Those working to develop and protect tribal resources and support Alaska Native shareholders are represented by Schwabe.
Indian Country & Alaska Native Corporations
Overview
Protecting Tribal resources and supporting Alaska Native Corporations
We understand the unique challenges facing Indian Country and Alaska Native Corporations and provide strong legal representation and strategic advice to these clients.
Led by one of the country’s most experienced practitioners of environmental Native American law, our Indian Country team is known for its deep understanding of the statutory and regulatory frameworks that impact reservation and Indian trust land.
We work with Alaska Native Corporations to maximize economic growth, protect ancestral lands, preserve Alaska Native cultures, and enhance Alaska Native shareholder communities.
Our work with both Tribes and Alaska Native Corporations helps promote economic development, develop and protect tribal resources, develop critical infrastructure, preserve Tribal sovereignty, and enhance Tribal and Alaska Native Corporation governance. We frequently serve as outside general counsel or otherwise advise Tribes, Alaska Native Corporations, and their business enterprises regarding real estate issues, business formation, federal government contracting, commercial transactions, and tax planning. We also advise Tribes and Alaska Native Corporations on government programs such as SBA’s 8(a) Business Development and HUBZone programs and federal funding opportunities such as the American Rescue Plan, Infrastructure Investment and Jobs Act, and Tribal broadband grants.
We work closely with Alaska Native Corporations on the many legal issues relating to the Alaska Native Claims Settlement Act (“ANCSA”), including to create and leverage ANCSA settlement trusts, make land management conveyances, and resolve shareholder issues. Schwabe also works closely with Tribes on the development of Tribal ordinances, treaty rights, Section 638 contracts, and economic development agreements.
SBA8(a) Business Development Program
providing guidance
2017 ANC Settlement Trust tax legislation
assisted in development and promotion
Experience
- Represented several ANCs on the creation of a new Alaska Native Claims Settlement Act (ANCSA) settlement trust and substantive amendments to an existing ANCSA settlement trust.
- Advise on all manner of transactions on Indian trust land, including fee-to-trust, leasing, and rights-of-way.
- Supported the assessment and improvement of a tribe’s tribal court, evaluated and amended the trial court and appellate codes, and developed a tribal court clerk’s handbook.
- Served as counsel of record for a Tribe in the U.S. v. Washington treaty rights litigation.
- Served as litigation counsel for a Tribe’s corporate entity in its casino loan workout litigation.
- Assisted in development and promotion of legislation beneficial to ANCs, including the ANC Settlement Trust tax legislation passed in 2017.
- Represent three California tribes in their efforts to be restored to federal recognition.
- Drafted a tribal Superfund code and cleanup standards for a Tribe; assisting the Tribe in ongoing implementation and enforcement of the code.
- Assist Navajo tribal corporation with obtaining permits and approvals from EPA and Bureau of Indian Affairs (BIA).
- Advising ANCs with respect to all aspects of annual shareholder meetings.
- Litigated tribal sovereign immunity issues in a variety of federal, state, and tribal courts.
- Developed a land use plan governing 70,000 acres in remote Alaska.
- Represented an ANC Village Corporation in defending its U.S.C. § 14(c) procedure and conveyances.
- Represented multiple ANCs regarding improper proxy solicitations for annual election of directors by shareholders.
- Represented several ANCs on the creation of a new Alaska Native Claims Settlement Act (ANCSA) settlement trust and substantive amendments to an existing ANCSA settlement trust.
SBA Resources
We’re breaking down various pieces of the SBA and conducting an in-depth discussion and analysis of changes to various programs.
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