The Corporate Whale: ANCSA, The First 10 Years Program
Program 10 of 10
McPherson, Karen Michel 1982
5...4...3...2...1. LADIES AND GENTLEMEN OF THE AFN, THIS IS THE WHITE HOUSE
IN WASHINGTON CALLING. I PRESENT THE PRESIDENT OF THE UNITED STATES...
[President Nixon] I APPRECIATE THIS OPPORTUNITY TO EXTEND MY GREETINGS
AND BEST WISHES TO THE CONVENTION OF THE ALASKA FEDERATION OF NATIVES.
I WANT YOU TO BE AMONG THE FIRST TO KNOW THAT I HAVE JUST SIGNED
THE ALASKA NATIVE CLAIMS SETTLEMENT ACT. THIS IS A MILESTONE IN
ALASKA'S HISTORY.
[Narrator] THE CORPORATE WHALE: ANCSA, THE FIRST 10 YEARS.
[] The Reverend Merculieff from St. George Island...
This land of Alaska, which thou gave to our ancestors, who have
come and gone before us, is now being handed to us a second time,
by the Act of the United States Congress and our untiring efforts.
A second chance is given to us by thee to be the new custodians
and caretakers.
This is a very serious and important day in history. We have a
tremendous amount of work to do in implementing this bill that
has just been signed into law by the President of the United States.
We cannot do it in a manner of a day or two or a week or a month.
We're starting on a new era, the Post-Settlement Era.
A DECADE HAS PASSED SINCE DON WRIGHT SAID THOSE WORDS TO DELEGATES
ATTENDING THE ANCHORAGE CONVENTION OF THE ALASKA FEDERATION OF
NATIVES ON DECEMBER 18, 1971. BY AN OVERWHELMING MAJORITY, THEY
HAD JUST VOTED TO ACCEPT THE TERMS OF THE ALASKA NATIVE CLAIMS
SETTLEMENT ACT, ANCSA. $962.5 MILLION AND NEARLY 44 MILLION ACRES
OF LAND IN EXCHANGE FOR RELINGUISHING FURTHER ABORIGINAL CLAIMS
TO THAT LAND.
THE MONEY HAS ALL BEEN TRANSFERRED TO THE 13 NATIVE REGIONAL BUSINESS
CORPORATIONS AND NEARLY 200 VILLAGE CORPORATIONS CREATED TO DIVIDE
AND MANAGE THOSE ASSETS. THE DEPARTMENT OF THE INTERIOR HAS CONVEYED
LESS THAN ONE HALF OF THE PROMISED LAND. ONE REGIONAL CORPORATION
MADE THE FORTUNE 1000, ANOTHER TEETERED ON BACKRUPTCY. IN ONE REGION,
A GROUP OF MERGED VILLAGE CORPORATIONS HAD PROFITS OF NEARLY ONE
MILLION DOLLARS, WELL ITS PARENT REGIONAL CORPORATION LOST SEVERAL
TIMES THAT AMOUNT.
DURING THIS POST-ANCSA ERA, ALL CORPORATIONS HAVE EXPENDED MUCH
TIME AND DOLLARS ATTEMPTING TO DECIPHER THE ACT AND IMPLEMENTING
ITS PROVISIONS AND PLANNING FOR THE NEXT DECADE.
IN THIS PROGRAM, THE LAST IN A TEN PART SERIES,
THE CORPORATE WHALE, LEADERS INVOLVED IN LAND CLAIMS IMPLEMENTATION
ASSESS THE
BILL THAT BARROW ACTIVIST CHARLIE EDWARDSEN, JR., ETOK, ONCE REFERRED
TO AS "A NEW HARPOON."
ØDividin' the maktak is they
way it's always been
Dividin' the maktak between family and friends
We're sailin' toward to future, we're anchored in the past
Rich in our tradition, our ways will surely last Ø
IÑUPIAQ LINGUIST EDNA MACLEAN OF THE
ALASKA NATIVE LANGUAGE CENTER OF THE UNIVERSITY OF ALASKA IN
FAIRBANKS...
The terminology that is used for the Whale
has been ..uh.. it's been used for describing the actions or
the activities going on
in the corporation. Like, for instance ..um.. [niñiq] in
the traditional sense means "a share of the animal" [we
say]. Now ..um.. we've extended the meaning to mean "stocks
in the corporation." And also ..um.. the same stem "[-ñiqtuq]" means
that "he gets a share," and it also has the meaning "he
gets a share of the meat." Okay, so "[Niñiqtuq
Corporation-mi]" means that "he got a share of the profit
from the corporation." The corporation's now your means of
survival. And you might say like hunting animals was the most basic
way of ..um.. surviving for the Eskimos.
IN ESKIMO WHALING, EVERYONE GETS A SHARE OF THE CATCH. IN THE
LAND CLAIMS SETTLEMENT, ALL WHO QUALIFIED TO ENROLL GET THE SAME
NUMBER OF SHARES. IN WHALING, THE SIZE AND QUALITY OF THE SHARES
DIFFER. THE CAPTAIN AND PARTICIPATING CREWS GET MORE AND CHOICER
SECTIONS, MUCH LIKE CORPORATE OFFICERS. ACCORDING TO ETOK, CHARLIE
EDWARDSEN, JR., SHARES IN THE CORPORATION ARE NOT TRULY EQUAL DUE
TO THE POWER OF THE UMIALIK, THE CAPTAIN, THE CORPORATE OFFICERS.
The corporation model as it is conceived in ANCSA is a democratic
model, and the one that is being managed in the disguise of ANCSA
is..is one like Exxon. And they're two separate things. And so
the question of..of corporate democracy has gone out the window.
ANDY HOPE III OF THE SHEE ATIKÁ CORPORATION
IN SITKA...
There has to be a consolidation ..uh.. between
the previous Indian legislation, [I see in the] Indian Reorganization
Act, the Self-Determination
Act, and the Land Claims legislation. And you have to provide for
continuous tribal economic development, rather than saying, "Well,
you guys are all going to be corporations. And get out there in
Wall Street." And ..uh.. you know and, "Get in there
with all the banks and all the oil companies. And you're going
to be the same as everybody else." Nice little Corporate Americans.
UNLIKE OTHER AMERICAN CORPORATIONS, SHAREHOLDERS MAY NOT SELL
THE STOCK GIVEN TO THEM UNDER ANCSA UNTIL 1991. SAM KITO IS A PAST
PRESIDENT OF THE ALASKA FEDERATION OF NATIVES, NOW HE'S THEIR LOBBYIST
AND ALSO LOBBIES FOR SEVERAL REGIONAL CORPORATIONS, SITS ON THE
BOARD OF DIRECTORS OF DOYON LIMITED AND ON THE UNIVERSITY OF ALASKA'S
BOARD OF REGENTS...
In ten years the most ..uh.. important issue that will be upon
us is when the stock becomes alienable. What will the shareholders
do with the stock? My level of concern is..is brought about by
wondering, I guess at this point, whether or not that stock is
going to be sold. And I think that what we're approaching is the
idea of providing enough support of information and success in
the regional corporations. And the message to the shareholder that
if they sell the stock, they sell the land, and they receive money.
But land is the legacy and that..that we would like to find ways
for them:
1. not to sell stock...but
2. if they should decide to sell stock, we..we'd like to make sure that first
write a refusal to the corporation for the stock [for the prime be sold].
AMENDMENTS IN THE ALASKA NATIONAL INTEREST LANDS CONSERVATIONS
ACT OF 1980, THE D2 LEGISLATION, GIVE CORPORATIONS THAT RIGHT.
BUT IN TEN YEARS, STOCK IN SOME CORPORATIONS, SUCH AS THE OIL-RICH
ARCTIC SLOPE, MAYBE WEIGHS TOO MUCH FOR THE CORPORATIONS TO AFFORD
TO BUY BACK. ANDY HOPE III...
Hell, now when..when these high rollers come in in 1991, throwing
cash all over this place, ..uh.. you know, you think ..uh.. many
people are going to have ..uh.. have sympathy for their..for their
..uh.. own corporations? Uh.. and sell it to them? You know, [I
think I'll go for the] highest..the highest bidder and a lot of
them will.
CALISTA CORPORATION VICE PRESIDENT NELSON ANGAPAK...
[We are] in the processing of developing an..an educational package
that is designed, hopefully, to inform our village, [SLSR] regional
corporate stockholders, the importance of keeping and holding onto
that stock.
CALISTA CORPORATION IS PARTICULARLY INTERESTED IN DEVELOPING TIES
WITH THEIR SHAREHOLDERS. ONE OF THE LARGEST OF THE REGIONAL CORPORATIONS
IN LAND AREA, POPULATION SERVED IN NUMBER OF VILLAGES, IT HAS ALSO
BEEN A LEADER IN TURNOVER OF TOP MANAGEMENT AND IN LAWSUITS.
A NUMBER OF REGIONAL CORPORATIONS HAVE ESTABLISHED SEPARATE SHAREHOLDER
RELATIONS DEPARTMENT TO PROVIDE STOCKHOLDERS WITH INFORMATION ON
CORPORATE AFFAIRS AND TO KEEP TRACK OF PEOPLES' WHEREABOUTS.
Ø
NOT ALL CORPORATIONS ARE CONTENT TO PLAN FOR
STOCK RETENTION IN 1991. SOME LIKE KOTZEBUE'S KIKIKTAGRUK IÑUPIAT
CORPORATION AND ITS PRESIDENT AL ADAMS ARE WAITING TO PREY UPON
THOSE WHO WISH
TO SELL...
The [share-rollers] of Kotzebue have to come up with a plan so
that we will retain ownership of the stock, of the land. And by
that time, I hope we..our assets will be great enough that we will
be able to look at purchasing others outside the region. Because
of..I know there is going to be failure ..uh.. with ..uh.. stock
and land throughout Alaska. And ..uh.. I hate to see it happen,
but we..we should be ready to also..to look at investing outside
of our region as far as land and somebody else's stock.
THE PEOPLE SELLING THE STOCK WOULD HAVE BEEN ISSUED THE SHARES
AFTER ENROLLING IF THEY WERE BORN BEFORE DECEMBER 18, 1971, THE
DATE THE ACT WAS SIGNED INTO LAW. ALASKA NATIVES, WHO EITHER DID
NOT ENROLL OR WHO WERE BORN AFTER THAT DATE, WERE NOT ELIGIBLE
TO RECEIVE STOCK EXCEPT THROUGH INHERITANCE. IN MANY FAMILIES,
SIBLINGS HAVE SPLIT, SOME RECEIVING MONEY AND LAND AND OTHERS NOT.
SEALASKA BOARD MEMBER, FORMER ALASKA FEDERATION OF NATIVES AND
ALASKA NATIVE FOUNDATION PRESIDENT, ROGER LANG...
[??] thing in the world that says I cannot enroll anybody I want
into my corporation. Simply enroll them. You don't have to enroll
them on a BIA's rule, we just issue shares. That's all. Twenty
year olds are going to be a problem in 1991 if we don't do something.
And I have one myself. He's nine years old now, and he'll be 19
in '91. And if I don't do something for him, well, he'll kick my
butt.
THERE ARE OTHER ISSUES TO BE RESOLVED WITHIN THE NEXT FEW YEARS
AS WELL. DETERMINING WHETHER ANCSA'S JURISDICTION INCLUDES THE
OUTER CONTINENTAL SHELF, PROTECTION OF NATIVE SUBSISTENCE RIGHTS,
THE NATURE OF THE TRUST RELATIONSHIP OF THE FEDERAL GOVERNMENT
TO ALASKA NATIVES, THE COMPLETION OF LAND CONVEYANCES (THAT MAY
TAKE WELL BEYOND 1991), AND A RESOLUTION OF THE INTERPRETATION
OF THE REVENUE SHARING 7(i) PROVISION THAT'S HAD ALL 12 IN-STATE
REGIONAL NATIVE CORPORATIONS IN COURT FOR BETTER THAN A HALF A
DOZEN YEARS. DOYON LIMITED PRESIDENT TIM WALLACE...
When Congress said, you know, "Go into the world now and
make your living, and after 20 years, you're going to be like all
other corporations." Uh..they forgot about 7(i), and that's
a tremendous handicap for any corporation to ..uh.. to keep [us
overhead], ..uh.. and do everything else. And then 70% of your
profits you share with competing corporations. And then still plan
for dividends. Uh.. and with all the controversy surrounding ..uh..
7(i) itself ..uh.. it's a nightmare section.
FOR OTHERS LIKE SENATOR TED STEVENS, THE DREAMS AND THE MEMORIES
ARE BETTER...
Like anything else, you don't like to remember the time when you
struck out. You remember the time when you hit a home run. And
I think..I think that the Land Claims Act was a home run.
NORTHWEST ARCTIC NATIVE ASSOCIATION LEADER WILLIE HENSLEY FEELS
THE GAME IS FAR FROM WON...
I think we've just ..uh.. made our first strike. We got a couple
strikes to go. And we got to get people on bases and [laughs] you
know, we've just begun.
SEALASKA PRESIDENT BYRON MALLOT TELLS THIS STORY...
A young Native, you know, about college age,
is contemplating his future. He's walking along the beach. Uh..uh..comes
upon the
proverbial bottle which he rubs. And up pops a genie and says the
typical things genies say in those circumstances. Says, you know, "You
let me free and I'll reward you. What do you want?" And ..uh..uh..
the Native young person said, you know, "I'm at a point in
my life where I'm unsure about my future. And ..uh.. doggone it,
you know, I'd..I'd like to be just like most other people my age
in America." You know ..uh.. and ..uh.. Poof! He was wearing
gray flannel slacks and a..and a blue blazer. And he had an American
Express card in ..uh.. in one hand and a college degree in the
other. Uh..uh..and genie said, "Well, would you like, you
know, I can grant you another wish." And..and..and the young
Native person said, "Gosh, now I'd like to have the potential
to be..to be very wealthy and ..uh.. and ..uh.. own a lot of land." And
Poof! he was an Alaska Native kicking sand on the beach again.
Uh.. you know, we have the latter potential. And Native people
also have the ..uh.. former. Uh.. but there's still promises yet
to be realized.
YOU'VE BEEN LISTENING TO THE CORPORATE WHALE: ANCSA, THE FIRST
10 YEARS. THE LAST PROGRAM IN A TEN PART SERIES WRITTEN AND PRODUCED
BY KAREN MICHEL MCPHERSON, WITH TECHNICAL ASSISTANCE FROM PHILLIP
KAKOWSKI (sp?). FUNDING WAS PROVIDED BY KUAC SPONSORS AND THE ALASKA
NATIVE HUMAN RESOURCE DEVELOPMENT PROGRAM OF THE COOPERATIVE EXTENSION
SERVICE OF THE UNIVERSITY OF ALASKA.
SPECIAL THANKS TO JOHN HUSTROM OF KCAW, PATTI GINSBERG OF KTOO,
AND MUSICIANS HERBIE VENT, BUDDY TABOR, AND TED WESLEY.
Part 1
"This 10 part series, The Corporate Whale, will listen to some of the events
leading to the Land Claims Settlement, the mechanisms that were employed to
manage the Act, government agencies, and Native corporations, hear how leaders
assess the first 10 years, and predictions for 1991."
Part 2
"Both restrictive provisions included in the Act, what the Alaska Native
Land Claims Settlement is, and how it divides up the land and the money will
be
discussed in this program, the second in a ten part series: The Corporate
Whale."
Part 3
"In this program, the third in a ten part series, The Corporate Whale, Native
leaders and others involved with the framing of the Land Claims Settlement
give some of their thoughts on the corporate concept and how well that mechanism
works for dividing the benefits of ANCSA: The Whale."
Part 4
"This program is the fourth in a ten part series, The Corporate Whale: ANCSA,
The First Ten Years. Agency representatives and Native corporation leaders
will give their perspectives on the land's aspect of the Land Claims Settlement."
Part 5
"In this program, the fifth in a ten part series, The Corporate Whale, leaders
of Sealaska and Cook Inlet Region, Inc., will profile their activities in
dividing the benefits of ANCSA into profits for shareholders."
Part 6
"In this program, the sixth in a ten part series, The Corporate Whale, leaders
from NANA, the Northwest Alaska Native Association region, and Calista Corporation
will profile their corporation's activities in managing ANCSA's benefit."
Part 7
"Both the Land Loss Formula and 7(i), the revenue sharing provision, were
intended to be equalizers in the Settlement providing resource revenues to regions
without rich lands and additional land to those without large populations.
This program, the seventh in a ten part series, The Corporate Whale, will
examine two regional corporations particularly affected by the provisions,
the Arctic Slope Regional Corporation in the north and Doyon Limited in the
interior."
Part 8
"In this program, the eighth in a ten part series, The Corporate Whale,
village and regional corporation leaders will discuss centered approaches to
managing
ANCSA's land and money entitlements, and impact."
Part 9
"This program, a ninth in a ten part series, The Corporate Whale, will examine
the role of the Alaska Federation of Natives and its efforts to survive and
continue to be a unifying body for the corporations who manage ANCSA's benefits."
Part 10
"In this program, the last in a ten part series, The Corporate Whale, leaders
involved in land claims implementation assess the bill that Barrow activist
Charlie Edwardsen, Jr., Etok, once referred to as 'a new harpoon.'"
Alaska Native Knowledge Network is responsible for the transcription of this
series. We would like to humbly apologize for any misspellings in advance.
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