43 U.S.C. § 1605

Alaska Native Fund

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(a) Establishment in Treasury; deposits into Fund of general fund, interest, and revenue sharing moneysThere is hereby established in the United States Treasury an Alaska Native Fund into which the following moneys shall be deposited:(1) $462,500,000 from the general fund of the Treasury, which are authorized to be appropriated according to the following schedule:(A) $12,500,000 during the fiscal year in which this chapter becomes effective;(B) $50,000,000 during the second fiscal year;(C) $70,000,000 during each of the third, fourth, and fifth fiscal years;(D) $40,000,000 during the period beginning July 1, 1976, and ending September 30, 1976; and(E) $30,000,000 during each of the next five fiscal years, for transfer to the Alaska Native Fund in the fourth quarter of each fiscal year.(2) Four percent interest per annum, which is authorized to be appropriated, on any amount authorized to be appropriated by this paragraph that is not appropriated within six months after the fiscal year in which payable.(3) $500,000,000 pursuant to the revenue sharing provisions of section 1608 of this title.(b) Prohibition of expenditures for propaganda or political campaigns; misdemeanor; penalty

None of the funds paid or distributed pursuant to this section to any of the Regional and Village Corporations established pursuant to this chapter shall be expended, donated, or otherwise used for the purpose of carrying on propaganda, or intervening in (including the publishing and distributing of statements) any political campaign on behalf of any candidate for public office. Any person who willfully violates the foregoing provision shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or imprisoned not more than twelve months, or both.

(c) Distribution of Fund moneys among organized Regional Corporations; basis as relative number of Native enrollees in each region; reserve for payment of attorney and other fees; retention of share in Fund until organization of corporation

After completion of the roll prepared pursuant to section 1604 of this title, all money in the Fund, except money reserved as provided in section 1619 of this title for the payment of attorney and other fees, shall be distributed at the end of each three months of the fiscal year among the Regional Corporations organized pursuant to section 1606 of this title on the basis of the relative numbers of Natives enrolled in each region. The share of a Regional Corporation that has not been organized shall be retained in the Fund until the Regional Corporation is organized.

(Pub. L. 92–203, § 6, Dec. 18, 1971, 85 Stat. 690; Pub. L. 94–273, § 38, Apr. 21, 1976, 90 Stat. 380.)Editorial NotesAmendments

1976—Subsec. (a)(1)(D). Pub. L. 94–273 substituted “period beginning July 1, 1976, and ending September 30, 1976; and” for “the sixth fiscal year; and”.

Subsec. (a)(1)(E). Pub. L. 94–273 inserted provision relating to transfer to the Alaska Native Fund.

Statutory Notes and Related SubsidiariesDeposits Into and Distributions From Alaska Native Fund; Time Requirements; Inclusion of Previously Earned Interest

Pub. L. 96–487, title XIV, § 1414, Dec. 2, 1980, 94 Stat. 2498, provided that:“(a) Moneys appropriated for deposit in the Alaska Native Fund for the fiscal year following the enactment of this Act [Dec. 2, 1980], shall, for the purposes of section 5 of Public Law 94–204 [set out below] only, be deposited into the Alaska Native Fund on the first day of the fiscal year for which the moneys are appropriated, and shall be distributed at the end of the first quarter of the fiscal year in accordance with section 6(c) of the Alaska Native Claims Settlement Act [subsec. (c) of this section] notwithstanding any other provision of law.“(b) For the fiscal year in which this Act is enacted [fiscal year 1981], the money appropriated shall be deposited within 10 days of enactment [Dec. 2, 1980], unless it has already been deposited in accordance with existing law, and shall be distributed no later than the end of the quarter following the quarter in which the money is deposited: Provided, That if the money is already deposited at the time of enactment of this Act, it must be distributed at the end of the quarter in which this Act is enacted.“(c) Notwithstanding section 38 of the Fiscal Year Adjustment Act [section 38 of Pub. L. 94–273, which amended this section] or any other provisions of law, interest earned from the investment of appropriations made pursuant to the Act of July 31, 1976 (Public Law 94–373; 90 Stat. 1051) [not classified to the Code], and deposited in the Alaska Native Fund on or after October 1, 1976, shall be deposited in the Alaska Native Fund within thirty days after enactment of this Act [Dec. 2, 1980] and shall be distributed as required by section 6(c) of the Alaska Native Claims Settlement Act [subsec. (c) of this section].”

Alaska Native Fund Viewed as Trust for Indian Tribes for Purposes of Interest and Investment

Pub. L. 94–204, § 5, Jan. 2, 1976, 89 Stat. 1147, provided that: “For purposes of the first section of the Act of February 12, 1929 (45 Stat. 1164), as amended [section 161a of Title 25, Indians], and the first section of the Act of June 24, 1938 (52 Stat. 1037) [section 162a of Title 25], the Alaska Native Fund shall, pending distributions under section 6(c) of the Settlement Act [subsec. (c) of this section] be considered to consist of funds held in trust by the Government of the United States for the benefit of Indian tribes: Provided, That nothing in this section shall be construed to create or terminate any trust relationship between the United States and any corporation or individual entitled to receive benefits under the Settlement Act [this chapter].”

Notes of Decisions

Cited in 25 cases (3 in the last 5 years), 1974–2024 · leading case: Akiachak Native Cmty. v. United States Dep't of the Interior, 827 F.3d 100 (D.C. Cir. 2016).

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Akiachak Native Cmty. v. United States Dep't of the Interior, 827 F.3d 100 (D.C. Cir. 2016). · cites it 2× “Congress declared that 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…”

Doyon, Ltd. v. Bristol Bay Native Corp., 569 F.2d 491 (9th Cir. 1978). · cites it 9× “43 U.S.C. § 1605 . The fund is to be parceled out in quarterly installments to the Regional Corporations according to the “relative numbers of Natives enrolled in each region.”

Yellen v. Confederated Tribes of Chehalis Reservation, 594 U.S. 338 (2021). “ANCSA, which made ANCs eligible to select tens of millions of acres of land and receive hundreds of mil- lions of tax-exempt dollars, 43 U. S. C. §§1605 , 1610, 1611, is a special program provided by the United States to “Indians,” i.”

Doyon, Ltd. v. United States, 214 F.3d 1309 (Fed. Cir. 2000). “See 43 U.S.C. §§ 1605 , 1611. Doyon, created in 1972, is one of these thirteen Native Corporations.”

United States v. Atl. Richfield Co., 435 F. Supp. 1009 (D. Alaska 1977). “43 U.S.C. § 1605 . 38 . 43 U.S.C. § 1608 .”

Akiachak Native Cmty. v. Dep't of the Interior, 584 F. Supp. 2d 1 (D.D.C. 2008). “to Intervene”) at 13 (citing 43 U.S.C. §§ 1605 , 1608,1610(a)(2)).) 3 The DOI regulations set forth in 25 C.”

Am. Fed'n of Gov't Employees v. United States, 104 F. Supp. 2d 58 (D.D.C. 2000). “§ 1606 (a)(9); Hobbs Decl. ¶ 2 (Chugach’s Opp. to PI, Ex.”

Leisnoi, Inc. v. Omar Stratman, 154 F.3d 1062 (9th Cir. 1998). “See 43 U.S.C. §§ 1605 , 1607, 1613. Much of this land was distributed in fee simple to “Regional Corporations” 1 and to “Village Corporations.”

Nenana Fuel Co. v. Native Vill. of Venetie, 834 P.2d 1229 (Alaska 1992). · cites it 2× “While these organizations have been endowed with sufficient land and other assets to ensure effective self-determination, see 43 U.S.C. §§ 1605 & 1610 (1988); 117 Cong.”

Akiachak Native Cmty. v. United States Dep't of Interior, 935 F. Supp. 2d 195 (D.D.C. 2013). “948 (citing ANCSA, §§ 6, 8, 14 (codified at 43 U.S.C. §§ 1605 , 1607, 1613)). “The ANCSA corporations received title to the transferred land in fee simple, and no federal restrictions applied to subsequent land transfers by them.”

Doyon, Ltd. v. United States, 37 Fed. Cl. 10 (Fed. Cl. 1996). “523, 92d Cong., 1st Sess. 3, reprinted in 1971 U.”

Paul v. United States, 20 Cl. Ct. 236 (Ct. Cl. 1990). “43 U.S.C. § 1605 (a). . 43 U.S.C. § 1608 .”

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