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
Region mergers; limitation
ProvidedThe Secretary may, on request made within one year of , by representative and responsible leaders of the Native associations listed in subsection (a), merge two or more of the twelve regions: , That the twelve regions may not be reduced to less than seven, and there may be no fewer than seven Regional Corporations.
Establishment of thirteenth region for nonresident Natives; majority vote; Regional Corporation for thirteenth region
section 1604(c) of this titleIf a majority of all eligible Natives eighteen years of age or older who are not permanent residents of Alaska elect, pursuant to , to be enrolled in a thirteenth region for Natives who are non-residents of Alaska, the Secretary shall establish such a region for the benefit of the Natives who elected to be enrolled therein, and they may establish a Regional Corporation pursuant to this chapter.
Incorporation; business for profit; eligibility for benefits; provisions in articles for carrying out chapter
Five incorporators within each region, named by the Native association in the region, shall incorporate under the laws of Alaska a Regional Corporation to conduct business for profit, which shall be eligible for the benefits of this chapter so long as it is organized and functions in accordance with this chapter. The articles of incorporation shall include provisions necessary to carry out the terms of this chapter.
Original articles and bylaws: approval by Secretary prior to filing, submission for approval; amendments to articles: approval by Secretary; withholding approval in event of creation of inequities among Native individuals or groups
The original articles of incorporation and bylaws shall be approved by the Secretary before they are filed, and they shall be submitted for approval within eighteen months after . The articles of incorporation may not be amended during the Regional Corporation’s first five years without the approval of the Secretary. The Secretary may withhold approval under this section if in his judgment inequities among Native individuals or groups of Native individuals would be created.
Board of directors; management; stockholders; provisions in articles or bylaws for number, term, and method of election
The management of the Regional Corporation shall be vested in a board of directors, all of whom, with the exception of the initial board, shall be stockholders over the age of eighteen. The number, terms, and method of election of members of the board of directors shall be fixed in the articles of incorporation or bylaws of the Regional Corporation.
Issuance of stock
Settlement Common Stock
Conditions on certain stock.—
In general .—
Conditions .—
Other forms of stock
Disclosure requirements
Savings
Settlement Common Stock
Rights and restrictions
Inheritance of Settlement Common Stock
Replacement Common Stock
Purchase of settlement common stock of Cook Inlet Region
Certain natural resource revenues; distribution among twelve Regional Corporations; computation of amount; subsection inapplicable to thirteenth Regional Corporation; exclusion from revenues
Corporate funds and other net income, distribution among: stockholders of Regional Corporations; Village Corporations and nonresident stockholders; and stockholders of thirteenth Regional Corporation
section 1605 of this title2
Distributions among Village Corporations; computation of amount
Funds distributed among the Village Corporations shall be divided among them according to the ratio that the number of shares of stock registered on the books of the Regional Corporation in the names of residents of each village bears to the number of shares of stock registered in the names of residents in all villages.
Distributions to Village Corporations; village plan: withholding funds until submission of plan for use of money; joint ventures and joint financing of projects; disagreements, arbitration of issues as provided in articles of Regional Corporation
Funds distributed to a Village Corporation may be withheld until the village has submitted a plan for the use of the money that is satisfactory to the Regional Corporation. The Regional Corporation may require a village plan to provide for joint ventures with other villages, and for joint financing of projects undertaken by the Regional Corporation that will benefit the region generally. In the event of disagreement over the provisions of the plan, the issues in disagreement shall be submitted to arbitration, as shall be provided for in the articles of incorporation of the Regional Corporation.
Distributions among Village Corporations in a region; computation of dividends for nonresidents of village; financing regional projects with equitably withheld dividends and Village Corporation funds
ProvidedWhen funds are distributed among Village Corporations in a region, an amount computed as follows shall be distributed as dividends to the class of stockholders who are not residents of those villages: The amount distributed as dividends shall bear the same ratio to the amount distributed among the Village Corporations that the number of shares of stock registered on the books of the Regional Corporation in the names of nonresidents of villages bears to the number of shares of stock registered in the names of village residents: , That an equitable portion of the amount distributed as dividends may be withheld and combined with Village Corporation funds to finance projects that will benefit the region generally.
Projects for Village Corporations
The Regional Corporation may undertake on behalf of one or more of the Village Corporations in the region any project authorized and financed by them.
Annual audit; place; availability of papers, things, or property to auditors to facilitate audits; verification of transactions; report to stockholders
The accounts of the Regional Corporation shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants, certified or licensed by a regulatory authority of the State or the United States. The audits shall be conducted at the place or places where the accounts of the Regional Corporation are normally kept. All books, accounts, financial records, reports, files, and other papers, things, or property belonging to or in use by the Regional Corporation and necessary to facilitate the audits shall be available to the person or persons conducting the audits; and full facilities for verifying transactions with the balances or securities held by depositories, fiscal agent, and custodians shall be afforded to such person or persons. Each audit report or a fair and reasonably detailed summary thereof shall be transmitted to each stockholder.
Federal-State conflict of laws
In the event of any conflict between the provisions of this section and the laws of the State of Alaska, the provisions of this section shall prevail.
Business management group; investment services contracts
Two or more Regional Corporations may contract with the same business management group for investment services and advice regarding the investment of corporate funds.
Benefits for shareholders or immediate families
The authority of a Native Corporation to provide benefits to its shareholders who are Natives or descendants of Natives or to its shareholders’ immediate family members who are Natives or descendants of Natives to promote the health, education, or welfare of such shareholders or family members is expressly authorized and confirmed. Eligibility for such benefits need not be based on share ownership in the Native Corporation and such benefits may be provided on a basis other than pro rata based on share ownership.
Pub. L. 92–203, § 785 Stat. 691Pub. L. 96–487, title XIV, § 1401(a)94 Stat. 2491Pub. L. 100–241101 Stat. 1790Pub. L. 102–415106 Stat. 2113Pub. L. 104–10, § 1(a)109 Stat. 155Pub. L. 104–42, title I, § 109(a)109 Stat. 357Pub. L. 105–333112 Stat. 3134Pub. L. 106–194, § 2114 Stat. 242Pub. L. 110–453, title II, § 206122 Stat. 5030(, , ; , (c), , , 2492; , §§ 4, 5, 12(a), , , 1792, 1810; , §§ 4, 8, , , 2114; , , ; , , ; , §§ 8, 12, , , 3135; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 110–453section 1629c(d) of this title2008—Subsec. (g)(1)(B)(iii). added cl. (iii) and struck out former cl. (iii) which read as follows: “The amendment authorized by clause (i) may provide that Settlement Common Stock issued to a Native pursuant to such amendment (or stock issued in exchange for such Settlement Common Stock pursuant to subsection (h)(3) of this section or ) shall be deemed canceled upon the death of such Native. No compensation for this cancellation shall be paid to the estate of the deceased Native or to any person holding the stock.”
Pub. L. 106–1942000—Subsec. (h)(1)(C)(iii). inserted before period at end “, notwithstanding an adoption, relinquishment, or termination of parental rights that may have altered or severed the legal relationship between the gift donor and recipient”.
Pub. L. 105–333, § 8(1)1998—Subsec. (i)(1). , substituted “(A) Except as provided by subparagraph (B), 70 percent” for “Seventy per centum”.
Pub. L. 105–333, § 8(2), which directed the addition of subpar. (B) at the end of subsec. (i), was executed by adding subpar. (B) at the end of par. (1) of subsec. (i) to reflect the probable intent of Congress.
Pub. L. 105–333, § 12Subsec. (r). , added subsec. (r).
Pub. L. 104–101995—Subsec. (h)(4). added par. (4).
Pub. L. 104–42Subsec. (i). designated existing provisions as par. (1) and added par. (2).
Pub. L. 102–415, § 81992—Subsec. (g)(1)(B)(i)(I). , inserted at end “and, at the further option of the Corporation, descendants of Natives born after ,”.
Pub. L. 102–415, § 4Subsec. (h)(1)(C)(iii). , substituted “nephew, or (if the holder has reached the age of majority as defined by the laws of the State of Alaska) brother or sister” for “or nephew”.
Pub. L. 100–241, § 4section 1604 of this title1988—Subsec. (g). , amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “The Regional Corporation shall be authorized to issue such number of shares of common stock, divided into such classes of shares as may be specified in the articles of incorporation to reflect the provisions of this chapter, as may be needed to issue one hundred shares of stock to each Native enrolled in the region pursuant to .”
Pub. L. 100–241, § 5Subsec. (h)(1), (2). , amended pars. (1) and (2) generally, changing structure of each from a single unlettered paragraph to one consisting of subpars. (A) to (C).
Pub. L. 100–241, § 5Subsec. (h)(3). , amended par. (3) generally, revising and restating as subpars. (A) to (E) provisions of former subpars. (A) to (C).
oPub. L. 100–241, § 12(a)Subsec. (). , struck out “, to the Secretary of the Interior and to the Committees on Interior and Insular Affairs of the Senate and the House of Representatives” after “to each stockholder” in last sentence.
Pub. L. 96–487, § 1401(c)Section 1401(c) of Pub. L. 96–487section 1696(h)(1) of this titlesection 1696 of this title1980—Subsec. (h)(1). , inserted “or by stockholder who is a member of a professional organization, association, or board which limits the ability of that stockholder to practice his profession because of holding stock issued under this chapter” after “divorce or child support”. directed that be amended, however, since no has been enacted, amendment was executed to subsec. (h)(1) of this section to reflect the probable intent of Congress.
Pub. L. 96–487, § 1401(a)Subsec. (h)(3). , substituted provisions that provided on , all stock previously issued be deemed canceled, and shares of stock of the appropriate class be issued to each shareholder share for share subject only to such restrictions as provided by the articles of incorporation, or agreement between the corporation and individual, specified restrictions which may be included by amendment in the articles of incorporation, and provided voting requirements for amendment of the articles of incorporation for approval of restrictions and the grant of voting rights to stockholders who were previously denied such rights for provision that provided on Jan. 1 of the twenty-first year after the year in which this chapter was enacted, all stock previously issued be deemed canceled and the shares of stock of the appropriate class issued without restrictions required by this chapter to each stockholder share for share.
Statutory Notes and Related Subsidiaries
Effective Date of 1995 Amendment
Pub. L. 104–42, title I, § 109(b)109 Stat. 357