§1626 — Title 43 Public Lands | U.S. Code

Summary

Payments and grants under this chapter are payment for giving up land claims. They do not replace other federal or state programs for Alaska Natives. Money or other benefits a household gets under this chapter must be ignored when deciding SNAP eligibility. When checking need-based help (SNAP, Social Security need tests, or other federal need-based programs) for a household, Native, or descendant, certain things are not counted: cash up to $2,000 per person per year (including dividends or bond payments from a Native Corporation), stock or bonds from a Native Corporation, partnership interests, land or land interests, and interests in a Settlement Trust. For five years starting July 7, 2025, money or benefits from a Settlement Trust paid to an aged, blind, or disabled Native or descendant are also not counted. Alaska Natives keep eligibility for federal Indian programs just like other Native Americans. A Native Corporation counts as Native-owned and a minority/economically disadvantaged business if most of its stock and voting power is held by Settlement Common Stock and by Natives or descendants. Subsidiaries, joint ventures, and partnerships qualify the same way if the Native Corporation and its shareholders hold the majority of equity and voting power. Federal agencies may use less strict rules if they want. Contracts with these entities can count toward small or disadvantaged subcontracting goals, and certified ones are treated as Disadvantaged Business Enterprises. If a Native Corporation owns at least 25% of an entity, that entity is excluded from the Civil Rights Act’s definition of “employer.”

Title 43, §1626

Public Lands — Source: USLM XML via OLRC

(a)The payments and grants authorized under this chapter constitute compensation for the extinguishment of claims to land, and shall not be deemed to substitute for any governmental programs otherwise available to the Native people of Alaska as citizens of the United States and the State of Alaska.

(b)Notwithstanding section 5(a) and any other provision of the Food and Nutrition Act of 2008 (78 Stat. 703), as amended [7 U.S.C. 2011 et seq.], in determining the eligibility of any household to participate in the supplemental nutrition assistance program, any compensation, remuneration, revenue, or other benefit received by any member of such household under this chapter shall be disregarded.

(c)In determining the eligibility of a household, an individual Native, or a descendant of a Native (as defined in section 1602(r) of this title) to—

(1)participate in the supplemental nutrition assistance program,

(2)receive aid, assistance, or benefits, based on need, under the Social Security Act [42 U.S.C. 301 et seq.], or

(3)receive financial assistance or benefits, based on need, under any other Federal program or federally-assisted program,

(A)cash (including cash dividends on stock received from a Native Corporation and on bonds received from a Native Corporation) to the extent that it does not, in the aggregate, exceed $2,000 per individual per annum;

(B)stock (including stock issued or distributed by a Native Corporation as a dividend or distribution on stock) or bonds issued by a Native Corporation which bonds shall be subject to the protection of section 1606(h) of this title until voluntarily and expressly sold or pledged by the shareholder subsequent to the date of distribution;

(C)a partnership interest;

(D)land or an interest in land (including land or an interest in land received from a Native Corporation as a dividend or distribution on stock); and

(E)an interest in a Settlement Trust and, for the 5-year period beginning on July 7, 2025, an amount distributed from or benefit provided by a Settlement Trust to a Native or descendant of a Native who is an aged, blind, or disabled individual (as defined in section 1614(a) of the Social Security Act (42 U.S.C. 1382c(a))).

(d)Notwithstanding any other provision of law, Alaska Natives shall remain eligible for all Federal Indian programs on the same basis as other Native Americans.

(e)(1)For all purposes of Federal law, a Native Corporation shall be considered to be a corporation owned and controlled by Natives and a minority and economically disadvantaged business enterprise if the Settlement Common Stock of the corporation and other stock of the corporation held by holders of Settlement Common Stock and by Natives and descendants of Natives, represents a majority of both the total equity of the corporation and the total voting power of the corporation for the purposes of electing directors.

(2)For all purposes of Federal law, direct and indirect subsidiary corporations, joint ventures, and partnerships of a Native Corporation qualifying pursuant to paragraph (1) shall be considered to be entities owned and controlled by Natives and a minority and economically disadvantaged business enterprise if the shares of stock or other units of ownership interest in any such entity held by such Native Corporation and by the holders of its Settlement Common Stock represent a majority of both—

(A)the total equity of the subsidiary corporation, joint venture, or partnership; and

(B)the total voting power of the subsidiary corporation, joint venture, or partnership for the purpose of electing directors, the general partner, or principal officers.

(3)No provision of this subsection shall—

(A)preclude a Federal agency or instrumentality from applying standards for determining minority ownership (or control) less restrictive than those described in paragraphs (1) and (2), or

(B)supersede any such less restrictive standards in existence on February 3, 1988.

(4)(A)Congress confirms that Federal procurement programs for tribes and Alaska Native Corporations are enacted pursuant to its authority under Article I, section 8 of the United States Constitution.

(B)Contracting with an entity defined in subsection 11 So in original. Probably should be “subsection”. (e)(1) or (e)(2) of this section or section 1452(c) of title 25 shall be credited towards the satisfaction of a contractor’s small or small disadvantaged business subcontracting goals under section 502 of P.L. 100–656, provided that where lower tier subcontractors exist, the entity shall designate the appropriate contractor or contractors to receive such credit.

(C)Any entity that satisfies subsection (e)(1) or (e)(2) of this section that has been certified under section 637 of title 15 is a Disadvantaged Business Enterprise for the purposes of Public Law 105–178.

(f)

(g)For the purposes of implementation of the Civil Rights Act of 1964 [42 U.S.C. 2000a et seq.], a Native Corporation and corporations, partnerships, joint ventures, trusts, or affiliates in which the Native Corporation owns not less than 25 per centum of the equity shall be within the class of entities excluded from the definition of “employer” by section 701(b)(1) of Public Law 88–352 (78 Stat. 253), as amended [42 U.S.C. 2000e(b)(1)], or successor statutes.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Food and Nutrition Act of 2008, referred to in subsec. (b), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. section 5(a) of the Act is classified to section 2014(a) of Title 7. For complete classification of this Act to the Code, see

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note set out under section 2011 of Title 7 and Tables. The Social Security Act, referred to in subsec. (c)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. section 502 of P.L. 100–656, referred to in subsec. (e)(4)(B), is section 502 of title V of Pub. L. 100–656, Nov. 15, 1988, 102 Stat. 3881, which amended section 644(g) of Title 15, Commerce and Trade. Public Law 105–178, referred to in subsec. (e)(4)(C), is Pub. L. 105–178, June 9, 1998, 112 Stat. 107, known as the Transportation Equity Act for the 21st Century. The Disadvantaged Business Enterprise provisions of the Act were contained in section 1101(b), formerly set out as a note under section 101 of Title 23, Highways. For complete classification of this Act to the Code, see

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of 1998 Amendment note set out under section 101 of Title 23 and Tables. The Civil Rights Act of 1964, referred to in subsec. (g), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, which is classified principally to subchapters II to IX (§ 2000a et seq.) of chapter 21 of Title 42. For complete classification of this Act to the Code, see

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note set out under section 2000a of Title 42 and Tables. Codification Pub. L. 110–234 and Pub. L. 110–246 made identical

Amendments

to this section. The

Amendments

by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. Pub. L. 105–333, which directed amendment to pars. “(3)(A)” and “(3)(B)” of subsec. (c) of this section, was executed to subpars. (A) and (B) within the concluding provisions of subsec. (c) following par. (3), to reflect the probable intent of Congress. Section is comprised of section 29 of Pub. L. 92–203. Subsec. (f) of section 29 of Pub. L. 92–203, as added by Pub. L. 100–241, amended section 1702(3), (4) of Title 30, Mineral Lands and Mining, and provided for

Effective Date

of such amendment.

Amendments

2025—Subsec. (c)(E). Pub. L. 119–22 added subpar. (E) and struck out former subpar. (E) which read as follows: “an interest in a settlement trust.” 2008—Subsec. (b). Pub. L. 110–246, § 4002(b)(1)(C), (2)(GG), which directed substitution of “Food and Nutrition Act of 2008” for “Food Stamp Act”, was executed by making the substitution for “Food Stamp Act of 1964” to reflect the probable intent of Congress. Pub. L. 110–246, § 4002(b)(1)(A), (2)(GG), substituted “supplemental nutrition assistance program” for “food stamp program”. Subsec. (c)(1). Pub. L. 110–246, § 4002(b)(1)(A), (2)(GG), which directed substitution of “supplemental nutrition assistance program” for “food stamp program”, was executed by making the substitution for “Food Stamp Program” to reflect the probable intent of Congress. 2002—Subsec. (e)(4). Pub. L. 107–117 added par. (4). Subsec. (e)(4)(B). Pub. L. 107–206, § 3003(1), substituted “subsections (e)(1) or (e)(2)” for “subsection (e)(2)” and directed the substitution of “small or small disadvantaged business subcontracting goals under section 502 of P.L. 100–656, provided that where lower tier subcontractors exist, the entity shall designate the appropriate contractor or contractors to receive such credit” for “obligations under section 7 of P.L. 87–305”, which was executed by making the substitution for “obligations under section 7 of Public Law 87–305”, to reflect the probable intent of Congress. Subsec. (e)(4)(C). Pub. L. 107–206, § 3003(2), substituted “subsection (e)(1) or (e)(2)” for “subsection (e)(2)”. 1998—Subsec. (c)(A). Pub. L. 105–333, § 5(1), inserted “and on bonds received from a Native Corporation”. See Codification note above. Subsec. (c)(B). Pub. L. 105–333, § 5(2), inserted before semicolon at end “or bonds issued by a Native Corporation which bonds shall be subject to the protection of section 1606(h) of this title until voluntarily and expressly sold or pledged by the shareholder subsequent to the date of distribution”. See Codification note above. 1992—Subsec. (e)(1), (2). Pub. L. 102–415, § 10, inserted “and economically disadvantaged” after “minority”. Subsec. (g). Pub. L. 102–415, § 11, substituted “of entities excluded from the definition of ‘employer’ by” for “defined in” and “section 701(b)(1)” for “section 701(b)”. 1988—Subsecs. (c) to (g). Pub. L. 100–241 added subsecs. (c) to (g).

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an

Effective Date

note under section 8701 of Title 7, Agriculture. Amendment by section 4002(b)(1)(A), (C), (2)(GG) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.

§1626 Relation to other programs

Summary

Title 43, §1626

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