§ 1605. — Alaska Native Fund.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1605]
TITLE 43--PUBLIC LANDS
CHAPTER 33--ALASKA NATIVE CLAIMS SETTLEMENT
Sec. 1605. Alaska Native Fund
(a) Establishment in Treasury; deposits into Fund of general fund,
interest, and revenue sharing moneys
There is hereby established in the United States Treasury an Alaska
Native Fund into which the following moneys shall be deposited:
(1) $462,500,000 from the general fund of the Treasury, which
are authorized to be appropriated according to the following
schedule:
(A) $12,500,000 during the fiscal year in which this chapter
becomes effective;
(B) $50,000,000 during the second fiscal year;
(C) $70,000,000 during each of the third, fourth, and fifth
fiscal years;
(D) $40,000,000 during the period beginning July 1, 1976,
and ending September 30, 1976; and
(E) $30,000,000 during each of the next five fiscal years,
for transfer to the Alaska Native Fund in the fourth quarter of
each fiscal year.
(2) Four percent interest per annum, which is authorized to be
appropriated, on any amount authorized to be appropriated by this
paragraph that is not appropriated within six months after the
fiscal year in which payable.
(3) $500,000,000 pursuant to the revenue sharing provisions of
section 1608 of this title.
(b) Prohibition of expenditures for propaganda or political campaigns;
misdemeanor; penalty
None of the funds paid or distributed pursuant to this section to
any of the Regional and Village Corporations established pursuant to
this chapter shall be expended, donated, or otherwise used for the
purpose of carrying on propaganda, or intervening in (including the
publishing and distributing of statements) any political campaign on
behalf of any candidate for public office. Any person who willfully
violates the foregoing provision shall be guilty of a misdemeanor and,
upon conviction thereof, shall be fined not more than $1,000 or
imprisoned not more than twelve months, or both.
(c) Distribution of Fund moneys among organized Regional Corporations;
basis as relative number of Native enrollees in each region;
reserve for payment of attorney and other fees; retention of
share in Fund until organization of corporation
After completion of the roll prepared pursuant to section 1604 of
this title, all money in the Fund, except money reserved as provided in
section 1619 of this title for the payment of attorney and other fees,
shall be distributed at the end of each three months of the fiscal year
among the Regional Corporations organized pursuant to section 1606 of
this title on the basis of the relative numbers of Natives enrolled in
each region. The share of a Regional Corporation that has not been
organized shall be retained in the Fund until the Regional Corporation
is organized.
(Pub. L. 92-203, Sec. 6, Dec. 18, 1971, 85 Stat. 690; Pub. L. 94-273,
Sec. 38, Apr. 21, 1976, 90 Stat. 380.)
Amendments
1976--Subsec. (a)(1)(D). Pub. L. 94-273 substituted ``period
beginning July 1, 1976, and ending September 30, 1976; and'' for ``the
sixth fiscal year; and''.
Subsec. (a)(1)(E). Pub. L. 94-273 inserted provision relating to
transfer to the Alaska Native Fund.
Deposits Into and Distributions From Alaska Native Fund; Time
Requirements; Inclusion of Previously Earned Interest
Pub. L. 96-487, title XIV, Sec. 1414, Dec. 2, 1980, 94 Stat. 2498,
provided that:
``(a) Moneys appropriated for deposit in the Alaska Native Fund for
the fiscal year following the enactment of this Act [Dec. 2, 1980],
shall, for the purposes of section 5 of Public Law 94-204 [set out
below] only, be deposited into the Alaska Native Fund on the first day
of the fiscal year for which the moneys are appropriated, and shall be
distributed at the end of the first quarter of the fiscal year in
accordance with section 6(c) of the Alaska Native Claims Settlement Act
[subsec. (c) of this section] notwithstanding any other provision of
law.
``(b) For the fiscal year in which this Act is enacted [fiscal year
1981], the money appropriated shall be deposited within 10 days of
enactment [Dec. 2, 1980], unless it has already been deposited in
accordance with existing law, and shall be distributed no later than the
end of the quarter following the quarter in which the money is
deposited: Provided, That if the money is already deposited at the time
of enactment of this Act, it must be distributed at the end of the
quarter in which this Act is enacted.
``(c) Notwithstanding section 38 of the Fiscal Year Adjustment Act
[section 38 of Pub. L. 94-273, which amended this section] or any other
provisions of law, interest earned from the investment of appropriations
made pursuant to the Act of July 31, 1976 (Public Law 94-373; 90 Stat.
1051) [not classified to the Code], and deposited in the Alaska Native
Fund on or after October 1, 1976, shall be deposited in the Alaska
Native Fund within thirty days after enactment of this Act [Dec. 2,
1980] and shall be distributed as required by section 6(c) of the Alaska
Native Claims Settlement Act [subsec. (c) of this section].''
Alaska Native Fund Viewed as Trust for Indian Tribes for Purposes of
Interest and Investment
Pub. L. 94-204, Sec. 5, Jan. 2, 1976, 89 Stat. 1147, provided that:
``For purposes of the first section of the Act of February 12, 1929 (45
Stat. 1164), as amended [section 161a of Title 25, Indians], and the
first section of the Act of June 24, 1938 (52 Stat. 1037) [section 162a
of Title 25], the Alaska Native Fund shall, pending distributions under
section 6(c) of the Settlement Act [subsec. (c) of this section] be
considered to consist of funds held in trust by the Government of the
United States for the benefit of Indian tribes: Provided, That nothing
in this section shall be construed to create or terminate any trust
relationship between the United States and any corporation or individual
entitled to receive benefits under the Settlement Act [this chapter].''
Section Referred to in Other Sections
This section is referred to in sections 1602, 1606, 1619, 1621, 1627
of this title.