§ 1626. — Relation to other programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1626]
TITLE 43--PUBLIC LANDS
CHAPTER 33--ALASKA NATIVE CLAIMS SETTLEMENT
Sec. 1626. Relation to other programs
(a) Continuing availability of otherwise available governmental programs
The payments and grants authorized under this chapter constitute
compensation for the extinguishment of claims to land, and shall not be
deemed to substitute for any governmental programs otherwise available
to the Native people of Alaska as citizens of the United States and the
State of Alaska.
(b) Food stamp program
Notwithstanding section 5(a) and any other provision of the Food
Stamp Act of 1964 (78 Stat. 703), as amended [7 U.S.C. 2011 et seq.], in
determining the eligibility of any household to participate in the food
stamp program, any compensation, remuneration, revenue, or other benefit
received by any member of such household under this chapter shall be
disregarded.
(c) Eligibility for need-based Federal programs
In determining the eligibility of a household, an individual Native,
or a descendant of a Native (as defined in section 1602(r) of this
title) to--
(1) participate in the Food Stamp Program,
(2) receive aid, assistance, or benefits, based on need, under
the Social Security Act [42 U.S.C. 301 et seq.], or
(3) receive financial assistance or benefits, based on need,
under any other Federal program or federally-assisted program,
none of the following, received from a Native Corporation, shall be
considered or taken into account as an asset or resource:
(A) cash (including cash dividends on stock received from a
Native Corporation and on bonds received from a Native Corporation)
to the extent that it does not, in the aggregate, exceed $2,000 per
individual per annum;
(B) stock (including stock issued or distributed by a Native
Corporation as a dividend or distribution on stock) or bonds issued
by a Native Corporation which bonds shall be subject to the
protection of section 1606(h) of this title until voluntarily and
expressly sold or pledged by the shareholder subsequent to the date
of distribution;
(C) a partnership interest;
(D) land or an interest in land (including land or an interest
in land received from a Native Corporation as a dividend or
distribution on stock); and
(E) an interest in a settlement trust.
(d) Federal Indian programs
Notwithstanding any other provision of law, Alaska Natives shall
remain eligible for all Federal Indian programs on the same basis as
other Native Americans.
(e) Minority and economically disadvantaged status
(1) For all purposes of Federal law, a Native Corporation shall be
considered to be a corporation owned and controlled by Natives and a
minority and economically disadvantaged business enterprise if the
Settlement Common Stock of the corporation and other stock of the
corporation held by holders of Settlement Common Stock and by Natives
and descendants of Natives, represents a majority of both the total
equity of the corporation and the total voting power of the corporation
for the purposes of electing directors.
(2) For all purposes of Federal law, direct and indirect subsidiary
corporations, joint ventures, and partnerships of a Native Corporation
qualifying pursuant to paragraph (1) shall be considered to be entities
owned and controlled by Natives and a minority and economically
disadvantaged business enterprise if the shares of stock or other units
of ownership interest in any such entity held by such Native Corporation
and by the holders of its Settlement Common Stock represent a majority
of both--
(A) the total equity of the subsidiary corporation, joint
venture, or partnership; and
(B) the total voting power of the subsidiary corporation, joint
venture, or partnership for the purpose of electing directors, the
general partner, or principal officers.
(3) No provision of this subsection shall--
(A) preclude a Federal agency or instrumentality from applying
standards for determining minority ownership (or control) less
restrictive than those described in paragraphs (1) and (2), or
(B) supersede any such less restrictive standards in existence
on February 3, 1988.
(4)(A) Congress confirms that Federal procurement programs for
tribes and Alaska Native Corporations are enacted pursuant to its
authority under Article I, Section 8 of the United States Constitution.
(B) Contracting with an entity defined in subsections \1\ (e)(1) or
(e)(2) of this section or section 1452(c) of title 25 shall be credited
towards the satisfaction of a contractor's small or small disadvantaged
business subcontracting goals under section 502 of P.L. 100-656,
provided that where lower tier subcontractors exist, the entity shall
designate the appropriate contractor or contractors to receive such
credit.
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\1\ So in original. Probably should be ``subsection''.
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(C) Any entity that satisfies subsection (e)(1) or (e)(2) of this
section that has been certified under section 637 of title 15 is a
Disadvantaged Business Enterprise for the purposes of Public Law 105-
178.
(f) Omitted
(g) Civil Rights Act of 1964
For the purposes of implementation of the Civil Rights Act of 1964
[42 U.S.C. 2000a et seq.], a Native Corporation and corporations,
partnerships, joint ventures, trusts, or affiliates in which the Native
Corporation owns not less than 25 per centum of the equity shall be
within the class of entities excluded from the definition of
``employer'' by section 701(b)(1) of Public Law 88-352 (78 Stat. 253),
as amended [42 U.S.C. 2000e(b)(1)], or successor statutes.
(Pub. L. 92-203, Sec. 29, as added Pub. L. 94-204, Sec. 4, Jan. 2, 1976,
89 Stat. 1147; amended Pub. L. 100-241, Sec. 15, Feb. 3, 1988, 101 Stat.
1812; Pub. L. 102-415, Secs. 10, 11, Oct. 14, 1992, 106 Stat. 2115; Pub.
L. 105-333, Sec. 5, Oct. 31, 1998, 112 Stat. 3131; Pub. L. 107-117, div.
B, Sec. 702, Jan. 10, 2002, 115 Stat. 2312; Pub. L. 107-206, title III,
Sec. 3003, Aug. 2, 2002, 116 Stat. 924.)
References in Text
The Food Stamp Act of 1964 (78 Stat. 703), as amended, referred to
in subsec. (b), is Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703, as
amended, known as the Food Stamp Act of 1977, which is classified
generally to chapter 51 (Sec. 2011 et seq.) of Title 7, Agriculture.
Section 5(a) of such Act is classified section 2014(a) of Title 7. For
complete classification of this Act to the Code, see Short Title note
set out under section 2011 of Title 7 and Tables.
The Social Security Act, referred to in subsec. (c)(2), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified
generally to chapter 7 (Sec. 301 et seq.) of Title 42, The Public Health
and Welfare. For complete classification of this Act to the Code, see
section 1305 of Title 42 and Tables.
Section 502 of P.L. 100-656, referred to in subsec. (e)(4)(B), is
section 502 of title V of Pub. L. 100-656, Nov. 15, 1988, 102 Stat.
3881, which amended section 644(g) of Title 15, Commerce and Trade.
Public Law 105-178, referred to in subsec. (e)(4)(C), is Pub. L.
105-178, June 9, 1998, 112 Stat. 107, as amended, known as the
Transportation Equity Act for the 21st Century. The Disadvantaged
Business Enterprise provisions of the Act are set out as a note under
section 101 of Title 23, Highways. For complete classification of this
Act to the Code, see Short Title of 1998 Amendment note set out under
section 101 of Title 23 and Tables.
The Civil Rights Act of 1964, referred to in subsec. (g), is Pub. L.
88-352, July 2, 1964, 78 Stat. 241, as amended, which is classified
principally to subchapters II to IX (Sec. 2000a et seq.) of chapter 21
of Title 42. For complete classification of this Act to the Code, see
Short Title note set out under section 2000a of Title 42 and Tables.
Codification
Subsec. (f) amended section 1702(3), (4) of Title 30, Mineral Lands
and Mining, and provided for effective date of such amendment.
Amendments
2002--Subsec. (e)(4). Pub. L. 107-117 added par. (4).
Subsec. (e)(4)(B). Pub. L. 107-206, Sec. 3003(1), substituted
``subsections (e)(1) or (e)(2)'' for ``subsection (e)(2)'' and directed
the substitution of ``small or small disadvantaged business
subcontracting goals under section 502 of P.L. 100-656, provided that
where lower tier subcontractors exist, the entity shall designate the
appropriate contractor or contractors to receive such credit'' for
``obligations under section 7 of P.L. 87-305'', which was executed by
making the substitution for ``obligations under section 7 of Public Law
87-305'', to reflect the probable intent of Congress.
Subsec. (e)(4)(C). Pub. L. 107-206, Sec. 3003(2), substituted
``subsection (e)(1) or (e)(2)'' for ``subsection (e)(2)''.
1998--Subsec. (c)(3)(A). Pub. L. 105-333, Sec. 5(1), inserted ``and
on bonds received from a Native Corporation''.
Subsec. (c)(3)(B). Pub. L. 105-333, Sec. 5(2), inserted before
semicolon at end ``or bonds issued by a Native Corporation which bonds
shall be subject to the protection of section 1606(h) of this title
until voluntarily and expressly sold or pledged by the shareholder
subsequent to the date of distribution''.
1992--Subsec. (e)(1), (2). Pub. L. 102-415, Sec. 10, inserted ``and
economically disadvantaged'' after ``minority''.
Subsec. (g). Pub. L. 102-415, Sec. 11, substituted ``of entities
excluded from the definition of `employer' by'' for ``defined in'' and
``section 701(b)(1)'' for ``section 701(b)''.
1988--Subsecs. (c) to (g). Pub. L. 100-241 added subsecs. (c) to
(g).
Section Referred to in Other Sections
This section is referred to in title 15 section 632.
