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43 U.S.C. § 1629b — Procedures for considering amendments and resolutions

Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1629b — Procedures for considering amendments and resolutions

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Source file: Laws/federal/codes/united-states-code/title-43/section-1629b-procedures-for-considering-amendments-and-resolutions--36f3e36de6.md
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Source location: Title 43, Chapter 33, § 1629b; chapter-033-alaska-native-claims-settlement.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1606&num=0&edition=prelim), subsection (d)(1)(B) of this section, or [section 1629c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1629c&num=0&edition=prelim); (2) a resolution authorized by [section 1629d(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1629d/a/2&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1629e/a/1&num=0&edition=prelim); shall be considered in accordance with the provisions of this section. **(b) Basic procedure** (1) An amendment or resolution described in subsection (a) 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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1613/h/1&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1636/d/1/A&num=0&edition=prelim); and (II) used by the shareholders of the corporation for subsistence uses (as defined in [section 3113 of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3113&num=0&edition=prelim)); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1606/g/1/B&num=0&edition=prelim) or [section 1629c(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1629c/b&num=0&edition=prelim) or an amendment authorizing the issuance of stock subject to the restrictions provided by [section 1606(g)(2)(B)(iii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1606/g/2/B/iii&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section78a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1629c/d&num=0&edition=prelim) in lieu of [section 1629c(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1629c/b&num=0&edition=prelim). Until December 18, 1991, paragraph (1) shall not apply to a Native Corporation that elects application of [section 1629c(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1629c/c&num=0&edition=prelim) in lieu of [section 1629c(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1629c/b&num=0&edition=prelim). 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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1606/g/2&num=0&edition=prelim) 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) (other than an amendment authorized by [section 1629c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1629c&num=0&edition=prelim)) in order for such amendment or resolution to be approved. (3) A resolution described in subsection (a)(3) or an amendment to articles of incorporation under [section 1606(g)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1606/g/1/B&num=0&edition=prelim) 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 the resolution or amendment to articles of incorporation; or (B) an amount of shares greater than a majority of the shares present or represented by proxy at the meeting relating to the resolution or amendment to articles of incorporation (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1629e&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 78a — Short title

This chapter may be cited as the “Securities Exchange Act of 1934.”

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3113 — Definitions

As used in this Act, the term “subsistence uses” means the customary and traditional uses by rural Alaska residents of wild, renewable resources for direct personal or family consumption as food, shelter, fuel, clothing, tools, or transportation; for the making and selling of handicraft articles out of nonedible byproducts of fish and wildlife resources taken for personal or family consumption; for barter, or sharing for personal or family consumption; and for customary trade. For the purposes of this section, the term— (1) “family” means all persons related by blood, marriage, or adoption, or any person living within the household on a permanent basis; and (2) “barter” means the exchange of fish or wildlife or their parts, taken for subsistence uses— (A) for other fish or game or their parts; or (B) for other food or for nonedible items other than money if the exchange is of a limited and noncommercial nature.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 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 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 res

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1629c — Duration of alienability restrictions

**(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 a

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1629e — Settlement Trust option

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1629b&num=0&edition=prelim)). (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 [section 1629b(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1629b/a/4&num=0&edition=prelim). (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 Settlemen

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25 U.S.C. § 1461 — Congressional declaration of policy

It is hereby declared to be the policy of Congress to provide capital on a reimbursable basis to help develop and utilize Indian resources, both physical and human, to a point where the Indians will fully exercise responsibility for the utilization and management of their own resources and where they will enjoy a standard of living from their own productive efforts comparable to that enjoyed by non-Indians in neighboring communities.

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15 U.S.C. § 78a — Short title

Page 202 TITLE 15—COMMERCE AND TRADE § 78a Sec. 78m. Periodical and other reports. 78m–1. Reporting and recordkeeping for certain secu- rity-based swaps. 78m–2. Reporting requirements regarding coal or other mine safety. 78n. Proxies. 78n–1. Shareholder approval of executive compensa- tion. 78n–2. Corporate governance. 78o. Registration and regulation of brokers and dealers. 78o–1. Brokers deemed to be registered. 78o–2. Liabilities arising prior to amendment unaf- fected. 78o–3. Registered securities associations. 78o–4. Municipal securities. 78o–4a. Commission Office of Municipal Securities. 78o–5. Government securities brokers and dealers. 78o–6. Securities analysts and research reports. 78o–7. Registration of nationally recognized statis- tical rating organizations. 78o–8. Universal ratings symbols. 78o–9. Study and rulemaking on assigned credit rat- ings. 78o–10. Registration and regulation of security-based swap dealers and major security-based swap participants. 78o–11. Credit risk retention. 78p. Directors, officers, and principal stock- holders. 78q. Records and reports. 78q–1. National system for clearance and settlement of securities transactions. 78q–2. Automated quotation systems for penny stocks. 78r. Liability for misleading statements. 78s. Registration, responsibilities, and oversight of self-regulatory organizations. 78t. Liability of controlling persons and persons who aid and abet violations. 78t–1. Liability to contemporaneous traders for in- sider trading. 78u. Investigations and actions. 78u–1. Civil penalties for insider trading. 78u–2. Civil remedies in administrative proceedings. 78u–3. Cease-and-desist proceedings. 78u–4. Private securities litigation. 78u–5. Applic

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1629b — Procedures for considering amendments

Page 489 TITLE 43—PUBLIC LANDS § 1629b (Pub. L. 92–203, § 34, as added Pub. L. 99–96, § 1, Sept. 25, 1985, 99 Stat. 460; amended Pub. L. 103–437, § 16(a)(5), Nov. 2, 1994, 108 Stat. 4594.) Editorial Notes AMENDMENTS 1994—Subsec. (j). Pub. L. 103–437 substituted ‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’ before ‘‘of the House’’. § 1629a. Relinquishment by NANA Regional Cor- poration, Inc., of lands compact and contig- uous to public lands in Cape Krusenstern Na- tional Monument (a) Terms and conditions The terms and conditions of this section are solely applicable to the lands described in para- graph 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 sub- surface estate in any lands described in sub- section (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 dis- turbed by NANA, the Secretary must first deter- mine that such disturbance has not rendered the lands incompatible with Monument values. Whenever NANA executes a quit-claim deed pur- suant to this section, it shall be entitled to des- ignate 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 (Pub- lic Law

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