I am not here to throw a wrench in the arguments published by these Alaska Native Regional Corporation leaders; however this is a very complex issue.
The bottom line is that the United States Congress included in the CARES ACT language to include Alaska Native Corporations as Tribes “for the purposes of the CARES Act funding distribution”.
What has spiraled out of control is a mischaracterization presented here of the level of responsibility over Alaska Native people, infrastructure, and well-being by these corporations.
The bottom line is this: those programs, functions, services and activities remain (largely) an inherent federal responsibility – unless there is a Tribal Compact Agreement in place – otherwise known as 638 compacting.
If Alaska Native Corporations (ANCSA) are arguing that they are in fact responsible, then there needs to be new laws enacted such as Casino Tribes per capita laws.
Because those per capita laws require a large percentage of CASINO REVENUE to be distributed to individual Tribal Members. Which is why Tribal Members (even of smaller casino proceeds) receive $10,000 per month!
Alaska Native Corporations participating in the SBA 8(a) program IN EARLIER YEARS, were allowed to pay their federal “rainmakers” a 1 or 2% of annual REVENUE.
This practice made very FEW people, who are non-shareholders very rich.
This also left shareholders receiving whatever the ANC board of directors decided for an annual dividend- as an afterthought – as opposed to a forethought like they willingly negotiated in the forefront with said “rainmakers”.
This is where State Law needs to weigh in to mandate Alaska Native Shareholder Rights.
Consider this: Alaska Native Regional Corporations own the subsurface rights to the land, and the Village Corporations own the surface rights of the land.
The Federal Government enacted ANCSA, but the STATE Of Alaska Government has jurisdiction over the Alaska Native Corporate laws INCLUDING Shareholder Rights.
To sum this up, Per Capita laws protecting the Lower 48 Tribal Member interests are housed in the State Compact Agreements between the Casino Tribes and those respective State Governments. They are not in Federal National Indian Gaming Laws.
It is time for shareholders to demand more – know what their rights are- and what governmental body has jurisdiction to protect Alaska Native Shareholder Rights!!