec. 40, as added Pub. L. 104-42, title I, Sec.
    103, Nov. 2, 1995, 109 Stat. 354.)

-FOOTNOTE-
    (!1) So in original. Probably should be "means a".

-End-

-CITE-
    43 USC Sec. 1629g                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1629g. Open season for certain Alaska Native veterans for
      allotments

-STATUTE-
    (a) In general
      (1) During the eighteen month period following promulgation of
    implementing rules pursuant to subsection (e) of this section, a
    person described in subsection (b) of this section shall be
    eligible for an allotment of not more than two parcels of federal
    (!1) land totaling 160 acres or less under the Act of May 17, 1906
    (chapter 2469; 34 Stat. 197), as such Act was in effect before
    December 18, 1971.

      (2) Allotments may be selected only from lands that were vacant,
    unappropriated, and unreserved on the date when the person eligible
    for the allotment first used and occupied those lands.
      (3) The Secretary may not convey allotments containing any of the
    following - 
        (A) lands upon which a native or non-native campsite is
      located, except for a campsite used primarily by the person
      selecting the allotment;
        (B) lands selected by, but not conveyed to, the State of Alaska
      pursuant to the Alaska Statehood Act or any other provision of
      law;
        (C) lands selected by, but not conveyed to, a Village or
      Regional Corporation;
        (D) lands designated as wilderness by statute;
        (E) acquired lands;
        (F) lands containing a building, permanent structure, or other
      development owned or controlled by the United States, another
      unit of government, or a person other than the person selecting
      the allotment;
        (G) lands withdrawn or reserved for national defense purposes
      other than National Petroleum Reserve-Alaska;
        (H) National Forest Lands; and
        (I) lands selected or claimed, but not conveyed, under a public
      land law, including but not limited to the following:
          (1) Lands within a recorded mining claim.
          (2) Home sites.
          (3) Trade and Manufacturing sites.
          (4) Reindeer sites or headquarters sites.
          (5) Cemetery sites.

      (4) A person who qualifies for an allotment on lands prohibited
    from conveyance by a provision of subsection (a)(3) of this section
    may select an alternative allotment from the following lands
    located within the geographic boundaries of the same Regional
    Corporation as the excluded allotment - 
        (A) lands withdrawn pursuant to section 1610(a)(1) of this
      title which were not selected, or were relinquished after
      selection;
        (B) lands contiguous to the outer boundary of lands withdrawn
      pursuant to section 1610(a)(1)(C) of this title, except lands
      excluded from selection by a provision of subsection (a)(3) of
      this section and lands within a National Park; or
        (C) vacant, unappropriated and unreserved lands.

      (5) After consultation with a person entitled to an allotment
    within a Conservation System Unit, the Secretary may convey
    alternative lands of equal acreage, including lands within a
    Conservation System Unit, to that person if the Secretary
    determines that the allotment would be incompatible with a purpose
    for which the Conservation System Unit was established.
      (6) All conveyances under this section shall - 
        (A) be subject to valid existing rights, including any right of
      the United States to income derived, directly or indirectly, from
      a lease, license, permit, right-of-way or easement; and
        (B) reserve to the United States deposits of oil, gas and coal,
      together with the right to explore, mine, and remove these
      minerals, on lands which the Secretary determines to be
      prospectively valuable for development.
    (b) Eligible person
      (1) A person is eligible to select an allotment under this
    section if that person - 
        (A) would have been eligible for an allotment under the Act of
      May 17, 1906 (chapter 2469; 34 Stat. 197), as that Act was in
      effect before December 18, 1971 (except that the term
      "nonmineral", as used in that Act, shall for the purpose of this
      subsection be defined as provided in section 1634(a)(3) of this
      title, except that such definition shall not apply to land within
      a conservation system unit); and
        (B) is a veteran who served during the period between January
      1, 1969 and December 31, 1971 and - 
          (i) served at least 6 months between January 1, 1969 and
        December 31, 1971; or
          (ii) enlisted or was drafted into military service after June
        2, 1971 but before December 3, 1971.

      (2)(A) The personal representative or special administrator,
    appointed in an Alaska State court proceeding of the estate of a
    decedent who was eligible under subsection (b)(1)(A) of this
    section may, for the benefit of the heirs, select an allotment if
    the decedent was a veteran who served in South East Asia at any
    time during the period beginning August 5, 1964, and ending
    December 31, 1971, and during that period the decedent - 
        (i) was killed in action;
        (ii) was wounded in action and subsequently died as a direct
      consequence of that wound, as determined by the Department of
      Veterans Affairs or based on other evidence acceptable to the
      Secretary; or
        (iii) died while a prisoner of war.

      (B)(i) If the Secretary requests that the Secretary of Veterans
    Affairs make a determination whether a veteran died as a direct
    consequence of a wound received in action, the Secretary of
    Veterans Affairs shall, within 60 days of receipt of the request - 
        (I) provide a determination to the Secretary if the records of
      the Department of Veterans Affairs contain sufficient information
      to support such a determination; or
        (II) notify the Secretary that the records of the Department of
      Veterans Affairs do not contain sufficient information to support
      a determination and that further investigation will be necessary.

      (ii) Not later than 1 year after notification to the Secretary
    that further investigation is necessary, the Department of Veterans
    Affairs shall complete the investigation and provide a
    determination to the Secretary.
      (3) No person who received an allotment or has a pending
    allotment under the Act of May 17, 1906 may receive an allotment
    under this section.
    (c) Study and report
      (1) The Secretary of the Interior shall conduct a study to
    identify and assess the circumstances of veterans of the Vietnam
    era who - 
        (A) served during a period other than that specified in
      subsection (b)(1)(B) of this section;
        (B) were eligible for an allotment under the Act of May 17,
      1906; and
        (C) did not apply for an allotment under that Act.

      (2) The Secretary shall, within one year of October 21, 1998,
    issue a written report on the study, including findings and
    recommendations, to the Committee on Appropriations and the
    Committee on Energy and Natural Resources in the Senate and the
    Committee on Appropriations and the Committee on Resources in the
    House of Representatives.
    (d) Definitions
      For the purposes of this section, the terms "veteran" and
    "Vietnam era" have the meanings given those terms by paragraphs (2)
    and (29), respectively, of section 101 of title 38.
    (e) Regulations
      No later than 18 months after October 21, 1998, the Secretary of
    the Interior shall promulgate, after consultation with Alaska
    Natives groups, rules to carry out this section.

-SOURCE-
    (Pub. L. 92-203, Sec. 41, as added Pub. L. 105-276, title IV, Sec.
    432, Oct. 21, 1998, 112 Stat. 2516; amended Pub. L. 106-559, title
    III, Sec. 301, Dec. 21, 2000, 114 Stat. 2782; Pub. L. 108-452,
    title III, Sec. 306, Dec. 10, 2004, 118 Stat. 3590.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of May 17, 1906, referred to in subsecs. (a)(1), (b)(1)(A),
    (3) and (c)(1)(B), (C), is act May 17, 1906, ch. 2469, 34 Stat.
    197, as amended, which was classified to sections 270-1 to 270-3 of
    this title prior to its repeal by Pub. L. 92-203, Sec. 18(a), Dec.
    18, 1971, 85 Stat. 710.
      The Alaska Statehood Act, referred to in subsec. (a)(3)(B), is
    Pub. L. 85-508, July 7, 1958, 72 Stat. 339, as amended, which is
    set out as a note preceding section 21 of Title 48, Territories and
    Insular Possessions. For complete classification of this Act to the
    Code, see Tables.
      Public land law, referred to in subsec. (a)(3)(I), is classified
    generally to this title.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b)(1)(A). Pub. L. 108-452, Sec. 306(1), inserted
    before semicolon at end "(except that the term 'nonmineral', as
    used in that Act, shall for the purpose of this subsection be
    defined as provided in section 1634(a)(3) of this title, except
    that such definition shall not apply to land within a conservation
    system unit)".
      Subsec. (b)(2). Pub. L. 108-452, Sec. 306(2), designated existing
    provisions as subpar. (A), redesignated former subpars. (A) to (C)
    as cls. (i) to (iii), respectively, of subpar. (A), inserted "or
    based on other evidence acceptable to the Secretary" after
    "Department of Veterans Affairs" in cl. (ii), and added subpar.
    (B).
      2000 - Subsec. (a)(3)(I)(4). Pub. L. 106-559, Sec. 301(1),
    substituted "or" for "and Reindeer".
      Subsec. (a)(4)(B). Pub. L. 106-559, Sec. 301(2), substituted ";
    or" for "; and" at end.
      Subsec. (b)(1)(B)(i). Pub. L. 106-559, Sec. 301(3), substituted
    "December 31" for "June 2".
      Subsec. (b)(2). Pub. L. 106-559, Sec. 301(4), inserted
    introductory provisions and struck out former introductory
    provisions which read as follows: "The personal representative of
    the estate of a decedent who was eligible under subsection (b)(1)
    of this section may, for the benefit of the heirs, select an
    allotment if, during the period specified in subsection (b)(1)(B)
    of this section, the decedent - ".

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.

-End-

-CITE-
    43 USC Sec. 1629h                                           01/02/2006

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT

-HEAD-
    Sec. 1629h. Kake Tribal Corporation land transfer

-STATUTE-
    (a) In general
      If - 
        (1) the State of Alaska relinquishes its selection rights under
      the Alaska Statehood Act (Public Law 85-508) to lands described
      in subsection (c)(2) of this section; and
        (2) Kake Tribal Corporation and Sealaska Corporation convey all
      right, title, and interest to lands described in subsection
      (c)(1) of this section to the City of Kake, Alaska,

    then the Secretary of Agriculture (hereinafter referred to as
    "Secretary") shall, not later than 180 days thereafter, convey to
    Kake Tribal Corporation title to the surface estate in the land
    identified in subsection (c)(2) of this section, and convey to
    Sealaska Corporation title to the subsurface estate in such land.
    (b) Effect on selection totals
      (1) Of the lands to which the State of Alaska relinquishes
    selection rights and which are conveyed to the City of Kake
    pursuant to subsection (a) of this section, 694.5 acres shall be
    charged against lands to be selected by the State of Alaska under
    section 6(a) of the Alaska Statehood Act and 694.5 acres against
    lands to be selected by the State of Alaska under section 6(b) of
    the Alaska Statehood Act.
      (2) The land conveyed to Kake Tribal Corporation and to Sealaska
    Corporation under this section is, for all purposes, considered to
    be land conveyed under this chapter. However, the conveyance of
    such land to Kake Tribal Corporation shall not count against or
    otherwise affect the Corporation's remaining entitlement under
    section 1615(b) of this title.
    (c) Lands subject to exchange
      (1) The lands to be transferred to the City of Kake under
    subsection (a) of this section are the surface and subsurface
    estate to approximately 1,430 acres of land owned by Kake Tribal
    Corporation and Sealaska Corporation, and depicted as "KTC Land to
    City of Kake" on the map entitled "Kake Land Exchange-2000", dated
    May 2000.
      (2) The lands subject to relinquishment by the State of Alaska
    and to conveyance to Kake Tribal Corporation and Sealaska
    Corporation under subsection (a) of this section are the surface
    and subsurface estate to approximately 1,389 acres of Federal lands
    depicted as "Jenny Creek-Land Selected by the State of Alaska to
    KTC" on the map entitled "Kake Land Exchange-2000", dated May 2000.
      (3) In addition to the transfers authorized under subsection (a)
    of this section, the Secretary may acquire from Sealaska
    Corporation the subsurface estate to approximately 1,127 acres of
    land depicted as "KTC Land-Conservation Easement to SEAL Trust" on
    the map entitled "Kake Land Exchange-2000", dated May 2000, through
    a land exchange for the subsurface estate to approximately 1,168
    acres of Federal land in southeast Alaska that is under the
    administrative jurisdiction of the Secretary. Any exchange under
    this paragraph shall be subject to the mutual consent of the United
    States Forest Service and Sealaska Corporation.
    (d) Withdrawal
      Subject to valid existing rights, the lands described in
    subsection (c)(2) of this section are withdrawn from all forms of
    location, entry, and selection under the mining and public land
    laws of the United States and from leasing under the mineral and
    geothermal leasing laws. This withdrawal expires 18 months after
    the effective date of this section.
    (e) Maps
      The maps referred to in this chapter shall be maintained on file
    in the Office of the Chief, United States Forest Service, the
    Office of the Secretary of the Interior, and the Office of the
    Petersburg Ranger District, Alaska.
    (f) Watershed management
      The United States Forest Service may cooperate with Kake Tribal
    Corporation and the City of Kake in developing a watershed
    management plan that provides for the protection of the watershed
    in the public interest. Grants may be made, and contracts and
    cooperative agreements may be entered into, to the extent necessary
    to assist the City of Kake and Kake Tribal Corporation in the
    preparation and implementation of a watershed management plan for
    the land within the City of Kake's municipal watershed.
    (g) Effective date
      This section is effective upon the execution of one or more
    conservation easements that, subject to valid existing rights of
    third parties - 
        (1) encumber all lands depicted as "KTC Land to City of Kake"
      and "KTC Land-Conservation Easement to SEAL Trust" on a map
      entitled "Kake Land Exchange-2000" dated May 2000;
        (2) provide for the relinquishment by Kake Tribal Corporation
      of the Corporation's development rights on lands described in
      paragraph (1); and
        (3) provide for perpetual protection and management of lands
      depicted as "KTC Land to City of Kake" and "KTC Land-Conservation
      Easement to SEAL Trust" on the map described in paragraph (1) as -
       
          (A) a watershed;
          (B) a municipal drinking water source in accordance with the
        laws of the State of Alaska;
          (C) a source of fresh water for the Gunnuk Creek Hatchery;
        and
          (D) habitat for black bear, deer, birds, and other wildlife.
    (h) Timber manufacturing; export restriction
      Notwithstanding any other provision of law, timber harvested from
    lands conveyed to Kake Tribal Corporation under this section shall
    not be available for export as unprocessed logs from Alaska, nor
    may Kake Tribal Corporation sell, trade, exchange, substitute, or
    otherwise convey such timber to any person for the purpose of
    exporting that timber from the State of Alaska.
    (i) Authorization of appropriations
      There are authorized such sums as may be necessary to carry out
    this chapter, including to compensate Kake Tribal Corporation for
    relinquishing its development rights pursuant to subsection (g)(2)
    of this section and to provide assistance to Kake Tribal
    Corporation to meet the requirements of subsection (h) of this
    section. No funds authorized under this section may be paid to Kake
    Tribal Corporation unless Kake Tribal Corporation is a party to the
    conservation easements described in subsection (g) of this section.

-SOURCE-
    (Pub. L. 92-203, Sec. 42, as added Pub. L. 106-283, Sec. 3, Oct. 6,
    2000, 114 Stat. 867.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Alaska Statehood Act, referred to in subsecs. (a)(1) and
    (b)(1), is Pub. L. 85-508, July 7, 1958, 72 Stat. 339, as amended,
    which is set out as a note preceding section 21 of Title 48,
    Territories and Insular Possessions. For complete classification of
    this Act to the Code, see Tables.
      The mining laws and the mineral leasing laws, referred to in
    subsec. (d), are classified generally to Title 30, Mineral Lands
    and Mining.
      The public land laws, referred to in subsec. (d), are classified
    generally to this title.
      The geothermal leasing laws, referred to in subsec. (d), are
    classified principally to chapter 23 (Sec. 1001 et seq.) of Title
    30, Mineral Lands and Mining.

-MISC1-
                          DECLARATION OF PURPOSE                      
      Pub. L. 106-283, Sec. 2, Oct. 6, 2000, 114 Stat. 867, provided
    that: "The purpose of this Act [see Short Title of 2000 Amendment
    note set out under section 1601 of this title] is to authorize the
    reallocation of lands and selection rights between the State of
    Alaska, Kake Tribal Corporation, and the City of Kake, Alaska, in
    order to provide for the protection and management of the municipal
    watershed."

-End-