Notes on 43 U.S.C. § 1601 : US Code - Notes

Search Notes on 43 U.S.C. § 1601 : US Code - Notes

(Pub. L. 92-203, Sec. 2, Dec. 18, 1971, 85 Stat. 688.)
REFERENCES IN TEXT
Section 7434 of title 10, referred to in subsec. (e), was
repealed by Pub. L. 104-66, title I, Sec. 1051(g), Dec. 21, 1995,
109 Stat. 716.
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,
as amended, which is classified generally to chapter 38 (Sec. 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.
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108-452, Sec. 1(a), Dec. 10, 2004, 118 Stat. 3575,
provided that: "This Act [amending sections 1611, 1613, 1617, 1621,
1629g, and 1635 of this title, enacting provisions 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
Possessions] may be cited as the 'Alaska Land Transfer Acceleration
Act'."
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106-283, Sec. 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, Sec. 14, Oct. 31, 1998, 112 Stat. 3136, provided
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, Sec. 1, Oct. 14, 1992, 106 Stat. 2112, provided
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, Sec. 1(a), Feb. 3, 1988, 101 Stat. 1788,
provided 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, Mineral 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
Section 1 of Pub. L. 92-203 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.
Section 26 of Pub. L. 92-203 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
provisions of this Act shall govern."
SEVERABILITY
Section 27 of Pub. L. 92-203, as amended by Pub. L. 100-241, Sec.
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 determined by a court of competent
jurisdiction to be invalid, such invalidity shall not affect the
validity of any other provision of either Act."
CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY
Pub. L. 100-241, Sec. 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 settlement of all
aboriginal land and hunting and fishing claims by Natives and
Native groups of Alaska with maximum participation by Natives in
decisions affecting their rights and property;
"(2) the settlement enabled Natives to participate in the
subsequent expansion of Alaska's economy, encouraged efforts to
address serious health and welfare problems in Native villages,
and sparked a resurgence of interest in the cultural heritage of
the Native peoples of Alaska;
"(3) despite these achievements and Congress's desire 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
costly litigation have delayed implementation of the settlement
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
values;
"(5) to ensure the continued success of the settlement and to
guarantee Natives continued participation 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 circumstances 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 terminated, 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 implementation of the
settlement, Congress is not expressing an opinion on the manner
in which such shareholders choose to balance individual rights
and communal rights;
"(8) no provision of this Act [see Short Title of 1988
Amendment note above] shall -
"(A) unless specifically provided, constitute a repeal or
modification, implied or otherwise, of any provision of the
Alaska Native Claims Settlement Act; or
"(B) confer on, or deny to, any Native organization any
degree of sovereign governmental authority over lands
(including management, or regulation 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 Constitution of the United States to regulate
Indian affairs."
JUDICIAL REVIEW
Pub. L. 100-241, Sec. 16, Feb. 3, 1988, 101 Stat. 1813, provided
that:
"(a) Statute of Limitations. - (1) Notwithstanding any other
provision of law, a civil action that challenges 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
subsection.
"(2) If a civil action described in paragraph (1) challenges -
"(A) the issuance or distribution of Settlement Common Stock
for less than fair market value consideration 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 subsections [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 rejection of an
amendment to terminate alienability restrictions 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 authorizing such
issuance or distribution, extension of restrictions, or denial of
right, and unless a request for a declaratory 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 described 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 limitation on
civil actions established by this section is -
"(1) to ensure that after the expiration of a reasonable period
of time, Native Shareholders, Native Corporations, 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, Sec. 17, Feb. 3, 1988, 101 Stat. 1814, provided
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 authority pursuant to this Act,
or change made by, or pursuant to, this Act in the status of land
shall be construed to validate or invalidate or in any way affect -

"(1) any assertion that a Native organization (including a
federally recognized tribe, traditional Native council, or Native
council organized pursuant to the Act of June 18, 1934 (48 Stat.
987), as amended [25 U.S.C. 461 et seq.]) has or does not have
governmental 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 Federal
Government to assess, collect, or otherwise enforce any Federal
tax, or
"(2) to affect, for Federal tax purposes, the valuation of any
stock issued by a Native Corporation."
(!1) See References in Text note below.