43 U.S.C. § 1628 — Assignments by Regional Corporations of

Page 487 TITLE 43—PUBLIC LANDS § 1629 (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 pro- vide that the right of any affected Village Cor- poration pursuant to section 1613(f) of this title to withhold consent to mineral exploration, de- velopment, or removal within the boundaries of the Native village shall be conveyed, as part of the merger or consolidation, to a separate enti- ty composed of the Native residents of such Na- tive village. (Pub. L. 92–203, § 30, as added Pub. L. 94–204, § 6, Jan. 2, 1976, 89 Stat. 1148; amended Pub. L. 100–241, § 12(c), Feb. 3, 1988, 101 Stat. 1810.) Editorial Notes AMENDMENTS 1988—Subsec. (b). Pub. L. 100–241 substituted ‘‘while the Settlement Common Stock of all corporations sub- ject to merger or consolidation remains subject to alienability restrictions.’’ for ‘‘prior to December 19, 1991’’. § 1628. Assignments by Regional Corporations of rights to receive payments from Fund (a) Recognition by Secretary; scope of recogni- tion Notwithstanding the provision of section 3727 of title 31, the Secretary is authorized to recog- nize validly executed assignments made by Re- gional Corporations of their rights to receive payments from the Alaska Native Fund. Such assignments shall only be recognized to the ex- tent that the Regional Corporation involved is not required to distribute funds pursuant to sub- section (j) or (m) of section 1606 of this title. (b) Nonrecognition by Secretary The Secretary shall not recognize any assign- ment under this section which does not provide that the United States reserves the right to as- sert against the assignee and successors of the assignee, any setoff or counterclaim which the United States has against the assignor Corpora- tion. (c) Claims against Secretary by stockholders of Regional or Village Corporation for recogni- tion of assignment No stockholder of any Regional or Village Cor- poration shall have any claim against the Sec- retary or the United States as the result of any assignment duly recognized by the Secretary pursuant to this section. (Pub. L. 92–203, § 31, as added Pub. L. 95–178, § 4, Nov. 15, 1977, 91 Stat. 1370.) Editorial Notes 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, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. § 1629. Cape Krusenstern National Monument land exchange between United States and NANA Regional Corporation, Inc. (a) Definitions For purposes of this section the following terms shall have the following meanings: (1) the term ‘‘The Agreement’’ or ‘‘Agree- ment’’ 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 Inte- rior and the President of NANA Regional Cor- poration, Inc., on January 31 and January 24, 1985, respectively. (2) the term ‘‘transportation system’’ means the Red Dog Mine Transportation System de- scribed 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 accord- ance 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 ob- ligations under the Agreement: Provided, how- ever, 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, pur- suant 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 des- ignated as ‘‘Amended A(1) Lands’’ on the map entitled ‘‘Modified Cape Krusenstern Land Ex- change’’, dated July 18, 1985. The charges to be made pursuant to paragraphs B(1) and D(27) of the Agreement against NANA’s land entitle- ments under this chapter shall be reduced by an amount equivalent to the difference between that acreage conveyed pursuant to this sub- section 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 para- graph A(3) of the Agreement, the Secretary shall not convey to NANA any right, title and inter- est of the United States in the lands described in such paragraph A(3) and the Secretary shall make no charge to NANA’s remaining entitle- ments 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 ease- ment in and to the lands designated as ‘‘Trans- portation System Lands’’ on the map entitled ‘‘Modified Cape Krusenstern Land Exchange’’, dated July 18, 1985, for use in the construction,