§ 1601. — Congressional findings and declaration of policy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1601]
TITLE 43--PUBLIC LANDS
CHAPTER 33--ALASKA NATIVE CLAIMS SETTLEMENT
Sec. 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 participation by Natives
in decisions affecting their rights and property, without
establishing any permanent racially defined institutions, rights,
privileges, or obligations, without creating a reservation system or
lengthy wardship or trusteeship, and without adding to the
categories of property and institutions enjoying 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 Alaska to protect and
promote the rights or welfare of Natives as citizens of the United
States or of Alaska; the Secretary is authorized and directed,
together with other appropriate agencies of the United States
Government, 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 constitute a precedent
for reopening, renegotiating, 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 7421
through 7438 \1\ of title 10 except as specifically provided in this
chapter;
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\1\ See References in Text note below.
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(f) no provision of this chapter shall be construed 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 construed to terminate
or otherwise curtail the activities of the Economic Development
Administration or other Federal agencies conducting loan or loan and
grant programs in Alaska. For this purpose only, the terms ``Indian
reservation'' and ``trust or restricted Indian-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, 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 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.''
