43 U.S.C. § 1601 — Congressional findings and declaration of

Page 434 TITLE 43—PUBLIC LANDS § 1600l 1 So in original. Probably should be ‘‘of’’. § 1600l. Authorization of appropriations There is authorized to be appropriated to the Department of the Interior $600,000, through the end of fiscal year 1990, in addition to any other funds now available to the Department to dis- charge its duties to implement sections 1600b to 1600k of this title and section 4029 of title 42: Provided, That by mutual agreement, such funds shall be made available to the Federal Emer- gency Management Agency to discharge its du- ties under section 4029 of title 42: Provided fur- ther, That the provisions of sections 1600d and 1600e of this title shall not be affected by this section: And Provided further, in addition, Indian tribes may be eligible under Public Law 93–638 [25 U.S.C. 5301 et seq.] to contract for studies of Indian lands required under the provisions of this chapter. (Pub. L. 99–450, § 15, Oct. 8, 1986, 100 Stat. 1136.) Editorial Notes REFERENCES IN TEXT Public Law 93–638, referred to in text, is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to chapter 46 (§ 5301 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. CHAPTER 33—ALASKA NATIVE CLAIMS SETTLEMENT Sec. 1601. Congressional findings and declaration of pol- icy. 1602. Definitions. 1603. Declaration of settlement. 1604. Enrollment. 1605. Alaska Native Fund. 1606. Regional Corporations. 1607. Village Corporations. 1608. Revenue sharing. 1609. Limitation of actions. 1610. Withdrawal of public lands. 1611. Native land selections. 1612. Surveys. 1613. Conveyance of lands. 1613a. ANCSA amendment. 1614. Timber sale contracts; modification; timber from contingency area. 1615. Withdrawal and selection of public lands; funds in lieu of acreage. Sec. 1616. Joint Federal-State Land Use Planning Com- mission for Alaska. 1617. Revocation of Indian allotment authority in Alaska. 1618. Revocation of reserved rights; excepted re- serve; acquisition of title to surface and subsurface estates in reserve; election of Village Corporations; restoration of land to Elim Native Corporation. 1619. Attorney and consultant fees. 1620. Taxation. 1621. Miscellaneous provisions. 1622. Annual reports to Congress until 1984; sub- mission in 1985 of report of status of Na- tives, summary of actions taken, and rec- ommendations. 1623. Authorization of appropriations. 1624. Regulations; issuance; publication in Federal Register. 1625. Securities laws exemption. 1626. Relation to other programs. 1627. Merger of Native corporations. 1628. Assignments by Regional Corporations of rights to receive payments from Fund. 1629. Cape Krusenstern National Monument land exchange between United States and NANA Regional Corporation, Inc. 1629a. Relinquishment by NANA Regional Corpora- tion, Inc., of lands compact and contiguous to public lands in Cape Krusenstern Na- tional Monument. 1629b. Procedures for considering amendments and resolutions. 1629c. Duration of alienability restrictions. 1629d. Dissenters rights. 1629e. Settlement Trust option. 1629f. Claims arising from contamination of trans- ferred lands. 1629g. Open season for certain Alaska Native vet- erans for allotments. 1629g–1. Alaska Native Vietnam era veterans land al- lotment. 1629h. Kake Tribal Corporation land transfer. § 1601. Congressional findings and declaration of policy Congress finds and declares that— (a) there is an immediate need for a fair and just settlement of all claims by Natives and Native groups of Alaska, based on aboriginal land claims; (b) the settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives, without litigation, with maximum participa- tion by Natives in decisions affecting their rights and property, without establishing any permanent racially defined institutions, rights, privileges, or obligations, without cre- ating a reservation system or lengthy ward- ship or trusteeship, and without adding to the categories of property and institutions enjoy- ing special tax privileges or to the legislation establishing special relationships between the United States Government and the State of Alaska; (c) no provision of this chapter shall replace or diminish any right, privilege, or obligation of Natives as citizens of the United States or of Alaska, or relieve, replace, or diminish any obligation of the United States or of the State or 1 Alaska to protect and promote the rights or welfare of Natives as citizens of the United Page 435 TITLE 43—PUBLIC LANDS § 1601 States or of Alaska; the Secretary is author- ized and directed, together with other appro- priate agencies of the United States Govern- ment, to make a study of all Federal programs primarily designed to benefit Native people and to report back to the Congress with his recommendations for the future management and operation of these programs within three years of December 18, 1971; (d) no provision of this chapter shall con- stitute a precedent for reopening, renegoti- ating, or legislating upon any past settlement involving land claims or other matters with any Native organizations, or any tribe, band, or identifiable group of American Indians; (e) no provision of this chapter shall effect a change or changes in the petroleum reserve policy reflected in sections 8721 through 8738 of title 10 except as specifically provided in this chapter; (f) no provision of this chapter shall be con- strued to constitute a jurisdictional act, to confer jurisdiction to sue, nor to grant implied consent to Natives to sue the United States or any of its officers with respect to the claims extinguished by the operation of this chapter; and (g) no provision of this chapter shall be con- strued to terminate or otherwise curtail the activities of the Economic Development Ad- ministration or other Federal agencies con- ducting loan or loan and grant programs in Alaska. For this purpose only, the terms ‘‘In- dian reservation’’ and ‘‘trust or restricted In- dian-owned land areas’’ in Public Law 89–136, the Public Works and Economic Development Act of 1965, as amended [42 U.S.C. 3121 et seq.], shall be interpreted to include lands granted to Natives under this chapter as long as such lands remain in the ownership of the Native villages or the Regional Corporations. (Pub. L. 92–203, § 2, Dec. 18, 1971, 85 Stat. 688; Pub. L. 115–232, div. A, title VIII, § 809(p), Aug. 13, 2018, 132 Stat. 1844.) Editorial Notes REFERENCES IN TEXT The Public Works and Economic Development Act of 1965, referred to in subsec. (g), is Pub. L. 89–136, Aug. 26, 1965, 79 Stat. 552, which is classified generally to chap- ter 38 (§ 3121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3121 of Title 42 and Tables. AMENDMENTS 2018—Subsec. (e). Pub. L. 115–232 substituted ‘‘sec- tions 8721 through 8738 of title 10’’ for ‘‘sections 7421 through 7438 of title 10’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces. SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–452, § 1(a), Dec. 10, 2004, 118 Stat. 3575, pro- vided that: ‘‘This Act [amending sections 1611, 1613, 1617, 1621, 1629g, and 1635 of this title, enacting provi- sions set out as notes under sections 852, 1602, 1611, 1617, and 1635 of this title, and amending provisions set out as notes under section 852 of this title and preceding section 21 of Title 48, Territories and Insular Posses- sions] may be cited as the ‘Alaska Land Transfer Accel- eration Act’.’’ SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–283, § 1, Oct. 6, 2000, 114 Stat. 867, provided that: ‘‘This Act [enacting section 1629h of this title and provisions set out as a note under section 1629h of this title] may be cited as the ‘Kake Tribal Corporation Land Transfer Act’.’’ SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–333, § 14, Oct. 31, 1998, 112 Stat. 3136, pro- vided that: ‘‘This Act [amending sections 1606, 1611, 1621, 1626, 1629e, 1634, and 1636 of this title and section 3197 of Title 16, Conservation, and enacting provisions set out as a note under section 3198 of Title 16] may be cited as the ‘ANCSA Land Bank Protection Act of 1998’.’’ SHORT TITLE OF 1992 AMENDMENT Pub. L. 102–415, § 1, Oct. 14, 1992, 106 Stat. 2112, pro- vided that: ‘‘This Act [amending sections 1606, 1617, 1620, 1621, 1626, and 1634 of this title and section 3198 of Title 16, Conservation, and enacting provisions set out as notes under section 852 of this title and section 539 of Title 16] may be cited as the ‘Alaska Land Status Technical Corrections Act of 1992’.’’ SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–241, § 1(a), Feb. 3, 1988, 101 Stat. 1788, pro- vided that: ‘‘This Act [enacting sections 1629b to 1629e of this title, amending sections 1602, 1606, 1607, 1620, 1625 to 1627, and 1636 of this title, section 78m of Title 15, Commerce and Trade, and section 1702 of Title 30, Min- eral Lands and Mining, and enacting provisions set out as notes under this section and under section 1702 of Title 30] may be cited as the ‘Alaska Native Claims Settlement Act Amendments of 1987’.’’ SHORT TITLE Pub. L. 92–203, § 1, Dec. 18, 1971, 85 Stat. 688, provided: ‘‘That this Act [enacting this chapter] may be cited as the ‘Alaska Native Claims Settlement Act’.’’ SAVINGS PROVISION Provisions of Federal Land Policy and Management Act of 1976, Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, not to be construed as modifying, etc., any provision of this chapter, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title. Pub. L. 92–203, § 26, Dec. 18, 1971, 85 Stat. 715, provided that: ‘‘To the extent that there is a conflict between any provision of this Act [enacting this chapter] and any other Federal laws applicable to Alaska, the provi- sions of this Act shall govern.’’ SEVERABILITY Pub. L. 92–203, § 27, Dec. 18, 1971, 85 Stat. 716, as amended by Pub. L. 100–241, § 13, Feb. 3, 1988, 101 Stat. 1810, provided that: ‘‘The provisions of this Act, as amended [enacting this chapter], and the Alaska Native Claims Settlement Act Amendments of 1987 [Pub. L. 100–241, see Short Title of 1988 Amendment note above] are severable. If any provision of either Act is deter- mined by a court of competent jurisdiction to be in- valid, such invalidity shall not affect the validity of any other provision of either Act.’’ CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY Pub. L. 100–241, § 2, Feb. 3, 1988, 101 Stat. 1788, provided that: ‘‘The Congress finds and declares that— ‘‘(1) the Alaska Native Claims Settlement Act [this chapter] was enacted in 1971 to achieve a fair and just 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-