(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. (c) Establishment of thirteenth region for non- (e) Original articles and bylaws: approval by (h) Stockholders' rights; alienation restriction: (1) Certain natural resource revenues; distribu- (1) Corporate funds and other net income, dis- Regional Corporations-Continued (1) 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. Projects for Village Corporations. Annual audit; place; availability of papers, things, or property to auditors to facilitate audits; verification of transactions; report to stockholders, Secretary, and Congressional committees. (n) (0) (p) Federal-State conflict of laws. (q) Business management groups; investment services contracts. 1607. Village Corporations. 1608. (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 and other documents. (c) Regional Corporation stock alienation, annual audit, and transfer of stock ownership on death or by court decree: provisions applicable to Village Corporations; permissive transmittal of audits to congressional committees. 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 (d) Distribution of bonuses, rentals, and royal- (f) Oil and gas revenues; amount payable equal (h) Final payment; order of computation. 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; ex- 1611. Native land selections. (a) Acreage limitation; proximity of selections (d) Village Corporation for Native village at 1612. Surveys. 1613. (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 Conveyance of lands. (c) Patent requirements; order of conveyance; (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 of land conveyances. 1614. Timber sale contracts; modification. 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. 1616. Joint Federal-State Land Use Planning Commis sion for Alaska. (a) (1) Establishment; membership. (2) Cochairmen; concurrence in decisions of Commission. (3) Quorum; removal; vacancies. (4) Compensation and travel, subsistence, and other necessary expenses. (5) Cochairmen; appointment and compensation of personnel, experts, and consultants. (6) Hearings; testimony and evidence; proceedings and reports; sessions; availability of information from Federal executive agen cies. (7) Duties and powers of Commission. (8) Reports to President, Congress, Governor, and Legislature; recordkeeping, public inspection. (9) Federal share of costs; authorization of appropriations. (10) Final report to President, Congress, Governor, and Legislature; termination date. (b) Public easements; continuance of access rights under valid existing rights. 1616. 1617. Joint Federal-State Land Use-Continued (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. Indian allotment authority in Alaska; revocation; charging allotments on pending application against statutory acreage grant. 1618. Reservations; revocation; excepted reserve; acquisition of title to surface and subsurface estates in reserve: election of Village Corporations. 1619. Attorney and consultant fees. 1620. 1621. 1622. (a) Holding moneys in Fund for authorized payments. (b) Claims; submission. (c) Same; filing date; form; information. (d) Same; rules for receipt, determination, and settlement. (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. Taxation. (a) Fund revenues exemption; investment income taxable. (b) Shares of stock exemption. (c) Land or land interests exemption; basis on disposition of land or land interests. (d) Real property interests: exemption period for interests not developed or leased, developed or leased interests taxable, certain real property interests taxable; derivative revenues or proceeds taxable. (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. Miscellaneous provisions. (a) Contract restrictions; percentage fee; enforcement; liens, executions, or judgments. (b) Patents for homesteads, headquarter 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. (1) Administration of withdrawn lands; contracting and other authority of Secretaries not impaired by withdrawal. (1) Administration actions in absence of protraction diagrams and nonconformity to Land Survey System to accomplish purposes of chapter; deed notation of adjustments to insure beneficiaries of land grants their full entitlement. (k) National forest land patents; conditions. (1) Land selection limitation; proximity to home rule or first class city and Ketchikan. Annual reports to Congress until 1984; submission in 1985 of report of status of Natives, summary of actions taken, and recommendations. CHAPTER REFERRED TO IN OTHER SECTION This chapter is referred to in title 29 section 872. § 1601. Congressional findings and declaration of policy. 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 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, 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. (Pub. L. 92-203, § 2, Dec. 18, 1971, 85 Stat. 688.) REFERENCES IN TEXT Public Works and Economic Development Act of 1965, as amended, referred to in subsec. (g), is classified to chapter 30 (section 3121 et seq.) of Title 42, The Public Health and Welfare. 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'." SAVING CLAUSE Section 26 of Pub. L. 92-203 provided that: "To the extent that there is a conflict between any provision of this Act [this chapter] and any other Federal laws applicable to Alaska, the provisions of this Act [this chapter] shall govern." SEPARABILITY OF PROVISIONS Section 27 of Pub. L. 92-203 provided that: "If any provision of this Act [this chapter] or the applicability thereof is held invalid the remainder of this Act [this chapter] shall not be affected thereby." § 1602. Definitions. 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 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 twentyfive 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, 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. (k) "Fund" means the Alaska Native Fund in the Treasury of the United States established by section 1605 of this title; and (1) "Planning Commission" means the Joint Federal-State Land Use Planning Commission established by section 1616 of this title. (Pub. L. 92-203, § 3, Dec. 18, 1971, 85 Stat. 689.) REFERENCES IN TEXT Section 6(g) of the Alaska Statehood Act, as amended, referred to in subsec. (e), is set out in note preceding section 21 of Title 48, Territories and Insular Possessions. § 1603. Declaration of settlement. (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. (Pub. L. 92-203, § 4, Dec. 18, 1971, 85 Stat. 689.) REFERENCES IN TEXT Section 6(g) of the Alaska Statehood Act, referred to in subsec. (a), is set out in note preceding section 21 of Title 48, Territories and Insular Possessions. § 1604. Enrollment. (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. 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. (Pub. L. 92-203, § 5, Dec. 18, 1971, 85 Stat. 690.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1605, 1606 of this title. § 1605. Alaska Native Fund. (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 sixth fiscal year; and (E) $30,000,000 during each of the next five fiscal years. (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 or 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. (Pub. L. 92-203, § 6, Dec. 18, 1971, 85 Stat. 690.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1602, 1606, 1619, 1621 of this title. § 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. 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 approxi mate the areas covered by the operations of the following existing Native associations: (1) Artic 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 Kuskokwin 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 profits; 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 Corpora |