ANCSA has been amended by CONGRESS, I dont know how many times, without a NOTICE in the FEDERAL REGISTER, NO 30, 60 or 90 days to COMMENT about whatever CONGRESS wants to do to us...: ...None of the Regional Corporations included the revenues received from NOL sales in revenue sharing distributions. In 1995, Bay View filed a class action suit in the District of Alaska seeking to compel the Regional Corporations to share the NOL proceeds. The district court dismissed the action, holding that the Village Corporations could not enforce the ANCSA provision against the Regional Corporations. Bay View, Inc. v. Ahtna, Inc., Civ. No. 94-551 (D.Alaska, July 7, 1995). While Bay Views appeal to the United States Court of Appeals for the Ninth Circuit was pending in 1995, Congress amended § 1606. This new section (i)(2) expressly states that revenues under § 1606 do not include benefits received from losses incurred by a Regional Corporation. In other words, the new § 1606(i)(2) clarified that the Regional Corporations do not have to share NOL proceeds. The Ninth Circuit affirmed based on the 1995 amendment, noting that the new § 1606(i)(2) was fully retroactive. Bay View, Inc. v. AHTNA, Inc., 105 F.3d 1281, 1284 (9th Cir.1997).openjurist.org/278/f3d/1259/bay-view-inc-v-united-states
Posted on: Thu, 28 Aug 2014 04:31:36 +0000
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