Doyon, Ltd. v. Bristol Bay Native Corp.

ERA V — Overlay of Federal Land & Subsistence Law
Court Case
1985

ANCSA’s primary purpose is to provide a “fair and just settlement of all claims by Natives and Native groups of Alaska, based on aboriginal land claims.” 43 U.S.C. § 1601(a). Accordingly, each of the twelve regions has been subdivided into villages, and the Alaska Native Village Corporations (Village Corporations) have been established. 43 U.S.C. § 1607.

What Happened

We conclude that: (1) the term “Native” in certain portions of the Act was intended to refer to stockholders of the Regional Corporations, and that legislative history demonstrates that only stockholders were intended to be counted in calculating distributive shares for each Regional Corporation; (2) appellants’ argument for equality of benefits is viable in absence of evidence that Doyon and Bering Straits need a greater per-shareholder amount in order to provide services to villages holding land in fee; and (3) this Court will give great deference to the interpretation of the Secretary, the federal official with responsibility for administering the Act.After completion of the roll prepared pursuant to section 1604 of this title, all money in the Fund, . . . shall be distributed . . . on the basis of the relative numbers of Natives enrolled in each region. (emphasis added)Based on this language, according to the district court, Natives who are not stockholders are to be included to determine the distributive share for Doyon and Bering Straits even though they may not participate in the distribution. We disagree.

Why It Matters Today

Adds precedent that influences how ANCSA corporations, regulators, and shareholders interpret governance rights and remedies.

Related Patterns

Pattern 7: Cultural Expectations vs. Corporate Law

Related Governance Themes

No items found.

Sources

Primary Source
Secondary Source Link