ANVCA Quarterly Newsletter | March/April 2018
ANVCA March/April 2018 Newsletter
C'amai! Thank you to our Members and Partners for being a part of our organization. We've had a great start to 2018 through a successful Statewide Fly-In and participating in two of the 2018 ANCSA Series panel discussions. Our Members and Partners have also had a successful start to 2018 and come with a wealth of advice to share. Read through and enjoy! And don't forget to register for our 10th Annual Conference, May 10-11, 2018, at the Egan Center in downtown Anchorage!
Pamyua will perform May 10. Hotel Discounts, Travel discounts included in this newsletter!
A Message from the Executive Director
Hello ANVCA members, partners, and affiliates! 2018 has been a busy year already as you will read in the coming pages. We recently executed a successful Juneau fly-in, and I want to take a moment to personally thank each and every one of you who were able to attend in person. It is your continued commitment and advocacy that compels our mission and will ultimately bring resolution to these decades old issues.

Among these, of course, is our awareness campaign and legislative priorities aimed at ANCSA contaminated lands. As you have seen in recent announcements we were successful in getting Federal legislation passed in the 2018 Omnibus spending bill that creates a liability shield to members that received contaminated lands as part of their ANCSA Settlement. What this means, among other things, is that our members will now have access to larger pots of federal funds to clean up these sites, and to create jobs in rural Alaska. Attend the annual conference to learn more about securing these funds!

Thank you to the Alaska Congressional Delegation and their staff for their support in getting this important piece of legislation through!

We are also extremely grateful to the Alaska Legislature, particularly those that sponsored our legislation in both the House (Rep. Millett) and Senate (Rep. Hoffman) to lift legal liability for contamination that existed prior to transfer at the State level. SB202 has been passed in the Senate and recently cleared the House Judiciary Committee with much needed amendments.

Additionally, the working group made up of various federal agencies responsible for prior contamination, as well as land owners and other stakeholders, has already met once in 2018. The goal of the group is to complete the contaminated lands inventory and determine a mechanism to prioritize the clean-up of ANCSA lands.

New to our priorities list in 2018, is the unique ANCSA issue of 14(c)(3) lands. WHAT'S THAT? ANVCA has taken on this issue and have asked that the Walker Administration support the return of these lands from the State to Village Corporations who elect to not have a borough or municipality in their Village. Likewise, we are asking that villages that opt to never have a city or borough, to be exempted from this requirement if they have not yet provided these lands to the State Municipal Land Trust. Land already held in Trust by the State would be returned to the Appropriate Village Entity (AVE) which could be either the Village Corporation or the Tribe.

ANVCA has had several meetings with the Walker administration about this issue, and I am happy to report that we are planning a small working group summit with Department of Commerce, Community, and Economic Development (DCCED) in Juneau in the coming weeks to discuss the procedure by which Villages can get these lands back, and any outlying issues that may occur during this process. The goal is to have a solution in place by the end of summer. We are very appreciative for the warm reception we have received thus far by the Commissioner and Deputy Commissioner of DCCED on this issue and the entire Walker administration.

The 10th Annual ANVCA Conference, where our theme is "People, Purpose & Passion: The Pathway to Success," is fast approaching. I am looking forward to an excellent event and to seeing many of you May 10 and 11, at the Egan Center in Anchorage, Alaska. We hope to see our partner organizations at the business fair.

You can review our draft agenda to see for yourself the high quality presentations and topics that we will offer in 2018. There is still plenty of time to sign up as a sponsor and get promoted at our event, so get your form in today!

Finally, I look forward to seeing many of you in DC for Alaska Day, where we will talk with Department of Interior about our priorities for development in our traditional lands.

If you haven't joined as a member or partner yet please show us your support! We are working very hard for the Village and larger ANCSA community and we love what we do!
Thank You to our Moose and Salmon Partners!
2018 ANVCA Juneau Fly-In: What You Need To Know
ANVCA staff, board, and members of the ANVCA Legislative Committee spent 2.5 days in Juneau advocating to approximately twenty key members in both the House and the Senate chambers of the Alaska State Legislature, regarding the issues of Contaminated Lands and 14(c)(3) Lands held into trust by the State. Compared to prior years, ANVCA has generated quite a bit of momentum on the issue of Contaminated Lands, as evidenced by the introduction of two separate pieces of legislation to specifically lift the legal liability from ANCSA corporations for prior contaminated lands conveyed upon the passage of ANCSA in 1971. 

2018 ANCSA Panel Series
Dialogue with members of the community is important if ANCs are to fulfill their mission of serving their Alaska Native shareholders. This is why ANVCA is thankful that Irene Rowan, former CEO of Klukwan, Inc., and Alaska Native Media Group, coordinated a three-part panel series to include the public in discussions about ANCSA, its challenges and successes, and other relevant topics. Each panel discussion had its own distinct theme, which provided for meaningful dialogue. 

January Fishnet Luncheon Highlight: Pat Pitney, Director of SOA Office of Management and Budget
In late January, we were able to secure time with Pat Pitney, Director of the State of Alaska Office of Management and Budget. During our lunchtime session, she gave us a presentation on the State of the Alaska Budget, which included proposals from the Walker Administration.

Thank you to our Members!
Member Spotlight: Akhiok-Kaguyak, Inc.
Akhiok-Kaguyak, Inc. endeavors to build self-sufficiency among its clients through guiding them to develop streamlined techniques, scalable processes, and customized tools that are tailored to fit each client’s requirements. “We’re training ANCs to fish for their own government contracts, acquire contract workshare, and empowering firms to stand on their own” says Michael Bradshaw, President and CEO.

Member Spotlight: Sitnasuak Native Corporation
The Iditarod is known as the last great race. It is an Alaskan dog sled race and recognized as a world class sporting event with the best mushers from around the world participating every year. The race starts in Anchorage and ends in Nome – spanning over 1,000 miles. Aaron Burmeister, whom SNC is sponsoring, has successfully competed in the Iditarod 17 previous times, finishing 10th, 7th, 4th and 3rd in his last 4 races. 

Member Spotlight: Old Harbor Native Corporation
The skies are getting bluer, the air a little warmer and more humid – springtime is upon us! Knowing that another gorgeous Alaskan summer is awaiting us, keep ANVCA Denali Member Old Harbor Native Corporation’s Denali Bluffs Hotel and Grande Denali Lodge in mind when planning your Alaskan adventures this summer.

Thank you to our Partners!
Key Labor and Employment Issues Affecting Alaska Native Corporations
Alaska Native Corporations (ANCs) are subject to some but not all laws governing the relationship between ANCs (and their subsidiaries) as employee and their employees. For example, similar to tribes, ANCs are exempt from the definition of an "employer" under Title VII of the Civil Rights Act of 1964. This exemption applies to ANCs as well as their subsidiaries and other affiliates so long as the ANC related partnerships, joint ventures, trusts, or affiliates in which an ANC owns not less than 25 percent of the equity of the subsidiary or other affiliate (such as a joint venture). 

Read more here.
Partner Spotlight
Not Another Article about Hiring & Engaging Millennials  
We’ve all heard it and seen it. Millennials! Impatient. Lazy. Disloyal. Entitled. Chronically unsatisfied. The first “me” generation. It’s not all their fault. They had bad parenting, worse schooling, are addicted to devices, and only capable of socializing through the latest social media app. Hiring Millennials is a necessary evil that involves acquiescing, coddling, and parenting.

Government Contractors and the False Claims Act
Does your company work with the government? Companies involved in government contracting should have compliance programs in place to avoid liability under federal and state laws like, among others, the False Claims Act (“FCA”). The FCA was adopted in 1863 and signed by President Lincoln to combat rampant fraud in Civil War defense contracts. In its current form, the FCA empowers the federal government to recover treble damages (three times the actual harm) and civil penalties from persons or companies who make “false claims” for money or property from the United States, or submit false information in support of claims. There are many types of potential “false claims.” For example, sending a bill that overcharges the government for services performed could constitute a false claim. 

Why Small Businesses Need Essential Strategy
Leaders of companies all sizes intuitively understand the need for strategic planning. I find however, that in small organizations the strategic planning effort (if it exists) is informal, limited and often ineffective. The myriad of methods and frameworks for strategic planning compounds this problem as the tools are rarely a good fit without modification – especially for Alaska Native Corporations. Further, strategic planning without consideration of risk and resilience is short-sighted but trying to incorporate these additional elements complicates matters even more. 

The Tax Cuts and Jobs Act of 2017 resulted in changes to the tax rules applying to Alaska Native Settlement Trusts (ANSTs), relieving some previous restrictions. As a refresher for those who need it, the purpose of a Settlement Trust is to “promote the health, education, and welfare of its beneficiaries and preserve the heritage and culture of Natives.” Here are several reasons why an Alaska Native Corporation (ANC) may want to consider starting an ANST. 

The power of education to change lives is why Donlin Gold invests so much in programs that help and encourage the youth of the Yukon Kuskokwim region to graduate from high school and then get the training they need for a successful life.

A message from Michael 'Keawe' Anderson, Our Partner at Native American Contractors Association:
The recent FY2018 Omnibus provided significant increases in funding for a number of federal agencies and their programs. Defense was raised $80B above the previous 2018 budget cap and $26B above the President’s request. For non-defense, the cap was raised by $63B; and it is clear there were increases and decreases among the different agencies.  

David Berteau, President & CEO, Professional Services Council (NACA is a Member of PSC) offered an analysis of the  impact of the FY2018 Omnibus Appropriations Act on contract spending  in  Washington Technology.  Mr. Berteau validated what NACA projected in January – that contract spending in the last 6 months of FY2018 could be significantly more than in the first half of the fiscal year.  

However, Berteau suggests non-defense agencies will not be able and may even be constrained from spending their full appropriations!    He supports his assertion with a  statement by OMB Director Mick Mulvaney  saying “we don’t need to spend all the money, Congress.” And, Berteau notes that the Omnibus  only gave DOD  the flexibility to spend more in the final two months of the fiscal year – leaving non-defense agencies constrained to spend no more than 20% of their procurement funds in the last two months.  

WHY IS THIS IMPORTANT TO NATIVE CONTRACTORS?  Contract spending by non-defense agencies could be significantly impacted.

QUESTION: Can the Administration NOT spend what Congress mandates (‘appropriates’) in law?

FROM:   Encyclopedia.Com .

The power to appropriate funds gives Congress influence over all activities of the federal government. Article 1, section 9 of the U.S. Constitution specifies that "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law." 

Presidents have generally been reluctant to veto an entire appropriations bill over objections to a particular item.  Some presidents impounded—or did not spend—appropriated funds for unwanted programs, a practice voided by the Congressional Budget and Impoundment Act of 1974.

Do agencies have any discretion in how they use funds from appropriators?
Executive branch agencies must spend funds provided by Congress in the manner directed by Congress in the text of the appropriations bills.  Appropriations bills often contain accompanying report language with additional directions, which are not legally binding but are generally followed by agencies. 
Congress often provides broad authority, which gives agencies more control in allocating spending. However, in some instances, Congress will provide for very narrow authority or can use funding limitation clauses to tell agencies what they cannot spend the money on.  Agencies have some authority to reprogram funds between accounts after notifying (and in some cases getting approval from) the Appropriations Committees.


We have certainly learned not to be surprised by policy surprises in the Administration. When signing the Omnibus, the President did vent his frustration with the sheer size of the bill. We believe Berteau’s point bears consideration. 

Through OMB, the President may choose to lean on the Congressional mandate for agencies to spend no more than 20% of their procurement budget in the last two months. At the same time, some agencies may seek and exercise reprogramming authority to move towards program funding originally set in the President’s FY 2018 budget proposal.  

How will we know? We will begin to see the trends in FPDS as non-defense agencies spend their contracting dollars in the 3 rd  Quarter of FY 2018 (April-June).  

It will be interesting to see if Congress is watching, and if they are, how they will react! 
Don't forget to register for our 10th Annual Conference, May 10-11, 2018!


ANVCA is pleased to report that we have booked the Alaska Native Inuit Soul and Tribal Funk band Pamyua to perform at our May 10 reception at the Egan Center beginning at 4:00 we will enjoy an amazing spread and some fantastic music offered by these award-winning musicians. Check them out HERE you don't want to miss it!
Travel Details

Alaska Airlines discount code - receive 7% discount on airfare use discount code: ECMA304

Sheraton Anchorage Hotel rooms can be reserved for the ANVCA Conference for $105.00 per night
Join us at the Egan Center in downtown Anchorage for our Annual Conference! Within our two day Annual Conference, we host an election of the board, as well as host presenters on topics pertinent to Alaska Native Village Corporations.

We have exciting new topics to share with our conference registrants! We so far have confirmed panelists for a discussion on sexism and sexual harassment in the workplace, as well as a discussion on effective legislative advocacy strategies for ANCs and other minority businesses. The presentation topics so far proposed range from Settlement Trust legislation, to mergers and acquisitions, to public-private partnerships.

It is the ONLY conference as of yet that is dedicated to Alaska Native Village Corporations collaborating, networking, and sharing information with other professionals in similar fields. We typically expect this conference to be attended by over 200 individuals, not only limited to the ANCSA community, but government representatives and partners from the business community. All are welcome to attend. Dues-paying Members and Partners enjoy discounted registration rates. Don't miss out on an opportunity to attend at a great rate - become a Member or Partner today to receive your discounted rate.

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