tion to conduct business for profit, which shall be eligible for the benefits of this chapter so long as it is organized and functions in accordance with this chapter. The articles of incorporation shall include provisions necessary to carry out the terms of this chapter.

(e) Original articles and bylaws; approval by Secretary prior to filing, submission for approval; amendments to articles; approval by Secretary; withholding approval in event of creation of inequities among Native individuals or groups. The original articles of incorporation and bylaws shall be approved by the Secretary before they are filed, and they shall be submitted for approval within eighteen months after December 18, 1971. The articles of incorporation may not be amended during the Regional Corporation's first five years without the approval of the Secretary. The Secretary may withhold approval under this section if in his judgment inequities among Native individuals or groups of Native individuals would be created. (f) Board of directors; management; stockholders; provisions in articles or bylaws for number, term, and method of election.

The management of the Regional Corporation shall be vested in a board of directors, all of whom, with the exception of the initial board, shall be stockholders over the age of eighteen. The number, terms, and method of election of members of the board of directors shall be fixed in the articles of incorporation or bylaws of the Regional Corporation.

(g) Stock; issuance; provision in articles for division into classes and issuance of one hundred shares to Native regional enrollees.

The Regional Corporation shall be authorized to issue such number of shares of common stock, divided into such classes of shares as may be specified in the articles of incorporation to reflect the provisions of this chapter, as may be needed to issue one hundred shares of stock to each Native enrolled in the region pursuant to section 1604 of this title. (h) Stockholders' rights; alienation restriction: period; exception, certain stock transfers pursuant to court decree; stock transfer: voting rights, escheat; stock, reissuance without restrictions after prescribed period.

(1) Except as otherwise provided in paragraph (2) of this subsection, stock issued pursuant to subsection (g) of this section shall carry a right to vote in elections for the board of directors and on such other questions as properly may be presented to stockholders, shall permit the holder to receive dividends or other distributions from the Regional Corporation, and shall vest in the holder all rights of a stockholder in a business corporation organized under the laws of the State of Alaska, except that for a period of twenty years after December 18, 1971, the stock, inchoate rights thereto, and any dividends paid or distributions made with respect thereto may not be sold, pledged, subjected to a lien or judgment execution, assigned in present or future, or otherwise alienated: Provided, That such limitation shall not apply to transfers of stock pursuant to a court decree of separation, divorce or child support.

(2) Upon the death of any stockholder, ownership of such stock shall be transferred in accordance with his last will and testament or under the applicable laws of intestacy, except that (A) during the twenty-year period after December 18, 1971, such stock shall carry voting rights only if the holder thereof through inheritance also is a Native, and (B), in the event the deceased stockholder fails to dispose of his stock by will and has no heirs under the applicable laws of intestacy, such stock shall escheat to the Regional Corporation.

(3) On January 1 of the twenty-first year after the year in which this chapter is enacted, all stock previously issued shall be deemed to be canceled, and shares of stock of the appropriate class shall be issued without restrictions required by this chapter to each stockholder share for share.

(i) Certain natural resource revenues; distribution among twelve Regional Corporations; computation of amount; subsection inapplicable to thirteenth Regional Corporation.

Seventy per centum of all revenues received by each Regional Corporation from the timber resources and subsurface estate patented to it pursuant to this chapter shall be divided annually by the Regional Corporation among all twelve Regional Corporations organized pursuant to this section according to the number of Natives enrolled in each region pursuant to section 1604 of this title. The provisions of this subsection shall not apply to the thirteenth Regional Corporation if organized pursuant to subsection (c) hereof.

(j) Corporate funds and other net income, distribution among: stockholders of Regional Corporations; Village Corporations and nonresident stockholders; and stockholders of thirteenth Regional Corporation.

During the five years following December 18, 1971, not less than 10% of all corporate funds received by each of the twelve Regional Corporations under section 1605 of this title (Alaska Native Fund), and under subsection (i) of this section (revenues from the timber resources and subsurface estate patented to it pursuant to this chapter), and all other net income, shall be distributed among the stockholders of the twelve Regional Corporations. Not less than 45% of funds from such sources during the first fiveyear period, and 50% thereafter, shall be distributed among the Village Corporations in the region and the class of stockholders who are not residents of those villages, as provided in subsection' to it. In the case of the thirteenth Regional Corporation, if organized, not less than 50% of all corporate funds received under section 1605 of this title shall be distributed to the stockholders.

(k) Distributions among Village Corporation; computation of amount.

Funds distributed among the Village Corporations shall be divided among them according to the ratio that the number of shares of stock registered on the books of the Regional Corporation in the names of residents of each village bears to the number of shares of stock registered in the names of residents in all villages.

1 So in original.

(1) Distributions to Village Corporations; village plan: withholding funds until submission of plan for use of money; joint ventures and joint financing of projects; disagreements, arbitration of issues as provided in articles of Regional Corporation.

Funds distributed to a Village Corporation may be withheld until the village has submitted a plan for the use of the money that is satisfactory to the Regional Corporation. The Regional Corporation may require a village plan to provide for joint ventures with other villages, and for joint financing of projects undertaken by the Regional Corporation that will benefit the region generally. In the event of disagreement over the provisions of the plan, the issues in disagreement shall be submitted to arbitration, as shall be provided for in the articles of incorporation of the Regional Corporation.

(m) Distributions among Village Corporations in a region; computation of dividends for nonresidents of village; financing regional projects with equitably withheld dividends and Village Corporation funds.

When funds are distributed among Village Corporations in a region, an amount computed as follows shall be distributed as dividends to the class of stockholders who are not residents of those villages: The amount distributed as dividends shall bear the same ratio to the amount distributed among the Village Corporations that the number of shares of stock registered on the books of the Regional Corporation in the names of nonresidents of villages bears to the number of shares of stock registered in the names of village residents: Provided, That an equitable portion of the amount distributed as dividends may be withheld and combined with Village Corporation funds to finance projects that will benefit the region generally.

(n) Projects for Village Corporations.

The Regional Corporation may undertake on behalf of one or more of the Village Corporations in the region any project authorized and financed by them.

(0) Annual audit; place; availability of papers, things, or property to auditors to facilitate audits; verification of transactions; report to stockholders, Secretary, and Congressional committees. The accounts of the Regional Corporation shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants, certified or licensed by a regulatory authority of the State or the United States. The audits shall be conducted at the place or places where the accounts of the Regional Corporation are normally kept. All books, accounts, financial records, reports, files, and other papers, things, or property belonging to or in use by the Regional Corporation and necessary to facilitate the audits shall be available to the person or persons conducting the audits; and full facilities for verifying transactions with the balances or securities held by depositories, fiscal agent, and custodians shall be afforded to such person or persons. Each audit report or a fair and reasonably detailed summary thereof shall be transmitted to each stockholder, to the Secretary of the

Interior and to the Committees on Interior and Insular Affairs of the Senate and the House of Representatives.

(p) Federal-State conflict of laws.

In the event of any conflict between the provisions of this section and the laws of the State of Alaska, the provisions of this section shall prevail.

(q) Business management group; investment services contracts.

Two or more Regional Corporations may contract with the same business management group for investment services and advice regarding the investment of corporate funds. (Pub. L. 92-203, § 7, Dec. 18, 1971, 85 Stat. 691.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1604, 1605, 1607, 1618 of this title; title 42 section 1382b.

§ 1607. Village Corporations.

(a) Organization of Corporation prerequisite to receipt of patent to lands or benefits under chapter. The Native residents of each Native village entitled to receive lands and benefits under this chapter shall organize as a business for profit or nonprofit corporation under the laws of the State before the Native village may receive patent to lands or benefits under this chapter, except as otherwise provided.

(b) Regional Corporation: approval of initial articles; review and approval of amendments to articles and annual budgets; assistance in preparation of articles and other documents. The initial articles of incorporation for each Village Corporation shall be subject to the approval of the Regional Corporation for the region in which the village is located. Amendments to the articles of incorporation and the annual budgets of the Village Corporations shall, for a period of five years, be subject to review and approval by the Regional Corporation. The Regional Corporation shall assist and advise Native villages in the preparation of articles of incorporation and other documents necessary to meet the requirements of this subsection. (c) Regional Corporation stock alienation, annual audit, and transfer of stock ownership on death or by court decree: provisions applicable to Village Corporations; permissive transmittal of audits to congressional committees.

The provisions concerning stock alienation, annual audit, and transfer of stock ownership on death or by court decree provided for Regional Corporations in section 1606 of this title shall apply to Village Corporations except that audits need not be transmitted to the Committees on Interior and Insular Affairs of the Senate and the House of Representatives. (Pub. L. 92-203, § 8, Dec. 18, 1971, 85 Stat. 694.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42 section 1382b. § 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.

(b) Interim payments into Alaska Native Fund based on percentage of gross value of produced or removed materials 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 subsecsections (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, § 9, Dec. 18, 1971, 85 Stat. 694, amended Pub. L. 93-153, title IV, § 407 (b), Nov. 16, 1973, 87 Stat. 591.)

REFERENCES IN TEXT

Mineral Leasing Act of 1920, referred to in subsec. (a). is classified to chapter 3A (section 181 et seq.) of Title 30, Mineral Lands and Mining.

Section 6(g) and 6(h) of the Alaska Statehood Act, referred to in subsec. (b), and Alaska Statehood Act, referred to in subsecs. (c) and (d), are set out in note preceding section 21 of Title 48, Territories and Insular Possessions.

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 under this section.

AMENDMENTS

1973-Subsec. (g). Pub. L. 93-153 added 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 provided that: "In view of the delay in construction of a pipeline to transport North Slope crude oil, the sum of $5,000,000 is authorized to be appropriated from the United States Treasury into 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 the revenues to be paid under section 9 of the Alaska Native Claims Settlement Act [this section], until such time as the delivery of North Slope crude oil to a pipeline is commenced." SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1605 of this title.

§ 1609. Limitation of actions.

(a) Complaint, time for filing; jurisdiction; commencement by State official; certainty and finality of vested rights, titles, and interests. Notwithstanding any other provision of law, any civil action to contest the authority of the United States to legislate on the subject matter or the legality of this chapter shall be barred unless the complaint is filed within one year of December 18, 1971, and no such action shall be entertained unless it is commenced by a duly authorized official of the State. Exclusive jurisdiction over such action is hereby vested in the United States District Court for the District of Alaska. The purpose of this limitation on suits is to insure that, after the expiration of a reasonable period of time, the right, title, and interest of the United States, the Natives, and the State of Alaska will vest with certainty and finality and may be relied upon by all other persons in their relations with the State, the Natives, and the United States. (b) Land selection: suspension and extension of rights.

In the event that the State initiates litigation or voluntarily becomes a party to litigation to contest the auhority of the United States to legislate on the subject matter or the legality of this chapter, all rights of land selection granted to the State by the Alaska Statehood Act shall be suspended as to any public lands which are determined by the Secretary to be potentially valuable for mineral development, timber, or other commercial purposes, and no selections shall be made, no tentative approval shall be granted, and no patents shall be issued for such lands during the pendency of such litigation. In the event of such suspension, the State's right of land selection pursuant to section 6 of the Alaska Statehood Act shall be extended for a period of time equal to the period of time the selection right was suspended. (Pub. L. 92-203, § 10, Dec. 18, 1971, 85 Stat. 696.)

REFERENCES IN TEXT

Alaska Statehood Act and section 6 of the Alaska Statehood Act, referred to in subsec. (b), are set out in note preceding section 21 of Title 48, Territories and Insular Possessions.

§ 1610. Withdrawal of public lands.

(a) Description of withdrawn public lands; exceptions; National Wildlife Refuge lands exception; time of withdrawal.

(1) The following public lands are withdrawn, subject to valid existing rights, from all forms of appropriation under the public land laws, including the mining and mineral leasing laws, and from selection under the Alaska Statehood Act, as amended:

(A) The lands in each township that encloses all or part of any Native village identified pursuant to subsection (b) of this section;

(B) The lands in each township that is contiguous to or corners on the township that encloses all or part of such Native village; and

(C) The lands in each township that is contiguous to or corners on a township containing lands withdrawn by paragraph (B) of this subsection.

The following lands are excepted from such withdrawal: lands in the National Park System and lands withdrawn or reserved for national defense purposes other than Naval Petroleum Reserve Numbered 4.

(2) All lands located within the townships described in subsection (a) (1) hereof that have been selected by, or tentatively approved to, but not yet patented to, the State under the Alaska Statehood Act are withdrawn, subject to valid existing rights, from all forms of apropriation under the public land laws, including the mining and mineral leasing laws, and from the creation of third party interests by the State under the Alaska Statehood Act.

(3) (A) If the Secretary determines that the lands withdrawn by subsections (a) (1) and (2) hereof are insufficient to permit a Village or Regional Corporation to select the acreage it is entitled to select, the Secretary shall withdraw three times the deficiency from the nearest unreserved, vacant and unappropriated public lands. In making this withdrawal the Secretary shall, insofar as possible, withdraw public lands of a character similar to those on which the village is located and in order of their proximity to the center of the Native village: Provided, That if the Secretary, pursuant to section 1616, and 1621(e) of this title determines there is a need to expand the boundaries of a National Wildlife Refuge to replace any acreage selected in the Wildlife Refuge System by the Village Corporation the withdrawal under this section shall not include lands in the Refuge.

(B) The Secretary shall make the withdrawal provided for in subsection (3) (A) hereof on the basis of the best available information within sixty days of December 18, 1971, or as soon thereafter as practicable.

(b) List of Native villages subject to chapter; review; eligibility for benefits; expiration of withdrawals for villages; alternative eligibility; eligibility of unlisted villages.

(1) The Native villages subject to this chapter are as follows:

NAME OF PLACE AND REGION

Afognak, Afognak Island.

Akhiok, Kodiak.

Akiachak, Southwest Coastal Lowland.

Holy Cross, Koyukuk-Lower Yukon.

NAME OF PLACE AND REGION-continued Akiak, Southwest Coastal Lowland. Akutan, Aleutian.

Alakanuk, Southwest Coastal Lowland.
Alatna, Koyukuk-Lower Yukon.
Aleknagik, Bristol Bay.

Allakaket, Koyukuk-Lower Yukon.
Ambler, Bering Strait.

Anaktuvuk, Pass, Arctic Slope.

Andreafsey, Southwest Coastal Lowland. Aniak, Southwest Coastal Lowland. Anvik, Koyukuk-Lower Yukon.

Arctic Village, Upper Yukon-Porcupine. Atka, Aleutian.

Atkassok, Arctic Slope.

Atmautluak, Southwest Coastal Lowland.

Barrow, Arctic Slope.

Beaver, Upper Yukon-Porcupine.
Belkofsky, Aleutian.

Bethel, Southwest Coastal Lowland.

Bill Moore's, Southwest Coastal Lowland.
Biorka, Aleutian.

Birch Creek, Upper Yukon-Porcupine.
Brevig Mission, Bering Strait.
Buckland, Bering Strait.

Candle, Bering Strait.

Cantwell, Tanana.

Canyon Village, Upper Yukon-Porcupine. Chalkyitsik, Upper Yukon-Porcupine. Chanilut, Southwest Coastal Lowland. Cherfornak, Southwest Coastal Lowland. Chevak, Southwest Coastal Lowland. Chignik, Kodiak.

Chignik Lagoon, Kodiak.

Chignik Lake, Kodiak.

Chistochina, Copper River.

Chitina, Copper River.

Chukwuktoligamute, Southwest Coastal Low

land.

Circle, Upper Yukon-Porcupine.

Clark's Point, Bristol Bay.

Copper Center, Copper River.

Crooked Creek, Upper Kuskokwim.

Deering, Bering Strait.

Dillingham, Bristol Bay.

Dot Lake, Tanana.

Eagle, Upper Yukon-Porcupine.

Eek, Southwest Coastal Lowland.

Egegik, Bristol Bay.

Eklutna, Cook Inlet.

Ekuk, Bristol Bay.

Ekwok, Bristol Bay.

Elim, Bering Strait.

Emmonak, Southwest Coastal Lowland.

English Bay, Cook Inlet.

False Pass, Aleutian.

Fort Yukon, Upper Yukon-Porcupine.

Gakona, Copper River.

Galena, Koyukuk-Lower Yukon.

Gambell, Bering Sea.

Georgetown, Upper Kuskokwim.

Golovin, Bering Strait.

Goodnews Bay, Southwest Coastal Lowland.

Grayling, Koyukuk-Lower Yukon.

Gulkana, Copper River.

Hamilton, Southwest Coastal Lowland.

Hooper Bay, Southwest Coastal Lowland.

Hughes, Koyukuk-Lower Yukon.

Huslia, Koyukuk-Lower Yukon.

Igiugig, Bristol Bay.

Iliamna, Cook Inlet.

Inalik, Bering Strait.

Ivanof Bay, Aleutian.
Kaguyak, Kodiak.

Katovik, Arctic Slope.

Kalskag, Southwest Coastal Lowland.
Kaltag, Koyukuk-Lower Yukon.
Karluk, Kodiak.

Kasigluk, Southwest Coastal Lowland.

Kiana, Bering Strait.

King Cove, Aleutian.

Kipnuk, Southeast Coastal Lowland.
Kivalina, Bering Strait.

Kobuk, Bering Strait.
Kokhanok, Bristol Bay.

Koliganek, Bristol Bay.

Kongiganak, Southwest Coastal Lowland.

Kotlik, Southwest Coastal Lowland.

Kotzebue, Bering Strait.

Koyuk, Bering Strait.

Koyukuk, Koyukuk-Lower Yukon.

Kwethluk, Southwest Coastal Lowland.

Kwigillingok, Southwest Coastal Lowland.

Larsen Bay, Kodiak.

Levelock, Bristol Bay.

Lime Village, Upper Kuskokwim.

Lower Kalskag, Southwest Coastal Lowland.

McGrath, Upper Kuskokwim.

Makok, Koyukuk-Lower Yukon.

Manley Hot Springs, Tanana.

Manokotak, Bristol Bay.

Marshall, Southwest Coastal Lowland.

Mary's Igloo, Bering Strait.

Medfra, Upper Kuskokwim.

Mekoryuk, Southwest Coastal Lowland.

Mentasta Lake, Copper River.

Minchumina Lake, Upper Kuskokwim.

Minto, Tanana.

Mountain Village, Southwest Coastal Lowland.

Nabesna Village, Tranana.

Naknek, Bristol Bay.

Napaimute, Upper Kuskokwim.

Napakiak, Southwest Coastal Lowland.

Napaskiak, Southwest Coastal Lowland.

Nelson Lagoon, Aleutian.

Nenana, Tanana.

Newhalen, Cook Inlet.

New Stuyahok, Bristol Bay.

Newtok, Southwest Coastal Lowland.

Nightmute, Southwest Coastal Lowland.

Nikolai, Upper Kuskokwim.

Nikolski, Aleutian.

Ninilchik, Cook Inlet.

Noatak, Bering Strait.

Nome, Bering Strait.
Nondalton, Cook Inlet.
Nooiksut, Arctic Slope.

Noorvik, Bering Strait.

Northeast Cape, Bering Sea.

Northway, Tanana.

Nulato, Koyukuk-Lower Yukon.