43 U.S.C. § 1608 — Revenue sharing

Page 448 TITLE 43—PUBLIC LANDS § 1608 Corporations, Urban Corporations, and Group Corporations. (Pub. L. 92–203, § 8, Dec. 18, 1971, 85 Stat. 694; Pub. L. 96–487, title XIV, § 1401(b), Dec. 2, 1980, 94 Stat. 2492; Pub. L. 100–241, § 6, Feb. 3, 1988, 101 Stat. 1795; Pub. L. 104–10, § 1(b), May 18, 1995, 109 Stat. 157.) Editorial Notes AMENDMENTS 1995—Subsec. (c). Pub. L. 104–10 substituted ‘‘(h) (other than paragraph (4))’’ for ‘‘(h)’’. 1988—Subsec. (c). Pub. L. 100–241 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as fol- lows: ‘‘The provisions concerning stock alienation, an- nual audit, and transfer of stock ownership on death or by court decree provided for regional corporations in section 1606 of this title, including the provisions of section 1606(h)(3) of this title shall apply to Village Cor- porations Urban Corporations and Native Groups; ex- cept that audits need not be transmitted to the Com- mittee on Interior and Insular Affairs of the House of Representatives or to the Committee on Energy and Natural Resources of the Senate.’’ 1980—Subsec. (c). Pub. L. 96–487 inserted provision making provisions of section 1606 of this title, includ- ing section 1606(h)(3) of this title, applicable to Village Corporations, Urban Corporations, and Native Groups and substituted provision that audits need not be transmitted to the Committee on Interior and Insular Affairs of the House of Representatives or the Com- mittee on Energy and Natural Resources of the Senate for provision that audits need not be transmitted to the Committees on Interior and Insular Affairs of the Sen- ate and the House of Representatives. § 1608. Revenue sharing (a) Minerals within section The provisions of this section shall apply to all minerals that are subject to disposition under the Mineral Leasing Act of 1920, as amended and supplemented [30 U.S.C. 181 et seq.]. (b) Interim payments into Alaska Native Fund based on percentage of gross value of pro- duced or removed minerals and of rentals and bonuses; time of payment With respect to conditional leases and sales of minerals heretofore or hereafter made pursuant to section 6(g) of the Alaska Statehood Act, and with respect to mineral leases of the United States that are or may be subsumed by the State under section 6(h) of the Alaska Statehood Act, until such time as the provisions of sub- section (c) become operative the State shall pay into the Alaska Native Fund from the royalties, rentals, and bonuses hereafter received by the State (1) a royalty of 2 per centum upon the gross value (as such gross value is determined for royalty purposes under such leases or sales) of such minerals produced or removed from such lands, and (2) 2 per centum of all rentals and bo- nuses under such leases or sales, excluding bo- nuses received by the State at the September 1969 sale of minerals from tentatively approved lands and excluding rentals received pursuant to such sale before December 18, 1971. Such pay- ment shall be made within sixty days from the date the revenues are received by the State. (c) Patents; royalties: reservation of percentage of gross value of produced or removed min- erals and of rentals and bonuses from dis- position of minerals Each patent hereafter issued to the State under the Alaska Statehood Act, including a patent of lands heretofore selected and ten- tatively approved, shall reserve for the benefit of the Natives, and for payment into the Alaska Native Fund, (1) a royalty of 2 per centum upon the gross value (as such gross value is deter- mined for royalty purposes under any disposi- tion by the State) of the minerals thereafter produced or removed from such lands, and (2) 2 per centum of all revenues thereafter derived by the State from rentals and bonuses from the dis- position of such minerals. (d) Distribution of bonuses, rentals, and royalties from Federal disposition of minerals in pub- lic lands; payments into Alaska Native Fund based on percentage of gross value of pro- duced minerals and of rentals and bonuses; Federal and State share calculation on re- maining balance All bonuses, rentals, and royalties received by the United States after December 18, 1971, from the disposition by it of such minerals in public lands in Alaska shall be distributed as provided in the Alaska Statehood Act, except that prior to calculating the shares of the State and the United States as set forth in such Act, (1) a roy- alty of 2 per centum upon the gross value of such minerals produced (as such gross value is determined for royalty purposes under the sale or lease), and (2) 2 per centum of all rentals and bonuses shall be deducted and paid into the Alaska Native Fund. The respective shares of the State and the United States shall be cal- culated on the remaining balance. (e) Federal enforcement; State underpayment: deductions from grants-in-aid or other Fed- eral assistance equal to underpayment and deposit of such amount in Fund The provisions of this section shall be enforce- able by the United States for the benefit of the Natives, and in the event of default by the State in making the payments required, in addition to any other remedies provided by law, there shall be deducted annually by the Secretary of the Treasury from any grant-in-aid or from any other sums payable to the State under any pro- vision of Federal law an amount equal to any such underpayment, which amount shall be de- posited in the Fund. (f) Oil and gas revenues; amount payable equal to Federal or State royalties in cash or kind Revenues received by the United States or the State as compensation for estimated drainage of oil or gas shall, for the purposes of this section, be regarded as revenues from the disposition of oil and gas. In the event the United States or the State elects to take royalties in kind, there shall be paid into the Fund on account thereof an amount equal to the royalties that would have been paid into the Fund under the provi- sions of this section had the royalty been taken in cash. Page 449 TITLE 43—PUBLIC LANDS § 1610 (g) Alaska Native Fund payments; cessation; re- imbursement for advance payments The payments required by this section shall continue only until a sum of $500,000,000 has been paid into the Alaska Native Fund less the total of advance payments paid into the Alaska Native Fund pursuant to section 407 of the Trans-Alaska Pipeline Authorization Act. Thereafter, payments which would otherwise go into the Alaska Native Fund will be made to the United States Treasury as reimbursement for the advance payments authorized by section 407 of the Trans-Alaskan Pipeline Authorization Act. The provisions of this section shall no longer apply, and the reservation required in patents under this section shall be of no further force and effect, after a total sum of $500,000,000 has been paid to the Alaska Native Fund and to the United States Treasury pursuant to this subsection. (h) Final payment; order of computation When computing the final payment into the Fund the respective shares of the United States and the State with respect to payments to the Fund required by this section shall be deter- mined pursuant to this subsection and in the fol- lowing order: (1) first, from sources identified under sub- sections (b) and (c) hereof; and (2) then, from sources identified under sub- section (d) hereof. (i) Outer Continental Shelf mineral revenues; provisions of section inapplicable The provisions of this section do not apply to mineral revenues received from the Outer Conti- nental Shelf. (Pub. L. 92–203, § 9, Dec. 18, 1971, 85 Stat. 694; Pub. L. 93–153, title IV, § 407(b), Nov. 16, 1973, 87 Stat. 591.) Editorial Notes REFERENCES IN TEXT The Mineral Leasing Act of 1920, referred to in sub- sec. (a), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act, which is classified gen- erally to chapter 3A (§ 181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 181 of Title 30 and Tables. The Alaska Statehood Act, referred to in subsecs. (b), (c), and (d), is Pub. L. 85–508, July 7, 1958, 72 Stat. 339, which is set out as a note preceding section 21 of Title 48. For complete classification of this Act to the Code, see Tables. Section 407 of the Trans-Alaska Pipeline Authoriza- tion Act, referred to in subsec. (g), probably means sec- tion 407(a) of Pub. L. 93–153, which is set out as a note below. AMENDMENTS 1973—Subsec. (g). Pub. L. 93–153 inserted provisions covering advance payments into the Alaska Native Fund pursuant to section 407 of the Trans-Alaska Pipe- line Authorization Act and the reimbursement of the United States Treasury for payments made. Statutory Notes and Related Subsidiaries ADVANCE PAYMENTS TO ALASKA NATIVES UNTIL COM- MENCEMENT OF DELIVERIES OF NORTH SLOPE CRUDE OIL TO PIPELINE Pub. L. 93–153, title IV, § 407(a), Nov. 16, 1973, 87 Stat. 591, authorized $5,000,000 to be paid from the United States Treasury to the Alaska Native Fund every six months of each fiscal year beginning with the fiscal year ending June 30, 1976, as advance payments charge- able against revenues paid under this section until de- livery of North Slope crude oil to a pipeline com- menced. § 1609. Limitation of actions (a) Complaint, time for filing; jurisdiction; com- mencement by State official; certainty and fi- nality of vested rights, titles, and interests Notwithstanding any other provision of law, any civil action to contest the authority of the United States to legislate on the subject matter or the legality of this chapter shall be barred unless the complaint is filed within one year of December 18, 1971, and no such action shall be entertained unless it is commenced by a duly authorized official of the State. Exclusive juris- diction over such action is hereby vested in the United States District Court for the District of Alaska. The purpose of this limitation on suits is to insure that, after the expiration of a rea- sonable period of time, the right, title, and in- terest of the United States, the Natives, and the State of Alaska will vest with certainty and fi- nality and may be relied upon by all other per- sons in their relations with the State, the Na- tives, and the United States. (b) Land selection; suspension and extension of rights In the event that the State initiates litigation or voluntarily becomes a party to litigation to contest the authority of the United States to legislate on the subject matter or the legality of this chapter, all rights of land selection granted to the State by the Alaska Statehood Act shall be suspended as to any public lands which are determined by the Secretary to be potentially valuable for mineral development, timber, or other commercial purposes, and no selections shall be made, no tentative approvals shall be granted, and no patents shall be issued for such lands during the pendency of such litigation. In the event of such suspension, the State’s right of land selection pursuant to section 6 of the Alas- ka Statehood Act shall be extended for a period of time equal to the period of time the selection right was suspended. (Pub. L. 92–203, § 10, Dec. 18, 1971, 85 Stat. 696.) Editorial Notes REFERENCES IN TEXT The Alaska Statehood Act and section 6 of the Alas- ka Statehood Act, referred to in subsec. (b), are Pub. L. 85–508, July 7, 1958, 72 Stat. 339, and section 6 thereof, and are set out as a note preceding section 21 of Title 48, Territories and Insular Possessions. For complete classification of this Act to the Code, see Tables. § 1610. Withdrawal of public lands (a) Description of withdrawn public lands; ex- ceptions; National Wildlife Refuge lands ex- ception; time of withdrawal (1) The following public lands are withdrawn, subject to valid existing rights, from all forms of appropriation under the public land laws, in- cluding the mining and mineral leasing laws, and from selection under the Alaska Statehood Act, as amended: