43 U.S.C. § 1604 — Enrollment

Page 438 TITLE 43—PUBLIC LANDS § 1603 1 So in original. The colon probably should be a period. Subsecs. (n) to (t). Pub. L. 100–241, § 3(5), added sub- secs. (n) to (t). 1980—Subsec. (m). Pub. L. 96–487 added subsec. (m). Statutory Notes and Related Subsidiaries DEFINITIONS Pub. L. 108–452, § 2, Dec. 10, 2004, 118 Stat. 3576, pro- vided that: ‘‘In this Act [see Short Title of 2004 Amend- ment note set out under section 1601 of this title]: ‘‘(1) NATIVE ALLOTMENT.—The term ‘Native allot- ment’ means an allotment claimed under the Act of May 17, 1906 (34 Stat. 197, chapter 2469) [former 43 U.S.C. 270–1 to 270–3]. ‘‘(2) SECRETARY.—The term ‘Secretary’ means the Secretary of the Interior. ‘‘(3) STATE.—The term ‘State’ means the State of Alaska.’’ § 1603. Declaration of settlement (a) Aboriginal title extinguishment through prior land and water area conveyances All prior conveyances of public land and water areas in Alaska, or any interest therein, pursu- ant to Federal law, and all tentative approvals pursuant to section 6(g) of the Alaska Statehood Act, shall be regarded as an extinguishment of the aboriginal title thereto, if any. (b) Aboriginal title and claim extinguishment where based on use and occupancy; sub- merged lands underneath inland and off- shore water areas and hunting or fishing rights included All aboriginal titles, if any, and claims of ab- original title in Alaska based on use and occu- pancy, including submerged land underneath all water areas, both inland and offshore, and in- cluding any aboriginal hunting or fishing rights that may exist, are hereby extinguished. (c) Aboriginal claim extinguishment where based on right, title, use, or occupancy of land or water areas; domestic statute or treaty relat- ing to use and occupancy; or foreign laws; pending claims All claims against the United States, the State, and all other persons that are based on claims of aboriginal right, title, use, or occu- pancy of land or water areas in Alaska, or that are based on any statute or treaty of the United States relating to Native use and occupancy, or that are based on the laws of any other nation, including any such claims that are pending be- fore any Federal or state court or the Indian Claims Commission, are hereby extinguished. (Pub. L. 92–203, § 4, Dec. 18, 1971, 85 Stat. 689.) Editorial Notes REFERENCES IN TEXT Section 6(g) of the Alaska Statehood Act, referred to in subsec. (a), is section 6(g) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, which is set out as a note preceding section 21 of Title 48, Territories and Insular Posses- sions. § 1604. Enrollment (a) Eligible Natives; finality of decision The Secretary shall prepare within two years from December 18, 1971, a roll of all Natives who were born on or before, and who are living on, December 18, 1971. Any decision of the Secretary regarding eligibility for enrollment shall be final. (b) Residence; order of priority in enrollment of Natives not permanent residents; regional family or hardship enrollment The roll prepared by the Secretary shall show for each Native, among other things, the region and the village or other place in which he re- sided on the date of the 1970 census enumera- tion, and he shall be enrolled according to such residence. Except as provided in subsection (c), a Native eligible for enrollment who is not, when the roll is prepared, a permanent resident of one of the twelve regions established pursuant to section 1606(a) of this title shall be enrolled by the Secretary in one of the twelve regions, giv- ing priority in the following order to— (1) the region where the Native resided on the 1970 census date if he had resided there without substantial interruption for two or more years; (2) the region where the Native previously resided for an aggregate of ten years or more; (3) the region where the Native was born; and (4) the region from which an ancestor of the Native came: 1 The Secretary may enroll a Native in a different region when necessary to avoid enrolling mem- bers of the same family in different regions or otherwise avoid hardship. (c) Election of enrollment in thirteenth region, if established, of Native nonresidents; depend- ent household members as bound A Native eligible for enrollment who is eight- een years of age or older and is not a permanent resident of one of the twelve regions may, on the date he files an application for enrollment, elect to be enrolled in a thirteenth region for Natives who are non-residents of Alaska, if such region is established pursuant to section 1606(c) of this title. If such region is not established, he shall be enrolled as provided in subsection (b). His election shall apply to all dependent members of his household who are less than eighteen years of age, but shall not affect the enrollment of anyone else. (Pub. L. 92–203, § 5, Dec. 18, 1971, 85 Stat. 690.) Statutory Notes and Related Subsidiaries LATE ENROLLMENT OF OTHERWISE QUALIFIED NATIVES Pub. L. 94–204, § 1, Jan. 2, 1976, 89 Stat. 1145, provided: ‘‘That (a) the Secretary of the Interior (hereinafter in 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] referred to as the ‘Secretary’) is directed to review those appli- cations submitted within one year from the date of en- actment of this Act [Jan. 2, 1976] by applicants who failed to meet the March 30, 1973, deadline for enroll- ment established by the Secretary pursuant to the Alaska Native Claims Settlement Act (hereinafter in this Act referred to as the ‘Settlement Act’) [this chap- ter], and to enroll those Natives under the provisions of that Act who would have been qualified if the March 30, 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: