§ 1601. Congressional findings and declaration of
policy
Congress finds and declares that—
(a) there is an immediate need for a fair and
just settlement of all claims by Natives and
Native groups of Alaska, based on aboriginal
land claims;
(b) the settlement should be accomplished
rapidly, with certainty, in conformity with
the real economic and social needs of Natives,
without litigation, with maximum participa-
tion by Natives in decisions affecting their
rights and property, without establishing any
permanent
racially
defined
institutions,
rights, privileges, or obligations, without cre-
ating a reservation system or lengthy ward-
ship or trusteeship, and without adding to the
categories of property and institutions enjoy-
ing special tax privileges or to the legislation
establishing special relationships between the
United States Government and the State of
Alaska;
(c) no provision of this chapter shall replace
or diminish any right, privilege, or obligation
of Natives as citizens of the United States or
of Alaska, or relieve, replace, or diminish any
obligation of the United States or of the State
or 1 Alaska to protect and promote the rights
or welfare of Natives as citizens of the United
Page 435
TITLE 43—PUBLIC LANDS
§ 1601
States or of Alaska; the Secretary is author-
ized and directed, together with other appro-
priate agencies of the United States Govern-
ment, to make a study of all Federal programs
primarily designed to benefit Native people
and to report back to the Congress with his
recommendations for the future management
and operation of these programs within three
years of December 18, 1971;
(d) no provision of this chapter shall con-
stitute a precedent for reopening, renegoti-
ating, or legislating upon any past se
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Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_e4b7ad2fb13d5d94e1b1d100 Source file: Laws/federal/codes/united-states-code-2024/title-43/section-1601-congressional-findings-and-declaration-of--b48f1ea54c.md Pages: Not recorded – Not recorded Passage SHA-256: b2e8ae4a07cf5313d0a94b1b532a2426642dbe86f2680b47dc9df7d378dfadb9 Retained source evidence SHA-256: e52ec1dadcdde7895047a1037ea4c9f97fa95314d927b53c2018b845263819a5
Page 434
TITLE 43—PUBLIC LANDS
§ 1600l
1 So in original. Probably should be ‘‘of’’.
§ 1600l. Authorization of appropriations
There is authorized to be appropriated to the
Department of the Interior $600,000, through the
end of fiscal year 1990, in addition to any other
funds now available to the Department to dis-
charge its duties to implement sections 1600b to
1600k of this title and section 4029 of title 42:
Provided, That by mutual agreement, such funds
shall be made available to the Federal Emer-
gency Management Agency to discharge its du-
ties under section 4029 of title 42: Provided fur-
ther, That the provisions of sections 1600d and
1600e of this title shall not be affected by this
section: And Provided further, in addition, Indian
tribes may be eligible under Public Law 93–638
[25 U.S.C. 5301 et seq.] to contract for studies of
Indian lands required under the provisions of
this chapter.
(Pub. L. 99–450, § 15, Oct. 8, 1986, 100 Stat. 1136.)
Editorial Notes
REFERENCES IN TEXT
Public Law 93–638, referred to in text, is Pub. L.
93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian
Self-Determination and Education Assistance Act,
which is classified principally to chapter 46 (§ 5301 et
seq.) of Title 25, Indians. For complete classification of
this Act to the Code, see Short Title note set out under
section 5301 of Title 25 and Tables.
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, com-
ponents, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emer-
gency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and li-
abilities of the Federal Emergency Management Agen-
cy, including the functions of the Director of the Fed-
eral Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treat-
ment of related references, see former section 313(1) and
sections 551(d), 552(d), and 557 of Title 6, Domestic Secu-
rity, and the Department of Homeland Security Reor-
ganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
CHAPTER 33—ALASKA NATIVE CLAIMS
SETTLEMENT
Sec.
1601.
Congressional findings and declaration of pol-
icy.
1602.
Definitions.
1603.
Declaration of settlement.
1604.
Enrollment.
1605.
Alaska Native Fund.
1606.
Regional Corporations.
1607.
Village Corporations.
1608.
Revenue sharing.
1609.
Limitation of actions.
1610.
Withdrawal of public lands.
1611.
Native land selections.
1612.
Surveys.
1613.
Conveyance of lands.
1613a.
ANCSA amendment.
1614.
Timber sale contracts; modification; timber
from contingency area.
1615.
Withdrawal and selection of public lands;
funds in lieu of acreage.
Sec.
1616.
Joint Federal-State Land Use Planning Com-
mission for Alaska.
1617.
Revocation of Indian allotment authority in
Alaska.
1618.
Revocation of reserved rights; excepted re-
serve; acquisition of title to surface and
subsurface estates in reserve; election of
Village Corporations; restoration of land to
Elim Native Corporation.
1619.
Attorney and consultant fees.
1620.
Taxation.
1621.
Miscellaneous provisions.
1622.
Annual reports to Congress until 1984; sub-
mission in 1985 of report of status of Na-
tives, summary of actions taken, and rec-
ommendations.
1623.
Authorization of appropriations.
1624.
Regulations; issuance; publication in Federal
Register.
1625.
Securities laws exemption.
1626.
Relation to other programs.
1627.
Merger of Native corporations.
1628.
Assignments by Regional Corporations of
rights to receive payments from Fund.
1629.
Cape Krusenstern National Monument land
exchange between United States and NANA
Regional Corporation, Inc.
1629a.
Relinquishment by NANA Regional Corpora-
tion, Inc., of lands compact and contiguous
to public lands in Cape Krusenstern Na-
tional Monument.
1629b.
Procedures for considering amendments and
resolutions.
1629c.
Duration of alienability restrictions.
1629d.
Dissenters rights.
1629e.
Settlement Trust option.
1629f.
Claims arising from contamination of trans-
ferred lands.
1629g.
Open season for certain Alaska Native vet-
erans for allotments.
1629g–1.
Alaska Native Vietnam era veterans land al-
lotment.
1629h.
Kake Tribal Corporation land transfer.
§ 1601. Congressional findings and declaration of
policy
Congress finds and declares that—
(a) there is an immediate need for a fair and
just settlement of all claims by Natives and
Native groups of Alaska, based on aboriginal
land claims;
(b) the settlement should be accomplished
rapidly, with certainty, in conformity with
the real economic and social needs of Natives,
without litigation, with maximum participa-
tion by Natives in decisions affecting their
rights and property, without establishing any
permanent
racially
defined
institutions,
rights, privileges, or obligations, without cre-
ating a reservation system or lengthy ward-
ship or trusteeship, and without adding to the
categories of property and institutions enjoy-
ing special tax privileges or to the legislation
establishing special relationships between the
United States Government and the State of
Alaska;
(c) no provision of this chapter shall replace
or diminish any right, privilege, or obligation
of Natives as citizens of the United States or
of Alaska, or relieve, replace, or diminish any
obligation of the United States or of the State
or 1 Alaska to protect and promote the rights
or welfare of Natives as citizens of the United
Page 435
TITLE 43—PUBLIC LANDS
§ 1601
States or of Alaska; the Secretary is author-
ized and directed, together with other appro-
priate agencies of the United States Govern-
ment, to make a study of all Federal programs
primarily designed to benefit Native people
and to report back to the Congress with his
recommendations for the future management
and operation of these programs within three
years of December 18, 1971;
(d) no provision of this chapter shall con-
stitute a precedent for reopening, renegoti-
ating, or legislating upon any past settlement
involving land claims or other matters with
any Native organizations, or any tribe, band,
or identifiable group of American Indians;
(e) no provision of this chapter shall effect a
change or changes in the petroleum reserve
policy reflected in sections 8721 through 8738 of
title 10 except as specifically provided in this
chapter;
(f) no provision of this chapter shall be con-
strued to constitute a jurisdictional act, to
confer jurisdiction to sue, nor to grant implied
consent to Natives to sue the United States or
any of its officers with respect to the claims
extinguished by the operation of this chapter;
and
(g) no provision of this chapter shall be con-
strued to terminate or otherwise curtail the
activities of the Economic Development Ad-
ministration or other Federal agencies con-
ducting loan or loan and grant programs in
Alaska. For this purpose only, the terms ‘‘In-
dian reservation’’ and ‘‘trust or restricted In-
dian-owned land areas’’ in Public Law 89–136,
the Public Works and Economic Development
Act of 1965, as amended [42 U.S.C. 3121 et seq.],
shall be interpreted to include lands granted
to Natives under this chapter as long as such
lands remain in the ownership of the Native
villages or the Regional Corporations.
(Pub. L. 92–203, § 2, Dec. 18, 1971, 85 Stat. 688; Pub.
L. 115–232, div. A, title VIII, § 809(p), Aug. 13, 2018,
132 Stat. 1844.)
Editorial Notes
REFERENCES IN TEXT
The Public Works and Economic Development Act of
1965, referred to in subsec. (g), is Pub. L. 89–136, Aug. 26,
1965, 79 Stat. 552, which is classified generally to chap-
ter 38 (§ 3121 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 3121 of
Title 42 and Tables.
AMENDMENTS
2018—Subsec. (e). Pub. L. 115–232 substituted ‘‘sec-
tions 8721 through 8738 of title 10’’ for ‘‘sections 7421
through 7438 of title 10’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–232 effective Feb. 1, 2019,
with provision for the coordination of amendments and
special rule for certain redesignations, see section 800
of Pub. L. 115–232, set out as a note preceding section
3001 of Title 10, Armed Forces.
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108–452, § 1(a), Dec. 10, 2004, 118 Stat. 3575, pro-
vided that: ‘‘This Act [amending sections 1611, 1613,
1617, 1621, 1629g, and 1635 of this title, enacting provi-
sions set out as notes under sections 852, 1602, 1611, 1617,
and 1635 of this title, and amending provisions set out
as notes under section 852 of this title and preceding
section 21 of Title 48, Territories and Insular Posses-
sions] may be cited as the ‘Alaska Land Transfer Accel-
eration Act’.’’
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106–283, § 1, Oct. 6, 2000, 114 Stat. 867, provided
that: ‘‘This Act [enacting section 1629h of this title and
provisions set out as a note under section 1629h of this
title] may be cited as the ‘Kake Tribal Corporation
Land Transfer Act’.’’
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105–333, § 14, Oct. 31, 1998, 112 Stat. 3136, pro-
vided that: ‘‘This Act [amending sections 1606, 1611,
1621, 1626, 1629e, 1634, and 1636 of this title and section
3197 of Title 16, Conservation, and enacting provisions
set out as a note under section 3198 of Title 16] may be
cited as the ‘ANCSA Land Bank Protection Act of
1998’.’’
SHORT TITLE OF 1992 AMENDMENT
Pub. L. 102–415, § 1, Oct. 14, 1992, 106 Stat. 2112, pro-
vided that: ‘‘This Act [amending sections 1606, 1617,
1620, 1621, 1626, and 1634 of this title and section 3198 of
Title 16, Conservation, and enacting provisions set out
as notes under section 852 of this title and section 539
of Title 16] may be cited as the ‘Alaska Land Status
Technical Corrections Act of 1992’.’’
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100–241, § 1(a), Feb. 3, 1988, 101 Stat. 1788, pro-
vided that: ‘‘This Act [enacting sections 1629b to 1629e
of this title, amending sections 1602, 1606, 1607, 1620, 1625
to 1627, and 1636 of this title, section 78m of Title 15,
Commerce and Trade, and section 1702 of Title 30, Min-
eral Lands and Mining, and enacting provisions set out
as notes under this section and under section 1702 of
Title 30] may be cited as the ‘Alaska Native Claims
Settlement Act Amendments of 1987’.’’
SHORT TITLE
Pub. L. 92–203, § 1, Dec. 18, 1971, 85 Stat. 688, provided:
‘‘That this Act [enacting this chapter] may be cited as
the ‘Alaska Native Claims Settlement Act’.’’
SAVINGS PROVISION
Provisions of Federal Land Policy and Management
Act of 1976, Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743,
not to be construed as modifying, etc., any provision of
this chapter, see section 701 of Pub. L. 94–579, set out as
a note under section 1701 of this title.
Pub. L. 92–203, § 26, Dec. 18, 1971, 85 Stat. 715, provided
that: ‘‘To the extent that there is a conflict between
any provision of this Act [enacting this chapter] and
any other Federal laws applicable to Alaska, the provi-
sions of this Act shall govern.’’
SEVERABILITY
Pub. L. 92–203, § 27, Dec. 18, 1971, 85 Stat. 716, as
amended by Pub. L. 100–241, § 13, Feb. 3, 1988, 101 Stat.
1810, provided that: ‘‘The provisions of this Act, as
amended [enacting this chapter], and the Alaska Native
Claims Settlement Act Amendments of 1987 [Pub. L.
100–241, see Short Title of 1988 Amendment note above]
are severable. If any provision of either Act is deter-
mined by a court of competent jurisdiction to be in-
valid, such invalidity shall not affect the validity of
any other provision of either Act.’’
CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY
Pub. L. 100–241, § 2, Feb. 3, 1988, 101 Stat. 1788, provided
that: ‘‘The Congress finds and declares that—
‘‘(1) the Alaska Native Claims Settlement Act [this
chapter] was enacted in 1971 to achieve a fair and just
Page 436
TITLE 43—PUBLIC LANDS
§ 1602
settlement of all aboriginal land and hunting and
fishing claims by Natives and Native groups of Alas-
ka with maximum participation by Natives in deci-
sions affecting their rights and property;
‘‘(2) the settlement enabled Natives to participate
in the subsequent expansion of Alaska’s economy, en-
couraged efforts to address serious health and welfare
problems in Native villages, and sparked a resurgence
of interest in the cultural heritage of the Native peo-
ples of Alaska;
‘‘(3) despite these achievements and Congress’s de-
sire that the settlement be accomplished rapidly
without litigation and in conformity with the real
economic and social needs of Natives, the complexity
of the land conveyance process and frequent and cost-
ly litigation have delayed implementation of the set-
tlement and diminished its value;
‘‘(4) Natives have differing opinions as to whether
the Native Corporation, as originally structured by
the Alaska Native Claims Settlement Act, is well
adapted to the reality of life in Native villages and to
the continuation of traditional Native cultural val-
ues;
‘‘(5) to ensure the continued success of the settle-
ment and to guarantee Natives continued participa-
tion in decisions affecting their rights and property,
the Alaska Native Claims Settlement Act must be
amended to enable the shareholders of each Native
Corporation to structure the further implementation
of the settlement in light of their particular cir-
cumstances and needs;
‘‘(6) among other things, the shareholders of each
Native Corporation must be permitted to decide—
‘‘(A) when restrictions on alienation of stock
issued as part of the settlement should be termi-
nated, and
‘‘(B) whether Natives born after December 18,
1971, should participate in the settlement;
‘‘(7) by granting the shareholders of each Native
Corporation options to structure the further imple-
mentation of the settlement, Congress is not express-
ing an opinion on the manner in which such share-
holders choose to balance individual rights and com-
munal rights;
‘‘(8) no provision of this Act [see Short Title of 1988
Amendment note above] shall—
‘‘(A) unless specifically provided, constitute a re-
peal or modification, implied or otherwise, of any
provision of the Alaska Native Claims Settlement
Act; or
‘‘(B) confer on, or deny to, any Native organiza-
tion any degree of sovereign governmental author-
ity over lands (including management, or regula-
tion of the taking, of fish and wildlife) or persons in
Alaska; and
‘‘(9) the Alaska Native Claims Settlement Act and
this Act are Indian legislation enacted by Congress
pursuant to its plenary authority under the Constitu-
tion of the United States to regulate Indian affairs.’’
JUDICIAL REVIEW
Pub. L. 100–241, § 16, Feb. 3, 1988, 101 Stat. 1813, pro-
vided that:
‘‘(a) STATUTE
OF LIMITATIONS.—(1) Notwithstanding
any other provision of law, a civil action that chal-
lenges the constitutionality of an amendment made by,
or other provision of this Act (the Alaska Native
Claims Settlement Act Amendments of 1987) [see Short
Title of 1988 Amendment note above] shall be barred
unless filed within the periods specified in this sub-
section.
‘‘(2) If a civil action described in paragraph (1) chal-
lenges—
‘‘(A) the issuance or distribution of Settlement
Common Stock for less than fair market value con-
sideration
pursuant
to
section
7(g)(1)(B)
or
7(g)(2)(C)(ii) of the Alaska Native Claims Settlement
Act [43 U.S.C. 1606(g)(1)(B), (2)(C)(ii)]; or
‘‘(B) an extension of alienability restrictions that
involves the issuance of stock pursuant to sub-
sections [sic] (c) or (d) of section 37 of such Act [43
U.S.C. 1629c(c), (d)]; or
‘‘(C) the denial of dissenters rights after the rejec-
tion of an amendment to terminate alienability re-
strictions pursuant to section 37(b) of such Act;
such civil action shall be barred unless it is filed within
one year after the date of the shareholder vote author-
izing such issuance or distribution, extension of restric-
tions, or denial of right, and unless a request for a de-
claratory judgment or injunctive relief is made before
stock is issued or distributed.
‘‘(3) Any other civil action described in paragraph (1)
shall be barred unless it is filed within two years of the
date of the enactment of this Act [Feb. 3, 1988].
‘‘(4) No Native Corporation taking an action de-
scribed in paragraph (2)(A), (2)(B), or (2)(C) shall issue
or distribute stock sooner than fourteen days after the
date of the shareholder vote authorizing such action.
‘‘(b) JURISDICTION
AND PROCEDURE.—(1) The United
States District Court for the District of Alaska shall
have exclusive original jurisdiction over a civil action
described in subsection (a)(1). The action shall be heard
and determined by a court of three judges as provided
in section 2284 of title 28 of the United States Code. An
appeal of the final judgment of such court shall be
made directly to the United States Supreme Court.
‘‘(2) No money judgment shall be entered against the
United States in a civil action subject to this section.
‘‘(c) STATEMENT OF PURPOSE.—The purpose of the lim-
itation on civil actions established by this section is—
‘‘(1) to ensure that after the expiration of a reason-
able period of time, Native Shareholders, Native Cor-
porations, the United States, and the State of Alaska
and its political subdivisions will be able to plan
their affairs with certainty in full reliance on the
provisions of this Act, and
‘‘(2) to eliminate the possibility that the United
States will incur a monetary liability as a result of
the enactment of this Act.’’
DISCLAIMER
Pub. L. 100–241, § 17, Feb. 3, 1988, 101 Stat. 1814, pro-
vided that:
‘‘(a) No provision of this Act (the Alaska Native
Claims Settlement Act Amendments of 1987) [see Short
Title of 1988 Amendment note above], exercise of au-
thority pursuant to this Act, or change made by, or
pursuant to, this Act in the status of land shall be con-
strued to validate or invalidate or in any way affect—
‘‘(1) any assertion that a Native organization (in-
cluding a federally recognized tribe, traditional Na-
tive council, or Native council organized pursuant to
the Act of June 18, 1934 (48 Stat. 987), as amended [25
U.S.C. 5101 et seq.]) has or does not have govern-
mental authority over lands (including management
of, or regulation of the taking of, fish and wildlife) or
persons within the boundaries of the State of Alaska,
or
‘‘(2) any assertion that Indian country (as defined
by 18 U.S.C. 1151 or any other authority) exists or
does not exist within the boundaries of the State of
Alaska.
‘‘(b) Nothing in the Alaska Native Claims Settlement
Act Amendments of 1987 (or any amendment made
thereby) shall be construed—
‘‘(1) to diminish or enlarge the ability of the Fed-
eral Government to assess, collect, or otherwise en-
force any Federal tax, or
‘‘(2) to affect, for Federal tax purposes, the valu-
ation of any stock issued by a Native Corporation.’’
§ 1602. Definitions
For the purposes of this chapter, the term—
(a) ‘‘Secretary’’ means the Secretary of the In-
terior;
(b) ‘‘Native’’ means a citizen of the United
States who is a person of one-fourth degree or
more Alaska Indian (including Tsimshian Indi-
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided in sections 1154 and 1156 of this title, the term “Indian country”, as used in this chapter, means (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.
Stored review status: release_metadata_unconfirmed. The source passage cites 18 U.S.C. § 1151. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1151. Indian country defined
Except as otherwise provided in sections 1154
and 1156 of this title, the term ‘‘Indian country’’,
as used in this chapter, means (a) all land within
the limits of any Indian reservation under the
jurisdiction of the United States Government,
notwithstanding the issuance of any patent,
and, including rights-of-way running through
the reservation, (b) all dependent Indian com-
munities within the borders of the United States
whether within the original or subsequently ac-
quired territory thereof, and whether within or
without the limits of a state, and (c) all Indian
allotments, the Indian titles to which have not
been extinguished, including rights-of-way run-
ning through the same.
(June 25, 1948, ch. 645, 62 Stat. 757; May 24, 1949,
ch. 139, § 25, 63 Stat. 94.)
HISTORICAL AND REVISION NOTES
1948 ACT
Based on sections 548 and 549 of title 18, and sections
212, 213, 215, 217, 218 of title 25, Indians, U.S. Code, 1940
ed. (R.S. §§ 2142, 2143, 2144, 2145, 2146; Feb. 18, 1875, ch. 80,
§ 1, 18 Stat. 318; Mar. 4, 1909, ch. 321, §§ 328, 329, 35 Stat.
1151; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; June 28,
1932, ch. 284, 47 Stat. 337).
This section consolidates numerous conflicting and
inconsistent provisions of law into a concise statement
of the applicable law.
R.S. §§ 2145, 2146 (U.S.C., title 25, §§ 217, 218) extended
to the Indian country with notable exceptions the
criminal laws of the United States applicable to places
within the exclusive jurisdiction of the United States.
Crimes of Indians against Indians, and crimes punish-
able by tribal law were excluded.
The confusion was not lessened by the cases of U.S. v.
McBratney, 104 U.S. 622 and Draper v. U.S., 17 S.Ct. 107,
holding that crimes in Indian
Stored review status: historical_2024_not_currentness_verified. The source passage cites 18 U.S.C. § 1151. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
On and after June 18, 1934, no land of any Indian reservation, created or set apart by treaty or agreement with the Indians, Act of Congress, Executive order, purchase, or otherwise, shall be allotted in severalty to any Indian.
Stored review status: release_metadata_unconfirmed. The source passage cites 25 U.S.C. § 5101. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 5101. Allotment of land on Indian reservations
On and after June 18, 1934, no land of any In-
dian reservation, created or set apart by treaty
or agreement with the Indians, Act of Congress,
Executive order, purchase, or otherwise, shall be
allotted in severalty to any Indian.
(June 18, 1934, ch. 576, § 1, 48 Stat. 984.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 461 of this
title prior to editorial reclassification and renumbering
as this section.
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108–204, § 1(a), Mar. 2, 2004, 118 Stat. 542, pro-
vided that: ‘‘This Act [amending section 5123 of this
title and former sections 640d–24 and 712e of this title
and provisions set out as notes under section 301 of
Title 7, Agriculture, section 7420 of Title 10, Armed
Forces, and section 431 of Title 16, Conservation] may
be cited as the ‘Native American Technical Corrections
Act of 2004’.’’
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103–454, title I, § 101, Nov. 2, 1994, 108 Stat.
4791, provided that: ‘‘This title [enacting sections 5130
and 5131 of this title and provisions set out as a note
under section 5130 of this title] may be cited as the
‘Federally Recognized Indian Tribe List Act of 1994’.’’
SHORT TITLE
Act June 18, 1934, ch. 576, 48 Stat. 984, which enacted
this section and sections 5102, 5103, 5107 to 5113, 5115,
5116, 5118, 5120, 5121, 5123 to 5125, and 5129 of this title,
is popularly known as the ‘‘Indian Reorganization
Act’’.
§ 5102. Existing periods of trust and restrictions
on alienation extended
The existing periods of trust placed upon any
Indian lands and any restriction on alienation
thereof are extended and continued until other-
wise directed by Congress.
(June 18,
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 5101. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter.
**(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.
Stored review status: release_metadata_unconfirmed. The source passage cites 25 U.S.C. § 5301. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 5301. Congressional statement of findings
(a) Findings respecting historical and special
legal relationship, and resultant responsibil-
ities
The Congress, after careful review of the Fed-
eral Government’s historical and special legal
relationship with, and resulting responsibilities
to, American Indian people, finds that—
(1) the prolonged Federal domination of In-
dian service programs has served to retard
rather than enhance the progress of Indian
people and their communities by depriving In-
dians of the full opportunity to develop leader-
ship skills crucial to the realization of self-
government, and has denied to the Indian peo-
ple an effective voice in the planning and im-
plementation of programs for the benefit of In-
dians which are responsive to the true needs of
Indian communities; and
(2) the Indian people will never surrender
their desire to control their relationships both
among themselves and with non-Indian gov-
ernments, organizations, and persons.
(b) Further findings
The Congress further finds that—
(1) true self-determination in any society of
people is dependent upon an educational proc-
ess which will insure the development of quali-
fied people to fulfill meaningful leadership
roles;
(2) the Federal responsibility for and assist-
ance to education of Indian children has not
Page 710
TITLE 25—INDIANS
§ 5301
effected the desired level of educational
achievement or created the diverse opportuni-
ties and personal satisfaction which education
can and should provide; and
(3) parental and community control of the
educational process is of crucial importance to
the Indian people.
(Pub. L. 93–638, § 2, Jan. 4, 1975, 88 Stat. 2203.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 450 of this
title p
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 5301. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In addition to amounts made available under [section 3231 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3231&num=0&edition=prelim), there are authorized to be appropriated such sums as are necessary to carry out [section 3149(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3149/c/1&num=0&edition=prelim), to remain available until expended.
**(b) Pilot projects** Funds made available under subsection (a) may be used for activities including pilot projects for privatization of, and economic development activities for, closed or realigned military or Department of Energy installations.
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 3121. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 3121. Findings and declarations
(a) Findings
Congress finds that—
(1) there continue to be areas of the United
States experiencing chronic high unemploy-
ment, underemployment, outmigration, and
low per capita incomes, as well as areas facing
sudden and severe economic dislocations be-
cause of structural economic changes, chang-
ing trade patterns, certain Federal actions (in-
cluding environmental requirements that re-
sult in the removal of economic activities
from a locality), and natural disasters;
(2) economic growth in the States, cities,
and rural areas of the United States is pro-
duced by expanding economic opportunities,
expanding free enterprise through trade, de-
veloping and strengthening public infrastruc-
ture, and creating a climate for job creation
and business development;
(3) the goal of Federal economic develop-
ment programs is to raise the standard of liv-
ing for all citizens and increase the wealth and
overall rate of growth of the economy by en-
couraging communities to develop a more
competitive and diversified economic base
by—
(A) creating an environment that pro-
motes economic activity by improving and
expanding public infrastructure;
(B) promoting job creation through in-
creased innovation, productivity, and entre-
preneurship; and
(C) empowering local and regional commu-
nities experiencing chronic high unemploy-
ment and low per capita income to develop
private sector business and attract increased
private sector capital investment;
(4) while economic development is an inher-
ently local process, the Federal Government
should work in partnership with public and
private State, regional, tribal, and local orga-
nizations to maximize the impact of existing
resources and enable regions, communities,
and citizens t
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 3121. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Congress finds and declares that—
**(a)** there is an immediate need for a fair and just settlement of all claims by Natives and Native groups of Alaska, based on aboriginal land claims;
**(b)** the settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives, without litigation, with maximum participation by Natives in decisions affecting their rights and property, without establishing any permanent racially defined institutions, rights, privileges, or obligations, without creating a reservation system or lengthy wardship or trusteeship, and without adding to the categories of property and institutions enjoying special tax privileges or to the legislation establishing special relationships between the United States Government and the State of Alaska;
**(c)** no provision of this chapter shall replace or diminish any right, privilege, or obligation of Natives as citizens of the United States or of Alaska, or relieve, replace, or diminish any obligation of the United States or of the State or 11 So in original. Probably should be “of”. Alaska to protect and promote the rights or welfare of Natives as citizens of the United States or of Alaska; the Secretary is authorized and directed, together with other appropriate agencies of the United States Government, to make a study of all Federal programs primarily designed to benefit Native people and to report back to the Congress with his recommendations for the future management and operation of these programs within three years of December 18, 1971;
**(d)** no provision of this chapter shall constitute a precedent for reopening, renegotiating, or legislating upon any past settlement involving land claims or other matters with any Native organizations, or any
**(a) Division of Alaska into twelve geographic regions; common heritage and common interest of region; area of region commensurate with operations of Native association; boundary disputes, arbitration** For purposes of this chapter, the State of Alaska shall be divided by the Secretary within one year after December 18, 1971, into twelve geographic regions, with each region composed as far as practicable of Natives having a common heritage and sharing common interests. In the absence of good cause shown to the contrary, such regions shall approximate the areas covered by the operations of the following existing Native associations:
(1) Arctic Slope Native Association (Barrow, Point Hope);
(2) Bering Straits Association (Seward Peninsula, Unalakleet, Saint Lawrence Island);
(3) Northwest Alaska Native Association (Kotzebue);
(4) Association of Village Council Presidents (southwest coast, all villages in the Bethel area, including all villages on the Lower Yukon River and the Lower Kuskokwim River);
(5) Tanana Chiefs’ Conference (Koyukuk, Middle and Upper Yukon Rivers, Upper Kuskokwim, Tanana River);
(6) Cook Inlet Association (Kenai, Tyonek, Eklutna, Iliamna);
(7) Bristol Bay Native Association (Dillingham, Upper Alaska Peninsula);
(8) Aleut League (Aleutian Islands, Pribilof Islands and that part of the Alaska Peninsula which is in the Aleut League);
(9) Chugach Native Association (Cordova, Tatitlek, Port Graham, English Bay, Valdez, and Seward);
(10) Tlingit-Haida Central Council (southeastern Alaska, including Metlakatla);
(11) Kodiak Area Native Association (all villages on and around Kodiak Island); and
(12) Copper River Native Association (Copper Center, Glennallen, Chitina, Mentasta).
Any dispute over the boundaries of a region or regions shall be res
Stored review status: release_metadata_unconfirmed. The source passage cites 43 U.S.C. § 1606. This identifies an authority to review, not proof of applicability.