As a business looking to partner with Alaska Native Corporations (ANCs) in Alaska, you face unique legal issues. ANCs were set up under the Alaska Native Claims Settlement Act (ANCSA) 1971. They are for-profit groups owned by Alaska Native shareholders. You must ensure your partnership follows this federal law about land and resource rights while helping Native communities grow. The U.S. Small Business Administration (SBA) considers ANCs as small businesses. This gives them an edge in federal contracts—a key point if you want to work on government projects.
Following Alaska state laws
You must ensure your partnership follows Alaska state laws, which intersect with federal rules. For example, the Alaska Department of Law watches over company activities. You need to register your partnership and follow state tax laws. AS 41.17 and AS 31.05 regulate timber and oil resource development. These laws require environmental permits, so you must get approval from the Alaska Department of Natural Resources before starting joint projects.
Key contract points
Writing a partnership agreement needs to focus on specific legal details such as:
- Revenue sharing: According to a 1982 settlement, ANCSA requires ANCs to share certain resource revenues with other Native corporations.
- Jurisdiction: You must clarify if state or tribal law governs disputes.
- SBA rules: If you use ANC contracting perks, follow the SBA’s 8(a) program rules, exempting ANCs from some subcontracting plans.
After dealing with these points, you can confidently move forward, knowing your agreement follows current regulations.
Keeping up with changing policies
You should watch for federal policy changes, such as the president’s latest executive order to review ANC land trusts. Such changes could affect your partnership’s scope. Consider regularly consulting a lawyer to keep your business agreements legally sound.