
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-117 Section 702]
[CITE: 43USC1626]

 
                         TITLE 43--PUBLIC LANDS
 
               CHAPTER 33--ALASKA NATIVE CLAIMS SETTLEMENT
 
Sec. 1626. Relation to other programs


(a) Continuing availability of otherwise available governmental programs

    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) Food stamp program

    Notwithstanding section 5(a) and any other provision of the Food 
Stamp Act of 1964 (78 Stat. 703), as amended [7 U.S.C. 2011 et seq.], in 
determining the eligibility of any household to participate in the food 
stamp program, any compensation, remuneration, revenue, or other benefit 
received by any member of such household under this chapter shall be 
disregarded.

(c) Eligibility for need-based Federal programs

    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 Food Stamp 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,

none of the following, received from a Native Corporation, shall be 
considered or taken into account as an asset or resource:
        (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.

(d) Federal Indian programs

    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) Minority and economically disadvantaged status

    (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.

(f) Omitted

(g) Civil Rights Act of 1964

    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.

(Pub. L. 92-203, Sec. 29, as added Pub. L. 94-204, Sec. 4, Jan. 2, 1976, 
89 Stat. 1147; amended Pub. L. 100-241, Sec. 15, Feb. 3, 1988, 101 Stat. 
1812; Pub. L. 102-415, Secs. 10, 11, Oct. 14, 1992, 106 Stat. 2115; Pub. 
L. 105-333, Sec. 5, Oct. 31, 1998, 112 Stat. 3131.)

                       References in Text

    The Food Stamp Act of 1964 (78 Stat. 703), as amended, referred to 
in subsec. (b), is Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703, as 
amended, known as the Food Stamp Act of 1977, which is classified 
generally to chapter 51 (Sec. 2011 et seq.) of Title 7, Agriculture. 
Section 5(a) of such Act is classified section 2014(a) of Title 7. For 
complete classification of this Act to the Code, see Short Title 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, as amended, which is classified 
generally to chapter 7 (Sec. 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.
    The Civil Rights Act of 1964, referred to in subsec. (g), is Pub. L. 
88-352, July 2, 1964, 78 Stat. 241, as amended, which is classified 
principally to subchapters II to IX (Sec. 2000a et seq.) of chapter 21 
of Title 42. For complete classification of this Act to the Code, see 
Short Title note set out under section 2000a of Title 42 and Tables.

                          Codification

    Subsec. (f) amended section 1702(3), (4) of Title 30, Mineral Lands 
and Mining, and provided for effective date of such amendment.


                               Amendments

    1998--Subsec. (c)(3)(A). Pub. L. 105-333, Sec. 5(1), inserted ``and 
on bonds received from a Native Corporation''.
    Subsec. (c)(3)(B). Pub. L. 105-333, Sec. 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''.
    1992--Subsec. (e)(1), (2). Pub. L. 102-415, Sec. 10, inserted ``and 
economically disadvantaged'' after ``minority''.
    Subsec. (g). Pub. L. 102-415, Sec. 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).
