43 U.S.C. § 1608

Revenue sharing

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(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 [30 U.S.C. 181 et seq.].

(b) Interim payments into Alaska Native Fund based on percentage of gross value of produced or removed minerals 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) 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 computationWhen 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 subsections (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; Pub. L. 93–153, title IV, § 407(b), Nov. 16, 1973, 87 Stat. 591.)Editorial NotesReferences in Text

The Mineral Leasing Act of 1920, referred to in subsec. (a), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act, which is classified generally to chapter 3A (§ 181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 181 of Title 30 and Tables.

The Alaska Statehood Act, referred to in subsecs. (b), (c), and (d), is Pub. L. 85–508, July 7, 1958, 72 Stat. 339, which is set out as a note preceding section 21 of Title 48. For complete classification of this Act to the Code, see Tables.

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 below.

Amendments

1973—Subsec. (g). Pub. L. 93–153 inserted 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.

Statutory Notes and Related SubsidiariesAdvance Payments to Alaska Natives Until Commencement of Deliveries of North Slope Crude Oil to Pipeline

Pub. L. 93–153, title IV, § 407(a), Nov. 16, 1973, 87 Stat. 591, authorized $5,000,000 to be paid from the United States Treasury to 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 revenues paid under this section until delivery of North Slope crude oil to a pipeline commenced.

Notes of Decisions

Cited in 10 cases, 1977–2010 · leading case: Akiachak Native Cmty. v. Dep't of the Interior, 584 F. Supp. 2d 1 (D.D.C. 2008).

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Akiachak Native Cmty. v. Dep't of the Interior, 584 F. Supp. 2d 1 (D.D.C. 2008). · cites it 3× “17578 ).) Thus, ANCSA is necessarily implicated as one of statutes involved in determining the plaintiffs’ challenges to Part 151.”

United States v. Atl. Richfield Co., 435 F. Supp. 1009 (D. Alaska 1977). · cites it 2× “43 U.S.C. § 1608 . 39 . 43 U.S.C. § 1611 .”

State of Tex. v. Sec'y of Interior, 580 F. Supp. 1197 (E.D. Tex. 1984). · cites it 2× “43 U.S.C. § 1608 . Of primary significance to the instant case, in drafting the ACSA, Congress expressly delineated when revenue received “as compensation for estimated drainage of oil and gas shall, for purposes of this section, be deemed to be revenues from disposition of oil…”

Rincon Band of Luiseno Mission Indians of the Rincon Reservation v. Schwarzenegger, 602 F. Supp. 3d 1019 (9th Cir. 2010). “1983) (en banc) (quotation marks, ellipses, brackets, and citation omitted); see also 43 U.S.C. § 1608 et seq. (requiring the United States and the State of Alaska to pay to Native Alaskans two percent of annual gross revenue from the disposition of minerals removed from that…”

Paul v. United States, 20 Cl. Ct. 236 (Ct. Cl. 1990). “43 U.S.C. § 1608 . . 43 U.S.C. § 1609 (a) states in part: .”

Paul v. United States, 231 Ct. Cl. 445 (Ct. Cl. 1982). “See section 9 of the Settlement Act, 43 U.S.C. § 1608 . The total claims exceeded the $1,900,000 allowable.”

Tyonek Native Corp. v. Sec'y of the Interior, 836 F.2d 1237 (9th Cir. 1988). · cites it 2× “§ 1603 (a) (referring to “tentative approvals pursuant to section 6(g) of the Alaska Statehood Act”); 43 U.S.C. § 1608 (b) (referring “to conditional leases and sales of minerals heretofore or hereafter made pursuant to section 6(g) of the Alaska Statehood Act,” and “to mineral…”

Ukpeagvik Inupiat Corp. v. Arctic Slope Reg'l Corp., 517 F. Supp. 1255 (D. Alaska 1981). “43 U.S.C. § 1608 . 2 . ANCSA provides that twelve Alaskan Native Regional Corporations will hold the subsurface title to all forty million acres.”

Vill. of Gambell v. Hodel, 869 F.2d 1273 (9th Cir. 1989). “See 43 U.S.C. § 1608 (i) (“The provisions of this section do not apply to mineral revenues received from the Outer Continental Shelf.”

Kenai Peninsula Borough v. Alaska, 612 F.2d 1210 (9th Cir. 1980). “Note preceding § 21, and the Alaska Native Claims Settlement Act of 1971, 43 U.S.C. § 1608 . DISCUSSION The difficulty here results from the addition of but one word, the term “minerals,” to a catalog list of revenue sources in 16 U.”

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