§ 1608. — Revenue sharing.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1608]
TITLE 43--PUBLIC LANDS
CHAPTER 33--ALASKA NATIVE CLAIMS SETTLEMENT
Sec. 1608. Revenue sharing
(a) Minerals within section
The provisions of this section shall apply to all minerals that are
subject to disposition under the Mineral Leasing Act of 1920, as amended
and supplemented [30 U.S.C. 181 et seq.].
(b) Interim payments into Alaska Native Fund based on percentage of
gross value of produced or removed minerals and of rentals and
bonuses; time of payment
With respect to conditional leases and sales of minerals heretofore
or hereafter made pursuant to section 6(g) of the Alaska Statehood Act,
and with respect to mineral leases of the United States that are or may
be subsumed by the State under section 6(h) of the Alaska Statehood Act,
until such time as the provisions of subsection (c) of this section
become operative the State shall pay into the Alaska Native Fund from
the royalties, rentals, and bonuses hereafter received by the State (1)
a royalty of 2 per centum upon the gross value (as such gross value is
determined for royalty purposes under such leases or sales) of such
minerals produced or removed from such lands, and (2) 2 per centum of
all rentals and bonuses under such leases or sales, excluding bonuses
received by the State at the September 1969 sale of minerals from
tentatively approved lands and excluding rentals received pursuant to
such sale before December 18, 1971. Such payment shall be made within
sixty days from the date the revenues are received by the State.
(c) Patents; royalties: reservation of percentage of gross value of
produced or removed minerals and of rentals and bonuses from
disposition of minerals
Each patent hereafter issued to the State under the Alaska Statehood
Act, including a patent of lands heretofore selected and tentatively
approved, shall reserve for the benefit of the Natives, and for payment
into the Alaska Native Fund, (1) a royalty of 2 per centum upon the
gross value (as such gross value is determined for royalty purposes
under any disposition by the State) of the minerals thereafter produced
or removed from such lands, and (2) 2 per centum of all revenues
thereafter derived by the State from rentals and bonuses from the
disposition of such minerals.
(d) Distribution of bonuses, rentals, and royalties from Federal
disposition of minerals in public lands; payments into Alaska
Native Fund based on percentage of gross value of produced
minerals and of rentals and bonuses; Federal and State share
calculation on remaining balance
All bonuses, rentals, and royalties received by the United States
after December 18, 1971, from the disposition by it of such minerals in
public lands in Alaska shall be distributed as provided in the Alaska
Statehood Act, except that prior to calculating the shares of the State
and the United States as set forth in such Act, (1) a royalty of 2 per
centum upon the gross value of such minerals produced (as such gross
value is determined for royalty purposes under the sale or lease), and
(2) 2 per centum of all rentals and bonuses shall be deducted and paid
into the Alaska Native Fund. The respective shares of the State and the
United States shall be calculated on the remaining balance.
(e) Federal enforcement; State underpayment: deductions from grants-in-
aid or other Federal assistance equal to underpayment and
deposit of such amount in Fund
The provisions of this section shall be enforceable by the United
States for the benefit of the Natives, and in the event of default by
the State in making the payments required, in addition to any other
remedies provided by law, there shall be deducted annually by the
Secretary of the Treasury from any grant-in-aid or from any other sums
payable to the State under any provision of Federal law an amount equal
to any such underpayment, which amount shall be deposited in the Fund.
(f) Oil and gas revenues; amount payable equal to Federal or State
royalties in cash or kind
Revenues received by the United States or the State as compensation
for estimated drainage of oil or gas shall, for the purposes of this
section, be regarded as revenues from the disposition of oil and gas. In
the event the United States or the State elects to take royalties in
kind, there shall be paid into the Fund on account thereof an amount
equal to the royalties that would have been paid into the Fund under the
provisions of this section had the royalty been taken in cash.
(g) Alaska Native Fund payments; cessation; reimbursement for advance
payments
The payments required by this section shall continue only until a
sum of $500,000,000 has been paid into the Alaska Native Fund less the
total of advance payments paid into the Alaska Native Fund pursuant to
section 407 of the Trans-Alaska Pipeline Authorization Act. Thereafter,
payments which would otherwise go into the Alaska Native Fund will be
made to the United States Treasury as reimbursement for the advance
payments authorized by section 407 of the Trans-Alaskan Pipeline
Authorization Act. The provisions of this section shall no longer apply,
and the reservation required in patents under this section shall be of
no further force and effect, after a total sum of $500,000,000 has been
paid to the Alaska Native Fund and to the United States Treasury
pursuant to this subsection.
(h) Final payment; order of computation
When computing the final payment into the Fund the respective shares
of the United States and the State with respect to payments to the Fund
required by this section shall be determined pursuant to this subsection
and in the following order:
(1) first, from sources identified under subsections (b) and (c)
hereof; and
(2) then, from sources identified under subsection (d) hereof.
(i) Outer Continental Shelf mineral revenues; provisions of section
inapplicable
The provisions of this section do not apply to mineral revenues
received from the Outer Continental Shelf.
(Pub. L. 92-203, Sec. 9, Dec. 18, 1971, 85 Stat. 694; Pub. L. 93-153,
title IV, Sec. 407(b), Nov. 16, 1973, 87 Stat. 591.)
References in Text
The Mineral Leasing Act of 1920, referred to in subsec. (a), is act
Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as the Mineral
Leasing Act, which is classified generally to chapter 3A (Sec. 181 et
seq.) of Title 30, Mineral Lands and Mining. For complete classification
of this Act to the Code, see Short Title note set out under section 181
of Title 30 and Tables.
The Alaska Statehood Act, referred to in subsecs. (b), (c), and (d),
is Pub. L. 85-508, July 7, 1958, 72 Stat. 339, as amended, which is set
out as a note preceding section 21 of Title 48. For complete
classification of this Act to the Code, see Tables.
Section 407 of the Trans-Alaska Pipeline Authorization Act, referred
to in subsec. (g), probably means section 407(a) of Pub. L. 93-153,
which is set out as a note below.
Amendments
1973--Subsec. (g). Pub. L. 93-153 inserted provisions covering
advance payments into the Alaska Native Fund pursuant to section 407 of
the Trans-Alaska Pipeline Authorization Act and the reimbursement of the
United States Treasury for payments made.
Advance Payments to Alaska Natives Until Commencement of Deliveries of
North Slope Crude Oil to Pipeline
Section 407(a) of Pub. L. 93-153 authorized $5,000,000 to be paid
from the United States Treasury to the Alaska Native Fund every six
months of each fiscal year beginning with the fiscal year ending June
30, 1976, as advance payments chargeable against revenues paid under
this section until delivery of North Slope crude oil to a pipeline
commenced.
Section Referred to in Other Sections
This section is referred to in sections 1605, 1635 of this title.
