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43 U.S.C. § 1620 — Taxation

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

43 U.S.C. § 1620 — Taxation

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Source file: Laws/federal/codes/united-states-code/title-43/section-1620-taxation--4adb6f71f3.md
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Source location: Title 43, Chapter 33, § 1620; chapter-033-alaska-native-claims-settlement.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1621/f&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1016&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1016&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1613/h/3&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1613/h/3&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1613/h/3&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section452&num=0&edition=prelim)),11 See References in Text note below. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1606&num=0&edition=prelim), including the right to receive distributions under sub[section 1606(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1606/j&num=0&edition=prelim), and stock of any Village Corporation organized pursuant to [section 1607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1607&num=0&edition=prelim) 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) hereof, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section542/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1629c&num=0&edition=prelim): 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.

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

26 U.S.C. § 1016 — Adjustments to basis

**(a) General rule** Proper adjustment in respect of the property shall in all cases be made— (1) for expenditures, receipts, losses, or other items, properly chargeable to capital account, but no such adjustment shall be made— (A) for— (i) taxes or other carrying charges described in section 266; or (ii) expenditures described in section 173 (relating to circulation expenditures), for which deductions have been taken by the taxpayer in determining taxable income for the taxable year or prior taxable years; or (B) for mortality, expense, or other reasonable charges incurred under an annuity or life insurance contract; (2) in respect of any period since February 28, 1913, for exhaustion, wear and tear, obsolescence, amortization, and depletion, to the extent of the amount— (A) allowed as deductions in computing taxable income under this subtitle or prior income tax laws, and (B) resulting (by reason of the deductions so allowed) in a reduction for any taxable year of the taxpayer’s taxes under this subtitle (other than chapter 2, relating to tax on self-employment income), or prior income, war-profits, or excess-profits tax laws, but not less than the amount allowable under this subtitle or prior income tax laws. Where no method has been adopted under section 167 (relating to depreciation deduction), the amount allowable shall be determined under the straight line method. Subparagraph (B) of this paragraph shall not apply in respect of any period since February 28, 1913, and before January 1, 1952, unless an election has been made under section 1020 (as in effect before the date of the enactment of the Tax Reform Act of 1976). Where for any taxable year before the taxable year 1932 the depletion allowance was based on discovery value or a pe

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 1016

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25 U.S.C. § 5301 — Application of other sections of this chapter

**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter. **(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5301

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

16 U.S.C. § 3101 — Congressional statement of purpose

**(a) Establishment of units** In order to preserve for the benefit, use, education, and inspiration of present and future generations certain lands and waters in the State of Alaska that contain nationally significant natural, scenic, historic, archeological, geological, scientific, wilderness, cultural, recreational, and wildlife values, the units described in the following titles are hereby established. **(b) Preservation and protection of scenic, geological, etc., values** It is the intent of Congress in this Act to preserve unrivaled scenic and geological values associated with natural landscapes; to provide for the maintenance of sound populations of, and habitat for, wildlife species of inestimable value to the citizens of Alaska and the Nation, including those species dependent on vast relatively undeveloped areas; to preserve in their natural state extensive unaltered arctic tundra, boreal forest, and coastal rainforest ecosystems; to protect the resources related to subsistence needs; to protect and preserve historic and archeological sites, rivers, and lands, and to preserve wilderness resource values and related recreational opportunities including but not limited to hiking, canoeing, fishing, and sport hunting, within large arctic and subarctic wildlands and on freeflowing rivers; and to maintain opportunities for scientific research and undisturbed ecosystems. **(c) Subsistence way of life for rural residents** It is further the intent and purpose of this Act consistent with management of fish and wildlife in accordance with recognized scientific principles and the purposes for which each conservation system unit is established, designated, or expanded by or pursuant to this Act, to provide the opportunity for rural residents engaged in a subsistence way

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3101

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

43 U.S.C. § 1607 — Village Corporations

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1606&num=0&edition=prelim) shall apply in all respects to Village Corporations, Urban Corporations, and Group Corporations.

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1607

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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

25 U.S.C. § 452 — Transferred

### Statutory Notes #### Codification Section 450j was editorially reclassified as [section 5324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5324&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 452

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1629c

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

25 U.S.C. § 452 — Transferred

Page 142 TITLE 25—INDIANS § 450g § 450g. Repealed or Transferred. Pub. L. 100–472, title II, § 201(b)(1), Oct. 5, 1988, 102 Stat. 2289 Section, Pub. L. 93–638, title I, § 103, Jan. 4, 1975, 88 Stat. 2206; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 100–202, § 101(g) [title II], Dec. 22, 1987, 101 Stat. 1329–213, 1329–246; Pub. L. 100–446, title II, Sept. 27, 1988, 102 Stat. 1817, which related to contracts by Secretary of Health and Human Services with tribal or- ganizations, was repealed except for the last sentence of subsec. (c), providing that tribal organizations and Indian contractors be deemed part of Public Health Service, which was redesignated subsec. (d) of former section 450f of this title. § 450h. Transferred Editorial Notes CODIFICATION Section 450h was editorially reclassified as section 5322 of this title. § 450i. Transferred Editorial Notes CODIFICATION Section 450i was editorially reclassified as section 5323 of this title. § 450j. Transferred Editorial Notes CODIFICATION Section 450j was editorially reclassified as section 5324 of this title. § 450j–1. Transferred Editorial Notes CODIFICATION Section 450j–1 was editorially reclassified as section 5325 of this title. § 450j–2. Transferred Editorial Notes CODIFICATION Section 450j–2 was editorially reclassified as section 5326 of this title. § 450j–3. Transferred Editorial Notes CODIFICATION Section 450j–3 was editorially reclassified as section 5327 of this title. § 450k. Transferred Editorial Notes CODIFICATION Section 450k was editorially reclassified as section 5328 of this title. § 450l. Transferred Editorial Notes CODIFICATION Section 450l was editorially reclassified as section 5329 of this title. § 450m. Transferred Editorial

Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 452

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

43 U.S.C. § 1620 — Taxation

Page 477 TITLE 43—PUBLIC LANDS § 1620 1 So in original. Probably should be ‘‘subsections’’. (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 fil- ing, processing, hearing, and dispatch of claims made pursuant to this section and to include within its annual appropriations the costs there- of and other costs of administration, including (but without limitation to the items herein list- ed) 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 (includ- ing secretaries, reporters, auditors, and law clerks). (e) Report to Congress; payment of claims; inter- est 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 Sec- retary of the Treasury shall pay to such person from the Alaska Native Fund the amounts cer- tified. No award under this section shall bear in- terest. (f) Contract restriction; penalty (1) No remuneration on account of any serv- ices 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 ex- penses in addition to the amount paid in accord- ance with this section, and any contract or agreement to the contrary shall be void. (2) Any person who receives, and any corpora- tion or association official who pays, on account of such services and expenses, any remuneration in addition to the amount allowed in accordance wi

Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1620

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