2016 Symposium

Adapting for the Next Generation:

The Alaska Native Claims Settlement Act at 45 and

32nd Annual Alaska Native Law Conference

ALR’s Adapting for the Next Generation Symposium was held Friday October 14, 2016, at the University of Alaska, Anchorage. All presentation materials and symposium recordings are now available for online access at the UAA Justice Center’s webpage.

I. Symposium Summary

The Alaska Native Claims Settlement Act (“ANCSA”), enacted on December 18, 1971, was passed with the hope that it would address “the real economic and social needs of Natives, without litigation, with maximum participation by Natives in decisions affecting their rights and property.” 43 U.S.C. §1601(b).

It has now been 45 years since the passage of ANCSA, and accomplishing this goal remains an ongoing challenge. The litigation and legislation arising from ANCSA have touched all aspects of the Alaska Native tribes that existed before ANCSA, as well as the regional and village corporations that were created after ANCSA.

Though many legal and business issues have been at least partially resolved, a variety of questions still remain, ranging from jurisdiction to land ownership and use to shareholder rights. The Alaska Native leaders integral to the passage of ANCSA are now passing on the mantle to a new generation of Native leaders who will shape the future of ANCSA and of Alaska Natives.

This symposium provides a forum to bring together different voices from Alaska Native non-profits and corporations, attorneys practicing Alaska Native law, members of academia, and other policymakers to discuss these emerging legal issues.

This symposium was co-sponsored by the Alaska Law Review of the Duke University School of Law, the University of Alaska – Anchorage Justice Center, and the Alaska Bar Association, Alaska Native Law Section.

II. Schedule of Events

The following represents the schedule of the symposium’s events:

8:00am–8:30am: Arrivals & CLE Registration
8:30am–8:45am: Introductory Comments (ALR, UAA Justice Center, and Alaska Native Law Section Co-Chairs)
8:45am–9:15am: Keynote Speaker (Raina Thiele, former Associate Director of Intergovernmental Affairs and Public Engagement for the White House), Introduction by Bruce Anders, CIRI
9:15am-10:30am: Panel IANCSA and the Future of Tribal Jurisdiction in Alaska
Moderator: Prof. Ryan Fortson, UAA Justice Center
Presenters: Mara Kimmel, Barrett Ristroph
Pannelists: Liz Medicine Crow (First Alaskans Institute), Elizabeth Hensley (Landye Bennett Blumstein, LLP), John “Sky” Starkey (Landye Bennett Blumstein, LLP), Natalie Landreth (Native American Rights Fund)
10:30am–10:45am: Break
10:45am-12:00pm Panel II Challenges and Opportunities for Alaska Native Corporations
Moderator: Bruce Anders, CIRI
Pannelists: Maude Blair (Alaska Federation of Natives), Aaron Schutt (Doyon, Ltd.), William Robinson (Alaska Law Review), Christian Vazquez (Alaska Law Review), Kim Reitmeier (ANCSA Regional Association)
12:00am–1:00pm: Lunch (provided)
1:00pm–1:45pm:  Panel III Federal Legislative Update
Moderator: Walt Featherly, Holland & Knight LLP
Pannelists: Miranda Strong (Alaska Department of Law), Christine Williams (Outlook Law LLC)
1:45pm-2:30pm Panel IV State Legislative Update
Moderator: Jana Turvey, Leisnoi, Inc.
Pannelists: Matt Singer (Holland & Knight LLP), Kevin Anseim (State of Alaska, Division of Banking & Securities)
2:30pm–3:00pm: Break
3:00pm–3:45pm: Panel V Case Law Update
Moderator: Brennan Cain, The Eyak Corporation
Pannelists: Matt Mead (Landye Bennett Blumstein LLP), Matt Newman (Native American Rights Fund)

III. Keynote Address

Building Relations: Alaska Natives, ANCSA, and the Federal Government

Raina Thiele (former Associate Director of Intergovernmental Affairs and Public Engagement for the White House)

A video recording of Ms. Thiele’s Keynote Address can be found here.

A PDF copy of Ms. Thiele’s Keynote Address can be found here.

IV.      Panel Format

Each panel consisted of three (3) to five (5) panelists and a moderator. The moderator guided the discussion, inviting two (2) panelists to present short arguments on the panel topic (roughly 10-15 minutes apiece). After the presenting panelists offered their statements, the moderator began the discussion by soliciting comments from the other panelists on either of the two presentations. From there, the moderator proceeded to guide the dialogue in a way that promotes the expression of a diversity of opinions, using a combination of on-the-spot and prepared questions. Finally, the panel answered questions from the audience.

The presenting panelists in each panel were those responsible for contributing a core article to the written publication (discussed in more detail in Part V). These core articles were made available in draft form to symposium attendees prior to the symposium. After the symposium, commenters were given a few weeks to draft their own comments in response.

V. Panel Discussions

Panel I: ANCSA and the Future of Tribal Jurisdiction in Alaska

(Ryan Fortson, Liz Medicine Crow, Elizabeth Hensley, John “Sky” Starkey, Natalie Landreth)

Video recording available here

Panel II: Challenges and Opportunities for Alaska Native Corporations

(Bruce Anders, Maude Blair, Aaron Schutt, William Robinson, Christian Vazquez, Kim Reitmeier) 

Video recording available here

Panel III: Federal Legislative Update

(Walter Featherly, Miranda Strong, Christine Williams)

Video recording available here

Panel IV: State Legislative Update

(Jana Turvey, Matt Singer, Kevin Anseim)

Video recording available here

Panel V: Case Law Update

(Brennan Cain, Matt Mead, Matt Newman)

Video recording available here

VI. Event Photograph Gallery

2016 Symposium

Adapting for the Next Generation:

The Alaska Native Claims Settlement Act at 45 and

32nd Annual Alaska Native Law Conference

ALR’s Adapting for the Next Generation Symposium was held Friday October 14, 2016, at the University of Alaska, Anchorage. All presentation materials and symposium recordings are now available for online access at the UAA Justice Center’s webpage.

I. Symposium Summary

The Alaska Native Claims Settlement Act (“ANCSA”), enacted on December 18, 1971, was passed with the hope that it would address “the real economic and social needs of Natives, without litigation, with maximum participation by Natives in decisions affecting their rights and property.” 43 U.S.C. §1601(b).

It has now been 45 years since the passage of ANCSA, and accomplishing this goal remains an ongoing challenge. The litigation and legislation arising from ANCSA have touched all aspects of the Alaska Native tribes that existed before ANCSA, as well as the regional and village corporations that were created after ANCSA.

Though many legal and business issues have been at least partially resolved, a variety of questions still remain, ranging from jurisdiction to land ownership and use to shareholder rights. The Alaska Native leaders integral to the passage of ANCSA are now passing on the mantle to a new generation of Native leaders who will shape the future of ANCSA and of Alaska Natives.

This symposium provides a forum to bring together different voices from Alaska Native non-profits and corporations, attorneys practicing Alaska Native law, members of academia, and other policymakers to discuss these emerging legal issues.

This symposium was co-sponsored by the Alaska Law Review of the Duke University School of Law, the University of Alaska – Anchorage Justice Center, and the Alaska Bar Association, Alaska Native Law Section.

II. Schedule of Events

The following represents the schedule of the symposium’s events:

8:00am–8:30am: Arrivals & CLE Registration
8:30am–8:45am: Introductory Comments (ALR, UAA Justice Center, and Alaska Native Law Section Co-Chairs)
8:45am–9:15am: Keynote Speaker (Raina Thiele, former Associate Director of Intergovernmental Affairs and Public Engagement for the White House), Introduction by Bruce Anders, CIRI
9:15am-10:30am: Panel IANCSA and the Future of Tribal Jurisdiction in Alaska
Moderator: Prof. Ryan Fortson, UAA Justice Center
Presenters: Mara Kimmel, Barrett Ristroph
Pannelists: Liz Medicine Crow (First Alaskans Institute), Elizabeth Hensley (Landye Bennett Blumstein, LLP), John “Sky” Starkey (Landye Bennett Blumstein, LLP), Natalie Landreth (Native American Rights Fund)
10:30am–10:45am: Break
10:45am-12:00pm Panel II Challenges and Opportunities for Alaska Native Corporations
Moderator: Bruce Anders, CIRI
Pannelists: Maude Blair (Alaska Federation of Natives), Aaron Schutt (Doyon, Ltd.), William Robinson (Alaska Law Review), Christian Vazquez (Alaska Law Review), Kim Reitmeier (ANCSA Regional Association)
12:00am–1:00pm: Lunch (provided)
1:00pm–1:45pm:  Panel III Federal Legislative Update
Moderator: Walt Featherly, Holland & Knight LLP
Pannelists: Miranda Strong (Alaska Department of Law), Christine Williams (Outlook Law LLC)
1:45pm-2:30pm Panel IV State Legislative Update
Moderator: Jana Turvey, Leisnoi, Inc.
Pannelists: Matt Singer (Holland & Knight LLP), Kevin Anseim (State of Alaska, Division of Banking & Securities)
2:30pm–3:00pm: Break
3:00pm–3:45pm: Panel V Case Law Update
Moderator: Brennan Cain, The Eyak Corporation
Pannelists: Matt Mead (Landye Bennett Blumstein LLP), Matt Newman (Native American Rights Fund)

III. Keynote Address

Building Relations: Alaska Natives, ANCSA, and the Federal Government

Raina Thiele (former Associate Director of Intergovernmental Affairs and Public Engagement for the White House)

A video recording of Ms. Thiele’s Keynote Address can be found here.

A PDF copy of Ms. Thiele’s Keynote Address can be found here.

IV.      Panel Format

Each panel consisted of three (3) to five (5) panelists and a moderator. The moderator guided the discussion, inviting two (2) panelists to present short arguments on the panel topic (roughly 10-15 minutes apiece). After the presenting panelists offered their statements, the moderator began the discussion by soliciting comments from the other panelists on either of the two presentations. From there, the moderator proceeded to guide the dialogue in a way that promotes the expression of a diversity of opinions, using a combination of on-the-spot and prepared questions. Finally, the panel answered questions from the audience.

The presenting panelists in each panel were those responsible for contributing a core article to the written publication (discussed in more detail in Part V). These core articles were made available in draft form to symposium attendees prior to the symposium. After the symposium, commenters were given a few weeks to draft their own comments in response.

V. Panel Discussions

Panel I: ANCSA and the Future of Tribal Jurisdiction in Alaska

(Ryan Fortson, Liz Medicine Crow, Elizabeth Hensley, John “Sky” Starkey, Natalie Landreth)

Video recording available here

Panel II: Challenges and Opportunities for Alaska Native Corporations

(Bruce Anders, Maude Blair, Aaron Schutt, William Robinson, Christian Vazquez, Kim Reitmeier) 

Video recording available here

Panel III: Federal Legislative Update

(Walter Featherly, Miranda Strong, Christine Williams)

Video recording available here

Panel IV: State Legislative Update

(Jana Turvey, Matt Singer, Kevin Anseim)

Video recording available here

Panel V: Case Law Update

(Brennan Cain, Matt Mead, Matt Newman)

Video recording available here

VI. Event Photograph Gallery