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Corporate
  • Issuance of shares
  • Rights and responsibilities of, and relationships between, shareholders, directors, officers and employees
  • Shareholder meetings
  • Transfer of shares by gift, inheritance, court order, and other alienation of shares
  • Business organization and operations
Government
  • Relationships between Native corporations, tribes and Alaska Natives and governments and governmental bodies
  • Compliance with securities and proxy laws and regulations
  • Compliance with tax laws and regulations
  • Compliance with environmental laws and regulations
  • Compliance with other laws and regulations
Land
  • Selection and conveyance of land
  • Distribution of land required by ANCSA or to shareholders (14(c) and other means)
  • Management of land (easements, trespass, etc.)
  • Use and development of land, and restrictions on use and development
  • Land bank protections
Money
  • Distributions to shareholders
  • Contributions to settlement trusts
  • Payments among Native corporations (section 7(i))
Settlement Trust
  • Creation and operation
  • Restrictions
  • Contributions to settlement trusts
  • Distributions by settlement trusts
Third-Party
  • Rights and relationships with creditors, vendors, etc.
  • Enforcement of claims and rights by and against third parties, other than other Native corporations and governmental agencies
Tribal
  • Rights and responsibilities of, and relationships between, tribes, tribal members, tribal councils, etc.
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A Styles & Implementation Guide

Citation: Citation (Meta Serif, light, 28px, gray). The title above is (Meta Serif, light italic, 42px). Year: 1999 Topics: Money | Settlement Trust last updated: 4/9/24

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Ahtna, Inc. v. State of Alaska, Department of Natural Resources and Department of Transportation & Public Facilities

Citation: 520 P.3d 131 (Alaska 2022) Year: 2022 Topics: Government | Land | Tribal last updated: 4/19/24

ANCSA retroactively extinguished aboriginal land title when there had been a conveyance prior to ANCSA. So, prior aboriginal ownership of land did not prevent the State of Alaska from acquiring a right of way under R.S. 2477 over “public land.” R.S. 2477 right of aways are limited to “highway purposes,” which is broader than mere ingress and egress but does require a connection to facilitating highway transportation.

Ahtna, Inc. v. State of Alaska, Department of Transportation & Public Facilities

Citation: ___ P.3d ___ (Alaska 2013) Year: 2013 Topics: Government | Land last updated: 4/25/24

BLM waiver of administration may transfer administration of perpetual material site right-of-way grant to Native corporation that received conveyance of the affected land (not decided), but under terms of grant Native corporation did not have authority to terminate grant without state’s consent.

Akiachak Native Community v. Salazar

Citation: 06-969 (RC) (U.S. District Court for the District of Columbia 2013) Year: 2013 Topics: Government | Land | Tribal last updated: 4/2/24

ANCSA does not deprive Secretary of Interior of authority to take Alaska land into trust on behalf of Alaska Natives and tribes.

Boy Dexter Ogle vs. Salamatof Native Association, Inc.

Citation: 906 F. Supp. 1321 (1995), U.S. District Court for the District of Alaska Year: 1995 Topics: Corporate | Land | Third Party last updated: 5/22/24

Application of due process to village corporation processing of claims for reconveyances under section 14(c)

City of Seldovia, Alaska vs. Seldovia Native Association, Inc.

Citation: A89-252 Civil, United States District Court for the District of Alaska Year: 1998 Topics: Corporate | Government | Land last updated: 3/6/24

Procedure for Village corporation and municipality to resolve disputes regarding reconveyances under section 14(c) and scope of municipality’s entitlement

Conitz vs. Teck Alaska Incorporated

Citation: 4:09-cv-0020-RRB (U.S. District Court of the District of Alaska 2010) Year: 2010 Topics: Corporate | Government | Third Party last updated: 6/7/24

Reaffirming that shareholder hiring preference does not violate Civil Rights laws

Conitz vs. Teck Cominco Alaska, Inc. and NANA Regional Corporation

Citation: 4:06-cv-0015-RRB (U.S. District Court of the District of Alaska 2008) (affirmed by Ninth Circuit Court of Appeals August 10, 2009) Year: 2009 Topics: Corporate | Government | Third Party last updated: 5/30/24

Shareholder preference for NANA shareholders does not violate state or federal anti-discrimination law

Cook Inlet Region, Inc. vs. Robert Rude and Harold Rudolph

Citation: 690 F.3d 1127 (9th Cir. 2012) Year: 2012 Topics: Corporate last updated: 5/29/24

Alleged violation of antifraud provision of state securities law, which was incorporated into ANCSA regarding shareholder petition to lift alienability restrictions, raised federal question and therefore was within federal court jurisdiction.

Eklutna, Inc. vs. Municipality of Anchorage

Citation: 3AN-97- 637 Civil, Third Judicial District, Superior Court for the State of Alaska (1997) Year: 1997 Topics: Government | Land last updated: 4/9/24

Large downtown lot is “developed” (and therefore taxable) whether or not it is a “remainder parcel,” but subdivision does not automatically cause lot to be “developed” under 43 U.S.C. 1620(d) or 43 U.S.C. 1636(d).

Hanson vs. Kake Tribal Corporation

Citation: 939 P.2d 1320 (Alaska 1997) Year: 1997 Topics: Corporate | Money last updated: 6/7/24

Village corporation may not discriminate between shareholders when distributing corporate assets

Henrichs et al. vs. Chugach Alaska Corporation

Citation: 260 P3d 1036 (Alaska 2011) Year: 2011 Topics: Corporate last updated: 4/4/24

Corporation-shareholder matters: inspection of records, elections, proxy statements and other matters

Holmes vs. Wolf

Citation: 243 P.3d 584 (Alaska, 2010) Year: 2010 Topics: Corporate last updated: 7/23/24

Village corporation failure to provide annual reports and hold annual meetings; board of directors fiduciary duties.

Hotch v. Klukwan, Inc.

Citation: Superior Court for the State of Alaska (2012) Case No. 1PE-09-76 CI Year: 2012 Topics: Settlement Trust last updated: 4/19/24

ANCSA corporation has exclusive authority to appoint and remove trustees of settlement trust; beneficiaries cannot. The Superior Court can remove trustees, but cannot appoint them. Corporation board may be required to appoint trustees separate from directors.

In re Darrell J. Totemoff

Citation: Case No. 3AN-16-00506 PR (Alaska Superior Court, April 26. 2016) Year: 2016 Topics: Corporate last updated: 4/9/24

Inheritance of Native corporation shares to be decided initially by issuing Native corporation. Dispute cannot be raised in probate court proceeds; an independent action may be filed in the Superior Court.

In re Sitnasuak Native Corporation

Citation: Order No. 15-1531-S (2016) Year: 2016 Topics: Corporate last updated: 4/9/24

Violation of proxy regulations requiring disclosure of previous employment.

Jimerson vs. Tetlin Native Corporation

Citation: 144 P.3d 470 (Alaska 2006) Year: 2006 Topics: Corporate last updated: 2/24/24

Village corporation may not redeem shares as part of litigation settlement with shareholders.

Koniag, Inc. v. Pagano, Pagano and Swensen

Citation: Superior Court for the State of Alaska (1999) Year: 1999 Topics: Corporate last updated: 6/28/24

False and misleading non-board proxy solicitation under state proxy regulations.

Koniag, Inc. vs. Koncor Forest Resource Management Company et al.

Citation: 3 F.3d 991 (9th Cir. 1994) Year: 1994 Topics: Land last updated: 2/24/24

Reciprocal sand and gravel rights of village and regional corporations

Leisnoi, Inc. vs. Stratman

Citation: 154 F.3d 1062 (9th Cir. 1998) Year: 1998 Topics: Land last updated: 5/29/24

Lands covered by ANCSA § 14(f) village consent requirement for subsurface development

Nelson vs. Arviq, Inc.

Citation: 3:09-cv-00030-TMB (U.S. District Court of the District of Alaska, April 27, 2011) Year: 2011 Topics: Government | Land last updated: 6/28/24

Federal District Court does not have jurisdiction to decide merits of 14(c) application before the Village corporation has made a decision on the 14(c) application, but the applicant may be able to obtain mandamus to compel the Village corporation to make a decision

Notti v. Cook Inlet Region, Inc.

Citation: Case No. J00-20 CV (JWS), May 1, 2001 - United States District Court for the District of Alaska (2001) Year: 2001 Topics: Corporate last updated: 5/29/24

Preferential elders dividend authorized by ANCSA § 7(r).

Pederson v. Arctic Slope Regional Corporation

Citation: Alaska Supreme Court (Op. No. 6939, August 8, 2014) Year: 2014 Topics: Corporate last updated: 4/19/24

Shareholder request to inspect and copy corporate books and records and minutes, and corporation’s requirement that shareholder sign confidentiality agreement.

Pederson v. Arctic Slope Regional Corporation 2022

Citation: 517 P.3d 606 (Alaska 2022) Year: 2022 Topics: Corporate last updated: 4/19/24

Purpose of shareholder request to inspect records must be derived from the totality of the written request. Suspecting “shenanigans” may be sufficient proper purpose. So is auditing executive compensation.

Polly Creek Estate Trust, et al v. Knikatnu Inc. and Tyonek Native Corporation

Citation: 3:09-cv-00069-TMB, document 47 (U.S. District Court of the District of Alaska, September 13, 2010) Year: 2010 Topics: Land last updated: 4/26/24

14(c)(1) site does not include airstrip to access 14(c)(1) site; airstrips are to be conveyed to governmental body under 14(c)(4)

Rude and New Alliance for the Future of CIRI, Inc. vs. Cook Inlet Region, Inc.

Citation: 294 P.3d 76 (Alaska 2012) Year: 2012 Topics: Corporate last updated: 5/30/24

Numerous defects in dissident shareholders’ proxy solicitation justified voiding proxies; CIRI not required to facilitate dissident solicitation; management authority of board vs. shareholders, and other matters.

Rude, Rudolph, Nicoli vs. Cook Inlet Region, Inc.

Citation: ___ P.3d ___ (Op. No. 6887 – April 11, 2014) Year: 2014 Topics: Corporate last updated: 5/2/24

Cannot cumulate votes when a candidate withdraws if proxy does not provide that authority; corporation may hold annual meetings in Washington; and other matters

Sierra v. Goldbelt, Inc.

Citation: 25 P.3d 697 (Alaska 2001) Year: 2001 Topics: Corporate | Money last updated: 7/24/24

Urban corporation may issue a benefit, in the form of elders shares, to original shareholders whether or not they are current shareholders.

Stratman vs. Leisnoi, Inc.

Citation: Case No. 3:02-cv-00290 (JKS), U.S. District Court, September 26, 2007 Year: 2007 Topics: Corporate last updated: 3/28/24

U.S. District Court decision dismissing challenge to eligibility of Leisnoi as a village corporation under section 11(b)(3) due to Congressional action recognizing the village.

Stratman vs. Leisnoi, Inc.

Citation: Case No. 3:02-cv-00290 (JKS), U.S. District Court, September 26, 2007 Year: 1999 Topics: Corporate last updated: 7/23/24

U.S. District Court decision dismissing challenge to eligibility of Leisnoi as a village corporation under section 11(b)(3) due to Congressional action recognizing the village.

Williams v. Bristol Bay Native Corporation

Citation: Case No. 3AN-18-06416 CI Year: 2018 Topics: Corporate last updated: 4/19/24

BBNC Stock transfer to inheritors dispute

Yellen v. Confederated Tribes of Chehalis Reservation

Citation: 141 S.Ct. 2434 (2021), Supreme Court of the United States Year: 2021 Topics: Corporate | Money | Tribal last updated: 4/24/24

Federally recognized Indian tribes brought actions challenging Treasury Secretary’s announcement that Alaska Native regional and village corporations (ANC) were eligible for emergency aid set aside for tribal governments under Coronavirus Aid, Relief, and Economic Security (CARES) Act.