Chapter 33, Section 1613, Subsection (c) · 43 U.S.C. Chapter 33 — ALASKA NATIVE CLAIMS SETTLEMENT

Contents

(a) Native villages listed in section 1610 and qualified for land benefits; patents for surface estates; issuance; acreage
(b) Native villages listed in section 1615 and qualified for land benefits; patents for surface estates; issuance; acreage
(c) Conveyance of certain land by Village Corporation13 changes
(d) Rule of approximation with respect to acreage limitations1 change
(e) Surface and/or subsurface estates to Regional Corporations
(f) Patents to Village Corporations for surface estates and to Regional Corporations for subsurface estates; excepted lands; mineral rights, consent of Village Corporations
(g) Valid existing rights preserved; saving provisions in patents; patentee rights; administration; proportionate rights of patentee
(h) Authorization for land conveyances; surface and subsurface estates8 changes

(c)

(1)Each patent issued pursuant to subsections (a) and (b) shall be subject to the requirements of this subsection. Upon receipt of a patent or patents:

(A)The Village Corporation shall first convey to any Native or non-Native occupant, without consideration, title to the surface estate in the tract occupied as of December 18, 1971 (except that occupancy of tracts located in the Pribilof Islands shall be determined as of the date of initial conveyance of such tracts to the appropriate Village Corporation) as a primary place of residence, or as a primary place of business, or as a subsistence campsite, or as headquarters for reindeer husbandry.

(B)The Village Corporation shall then convey to the occupant, either without consideration or upon payment of an amount not in excess of fair market value, determined as of the date of initial occupancy and without regard to any improvements thereon, title to the surface estate in any tract occupied as of December 18, 1971 by a nonprofit organization.

(C)

(i)The Village Corporation shall then convey to any Municipal Corporation in the Native village or to the State in trust for any Municipal Corporation established in the Native village in the future, title to the remaining surface estate of the improved land on which the Native village is located and as much additional land as is necessary for community expansion, and appropriate rights-of-way for public use, and other foreseeable community needs.

(ii)The amount of lands to be transferred to the Municipal Corporation or in trust shall be no less than 1,280 acres unless the Village Corporation and the Municipal Corporation or the State in trust can agree in writing on an amount which is less than 1,280 acres.

(iii)

(I)Any net revenues derived from the sale of surface resources harvested or extracted from lands reconveyed pursuant to this subsection shall be paid to the Village Corporation by the Municipal Corporation or the State in trust.

(II)For purposes of subclause (I), the term “sale” shall not include the utilization of surface resources for governmental purposes by the Municipal Corporation or the State in trust, nor shall it include the issuance of free use permits or other authorization for such purposes.

(iv)

(I)Notwithstanding any other provision of this subparagraph, if a Village Corporation, prior to July 7, 2025, conveyed to the State in trust all or a portion of the acreage of land required to be conveyed under this subparagraph for the establishment of a Municipal Corporation in the future, and a Municipal Corporation has not been established as of July 7, 2025, on formal resolution by the Village Corporation and the residents of the Native village requesting dissolution of the trust, the trust shall be dissolved and title to the land shall revert to the Village Corporation, subject to subclause (III).

(II)Notwithstanding any other provision of this subparagraph, as of July 7, 2025, a Village Corporation shall not be required to convey any additional land in trust under this subparagraph for the establishment of a Municipal Corporation in the future.

(III)In accordance with subsection (g)—

(aa)the reversion of land to a Village Corporation pursuant to subclause (I) shall be subject to—

(AA)valid existing rights created by the applicable trust; and

(BB)any existing easements, rights-of-way necessary for public roadway access, or rights-of-way for access of holders of valid existing rights; and

(bb)the Village Corporation shall assume the obligations of the applicable trust with respect to any lease or other use agreement applicable to the land on reversion of the land to the Village Corporation pursuant to subclause (I).

(D)The Village Corporation shall convey to the Federal Government, State, or to the appropriate Municipal Corporation, title to the surface estate for airport sites, airway beacons, and other navigation aids as such existed on December 18, 1971, together with such additional acreage and/or easements as are necessary to provide related governmental services and to insure safe approaches to airport runways as such airport sites, runways, and other facilities existed as of December 18, 1971.

(E)For a period of ten years after December 18, 1971, the Regional Corporation shall be afforded the opportunity to review and render advice to the Village Corporations on all land sales, leases or other transactions prior to any final commitment.

(2)

(A)There are authorized to be appropriated such sums as may be necessary for the purpose of providing technical assistance to Village Corporations established pursuant to this chapter in order that they may fulfill the reconveyance requirements of this subsection.

(B)The Secretary may make funds available as grants to ANCSA or nonprofit corporations that maintain in-house land planning and management capabilities.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 30

Show every defined term

Agreement
means the agreement entitled “Terms and Conditions Governing Legislative Land Consolidation and Exchange between NANA Regional Corporation, Inc., and the United States” executed by the Secretary of the Interior and the President of NANA Regional Corporation, Inc., on January 31 and January 24, 1985, respectively.
Alienability restrictions
means the restrictions imposed on Settlement Common Stock by section 1606(h)(1)(B) of this title;
available Federal land
means Federal land in the State that—
contaminant
means 1 hazardous substance harmful to public health or the environment, including friable asbestos.
contingency area
means any area specified in a timber sale contract as an area from which the timber contractor may harvest timber if the volume of timber specified in the contract cannot be obtained from one or more areas definitely designated for timbering in the contract.
Cook Inlet Regional Corporation
means Cook Inlet Region, Incorporated.
Descendant of a Native
means—
eligible individual
means an individual who, as determined by the Secretary in accordance with subsection (c)(1), is—
Fund
means the Alaska Native Fund in the Treasury of the United States established by section 1605 of this title;
Group Corporation
means an Alaska Native 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;
Merchantable Timber
means timber that can be harvested and marketed by a prudent operator.
Municipal Corporation
means any general unit of municipal government under the laws of the State of Alaska;
NANA
means NANA Regional Corporation, Inc., a corporation formed for the Natives of Northwest Alaska pursuant to the provisions of this chapter.
Native
means a citizen of the United States who is a person of one-fourth degree or more Alaska Indian (including Tsimshian Indians not enrolled in the Metlaktla 1 Indian Community) Eskimo, or Aleut blood, or combination thereof.
Native Corporation
means any Regional Corporation, any Village Corporation, any Urban Corporation, and any Group Corporation;
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;
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 satisfactory to the Secretary, who shall make findings of fact in each instance), composed of twenty-five or more Natives;
Person
means any individual, group, firm, corporation, association, or partnership;
Planning Commission
means the Joint Federal-State Land Use Planning Commission established by section 1616 of this title;
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 Federal 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;
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;
Replacement Common Stock
means stock of a Native Corporation issued in exchange for Settlement Common Stock pursuant to section 1606(h)(3) of this title;
Secretary
means the Secretary of the Interior;
Settlement Common Stock
means stock of a Native Corporation issued pursuant to section 1606(g)(1) of this title that carries with it the rights and restrictions listed in section 1606(h)(1) of this title;
Settlement Trust
means a trust—
State
means the State of Alaska.
transportation system
means the Red Dog Mine Transportation System described in Exhibit B of the Agreement.
Urban Corporation
means an Alaska Native 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;
veteran
has the meaning given the term in section 101 of title 38.
Village Corporation
means an Alaska Native 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