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§ 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.



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