43 U.S.C. § 1602 — Definitions

Page 436 TITLE 43—PUBLIC LANDS § 1602 settlement of all aboriginal land and hunting and fishing claims by Natives and Native groups of Alas- ka with maximum participation by Natives in deci- sions affecting their rights and property; ‘‘(2) the settlement enabled Natives to participate in the subsequent expansion of Alaska’s economy, en- couraged efforts to address serious health and welfare problems in Native villages, and sparked a resurgence of interest in the cultural heritage of the Native peo- ples of Alaska; ‘‘(3) despite these achievements and Congress’s de- sire that the settlement be accomplished rapidly without litigation and in conformity with the real economic and social needs of Natives, the complexity of the land conveyance process and frequent and cost- ly litigation have delayed implementation of the set- tlement and diminished its value; ‘‘(4) Natives have differing opinions as to whether the Native Corporation, as originally structured by the Alaska Native Claims Settlement Act, is well adapted to the reality of life in Native villages and to the continuation of traditional Native cultural val- ues; ‘‘(5) to ensure the continued success of the settle- ment and to guarantee Natives continued participa- tion in decisions affecting their rights and property, the Alaska Native Claims Settlement Act must be amended to enable the shareholders of each Native Corporation to structure the further implementation of the settlement in light of their particular cir- cumstances and needs; ‘‘(6) among other things, the shareholders of each Native Corporation must be permitted to decide— ‘‘(A) when restrictions on alienation of stock issued as part of the settlement should be termi- nated, and ‘‘(B) whether Natives born after December 18, 1971, should participate in the settlement; ‘‘(7) by granting the shareholders of each Native Corporation options to structure the further imple- mentation of the settlement, Congress is not express- ing an opinion on the manner in which such share- holders choose to balance individual rights and com- munal rights; ‘‘(8) no provision of this Act [see Short Title of 1988 Amendment note above] shall— ‘‘(A) unless specifically provided, constitute a re- peal or modification, implied or otherwise, of any provision of the Alaska Native Claims Settlement Act; or ‘‘(B) confer on, or deny to, any Native organiza- tion any degree of sovereign governmental author- ity over lands (including management, or regula- tion of the taking, of fish and wildlife) or persons in Alaska; and ‘‘(9) the Alaska Native Claims Settlement Act and this Act are Indian legislation enacted by Congress pursuant to its plenary authority under the Constitu- tion of the United States to regulate Indian affairs.’’ JUDICIAL REVIEW Pub. L. 100–241, § 16, Feb. 3, 1988, 101 Stat. 1813, pro- vided that: ‘‘(a) STATUTE OF LIMITATIONS.—(1) Notwithstanding any other provision of law, a civil action that chal- lenges the constitutionality of an amendment made by, or other provision of this Act (the Alaska Native Claims Settlement Act Amendments of 1987) [see Short Title of 1988 Amendment note above] shall be barred unless filed within the periods specified in this sub- section. ‘‘(2) If a civil action described in paragraph (1) chal- lenges— ‘‘(A) the issuance or distribution of Settlement Common Stock for less than fair market value con- sideration pursuant to section 7(g)(1)(B) or 7(g)(2)(C)(ii) of the Alaska Native Claims Settlement Act [43 U.S.C. 1606(g)(1)(B), (2)(C)(ii)]; or ‘‘(B) an extension of alienability restrictions that involves the issuance of stock pursuant to sub- sections [sic] (c) or (d) of section 37 of such Act [43 U.S.C. 1629c(c), (d)]; or ‘‘(C) the denial of dissenters rights after the rejec- tion of an amendment to terminate alienability re- strictions pursuant to section 37(b) of such Act; such civil action shall be barred unless it is filed within one year after the date of the shareholder vote author- izing such issuance or distribution, extension of restric- tions, or denial of right, and unless a request for a de- claratory judgment or injunctive relief is made before stock is issued or distributed. ‘‘(3) Any other civil action described in paragraph (1) shall be barred unless it is filed within two years of the date of the enactment of this Act [Feb. 3, 1988]. ‘‘(4) No Native Corporation taking an action de- scribed in paragraph (2)(A), (2)(B), or (2)(C) shall issue or distribute stock sooner than fourteen days after the date of the shareholder vote authorizing such action. ‘‘(b) JURISDICTION AND PROCEDURE.—(1) The United States District Court for the District of Alaska shall have exclusive original jurisdiction over a civil action described in subsection (a)(1). The action shall be heard and determined by a court of three judges as provided in section 2284 of title 28 of the United States Code. An appeal of the final judgment of such court shall be made directly to the United States Supreme Court. ‘‘(2) No money judgment shall be entered against the United States in a civil action subject to this section. ‘‘(c) STATEMENT OF PURPOSE.—The purpose of the lim- itation on civil actions established by this section is— ‘‘(1) to ensure that after the expiration of a reason- able period of time, Native Shareholders, Native Cor- porations, the United States, and the State of Alaska and its political subdivisions will be able to plan their affairs with certainty in full reliance on the provisions of this Act, and ‘‘(2) to eliminate the possibility that the United States will incur a monetary liability as a result of the enactment of this Act.’’ DISCLAIMER Pub. L. 100–241, § 17, Feb. 3, 1988, 101 Stat. 1814, pro- vided that: ‘‘(a) No provision of this Act (the Alaska Native Claims Settlement Act Amendments of 1987) [see Short Title of 1988 Amendment note above], exercise of au- thority pursuant to this Act, or change made by, or pursuant to, this Act in the status of land shall be con- strued to validate or invalidate or in any way affect— ‘‘(1) any assertion that a Native organization (in- cluding a federally recognized tribe, traditional Na- tive council, or Native council organized pursuant to the Act of June 18, 1934 (48 Stat. 987), as amended [25 U.S.C. 5101 et seq.]) has or does not have govern- mental authority over lands (including management of, or regulation of the taking of, fish and wildlife) or persons within the boundaries of the State of Alaska, or ‘‘(2) any assertion that Indian country (as defined by 18 U.S.C. 1151 or any other authority) exists or does not exist within the boundaries of the State of Alaska. ‘‘(b) Nothing in the Alaska Native Claims Settlement Act Amendments of 1987 (or any amendment made thereby) shall be construed— ‘‘(1) to diminish or enlarge the ability of the Fed- eral Government to assess, collect, or otherwise en- force any Federal tax, or ‘‘(2) to affect, for Federal tax purposes, the valu- ation of any stock issued by a Native Corporation.’’ § 1602. Definitions For the purposes of this chapter, the term— (a) ‘‘Secretary’’ means the Secretary of the In- terior; (b) ‘‘Native’’ means a citizen of the United States who is a person of one-fourth degree or more Alaska Indian (including Tsimshian Indi- Page 437 TITLE 43—PUBLIC LANDS § 1602 1 So in original. Probably should be ‘‘Metlakatla’’. 2 So in original. The period probably should be a semicolon. ans not enrolled in the Metlaktla 1 Indian Com- munity) Eskimo, or Aleut blood, or combination thereof. The term includes any Native as so de- fined either or both of whose adoptive parents are not Natives. It also includes, in the absence of proof of a minimum blood quantum, any cit- izen of the United States who is regarded as an Alaska Native by the Native village or Native group of which he claims to be a member and whose father or mother is (or, if deceased, was) regarded as Native by any village or group. Any decision of the Secretary regarding eligibility for enrollment shall be final; (c) ‘‘Native village’’ means any tribe, band, clan, group, village, community, or association in Alaska listed in sections 1610 and 1615 of this title, or which meets the requirements of this chapter, and which the Secretary determines was, on the 1970 census enumeration date (as shown by the census or other evidence satisfac- tory to the Secretary, who shall make findings of fact in each instance), composed of twenty- five or more Natives; (d) ‘‘Native group’’ means any tribe, band, clan, village, community, or village association of Natives in Alaska composed of less than twenty-five Natives, who comprise a majority of the residents of the locality; (e) ‘‘Public lands’’ means all Federal lands and interests therein located in Alaska except: (1) the smallest practicable tract, as determined by the Secretary, enclosing land actually used in connection with the administration of any Fed- eral installation, and (2) land selections of the State of Alaska which have been patented or tentatively approved under section 6(g) of the Alaska Statehood Act, as amended (72 Stat. 341, 77 Stat. 223), or identified for selection by the State prior to January 17, 1969; (f) ‘‘State’’ means the State of Alaska; (g) ‘‘Regional Corporation’’ means an Alaska Native Regional Corporation established under the laws of the State of Alaska in accordance with the provisions of this chapter; (h) ‘‘Person’’ means any individual, group, firm, corporation, association, or partnership; (i) ‘‘Municipal Corporation’’ means any gen- eral unit of municipal government under the laws of the State of Alaska; (j) ‘‘Village Corporation’’ means an Alaska Na- tive Village Corporation organized under the laws of the State of Alaska as a business for profit or nonprofit corporation to hold, invest, manage and/or distribute lands, property, funds, and other rights and assets for and on behalf of a Native village in accordance with the terms of this chapter.2 (k) ‘‘Fund’’ means the Alaska Native Fund in the Treasury of the United States established by section 1605 of this title; (l) ‘‘Planning Commission’’ means the Joint Federal-State Land Use Planning Commission established by section 1616 of this title; (m) ‘‘Native Corporation’’ means any Regional Corporation, any Village Corporation, any Urban Corporation, and any Group Corporation; (n) ‘‘Group Corporation’’ means an Alaska Na- tive Group Corporation organized under the laws of the State of Alaska as a business for profit or nonprofit corporation to hold, invest, manage and/or distribute lands, property, funds, and other rights and assets for and on behalf of members of a Native group in accordance with the terms of this chapter; (o) ‘‘Urban Corporation’’ means an Alaska Na- tive Urban Corporation organized under the laws of the State of Alaska as a business for profit or nonprofit corporation to hold, invest, manage and/or distribute lands, property, funds, and other rights and assets for and on behalf of members of an urban community of Natives in accordance with the terms of this chapter; (p) ‘‘Settlement Common Stock’’ means stock of a Native Corporation issued pursuant to sec- tion 1606(g)(1) of this title that carries with it the rights and restrictions listed in section 1606(h)(1) of this title; (q) ‘‘Replacement Common Stock’’ means stock of a Native Corporation issued in ex- change for Settlement Common Stock pursuant to section 1606(h)(3) of this title; (r) ‘‘Descendant of a Native’’ means— (1) a lineal descendant of a Native or of an individual who would have been a Native if such individual were alive on December 18, 1971, or (2) an adoptee of a Native or of a descendant of a Native, whose adoption— (A) occurred prior to his or her majority, and (B) is recognized at law or in equity; (s) ‘‘Alienability restrictions’’ means the re- strictions imposed on Settlement Common Stock by section 1606(h)(1)(B) of this title; (t) ‘‘Settlement Trust’’ means a trust— (1) established and registered by a Native Corporation under the laws of the State of Alaska pursuant to a resolution of its share- holders, and (2) operated for the benefit of shareholders, Natives, and descendants of Natives, in ac- cordance with section 1629e of this title and the laws of the State of Alaska. (Pub. L. 92–203, § 3, Dec. 18, 1971, 85 Stat. 689; Pub. L. 96–487, title XIV, § 1401(d), Dec. 2, 1980, 94 Stat. 2492; Pub. L. 100–241, § 3, Feb. 3, 1988, 101 Stat. 1789; Pub. L. 106–194, § 3, May 2, 2000, 114 Stat. 243.) Editorial Notes REFERENCES IN TEXT Section 6(g) of the Alaska Statehood Act, as amend- ed, referred to in subsec. (e), 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 In- sular Possessions. AMENDMENTS 2000—Subsec. (t)(2). Pub. L. 106–194 substituted ‘‘ben- efit of shareholders, Natives, and descendants of Na- tives,’’ for ‘‘sole benefit of the holders of the corpora- tion’s Settlement Common Stock’’. 1988—Subsec. (h). Pub. L. 100–241, § 3(1), inserted ‘‘group,’’ after ‘‘individual,’’. Subsec. (k). Pub. L. 100–241, § 3(2), struck out ‘‘and’’ at end. Subsec. (l). Pub. L. 100–241, § 3(3), substituted semi- colon for period. Subsec. (m). Pub. L. 100–241, § 3(4), substituted ‘‘Group Corporation;’’ for ‘‘Native Group.’’ 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,