Sec. 1626. - Relation to other programs
| TITLE 43 > CHAPTER 33 > § 1626 |
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§ 1626. Relation to other programs |
| Release date: 2003-07-24 |
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(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—
(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;
(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—
(3)
No provision of this subsection shall—
(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.
(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.
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