43 U.S.C. § 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)

Supplemental nutrition assistance program

78 Stat. 703 7 U.S.C. 2011Notwithstanding section 5(a) and any other provision of the Food and Nutrition Act of 2008 (), as amended [ 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)

Eligibility for need-based Federal programs

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

(1)

participate in the supplemental nutrition assistance program,

(2)

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

section 1606(h) of this title 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 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)

July 7, 202542 U.S.C. 1382c(a) an interest in a Settlement Trust and, for the 5-year period beginning on , 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 ()).

(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)

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

(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)

1 So in original. Probably should be “subsection”.

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

(C)

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

(f)

Omitted

(g)

Civil Rights Act of 1964

42 U.S.C. 2000a section 701(b)(1) of Public Law 88–352 78 Stat. 253 42 U.S.C. 2000e(b)(1)For the purposes of implementation of the Civil Rights Act of 1964 [ 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 (), as amended [], or successor statutes.

Pub. L. 92–203, § 29 Pub. L. 94–204, § 4Jan. 2, 197689 Stat. 1147 Pub. L. 100–241, § 15Feb. 3, 1988101 Stat. 1812 Pub. L. 102–415Oct. 14, 1992106 Stat. 2115 Pub. L. 105–333, § 5Oct. 31, 1998112 Stat. 3131 Pub. L. 107–117, div. B, § 702Jan. 10, 2002115 Stat. 2312 Pub. L. 107–206, title III, § 3003Aug. 2, 2002116 Stat. 924 Pub. L. 110–234, title IV, § 4002(b)(1)(A)May 22, 2008122 Stat. 1095 Pub. L. 110–246, § 4(a)June 18, 2008122 Stat. 1664 Pub. L. 119–22, § 2July 7, 2025139 Stat. 402(, as added , , ; amended , , ; , §§ 10, 11, , ; , , ; , , ; , , ; , (C), (2)(GG), , , 1096, 1098; , title IV, § 4002(b)(1)(A), (C), (2)(GG), , , 1857, 1859; , , .)

Editorial Notes

References in Text

Pub. L. 88–525Aug. 31, 196478 Stat. 703 section 2014(a) of Title 7 section 2011 of Title 7The Food and Nutrition Act of 2008, referred to in subsec. (b), is , , , which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. Section 5(a) of the Act is classified to . For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of Title 42The Social Security Act, referred to in subsec. (c)(2), is , , 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 and Tables.

Section 502 of P.L. 100–656 section 502 of title V of Pub. L. 100–656Nov. 15, 1988102 Stat. 3881 section 644(g) of Title 15, referred to in subsec. (e)(4)(B), is , , , which amended , Commerce and Trade.

Public Law 105–178 Pub. L. 105–178June 9, 1998112 Stat. 107 section 101 of Title 23 section 101 of Title 23, referred to in subsec. (e)(4)(C), is , , , 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 , Highways. For complete classification of this Act to the Code, see Short Title of 1998 Amendment note set out under and Tables.

Pub. L. 88–352July 2, 196478 Stat. 241 section 2000a of Title 42The Civil Rights Act of 1964, referred to in subsec. (g), is , , , 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 Short Title note set out under and Tables.

Codification

Pub. L. 110–234 Pub. L. 110–246 Pub. L. 110–234 section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .

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 29 of Pub. L. 92–203 section 29 of Pub. L. 92–203 Pub. L. 100–241Section is comprised of . Subsec. (f) of , as added by , amended section 1702(3), (4) of Title 30, Mineral Lands and Mining, and provided for effective date of such amendment.

Amendments

Pub. L. 119–222025—Subsec. (c)(E). added subpar. (E) and struck out former subpar. (E) which read as follows: “an interest in a settlement trust.”

Pub. L. 110–246, § 4002(b)(1)(C)2008—Subsec. (b). , (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”.

Pub. L. 110–246, § 4002(b)(1)(A)Subsec. (c)(1). , (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.

Pub. L. 107–1172002—Subsec. (e)(4). added par. (4).

Pub. L. 107–206, § 3003(1)section 502 of P.L. 100–656 section 7 of P.L. 87–305 section 7 of Public Law 87–305Subsec. (e)(4)(B). , substituted “subsections (e)(1) or (e)(2)” for “subsection (e)(2)” and directed the substitution of “small or small disadvantaged business subcontracting goals under , provided that where lower tier subcontractors exist, the entity shall designate the appropriate contractor or contractors to receive such credit” for “obligations under ”, which was executed by making the substitution for “obligations under ”, to reflect the probable intent of Congress.

Pub. L. 107–206, § 3003(2)Subsec. (e)(4)(C). , substituted “subsection (e)(1) or (e)(2)” for “subsection (e)(2)”.

Pub. L. 105–333, § 5(1)1998—Subsec. (c)(A). , inserted “and on bonds received from a Native Corporation”. See Codification note above.

Pub. L. 105–333, § 5(2)section 1606(h) of this titleSubsec. (c)(B). , inserted before semicolon at end “or bonds issued by a Native Corporation which bonds shall be subject to the protection of until voluntarily and expressly sold or pledged by the shareholder subsequent to the date of distribution”. See Codification note above.

Pub. L. 102–415, § 101992—Subsec. (e)(1), (2). , inserted “and economically disadvantaged” after “minority”.

Pub. L. 102–415, § 11Subsec. (g). , substituted “of entities excluded from the definition of ‘employer’ by” for “defined in” and “section 701(b)(1)” for “section 701(b)”.

Pub. L. 100–2411988—Subsecs. (c) to (g). added subsecs. (c) to (g).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–234 Pub. L. 110–246May 22, 2008Pub. L. 110–234 section 4 of Pub. L. 110–246 section 8701 of Title 7Amendment of this section and repeal of by effective , the date of enactment of , except as otherwise provided, see , set out as an Effective Date note under , Agriculture.

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