Home > 104th Congressional Public Laws > Pub.L. 104-100 To designate the United States Post Office building located at 24 Corliss Street, Providence, Rhode Island, as the ``Harry Kizirian Post Office Building''. <> ...

Pub.L. 104-100 To designate the United States Post Office building located at 24 Corliss Street, Providence, Rhode Island, as the ``Harry Kizirian Post Office Building''. <> ...


Google
 
Web GovRecords.org

<DOC>



[[Page 109 STAT. 155]]

Public Law 104-10
104th Congress

                                 An Act


 
  To amend the Alaska Native Claims Settlement Act to provide for the 
      purchase of common stock of Cook Inlet Region, and for other 
             purposes. <<NOTE: May 18, 1995 -  [H.R. 421]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PURCHASE OF SETTLEMENT COMMON STOCK OF COOK INLET REGION.

    (a) In General.--Section 7(h) of the Alaska Native Claims Settlement 
Act (43 U.S.C. 1606(h)) is amended by adding at the end the following 
new paragraph:
    ``(4)(A) As used in this paragraph, the term `Cook Inlet Regional 
Corporation' means Cook Inlet Region, Incorporated.
    ``(B) The Cook Inlet Regional Corporation may, by an amendment to 
its articles of incorporation made in accordance with the voting 
standards under section 36(d)(1), purchase Settlement Common Stock of 
the Cook Inlet Regional Corporation and all rights associated with the 
stock from the shareholders of Cook Inlet Regional Corporation in 
accordance with any provisions included in the amendment that relate to 
the terms, procedures, number of offers to purchase, and timing of 
offers to purchase.
    ``(C) Subject to subparagraph (D), and notwithstanding paragraph 
(1)(B), the shareholders of Cook Inlet Regional Corporation may, in 
accordance with an amendment made pursuant to subparagraph (B), sell the 
Settlement Common Stock of the Cook Inlet Regional Corporation to 
itself.
    ``(D) No sale or purchase may be made pursuant to this paragraph 
without the prior approval of the board of directors of Cook Inlet 
Regional Corporation. Except as provided in subparagraph (E), each sale 
and purchase made under this paragraph shall be made pursuant to an 
offer made on the same terms to all holders of Settlement Common Stock 
of the Cook Inlet Regional Corporation.
    ``(E) To recognize the different rights that accrue to any class or 
series of shares of Settlement Common Stock owned by stockholders who 
are not residents of a Native village (referred to in this paragraph as 
`non-village shares'), an amendment made pursuant to subparagraph (B) 
shall authorize the board of directors (at the option of the board) to 
offer to purchase--
            ``(i) the non-village shares, including the right to share 
        in distributions made to shareholders pursuant to subsections 
        (j) and (m) (referred to in this paragraph as `nonresident 
        distribution rights'), at a price that includes a premium, in 
        addition to the amount that is offered for the purchase of other 
        village shares of Settlement Common Stock of the Cook Inlet

[[Page 109 STAT. 156]]

        Regional Corporation, that reflects the value of the nonresident 
        distribution rights; or
            ``(ii) non-village shares without the nonresident 
        distribution rights associated with the shares.

    ``(F) Any shareholder who accepts an offer made by the board of 
directors pursuant to subparagraph (E)(ii) shall receive, with respect 
to each non-village share sold by the shareholder to the Cook Inlet 
Regional Corporation--
            ``(i) the consideration for a share of Settlement Common 
        Stock offered to shareholders of village shares; and
            ``(ii) a security for only the nonresident rights that 
        attach to such share that does not have attached voting rights 
        (referred to in this paragraph as a `non-voting security').

    ``(G) An amendment made pursuant to subparagraph (B) shall authorize 
the issuance of a non-voting security that--
            ``(i) shall, for purposes of subsections (j) and (m), be 
        treated as a non-village share with respect to--
                    ``(I) computing distributions under such 
                subsections; and
                    ``(II) entitling the holder of the share to the 
                proportional share of the distributions made under such 
                subsections;
            ``(ii) may be sold to Cook Inlet Region, Inc.; and
            ``(iii) shall otherwise be subject to the restrictions under 
        paragraph (1)(B).

    ``(H) Any shares of Settlement Common Stock purchased pursuant to 
this paragraph shall be canceled on the conditions that--
            ``(i) non-village shares with the nonresident rights that 
        attach to such shares that are purchased pursuant to this 
        paragraph shall be considered to be--
                    ``(I) outstanding shares; and
                    ``(II) for the purposes of subsection (m), shares of 
                stock registered on the books of the Cook Inlet Regional 
                Corporation in the names of nonresidents of villages;
            ``(ii) any amount of funds that would be distributable with 
        respect to non-village shares or non-voting securities pursuant 
        to subsection (j) or (m) shall be distributed by Cook Inlet 
        Regional Corporation to itself; and
            ``(iii) village shares that are purchased pursuant to this 
        paragraph shall be considered to be--
                    ``(I) outstanding shares, and
                    ``(II) for the purposes of subsection (k) shares of 
                stock registered on the books of the Cook Inlet Regional 
                Corporation in the names of the residents of villages.

    ``(I) Any offer to purchase Settlement Common Stock made pursuant to 
this paragraph shall exclude from the offer--
            ``(i) any share of Settlement Common Stock held, at the time 
        the offer is made, by an officer (including a member of the 
        board of directors) of Cook Inlet Regional Corporation or a 
        member of the immediate family of the officer; and
            ``(ii) any share of Settlement Common Stock held by any 
        custodian, guardian, trustee, or attorney representing a 
        shareholder of Cook Inlet Regional Corporation in fact or law, 
        or any other similar person, entity, or representative.

    ``(J)(i) The board of directors of Cook Inlet Regional Corporation, 
in determining the terms of an offer to purchase made under this 
paragraph, including the amount of any premium paid with

[[Page 109 STAT. 157]]

respect to a non-village share, may rely upon the good faith opinion of 
a recognized firm of investment bankers or valuation experts.
    ``(ii) Neither Cook Inlet Regional Corporation nor a member of the 
board of directors or officers of Cook Inlet Regional Corporation shall 
be liable for damages resulting from terms made in an offer made in 
connection with any purchase of Settlement Common Stock if the offer was 
made--
            ``(I) in good faith;
            ``(II) in reliance on a determination made pursuant to 
        clause (i); and
            ``(III) otherwise in accordance with this paragraph.

    ``(K) The consideration given for the purchase of Settlement Common 
Stock made pursuant to an offer to purchase that provides for such 
consideration may be in the form of cash, securities, or a combination 
of cash and securities, as determined by the board of directors of Cook 
Inlet Regional Corporation, in a manner consistent with an amendment 
made pursuant to subparagraph (B).
    ``(L) Sale of Settlement Common Stock in accordance with this 
paragraph shall not diminish a shareholder's status as an Alaska Native 
or descendant of a Native for the purpose of qualifying for those 
programs, benefits and services or other rights or privileges set out 
for the benefit of Alaska Natives and Native Americans. Proceeds from 
the sale of Settlement Common Stock shall not be excluded in determining 
eligibility for any needs-based programs that may be provided by 
Federal, State or local agencies.''.
    (b) Conforming Amendment.--Section 8(c) of such Act (43 U.S.C. 
1607(c)) is amended by striking ``(h)'' and inserting ``(h) (other than 
paragraph (4))''.

    Approved May 18, 1995.

LEGISLATIVE HISTORY--H.R. 421 (S. 444) (S. 719):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 104-40 (Comm. on Resources).
SENATE REPORTS: Nos. 104-20 accompanying S. 444 and 104-49 accompanying 
S. 719 (both from Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 141 (1995):
            Mar. 14, considered and passed House.
            Apr. 25, considered and passed Senate.

                                  <all>

Pages: 1

Other Popular 104th Congressional Public Laws Documents:

1 Pub.L. 104-293 To authorize appropriations for fiscal year 1997 for intelligence and ...
2 Pub.L. 104-212 To revise the boundary of the North Platte National Wildlife Refuge, to expand the Pettaquamscutt Cove National Wildlife Refuge, and for other purposes. <> ...
3 Pub.L. 104-237 To prevent the illegal manufacturing and use of methamphetamine. <> ...
4 Pub.L. 104-126 Granting the consent of Congress to the Vermont-New Hampshire Interstate Public Water Supply Compact. <> ...
5 Pub.L. 104-316 To amend laws authorizing auditing, reporting, and other functions by the General Accounting Office. <> ...
6 Pub.L. 104-235 To modify and reauthorize the Child Abuse Prevention and Treatment Act, and for other purposes. <> ...
7 Pub.L. 104-260 To amend the Clean Air Act to provide that traffic signal synchronization projects are exempt from certain requirements of Environmental Protection Agency Rules. <> ...
8 Pub.L. 104-101 To designate the Federal building located at 1550 Dewey Avenue, Baker City, Oregon, as the ``David J. Wheeler Federal Building''. <> ...
9 Pub.L. 104-189 To redesignate the Dunning Post Office in Chicago, Illinois, as the ``Roger P. McAuliffe Post Office''. <> ...
10 Pub.L. 104-140 Making corrections to Public Law 104-134. <> ...
11 Pub.L. 104-3 To amend the charter of the Veterans of Foreign Wars to make eligible for membership those veterans that have served within the territorial limits of South Korea. <> ...
12 Pub.L. 104-239 To amend the Merchant Marine Act, 1936 to revitalize the United States- flag merchant marine, and for other purposes. <> ...
13 Pub.L. 104-253 To increase the amount authorized to be appropriated to the Department of the Interior for the Tensas River National Wildlife Refuge, and for other purposes. <> ...
14 Pub.L. 104-23 To direct the Secretary of the Interior to convey the Corning National Fish Hatchery to the State of Arkansas. <> ...
15 Pub.L. 104-9 To amend the Commodity Exchange Act to extend the authorization for the Commodity Futures Trading Commission, and for other purposes. <> ...
16 Pub.L. 104-123 To provide for the exchange of lands within Admiralty Island National Monument, and for other purposes. <> ...
17 Pub.L. 104-173 To provide for the extension of certain hydroelectric projects located in the State of West Virginia. <> ...
18 Pub.L. 104-202 To name the Department of Veterans Affairs medical center in Jackson, Mississippi, as the ``G.V. (Sonny) Montgomery Department of Veterans Affairs Medical Center''. <> ...
19 Pub.L. 104-306 To extend certain programs under the Energy Policy and Conservation Act through September 30, 1997. <> ...
20 Pub.L. 104-258 To extend the deadline for commencement of construction of a hydroelectric project in the State of Kentucky. <> ...
21 Pub.L. 104-231 To amend section 552 of title 5, United States Code, popularly known as the Freedom of Information Act, to provide for public access to information in an electronic format, and for other purposes. <> %%File...
22 Pub.L. 104-36 To amend the Small Business Act and the Small Business Investment Act of 1958 to reduce the cost to the Federal Government of guaranteeing certain loans and debentures, and for other purposes. <> ...
23 Pub.L. 104-242 [[Page 110 STAT. 3142]] To extend the time for construction of certain FERC licensed hydro projects. <> ...
24 Pub.L. 104-118 Making further continuing appropriations for the fiscal year 1996, and for other purposes. <> ...
25 Pub.L. 104-302 To extend the authorized period of stay within the United States for certain nurses. <> ...
26 Pub.L. 104-167 Entitled the ``Mollie Beattie Wilderness Area Act''. <> ...
27 Pub.L. 104-198 To confer jurisdiction on the United States Court of Federal Claims with respect to land claims of Pueblo of Isleta Indian Tribe. <> ...
28 Pub.L. 104-99 Making appropriations for fiscal year 1996 to make a downpayment toward a balanced budget, and for other purposes. <> ...
29 Pub.L. 104-246 To provide for the extension of a hydroelectric project located in the State of West Virginia. <> ...
30 Pub.L. 104-154 To designate the bridge, estimated to be completed in the year 2000, ...


Other Documents:

104th Congressional Public Laws Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy