§ 1602. Definitions

Footnotes

1. 1 So in original. Probably should be “Metlakatla”.
2. 2 So in original. The period probably should be a semicolon.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1971

   Alaska Native Claims Settlement Act

   Pub. L. 92–203 § 3 · 85 Stat. 688

   Enacted · 43 U.S.C. § 1602

   Pub. L. 92–203, § 3, Dec. 18, 1971, 85 Stat. 689

   Source evidence

   Code source credit
   Pub. L. 92–203, § 3, Dec. 18, 1971, 85 Stat. 689

   Enacted provision · exact public law section
   Sec. 3. definitions For the purposes of this Act, the term— (a) “Secretary” means the Secretary of the Interior; (b) “Native” means a citizen of the United States who is a person of one-fourth degree or more Alaska Indian (including Tsimshian Indians not enrolled in the Metlaktla Indian Community) Eskimo, or Aleut blood, or combination thereof. The term includes any Native as so defined either or both of whose adoptive parents are not Natives. It also includes, in the absence of proof of a minimum blood quantum, any citizen of the United States who is regarded as an Alaska Native by the Native village or Native group of which he claims to be a member and whose father or mother is (or, if deceased, was) regarded as Native by any village or group. Any decision of the Secretary regarding eligibility for enrollment shall be final; (c) “Native village” means any tribe, band, clan, group, village, community, or association in Alaska listed in sections 11 and 16 of this Act, or which meets the requirements of this Act, and which the Secretary determines was, on the 1970 census enumeration date (as shown by the census or other evidence satisfactory to the Secretary, who shall make findings of fact in each instance), composed of twenty-five or more Natives; (d) “Native group” means any tribe, band, clan, village, community, or village association of Natives in Alaska composed of less than twenty-five Natives, who comprise a majority of the residents of the locality; (e) “Public lands” means all Federal lands and interests therein located in Alaska except: (1) the smallest, practicable tract, as determined by the Secretary, enclosing land actually used in connection with the administration of any Federal installation, and (2) land selections of the State of Alaska which have been patented or tentatively approved under section 6(g) of the Alaska Statehood Act, as amended (72 Stat. 341, 77 Stat. 223), or identified for selection by the State 48 USC prec. 21 note. prior to January 17, 1969; (f) “State” means the. State of Alaska; (g) “Regional Corporation” means an Alaska Native Regional Corporation established under the laws of the State of Alaska in accordance with the provisions of this Act; (h) “Person” means any individual, firm, corporation, association, or partnership; (i) “Municipal Corporation” means any general unit of municipal government under the laws of the State of Alaska; (j) “Village Corporation” means an Alaska Native Village Corporation organized under the laws of the State of Alaska as a business for profit or nonprofit corporation to hold, invest, manage and/or distribute lands, property, funds, and other rights and assets for and on behalf of a Native village in accordance with the terms of this Act. (k) “Fund” means the Alaska Native Fund in the Treasury of the United States established by section 6; and (l) “Planning Commission” means the Joint Federal-State Land Use Planning Commission established by section 17.

2. 1980

   Alaska National Interest Lands Conservation Act

   Pub. L. 96–487 title XIV § 1401(d) · 94 Stat. 2371

   Added · 43 U.S.C. § 1602(m)

   Pub. L. 96–487 added subsec. (m)

   Source evidence

   Code amendment note
   Subsec. (m). Pub. L. 96–487 added subsec. (m).

   Enacted provision · exact public law section
   (d) Section 3 of the Alaska Native Claims Settlement Act is amended by the addition of a new subsection as follows: “(m) ‘Native Corporation’ means any Regional Corporation, any Village Corporation, any Urban Corporation, and any Native Group.”.

3. 1988

   Alaska Native Claims Settlement Act Amendments of 1987

   Pub. L. 100–241 § 3(1) · 101 Stat. 1788

   Inserted · 43 U.S.C. § 1602(h)

   Pub. L. 100–241, § 3(1), inserted “group,” after “individual,”

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 100–241, § 3(1), inserted “group,” after “individual,”.

   Enacted provision · exact public law section
   (1) by inserting “group,” after “individual,” in subsection (h);

4. 1988

   Alaska Native Claims Settlement Act Amendments of 1987

   Pub. L. 100–241 § 3(2) · 101 Stat. 1788

   Struck · 43 U.S.C. § 1602(k)

   Pub. L. 100–241, § 3(2), struck out “and” at end

   Source evidence

   Code amendment note
   Subsec. (k). Pub. L. 100–241, § 3(2), struck out “and” at end.

   Enacted provision · exact public law section
   (2) by striking out “and” at the end of subsection (k);

5. 1988

   Alaska Native Claims Settlement Act Amendments of 1987

   Pub. L. 100–241 § 3(3) · 101 Stat. 1788

   Substituted · 43 U.S.C. § 1602(l)

   Pub. L. 100–241, § 3(3), substituted semicolon for period

   Source evidence

   Code amendment note
   Subsec. (l). Pub. L. 100–241, § 3(3), substituted semicolon for period.

   Enacted provision · exact public law section
   (3) by striking out the period at the end of subsection (1) and inserting in lieu thereof a semicolon;

6. 1988

   Alaska Native Claims Settlement Act Amendments of 1987

   Pub. L. 100–241 § 3(4) · 101 Stat. 1788

   Substituted · 43 U.S.C. § 1602(m)

   Pub. L. 100–241, § 3(4), substituted “Group Corporation;” for “Native Group.”

   Source evidence

   Code amendment note
   Subsec. (m). Pub. L. 100–241, § 3(4), substituted “Group Corporation;” for “Native Group.”

   Enacted provision · exact public law section
   (4) by striking out “Native Group.” in subsection (m) and inserting in lieu thereof “Group Corporation;”; and

7. 1988

   Alaska Native Claims Settlement Act Amendments of 1987

   Pub. L. 100–241 § 3(5) · 101 Stat. 1788

   Added · 43 U.S.C. § 1602(n)(t)

   Pub. L. 100–241, § 3(5), added subsecs. (n) to (t)

   Source evidence

   Code amendment note
   Subsecs. (n) to (t). Pub. L. 100–241, § 3(5), added subsecs. (n) to (t).

   Enacted provision · exact public law section
   (5) by adding at the end thereof the following new subsections: “(n) ‘Group Corporation’ means an Alaska Native Group Corporation organized under the laws of the State of Alaska as a business for profit or nonprofit corporation to hold, invest, manage and/or distribute lands, property, funds, and other rights and assets for and on behalf of members of a Native group in accordance with the terms of this Act; “(o) ‘Urban Corporation’ means an Alaska Native Urban Corporation organized under the laws of the State of Alaska as a business for profit or nonprofit corporation to hold, invest, manage and/or distribute lands, property, funds, and other rights and assets for and on behalf of members of an urban community of Natives in accordance with the terms of this Act; “(p) ‘Settlement Common Stock’ means stock of a Native Corporation issued pursuant to section 7(g)(1) that carries with it the rights and restrictions listed in section 7(h)(1); “(q) ‘Replacement Common Stock’ means stock of a Native Corporation issued in exchange for Settlement Common Stock pursuant to section 7(h)(3); “(r) ‘Descendant of a Native’ means— “(1) a lineal descendant of a Native or of an individual who would have been a Native if such individual were alive on December 18, 1971, or “(2) an adoptee of a Native or of a descendant of a Native, whose adoption— “(A) occurred prior to his or her majority, and “(B) is recognized at law or in equity; “(s) ‘Alienability restrictions’ means the restrictions imposed on Settlement Common Stock by section 7(h)(1)(B); “(t) ‘Settlement Trust’ means a trust— “(1) established and registered by a Native Corporation under the laws of the State of Alaska pursuant to a resolution of its shareholders, and “(2) operated for the sole benefit of the holders of the corporation’s Settlement Common Stock in accordance with section 39 and the laws of the State of Alaska.”.

8. 2000

   Pub. L. 106–194 § 3 · 114 Stat. 239

   Substituted · 43 U.S.C. § 1602(t)(2)

   Pub. L. 106–194 substituted “benefit of shareholders, Natives, and descendants of Natives,” for “sole benefit of the holders of the corporation’s Settlement Common Stock”

   Source evidence

   Code amendment note
   Subsec. (t)(2). Pub. L. 106–194 substituted “benefit of shareholders, Natives, and descendants of Natives,” for “sole benefit of the holders of the corporation’s Settlement Common Stock”.

   Enacted provision · exact public law section
   SEC. 3. DEFINITION OF SETTLEMENT TRUST. Section 3(t)(2) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(t)(2)) is amended by striking “sole” and all that follows through “Stock” and inserting “benefit of shareholders, Natives, and descendants of Natives,”.

8 of 8 references resolved to an enrolled provision