HR 2687 — Alaska Native Settlement Trust Eligibility Act

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 ALASKA NATIVE CLAIMS SETTLEMENT ACT

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 relation to other programs

 Sec. 29. (a) The payments and grants authorized under this 
Act 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) Notwithstanding section 5(a) and any other provision of 
the Food Stamp Act of 1964 (78 Stat. 703), as amended, 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 the Settlement Act shall 
be disregarded.
 (c) In determining the eligibility of a household, an 
individual Native, or a descendant of a Native (as defined in 
section 3(r)) to--
 (1) participate in the Food Stamp Program,
 (2) receive aid, assistance, or benefits, based on 
 need, under the Social Security Act, 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 
 7(h) 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.]
 (E) an interest in a Settlement Trust and, for the 5-
 year period beginning on the date of the enactment of 
 the Alaska Native Settlement Trust Eligibility Act, 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 
 (42 U.S.C. 1382c(a))).
 (d) 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)(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 the date of enactment of the Alaska Native 
 Claims Settlement Act Amendments of 1987.
 (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) Contracting with an entity defined in subsections 
 (e)(1) or (e)(2) of this section or section 3(c) of 
 Public Law 93-262 shall be credited towards the 
 satisfaction of a contractor's small or small 
 disadvantaged business subcontracting goals under 
 section 502 of P.L. 100-656, provided that where lower 
 tier subcontractors exist, the entity shall designate 
 the appropriate contractor or contractors to receive 
 such credit.
 (C) Any entity that satisfies subsection (e)(1) or 
 (e)(2)of this section that has been certified under 
 section 8 of Public Law 85-536 is a Disadvantaged 
 Business Enterprise for the purposes of Public Law 105-
 178.
 (f)(1) Section 3 of Public Law 97-451 (96 Stat. 2448) is 
amended by inserting ``or which is administered by the United 
States pursuant to section 14(g) of Public Law 92-203, as 
amended'' after ``alienation'' in subsection (3) and subsection 
(4).
 (2) The amendment made by paragraph (1) shall be effective as 
if originally included in section 3 of Public Law 97-451.
 (g) For the purposes of implementation of the Civil Rights 
Act of 1964, 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, or successor statutes.

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