Political Cleansing of Alaska Tribes
Below is the legislative actions positioning the ANCSA corporations to eliminate Tribal Sovereignty.
The examples were searched looking for ‘Indian Tribe’ and ‘ANCSA’ references in the same definition. I did not look for federal definitions that did not involve ANCSA.
Search engine: http://assembler.law.cornell.edu/uscode/search/
Eliminate: Political Cleansing of Alaska Tribes
Table of Contents
‘Indian Tribe’ is defined in the ANCSA legislation. 3
‘Indian Tribe’ means Native Village as defined in ANCSA Legislation. 3
‘Native Village’ in ANCSA is not sovereign and not defined by the Tribe. 4
“Indian Tribe” with out reference to a Corporation is still defined by ANCSA. 5
Indian Self-determination Act uses and ANCSA definition of Tribe. 7
Some legislation refers directly to the ANCSA Village Corporation 43 USC 1602 (g) and Regional Corporation sections. 43 USC 1602 (j). 8
ANCSA 1602 Contains the Tribal Termination definitions. 9
‘Federally Recognized Tribe’ means ANCSA Corporation 11
‘Indian Lands’ means ANCSA Lands 11
‘Tribe’ means ANCSA Corp 12
‘Tribal Organization’ means ANCSA Corp. 13
‘Indian Reservation’ means ANCSA Land 13
‘Reservation’ includes ANCSA land. 14
‘Tribal Government’ means ANCSA Corp. 16
‘Indian Tribal Government’ means ANCSA Corp. 16
Government to Government relations are to be afforded to ANCSA Corp. 18
ANCSA Corporations but Not Tribes, are eligible for subsistence or governance funds. 19
TANF 19
BROWNFIELDS 20
Revisiting “Alaska Native Village” as envisioned in ANCSA. 21
What is a Native Village after sovereignty has been removed? 21
‘Indian Tribe’ and ‘Alaska Native Village’ specifically defined in ANCSA section 43 USC 1602c. 21
‘Alaska Native Village’ in section 1602c means those listed 1610 (with pop over 25) 22
ANCSA Village List 22
Steve Sumida, Deputy Director
Alaska Inter-Tribal Council
May 13, 2005
Assumption of Sovereign Terminology and Tribal Funding by ANCSA Corporations.
‘Indian Tribe’ is defined in the ANCSA legislation.
Several statutes define Indian Tribe vaguely (e.g. regional village) but with a specific reference to ANCSA legislation, making ANCSA corporations into Indian Tribes by reference. References to 43 USC 1601 et. seq includes the legislation creating and new definition for Native Village, as well as defining village and regional corporations.
US CODE: TITLE 29,705. DEFINITIONS
TITLE 29 - LABOR/CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES/GENERAL PROVISIONS
(19) Indian; American Indian; Indian American; Indian tribe
(A) In general
The terms “Indian”, “American Indian”, and “Indian American” mean an individual who is a member of an Indian tribe.
(B) Indian tribe
The term “Indian tribe” means any Federal or State Indian tribe, band, rancheria, pueblo, colony, or community, including any Alaskan native village or regional village corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]).
‘Indian Tribe’ means Native Village as defined in ANCSA Legislation.
Many Alaska Native’s use the term “Native Village” when they are specifically referring to the sovereign tribe in contrast the municipal government in a community. Statutory law has twisted this term in a subtle way that removes its sovereignty. However the dilution of the term cannot be seen without following the definition through two different statutes. As demonstrated below, in 20 USC 1401 ‘Indian Tribe’ is defined to mean ‘Alaska Native village’ as defined in 43 USC 1601 et seq. Reading through ANCSA to 43 USC 1610 we learn that a Native Village and therefore and Indian Tribe is not a sovereign entity. In fact, its very existence is not under its own control. It defines a Native Village and therefore an Indian Tribe as over 25 people, not modern, with a majority Native.
US CODE: TITLE 20,1401. DEFINITIONS
TITLE 20 - EDUCATION/CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES/SUBCHAPTER I - GENERAL PROVISIONS
(9) Indian
The term “Indian” means an individual who is a member of an Indian tribe.
(10) Indian tribe
The term “Indian tribe” means any Federal or State Indian tribe, band, rancheria, pueblo, colony, or community, including any Alaska Native village or regional village corporation (as defined in or established under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]).
‘Native Village’ in ANCSA is not sovereign and not defined by the Tribe.
Native Villages are defined in ANCSA and they only exist until the population drops below 25 people, (measles in blankets), is of a modern character (gets running water?) is a majority non-native (miners move in).
Title 43, Chapter 33, section 1610(c)
(1) The Native villages subject to this chapter are as follows:
NAME OF PLACE AND REGION
[list omitted]
(2) Within two and one-half years from December 18, 1971, the Secretary shall review all of the villages listed in subsection (b)(1) hereof, and a village shall not be eligible for land benefits under section 1613 (a) and (b) of this title, and any withdrawal for such village shall expire, if the Secretary determines that—
(A) less than twenty-five Natives were residents of the village on the 1970 census enumeration date as shown by the census or other evidence satisfactory to the Secretary, who shall make findings of fact in each instance; or
(B) the village is of a modern and urban character, and the majority of the residents are non-Native.
Any Native group made ineligible by this subsection shall be considered under section 1613 (h) of this title.
(3) Native villages not listed in subsection (b)(1) hereof shall be eligible for land and benefits under this chapter and lands shall be withdrawn pursuant to this section if the Secretary within two and one-half years from December 18, 1971, determines that—
(A) twenty-five or more Natives were residents of an established village on the 1970 census enumeration date as shown by the census or other evidence satisfactory to the Secretary, who shall make findings of fact in each instance; and
(B) the village is not of a modern and urban character, and a majority of the residents are Natives.
“Indian Tribe” with out reference to a Corporation is still defined by ANCSA.
Even laws that deal with matters that pre-date ANCSA and have no relationship to ANCSA define “Indian Tribe” by the ANCSA definition. Further these definitions imply that the ANCSA definition is the federal recognition that makes ANCSA corporations, and the Native Village definition the source of identifying what is a “Tribe.” This takes the added step of implying that the other groups within the definition of Indian Tribe are not federally recognized tribes. Because of this inference, the statute does not even need to mention the word corporation. This one refers to the broad ANCSA legislation 43 USC 1601 et seq.
US CODE: TITLE 25,3001. DEFINITIONS
TITLE 25 - INDIANS/CHAPTER 32 - NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION
(7) “Indian tribe” means any tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
Another definition that leaves out the word “corporation” but has the same effect by referring to 43 USC 1601 et seq. In this context “et seq” means all of the legislation in the act, including the creation of village and regional corporations. In the context of protection of culture, legislation points to ANCSA to define an Indian Tribe. Again the legislation uses the term recognized in federal legislation to point to an ANCSA definition of “Tribe”. Alaska Natives often use the term “federally recognized tribe” to distinguish between the sovereign tribal government and, for example, service organizations such as the ANCSA nonprofits. This legislation however, is federal legislation recognizing ANCSA corporations and to Native Villages that only exist until swallowed up by western culture or an urban borough. Under ANCSA definitions a Native Village does not exist when the number of Natives drops below 25, it becomes modern or Natives become a minority.
US CODE: TITLE 20,4402. DEFINITIONS
TITLE 20 - EDUCATION/CHAPTER 56 - AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN CULTURE AND ART DEVELOPMENT
(4) The term “Indian” means any person who is a member of an Indian tribe.
(5) The term “Indian tribe” means any tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]), which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians.
Some make it clear corporations are being recognized as Indian Tribes. Not happy with redefining Tribes in ways that they can be eradicated by conditions outside their control, the Tribes terminology is directly assaulted by an outright statement that an ANCSA corporation is an “Indian Tribe”. Since the definition states that the corporation is recognized as eligible for the special programs and services provided by the US to Indian tribes because of their status as Indians… this legislation has two implications. First is it is an indirect, but clear way of saying in a federal statute that ANCSA corporations are federally recognized….. as Indian Tribes. Second, the implication is that this is ANCSA corporations are eligible to services from the federal government as Indian Tribes. This is at the heart of pitting ANCSA Corporations against tribes. It says that ANCSA corporations can apply for funding for services, but only if they do so as federally recognized tribes. This uses the Corporations to destroy the viability of the sovereign Tribes and make them compete for the same funds as Tribes. If ANCSA corporations can be made to represent themselves as federally recognized tribes then it is clear that there no longer is any sovereignty in being a federally recognized tribe.
US CODE: TITLE 25,3802. DEFINITIONS
TITLE 25 - INDIANS/CHAPTER 40 - INDIAN DAMS SAFETY
(4) The term “Indian tribe” means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indian tribes because of their status as Indians.
US CODE: TITLE 42,3122. DEFINITIONS
TITLE 42 - THE PUBLIC HEALTH AND WELFARE/CHAPTER 38 - PUBLIC WORKS AND ECONOMIC DEVELOPMENT
(7) Indian tribe
The term “Indian tribe” means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or Regional Corporation (as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
More of same but trying to get the regional village language straightened out.
US CODE: TITLE 42,8802. DEFINITIONS
TITLE 42 - THE PUBLIC HEALTH AND WELFARE/CHAPTER 96 - BIOMASS ENERGY AND ALCOHOL FUELS
(12) The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.] which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
US CODE: TITLE 25,4001. DEFINITIONS
TITLE 25 - INDIANS/CHAPTER 42 - AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM
(2) The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) [43 U.S.C. 1601 et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
US CODE: TITLE 25,2403. DEFINITIONS
TITLE 25 - INDIANS/CHAPTER 26 - INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND TREATMENT/SUBCHAPTER I - GENERAL PROVISIONS
(3) The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community of Indians (including any Alaska Native village or regional or village corporation as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)) which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians.
Indian Self-determination Act uses and ANCSA definition of Tribe.
The core statutory structure under which tribal governance is recognized and funded, the Indian Self Determination and Education Assistance Act defines ANCSA Corporation as tribes, and it does it in the manner that implies that ANCSA corporations are federally recognized tribes. ANCSA Corp is “Indian Tribe’ recognized as eligible …. because of … status as Indians. This is significant because a number of statutes do not define ‘Indian Tribe’ directly, but only by reference to this statute.
US CODE: TITLE 25,450B. DEFINITIONS
TITLE 25 - INDIANS/CHAPTER 14 - MISCELLANEOUS/SUBCHAPTER II - INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE
(e) “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) [43 U.S.C. 1601 et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians;
under part A of this subchapter shall be construed to be a procurement contract;
(l) “tribal organization” means the recognized governing body of any Indian tribe; any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities: Provided, That in any case where a contract is let or grant made to an organization to perform services benefiting more than one Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant; and
Some definitions refer to the old ANCSA Village list at 43 USC 1602(c) (as opposed to the federally recognized tribe list) which appears as an attempt to focus on Villages that fall under the termination criteria of less than 25 members, modern character, and majority non-Native. The alternative language referring to the entire ANCSA legislation 43 USC 1601 et seq also brings corporations back into the definition of Indian Tribes.
US CODE: TITLE 42,9832. DEFINITIONS
TITLE 42 - THE PUBLIC HEALTH AND WELFARE/CHAPTER 105 - COMMUNITY SERVICES PROGRAMS/SUBCHAPTER II - HEAD START PROGRAMS
(10) The term “Indian tribe” means any tribe, band, nation, pueblo, or other organized group or community of Indians, including any Native village described in section 3(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602 (c)) or established pursuant to such Act (43 U.S.C. 1601 et seq.), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
Some legislation refers directly to the ANCSA Village Corporation 43 USC 1602 (g) and Regional Corporation sections. 43 USC 1602 (j).
US CODE: TITLE 16,1722. DEFINITIONS
TITLE 16 - CONSERVATION/CHAPTER 37 - YOUTH CONSERVATION CORPS AND PUBLIC LANDS CORPS/SUBCHAPTER II - PUBLIC LANDS CORPS
(5) Indian
The term “Indian” means a person who—
(A) is a member of an Indian tribe; or
(B) is a “Native”, as defined in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602 (b)).
(6) Indian lands
The term “Indian lands” means—
(A) any Indian reservation;
(B) any public domain Indian allotments;
(C) any former Indian reservation in the State of Oklahoma;
(D) any land held by incorporated Native groups, regional corporations, and village corporations under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]; and
(E) any land held by dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a State.
(7) Indian tribe
The term “Indian tribe” means an Indian tribe, band, nation, or other organized group or community, including any Native village, Regional Corporation, or Village Corporation, as defined in subsection (c), (g), or (j), respectively, of section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602 (c), (g), or (j)), that is recognized as eligible for the special programs and services provided by the United States under Federal law to Indians because of their status as Indians.
ANCSA 1602 Contains the Tribal Termination definitions.
ANCSA defines the term ‘Native Village’ is an ANCSA tribe other than a corporation that ceases to exist when it has less than 25 members. Many times the fact that ANCSA has defined “NATIVE VILLAGE” separately from a Village Corporation has been over looked. ANCSA legislation as originally written was designed to make the Native character or the corporations be dissolved away into mainstream western society by alienability of corporation shares and assets after 20 years. What is left after ANCSA corporations are gone are defined as “Alaska Native Villages”. In order to complete the termination of Alaska Natives, ANCSA defined the Alaska Native Village as something that no longer exists if it becomes less than 25 people. This is one of the most disturbing definitions because it begins to define the tribe by criteria outside the control of Alaska Natives.
US CODE: TITLE 43,1602. DEFINITIONS
TITLE 43 - PUBLIC LANDS/CHAPTER 33 - ALASKA NATIVE CLAIMS SETTLEMENT
(b) “Native” means a citizen of the United States who is a person of one-fourth degree or more Alaska Indian (including Tsimshian Indians not enrolled in the Metlaktla [1] Indian Community) Eskimo, or Aleut blood, or combination thereof. The term includes any Native as so defined either or both of whose adoptive parents are not Natives. It also includes, in the absence of proof of a minimum blood quantum, any citizen of the United States who is regarded as an Alaska Native by the Native village or Native group of which he claims to be a member and whose father or mother is (or, if deceased, was) regarded as Native by any village or group. Any decision of the Secretary regarding eligibility for enrollment shall be final;
(c) “Native village” means any tribe, band, clan, group, village, community, or association in Alaska listed in sections 1610 and 1615 of this title, or which meets the requirements of this chapter, and which the Secretary determines was, on the 1970 census enumeration date (as shown by the census or other evidence satisfactory to the Secretary, who shall make findings of fact in each instance), composed of twenty-five or more Natives;
(d) “Native group” means any tribe, band, clan, village, community, or village association of Natives in Alaska composed of less than twenty-five Natives, who comprise a majority of the residents of the locality;
(g) “Regional Corporation” means an Alaska Native Regional Corporation established under the laws of the State of Alaska in accordance with the provisions of this chapter;
(j) “Village Corporation” means an Alaska Native Village Corporation organized under the laws of the State of Alaska as a business for profit or nonprofit corporation to hold, invest, manage and/or distribute lands, property, funds, and other rights and assets for and on behalf of a Native village in accordance with the terms of this chapter.[2]
(m) “Native Corporation” means any Regional Corporation, any Village Corporation, any Urban Corporation, and any Group Corporation;
(n) “Group Corporation” means an Alaska Native Group Corporation organized under the laws of the State of Alaska as a business for profit or nonprofit corporation to hold, invest, manage and/or distribute lands, property, funds, and other rights and assets for and on behalf of members of a Native group in accordance with the terms of this chapter;
(o) “Urban Corporation” means an Alaska Native Urban Corporation organized under the laws of the State of Alaska as a business for profit or nonprofit corporation to hold, invest, manage and/or distribute lands, property, funds, and other rights and assets for and on behalf of members of an urban community of Natives in accordance with the terms of this chapter;
(r) “Descendant of a Native” means—
(1) a lineal descendant of a Native or of an individual who would have been a Native if such individual were alive on December 18, 1971, or
(2) an adoptee of a Native or of a descendant of a Native, whose adoption—
(A) occurred prior to his or her majority, and
(B) is recognized at law or in equity;
(t) “Settlement Trust” means a trust—
(1) established and registered by a Native Corporation under the laws of the State of Alaska pursuant to a resolution of its shareholders, and
(2) operated for the benefit of shareholders, Natives, and descendants of Natives, in accordance with section 1629e of this title and the laws of the State of Alaska.
‘Federally Recognized Tribe’ means ANCSA Corporation
Some statutes actually define ANCSA Corporations as ‘federally recognized Tribes.’ It appears that when no one complained about the subtle language in the ISDEAA that federally recognized corporations as tribes, the statutory language became explicit in redefining a cores description of sovereignty to refer to corporations.
US CODE: TITLE 25,4103. DEFINITIONS
TITLE 25 - INDIANS/CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
(12) Indian tribe
(A) In general
The term “Indian tribe” means a tribe that is a federally recognized tribe or a State recognized tribe.
(B) Federally recognized tribe
The term “federally recognized tribe” means any Indian tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).
‘Indian Lands’ means ANCSA Lands
It is not enough to water down the term Indian Tribes, every thing associated with tribes have been redefined to be attributes of ANCSA corporations without sovereignty.
US CODE: TITLE 25,3703. DEFINITIONS
TITLE 25 - INDIANS/CHAPTER 39 - AMERICAN INDIAN AGRICULTURAL RESOURCE MANAGEMENT
(8) The term “Indian” means an individual who is a member of an Indian tribe.
(9) The term “Indian land” means land that is—
(A) held in trust by the United States for an Indian tribe; or
(B) owned by an Indian or Indian tribe and is subject to restrictions against alienation.
(10) The term “Indian tribe” means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
More of same, ANCSA lands are Indian Lands by association of terms. The use of association of terms where two statutes or definitions have to be tracked to see the implication is more attempts to mask termination of tribal sovereignty through convolution.
US CODE: TITLE 16,470BB. DEFINITIONS
TITLE 16 - CONSERVATION/CHAPTER 1B - ARCHAEOLOGICAL RESOURCES PROTECTION
4) The term “Indian lands” means lands of Indian tribes, or Indian individuals, which are either held in trust by the United States or subject to a restriction against alienation imposed by the United States, except for any subsurface interests in lands not owned or controlled by an Indian tribe or an Indian individual.
(5) The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (85 Stat. 688) [43 U.S.C. 1601 et seq.].
‘Tribe’ means ANCSA Corp
US CODE: TITLE 25,2021. DEFINITIONS
TITLE 25 - INDIANS/CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS
(11) Indian organization
The term “Indian organization” means any group, association, partnership, corporation, or other legal entity owned or controlled by a federally recognized Indian tribe or tribes, or a majority of whose members are members of federally recognized tribes.
(19) Tribal governing body
The term “tribal governing body” means, with respect to any school, the tribal governing body, or tribal governing bodies, that represent at least 90 percent of the students served by such school.
(20) Tribe
The term “tribe” means any Indian tribe, band, nation, or other organized group or community, including an Alaska Native Regional Corporation or Village Corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
‘Tribal Organization’ means ANCSA Corp.
US CODE: TITLE 25,2511. DEFINITIONS
TITLE 25 - INDIANS/CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS
(3) Indian
The term “Indian” means a member of an Indian tribe, and includes individuals who are eligible for membership in a tribe, and the child or grandchild of such an individual.
(4) Indian tribe
The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including an Alaska Native Village Corporation or Regional Corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
(7) Tribal governing body
The term “tribal governing body” means, with respect to any school that receives assistance under this Act,[1] the recognized governing body of the Indian tribe involved.
(8) Tribal organization
(A) In general
The term “tribal organization” means—
(i) the recognized governing body of any Indian tribe; or
(ii) any legally established organization of Indians that—
(I) is controlled, sanctioned, or chartered by such governing body or is democratically elected by the adult members of the Indian community to be served by such organization; and
(II) includes the maximum participation of Indians in all phases of the organization’s activities.
‘Indian Reservation’ means ANCSA Land
US CODE: TITLE 25,3202. DEFINITIONS
TITLE 25 - INDIANS/CHAPTER 34 - INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION
(6) “Indian” means any individual who is a member of an Indian tribe;
(8) “Indian country” has the meaning given to such term by section 1151 of title 18;
(9) “Indian reservation” means any Indian reservation, public domain Indian allotment, former Indian reservation in Oklahoma, or lands held by incorporated Native groups, regional corporations, or village corporations under the provisions of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
(10) “Indian tribe” and “tribal organization” have the respective meanings given to each of such terms under section 450b of this title;
(11) “inter-tribal consortium” means a partnership between—
(A) an Indian tribe or tribal organization of an Indian tribe, and
(B) one or more Indian tribes or tribal organizations of one or more other Indian tribes;
More treatment of ANCSA land as a reservation. This is taking tribal terminology away from Tribes (reservation) and associating it with ANCSA corporations, without giving the land attributes of sovereignty. These reservations are not Indian Country. ANCSA corporations are being used to strip tribes of the indicia of sovereignty.
US CODE: TITLE 42,2992C. DEFINITIONS
TITLE 42 - THE PUBLIC HEALTH AND WELFARE/CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM/SUBCHAPTER VIII - NATIVE AMERICAN PROGRAMS
(2) “Indian reservation or Alaska Native village” includes the reservation of any federally or State recognized Indian tribe, including any band, nation, pueblo, or rancheria, any former reservation in Oklahoma, and community under the jurisdiction of an Indian tribe, including a band, nation, pueblo, or rancheria, with allotted lands or lands subject to a restriction against alienation imposed by the United States or a State, and any lands of or under the jurisdiction of an Alaska Native village or group, including any lands selected by Alaska Natives or Alaska Native organizations under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.];
This also defines the ANCSA lands as having the tribal status of “reservation” without giving it the real benefit of being “Indian Country”. (It does not appear that the term ‘Indian Country’ has come under attack. See 18 USC 1151). Equating tribal land terminology to ANCSA land continues the trend of diluting tribes sovereignty, without giving the benefit of sovereignty to ANCSA corporations.
‘Reservation’ includes ANCSA land.
US CODE: TITLE 25,1452. DEFINITIONS
TITLE 25 - INDIANS/CHAPTER 17 - FINANCING ECONOMIC DEVELOPMENT OF INDIANS AND INDIAN ORGANIZATIONS/GENERAL PROVISIONS
(b) “Indian” means any person who is a member of any Indian tribe, band, group, pueblo, or community which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs and any “Native” as defined in the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.].
(c) “Tribe” means any Indian tribe, band, group, pueblo, or community, including Native villages and Native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs.
(d) “Reservation” includes Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.].
More of same, ANCSA land is Indian Reservation
US CODE: TITLE 25,3501. DEFINITIONS
TITLE 25 - INDIANS/CHAPTER 37 - INDIAN ENERGY RESOURCES
(1) the term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; and
(2) the term “Indian reservation” includes Indian reservations; public domain Indian allotments; former Indian reservations in Oklahoma; land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a State.
Another example of diluted Reservations
US CODE: TITLE 12,4702. DEFINITIONS
TITLE 12 - BANKS AND BANKING/CHAPTER 47 - COMMUNITY DEVELOPMENT BANKING/SUBCHAPTER I - COMMUNITY DEVELOPMENT BANKING AND FINANCIAL INSTITUTIONS
(11) Indian reservation
The term “Indian reservation” has the same meaning as in section 1903 (10) of title 25, and shall include land held by incorporated Native groups, regional corporations, and village corporations, as defined in or established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], public domain Indian allotments, and former Indian reservations in the State of Oklahoma.
(12) Indian tribe
The term “Indian tribe” means any Indian tribe, band, pueblo, nation, or other organized group or community, including any Alaska Native village or regional or village corporation, as defined in or established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
‘Tribal Government’ means ANCSA Corp.
One of the last pieces of sovereignty that was not taken from Alaska Natives by passage of ANCSA is the sovereignty of a tribe, defined by and over its members. This has two aspects: internal sovereignty which is the ability to define the relationship among its members such as child welfare, elder care and custody, policing and courts, and an external component of sovereignty, the right to have other governments recognize the internal authority. The external recognition of these relationship is the recognition of the ‘tribal government’ and affording that governing body government to government relations. Recognizing ANCSA entities as governments is another way of co-opting Alaska Natives into accepting that their internal sovereignty is meaningless by demonstrating that Native government does not have a sovereignty component.
US CODE: TITLE 2,658. DEFINITIONS
TITLE 2 - THE CONGRESS/CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS/SUBCHAPTER II - FISCAL PROCEDURES/Part B - Federal Mandates
(13) Tribal government
The term “tribal government” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601 et seq.) which is recognized as eligible for the special programs and services provided by the United States to Indians because of their special status as Indians.
‘Indian Tribal Government’ means ANCSA Corp.
US CODE: TITLE 42,4368B. GENERAL ASSISTANCE PROGRAM
TITLE 42 - THE PUBLIC HEALTH AND WELFARE/CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY/SUBCHAPTER III - MISCELLANEOUS PROVISIONS
(1) The term “Indian tribal government” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C.A. 1601, et seq.)), which is recognized as eligible for the special services provided by the United States to Indians because of their status as Indians.
(2) The term “intertribal consortia” or “intertribal consortium” means a partnership between two or more Indian tribal governments authorized by the governing bodies of those tribes to apply for and receive assistance pursuant to this section.
Another seemingly blind use of the term Indian Tribal Government. Note the terminology consistency with the Self determination act.
US CODE: TITLE 25,3902. DEFINITIONS
TITLE 25 - INDIANS/CHAPTER 41 - INDIAN LANDS OPEN DUMP CLEANUP
(3) Indian land
The term “Indian land” means—
(A) land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation;
(B) dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a State; and
(C) Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through such allotments.
(4) Alaska Native land
The term “Alaska Native land” means (A) land conveyed or to be conveyed pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], including any land reconveyed under section 14(c)(3) of that Act (43 U.S.C. 1613 (c)(3)), and (B) land conveyed pursuant to the Act of November 2, 1966 (16 U.S.C. 1151 et seq.; commonly known as the “Fur Seal Act of 1966”).
(5) Indian tribal government
The term “Indian tribal government” means the governing body of any Indian tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
(6) Alaska Native entity
The term “Alaska Native entity” includes native corporations established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.] and any Alaska Native village or municipal entity which owns Alaska Native land.
Government to Government relations are to be afforded to ANCSA Corp.
This is to make it absolutely clear that there is a movement to use the ANCSA corporations to eradicate Tribal sovereignty over members. Government to government relations is the external indicia of that internal authority. For the ANCSA corporations to be recognized as having this authority is equivalent to a statement that there is no sovereignty.
http://www.whitehouse.gov/news/releases/2004/01/20040123-10.html. The “Consolidated Appropriations Act, 2004” (CAA). contained a paragraph which stated,
Sec. 161. The Director of the Office of Management and Budget shall hereafter consult with Alaska Native corporations on the same basis as Indian tribes under Executive Order No. 13175.
This came to the President to sign into law as H.R.2673. Later Public Law 108-199. In his signing statement on January 23, 2004, the President made a specific explanation on section 161,
The executive branch shall construe section 161 of Division H of the CAA as applicable only with respect to statutory functions assigned to the Director of OMB and not to the Director's role of assisting the President in the President's exercise of his constitutional powers of obtaining the opinions of the heads of departments, recommending for the consideration of the Congress such measures as the President judges necessary and expedient, and supervising the unitary executive branch. The executive branch shall not construe section 161 to affect the power of the President to modify or amend the executive order to which the provision refers.
See http://www.whitehouse.gov/news/releases/2004/01/20040123-10.html. This was part of public law 108-199 the Consolidated Administrative Appropriations Act in a section following the Justice Commission legislation.
A World without Tribal Sovereignty over members.
This has already been anticipated by unique legislation notifying the IRS that Alaska Tribes may not have sovereignty.
In the following IRS Provisions the definition of “Indian Tribal Government” at first appears to conflict with the definition in 42 USC 4368B which defines the term to include ANCSA corporations, until one reads the unique subsection B that indicates that in Alaska Indian Tribal Governments may not have sovereign authority over even PEOPLE.
US CODE: TITLE 26,7701. DEFINITIONS
TITLE 26 - INTERNAL REVENUE CODE/Subtitle F - Procedure and Administration/CHAPTER 79 - DEFINITIONS
(40) Indian tribal government
(A) In general
The term “Indian tribal government” means the governing body of any tribe, band, community, village, or group of Indians, or (if applicable) Alaska Natives, which is determined by the Secretary, after consultation with the Secretary of the Interior, to exercise governmental functions.
(B) Special rule for Alaska Natives
No determination under subparagraph (A) with respect to Alaska Natives shall grant or defer any status or powers other than those enumerated in section 7871. Nothing in the Indian Tribal Governmental Tax Status Act of 1982, or in the amendments made thereby, shall validate or invalidate any claim by Alaska Natives of sovereign authority over lands or people.
ANCSA Corporations but Not Tribes, are eligible for subsistence or governance funds.
Two separate acts have stated that lower 48 Indian Tribes are eligible for funds and for programs but singled out Alaska Tribes as NOT eligible for funds. These restrictions have made it more difficult for tribes to develop innovative solutions and prevents the cultural sovereign from establishing order in the community. This is an attack on Tribal enforcement of Traditional Councils and Elder Councils under the sovereign authority based on custom and tradition. This legislation promotes the opposite; it means that only non-traditional enforcement and state sanctioned regulatory schemes of the ANCSA corporation can be enforced.
TANF
In 1996 the Personal Responsibility and Work Opportunity Reconciliation Act allowed American Indian tribal governments to design and administer their own public assistance programs through the Temporary Assistance to Needy Families (TANF ) program. Lower 48 tribes were eligible to access these funds and to be attentive to tribal needs in innovative ways. This was not true in Alaska where tribes were excluded from eligibility and only available to ANCSA corporations.
TITLE 42 - THE PUBLIC HEALTH AND WELFARE/CHAPTER 7 - SOCIAL SECURITY/SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES/Part A - Block Grants to States for Temporary Assistance for Needy Families
4) Indian, Indian tribe, and tribal organization
(A) In general Except as provided in subparagraph (B), the terms “Indian”, “Indian tribe”, and “tribal organization” have the meaning given such terms by section 450b of title 25.
(B) Special rule for Indian tribes in Alaska The term “Indian tribe” means, with respect to the State of Alaska, only the Metlakatla Indian Community of the Annette Islands Reserve and the following Alaska Native regional nonprofit corporations:
(i) Arctic Slope Native Association.
(ii) Kawerak, Inc.
(iii) Maniilaq Association.
(iv) Association of Village Council Presidents.
(v) Tanana Chiefs Conference.
(vi) Cook Inlet Tribal Council.
(vii) Bristol Bay Native Association.
(viii) Aleutian and Pribilof Island Association.
(ix) Chugachmuit.
(x) Tlingit Haida Central Council.
(xi) Kodiak Area Native Association.
(xii) Copper River Native Association
BROWNFIELDS
For all Tribes except for those in Alaska the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or superfund) deals with the cleanup of hazardous substances and counts natural resource damages amo0ng recoverable response costs. 42 USC 9607(a)(4)(C) and sec 9607(f). It specifies cleanup responsibilities and techniques. It defines natural resources to include the land, fish, wildlife, biota, air, water … controlled by the US, state or local government or, or if trust lands, .. any member of an Indian tribe…. EXCEPT TRIBES IN ALASKA. CERCLA is powerful legislation for tribes to enforce environmental protection and to recover damages to natural resources under (42 USC 9604) is amended by adding at the end of the definitions in section 104 of the Act the following:
“(k) Brownfields Revitalization Funding. (1) Definition of Eligible Entity- In this subsection, the term ‘eligible entity’ means- …….
(G) an Indian Tribe other than in Alaska, or
(H) an Alaska Native Regional Corporation and an Alaska Native Village Corporation as those terms are defined in the Alaska Native Claims Settlement Act (43 USC 1601 and following) and the Metlakatla Indian community.
The following provision specifically excludes ANCSA corporations. But it does so in the context of hazardous substances and in the field where the brownfields legislation excludes tribes from eligibility. Far from singling out tribes for protections, this is part of a scheme that singles tribes out for exclusion.
US CODE: TITLE 42,9601. DEFINITIONS
TITLE 42 - THE PUBLIC HEALTH AND WELFARE/CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY/SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION
(36) The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village but not including any Alaska Native regional or village corporation, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
Revisiting “Alaska Native Village” as envisioned in ANCSA.
What is a Native Village after sovereignty has been removed?
The ANCSA legislation has a complete answer, an ‘Indian Tribe’ is now called the “Native Village” and the Native Village exists only until its population drops below 25 members, becomes of a modern character, or becomes a majority of non-natives. This is disturbing because all three of these factors are outside the control of the membership. Under this a Tribe could cease to exist if for example measles contracted from blankets dropped the population below 25, or if flush toilets were deemed to constitute a modern nature, or if a mining company moved a construction camp next to a community doubling the population.
‘Indian Tribe’ and ‘Alaska Native Village’ specifically defined in ANCSA section 43 USC 1602c.
US CODE: TITLE 42,10101. DEFINITIONS
TITLE 42 - THE PUBLIC HEALTH AND WELFARE/CHAPTER 108 - NUCLEAR WASTE POLICY
(15) The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians, including any Alaska Native village, as defined in section 3(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602 (c)).
‘Alaska Native Village’ in section 1602c means those listed 1610 (with pop over 25)
TITLE 43 > CHAPTER 33 > § 1602
§ 1602. Definitions
For the purposes of this chapter, the term—
(b) “Native” means a citizen of the United States who is a person of one-fourth degree or more Alaska Indian (including Tsimshian Indians not enrolled in the Metlaktla [1] Indian Community) Eskimo, or Aleut blood, or combination thereof. The term includes any Native as so defined either or both of whose adoptive parents are not Natives. It also includes, in the absence of proof of a minimum blood quantum, any citizen of the United States who is regarded as an Alaska Native by the Native village or Native group of which he claims to be a member and whose father or mother is (or, if deceased, was) regarded as Native by any village or group. Any decision of the Secretary regarding eligibility for enrollment shall be final;
(c) “Native village” means any tribe, band, clan, group, village, community, or association in Alaska listed in sections 1610 and 1615 of this title, or which meets the requirements of this chapter, and which the Secretary determines was, on the 1970 census enumeration date (as shown by the census or other evidence satisfactory to the Secretary, who shall make findings of fact in each instance), composed of twenty-five or more Natives;
(d) “Native group” means any tribe, band, clan, village, community, or village association of Natives in Alaska composed of less than twenty-five Natives, who comprise a majority of the residents of the locality;
(g) “Regional Corporation” means an Alaska Native Regional Corporation established under the laws of the State of Alaska in accordance with the provisions of this chapter;
(j) “Village Corporation” means an Alaska Native Village Corporation organized under the laws of the State of Alaska as a business for profit or nonprofit corporation to hold, invest, manage and/or distribute lands, property, funds, and other rights and assets for and on behalf of a Native village in accordance with the terms of this chapter.[2]
ANCSA Village List
ANCSA has its own Native Village list different from the BIA List that tribes can be involuntarily removed on criteria outside their control: 25 people, not modern/urban, majority native.
Title 43, Chapter 33, section 1610
§ 1610. Withdrawal of public lands
(a) Description of withdrawn public lands; exceptions; National Wildlife Refuge lands exception; time of withdrawal
(1) The following public lands are withdrawn, subject to valid existing rights, from all forms of appropriation under the public land laws, including the mining and mineral leasing laws, and from selection under the Alaska Statehood Act, as amended:
(A) The lands in each township that encloses all or part of any Native village identified pursuant to subsection (b) of this section;
(B) The lands in each township that is contiguous to or corners on the township that encloses all or part of such Native village; and
(C) The lands in each township that is contiguous to or corners on a township containing lands withdrawn by paragraph (B) of this subsection.
The following lands are excepted from such withdrawal: lands in the National Park System and lands withdrawn or reserved for national defense purposes other than Naval Petroleum Reserve Numbered 4.
(2) All lands located within the townships described in subsection (a)(1) hereof that have been selected by, or tentatively approved to, but not yet patented to, the State under the Alaska Statehood Act are withdrawn, subject to valid existing rights, from all forms of appropriation under the public land laws, including the mining and mineral leasing laws, and from the creation of third party interests by the State under the Alaska Statehood Act.
(3)
(A) If the Secretary determines that the lands withdrawn by subsections (a)(1) and (2) hereof are insufficient to permit a Village or Regional Corporation to select the acreage it is entitled to select, the Secretary shall withdraw three times the deficiency from the nearest unreserved, vacant and unappropriated public lands. In making this withdrawal the Secretary shall, insofar as possible, withdraw public lands of a character similar to those on which the village is located and in order of their proximity to the center of the Native village: Provided, That if the Secretary, pursuant to section 1616, and 1621 (e) of this title determines there is a need to expand the boundaries of a National Wildlife Refuge to replace any acreage selected in the Wildlife Refuge System by the Village Corporation the withdrawal under this section shall not include lands in the Refuge.
(B) The Secretary shall make the withdrawal provided for in subsection (3)(A) hereof on the basis of the best available information within sixty days of December 18, 1971, or as soon thereafter as practicable.
(b) List of Native villages subject to chapter; review; eligibility for benefits; expiration of withdrawals for villages; alternative eligibility; eligibility of unlisted villages
(1) The Native villages subject to this chapter are as follows:
NAME OF PLACE AND REGION
Afognak, Afognak Island.
Akhiok, Kodiak.
Akiachak, Southwest Coastal Lowland.
Akiak, Southwest Coastal Lowland.
Akutan, Aleutian.
Alakanuk, Southwest Coastal Lowland.
Alatna, Koyukuk-Lower Yukon.
Aleknagik, Bristol Bay.
Allakaket, Koyukuk-Lower Yukon.
Ambler, Bering Strait.
Anaktuvuk, Pass, Arctic Slope.
Andreafsey, Southwest Coastal Lowland.
Aniak, Southwest Coastal Lowland.
Anvik, Koyukuk-Lower Yukon.
Arctic Village, Upper Yukon-Porcupine.
Atka, Aleutian.
Atkassok, Arctic Slope.
Atmautlauk, Southwest Coastal Lowland.
Barrow, Arctic Slope.
Beaver, Upper Yukon-Porcupine.
Belkofsky, Aleutian.
Bethel, Southwest Coastal Lowland.
Bill Moore’s, Southwest Coastal Lowland.
Biorka, Aleutian.
Birch Creek, Upper Yukon-Porcupine.
Brevig Mission, Bering Strait.
Buckland, Bering Strait.
Candle, Bering Strait.
Cantwell, Tanana.
Canyon Village, Upper Yukon-Porcupine.
Chalkyitsik, Upper Yukon-Porcupine.
Chanilut, Southwest Coastal Lowland.
Cherfornak, Southwest Coastal Lowland.
Chevak, Southwest Coastal Lowland.
Chignik, Kodiak.
Chignik Lagoon, Kodiak.
Chignik Lake, Kodiak.
Chistochina, Copper River.
Chitina, Copper River.
Chukwuktoligamute, Southwest Coastal Lowland.
Circle, Upper Yukon-Porcupine.
Clark’s Point, Bristol Bay.
Copper Center, Copper River.
Crooked Creek, Upper Kuskokwim.
Deering, Bering Strait.
Dillingham, Bristol Bay.
Dot Lake, Tanana.
Eagle, Upper Yukon-Porcupine.
Eek, Southwest Coastal Lowland.
Egegik, Bristol Bay.
Eklutna, Cook Inlet.
Ekuk, Bristol Bay.
Ekwok, Bristol Bay.
Elim, Bering Strait.
Emmonak, Southwest Coastal Lowland.
English Bay, Cook Inlet.
False Pass, Aleutian.
Fort Yukon, Upper Yukon-Porcupine.
Gakona, Copper River.
Galena, Koyukuk-Lower Yukon.
Gambell, Bering Sea.
Georgetown, Upper Kuskokwim.
Golovin, Bering Strait.
Goodnews Bay, Southwest Coastal Lowland.
Grayling, Koyukuk-Lower Yukon.
Gulkana, Copper River.
Hamilton, Southwest Coastal Lowland.
Holy Cross, Koyukuk-Lower Yukon.
Hooper Bay, Southwest Coastal Lowland.
Hughes, Koyukuk-Lower Yukon.
Huslia, Koyukuk-Lower Yukon.
Igiugig, Bristol Bay.
Iliamna, Cook Inlet.
Inalik, Bering Strait.
Ivanof Bay, Aleutian.
Kaguyak, Kodiak.
Katovik, Arctic Slope.
Kalskag, Southwest Coastal Lowland.
Kaltag, Koyukuk-Lower Yukon.
Karluk, Kodiak.
Kasigluk, Southwest Coastal Lowland.
Kiana, Bering Strait.
King Cove, Aleutian.
Kipnuk, Southeast Coastal Lowland.
Kivalina, Bering Strait.
Kobuk, Bering Strait.
Kokhanok, Bristol Bay.
Koliganek, Bristol Bay.
Kongiganak, Southwest Coastal Lowland.
Kotlik, Southwest Coastal Lowland.
Kotzebue, Bering Strait.
Koyuk, Bering Strait.
Koyukuk, Koyukuk-Lower Yukon.
Kwethluk, Southwest Coastal Lowland.
Kwigillingok, Southwest Coastal Lowland.
Larsen Bay, Kodiak.
Levelock, Bristol Bay.
Lime Village, Upper Kuskokwim.
Lower Kalskag, Southwest Coastal Lowland.
McGrath, Upper Kuskokwim.
Makok, Koyukuk-Lower Yukon.
Manley Hot Springs, Tanana.
Manokotak, Bristol Bay.
Marshall, Southwest Coastal Lowland.
Mary’s Igloo, Bering Strait.
Medfra, Upper Kuskokwim.
Mekoryuk, Southwest Coastal Lowland.
Mentasta Lake, Copper River.
Minchumina Lake, Upper Kuskokwim.
Minto, Tanana.
Mountain Village, Southwest Coastal Lowland.
Nabesna Village, Tranana.
Naknek, Bristol Bay.
Napaimute, Upper Kuskokwim.
Napakiak, Southwest Coastal Lowland.
Napaskiak, Southwest Coastal Lowland.
Nelson Lagoon, Aleutian.
Nenana, Tanana.
Newhalen, Cook Inlet.
New Stuyahok, Bristol Bay.
Newtok, Southwest Coastal Lowland.
Nightmute, Southwest Coastal Lowland.
Nikolai, Upper Kuskokwim.
Nikolski, Aleutian.
Ninilchik, Cook Inlet.
Noatak, Bering Strait.
Nome, Bering Strait.
Nondalton, Cook Inlet.
Nooiksut, Arctic Slope.
Noorvik, Bering Strait.
Northeast Cape, Bering Sea.
Northway, Tanana.
Nulato, Koyukuk-Lower Yukon.
Nunapitchuk, Southwest Coastal Lowland.
Ohogamiut, Southwest Coastal Lowland.
Old Harbor, Kodiak.
Oscarville, Southwest Coastal Lowland.
Ouzinkie, Kodiak.
Paradise, Koyukuk-Lower Yukon.
Pauloff Harbor, Aleutian.
Pedro Bay, Cook Inlet.
Perryville, Kodiak.
Pilot Point, Bristol Bay.
Pilot Station, Southwest Coastal Lowland.
Pitkas Point, Southwest Coastal Lowland.
Platinum, Southwest Coastal Lowland.
Point Hope, Arctic Slope.
Point Lay, Arctic Slope.
Portage Creek (Ohgsenakale), Bristol Bay.
Port Graham, Cook Inlet.
Port Heiden (Meshick), Aleutian.
Port Lions, Kodiak.
Quinhagak, Southwest Coastal Lowland.
Rampart, Upper Yukon-Porcupine.
Red Devil, Upper Kuskokwim.
Ruby, Koyukuk-Lower Yukon.
Russian Mission or Chauthalue (Kuskokwim), Upper Kuskokwim.
Russian Mission (Yukon), Southwest Coastal Lowland.
St. George, Aleutian.
St. Mary’s, Southwest Coastal Lowland.
St. Michael, Bering Strait.
St. Paul, Aleutian.
Salamatof, Cook Inlet.
Sand Point, Aleutian.
Savonoski, Bristol Bay.
Savoonga, Bering Sea.
Scammon Bay, Southwest Coastal Lowland.
Selawik, Bering Strait.
Seldovia, Cook Inlet.
Shageluk, Koyukuk-Lower Yukon.
Shaktoolik, Bering Strait.
Sheldon’s Point, Southwest Coastal Lowland.
Shishmaref, Bering Strait.
Shungnak, Bering Strait.
Slana, Copper River.
Sleetmute, Upper Kuskokwim.
South Naknek, Bristol Bay.
Squaw Harbor, Aleutian.
Stebbins, Bering Strait.
Stevens Village, Upper Yukon-Porcupine.
Stony River, Upper Kuskokwim.
Takotna, Upper Kuskokwim.
Tanacross, Tanana.
Tanana, Koyukuk-Lower Yukon.
Tatilek, Chugach.
Tazlina, Copper River.
Telida, Upper Kuskokwim.
Teller, Bering Strait.
Tetlin, Tanana.
Togiak, Bristol Bay.
Toksook Bay, Southwest Coastal Lowland.
Tulusak, Southwest Coastal Lowland.
Tuntutuliak, Southwest Coastal Lowland.
Tununak, Southwest Coastal Lowland.
Twin Hills, Bristol Bay.
Tyonek, Cook Inlet.
Ugashik, Bristol Bay.
Unalakleet, Bering Strait.
Unalaska, Aleutian.
Unga, Aleutian.
Uyak, Kodiak.
Venetie, Upper Yukon-Porcupine.
Wainwright, Arctic Slope.
Wales, Bering Strait.
White Mountain, Bering Strait.
(2) Within two and one-half years from December 18, 1971, the Secretary shall review all of the villages listed in subsection (b)(1) hereof, and a village shall not be eligible for land benefits under section 1613 (a) and (b) of this title, and any withdrawal for such village shall expire, if the Secretary determines that—
(A) less than twenty-five Natives were residents of the village on the 1970 census enumeration date as shown by the census or other evidence satisfactory to the Secretary, who shall make findings of fact in each instance; or
(B) the village is of a modern and urban character, and the majority of the residents are non-Native.
Any Native group made ineligible by this subsection shall be considered under section 1613 (h) of this title.
(3) Native villages not listed in subsection (b)(1) hereof shall be eligible for land and benefits under this chapter and lands shall be withdrawn pursuant to this section if the Secretary within two and one-half years from December 18, 1971, determines that—
(A) twenty-five or more Natives were residents of an established village on the 1970 census enumeration date as shown by the census or other evidence satisfactory to the Secretary, who shall make findings of fact in each instance; and
(B) the village is not of a modern and urban character, and a majority of the residents are Natives.