43 U.S.C. § 1605 — Alaska Native Fund

Page 439 TITLE 43—PUBLIC LANDS § 1605 1973, deadline had been met: Provided, That Natives en- rolled under this Act shall be issued stock under the Settlement Act together with a pro rata share of all fu- ture 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 af- fected by any enrollment pursuant to this Act, and that no tribe, band, clan, group, village, community, or as- sociation not otherwise eligible for land or other bene- fits 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, com- munity, 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 ben- efits as a Native group because of any enrollment pur- suant to this Act: And provided further, That any ‘Na- tive 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 Corpora- tions 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 in- dividuals 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 Cor- poration 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 Re- gional 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 Na- tive 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 pur- poses 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 member- ship and all stock issued to such Native by any Native Corporation in which he is no longer eligible for mem- bership shall be deemed canceled: Provided further, That no redistribution of funds made by any Native Corpora- tion on the basis of prior places of residence shall be af- fected: Provided further, That land entitlements of any Native village, Native group, Village Corporation, Re- gional Corporation, or corporations organized by Na- tives residing in Sitka, Kenai, Juneau, or Kodiak, all as defined in said Act, shall not be affected by any deter- mination of residence made pursuant to this sub- section, and no tribe, band, clan, group, village commu- nity, 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 resi- dence 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 Set- tlement 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 sub- section 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 redeter- mination of residence.’’ ESTABLISHMENT BY COURT ORDER OF 13TH REGIONAL CORPORATION FOR BENEFIT OF NONPERMANENT RESI- DENTS; LAND SELECTION ENTITLEMENTS; PREVIOUSLY ISSUED STOCK; ELECTION FOR ENROLLMENT; LAND EN- TITLEMENTS OF CORPORATIONS OR NATIVE VILLAGE OR GROUP ELIGIBILITY Pub. L. 94–204, § 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 Colum- bia 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 Re- gional Corporations in Alaska or by Village Corpora- tions to any Native who is enrolled in the thirteenth region pursuant to said order shall, upon said enroll- ment, 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 Cor- poration in Alaska without liability to either corpora- tion or to the Native. ‘‘(c) Whenever additional enrollment under the Set- tlement 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 estab- lished 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 elec- tion. ‘‘(d) No change in the final roll of Natives established by the Secretary pursuant to section 5 of the Settle- ment Act [section 1604 of this title] resulting from any regulation promulgated by the Secretary of the Inte- rior providing for the disenrollment of Natives shall af- fect land entitlements of any Regional or Village Cor- poration or any Native village or group eligibility.’’ § 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: Page 440 TITLE 43—PUBLIC LANDS § 1606 (1) $462,500,000 from the general fund of the Treasury, which are authorized to be appro- priated 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 Na- tive 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 shar- ing 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 Vil- lage 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 cam- paign on behalf of any candidate for public of- fice. Any person who willfully violates the fore- going 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 orga- nized Regional Corporations; basis as rel- ative number of Native enrollees in each re- gion; 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 sec- tion 1619 of this title for the payment of attor- ney and other fees, shall be distributed at the end of each three months of the fiscal year among the Regional Corporations organized pur- suant 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 orga- nized. (Pub. L. 92–203, § 6, Dec. 18, 1971, 85 Stat. 690; Pub. L. 94–273, § 38, Apr. 21, 1976, 90 Stat. 380.) Editorial Notes AMENDMENTS 1976—Subsec. (a)(1)(D). Pub. L. 94–273 substituted ‘‘pe- riod 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 re- lating to transfer to the Alaska Native Fund. Statutory Notes and Related Subsidiaries DEPOSITS INTO AND DISTRIBUTIONS FROM ALASKA NA- TIVE FUND; TIME REQUIREMENTS; INCLUSION OF PRE- VIOUSLY EARNED INTEREST Pub. L. 96–487, title XIV, § 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 enact- ment 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 appro- priated, 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 [sub- sec. (c) of this section] notwithstanding any other pro- vision of law. ‘‘(b) For the fiscal year in which this Act is enacted [fiscal year 1981], the money appropriated shall be de- posited within 10 days of enactment [Dec. 2, 1980], un- less 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 al- ready 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 de- posited 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, § 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 distribu- tions 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 termi- nate any trust relationship between the United States and any corporation or individual entitled to receive benefits under the Settlement Act [this chapter].’’ § 1606. Regional Corporations (a) Division of Alaska into twelve geographic re- gions; common heritage and common inter- est of region; area of region commensurate with operations of Native association; bound- ary 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 ge- ographic 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 cov- ered by the operations of the following existing Native associations: (1) Arctic Slope Native Association (Barrow, Point Hope);