Oliver v. Sealaska Corp.

192 F.3d 1220, 1999 WL 683897
Court of Appeals for the Ninth Circuit·Decided September 3, 1999·No. No. 97-36091·Published·Cited by 11 cases

Opinion

TROTT, Circuit Judge:

Plaintiff Glenn Oliver appeals the district court’s dismissal of Oliver’s action to enforce revenue-sharing requirements of the Alaska Native Claims Settlement Act, 43 U.S.C. §§ 1601-1629Í (Supp. Ill 1997) (“ANCSA” or “the Act”). Oliver sued the twelve Regional Corporations in the Superior Court of Alaska under Alaska Statutes § 10.06.015 (Michie 1989) on behalf of himself and a putative class of shareholders, seeking declaratory judgment, an accounting, and a resulting trust. The action was removed to the district court for the District of Alaska, and the first-served defendant corporation, later joined by nine other defendants, moved to dismiss under Federal Rule of Civil Procedure 12(b)(6). The district court dismissed without prejudice, holding that ANCSA § 7(i) & (j), 43 U.S.C. § 1606® & <j), did not create an independent cause of action, and that Oliver’s direct action was not cognizable under § 10.06.015. We have jurisdiction under 28 U.S.C. § 1291 (1994), and we affirm.

I

Enacted in 1971, ANCSA granted Alaskan Natives approximately 44 million acres of land and $1 billion in exchange for the extinguishment of aboriginal title to land in Alaska. The Act created twelve Regional Corporations, organized under Alaska Law, to take title to most of the land and all of the money. The Act also creat[1223]*1223ed more than 200 “Village Corporations,” each within one region, which took title to 22 million acres of surface estate. All of the stock in the Regional and Village corporations is owned by the approximately 70,000 Alaska Natives; residents of a given Village own stock in that Village Corporation and in the corresponding Regional Corporation, while Natives like Oliver who do not reside in a Village own at-large shares of them Regional Corporation. Through inheritance, Oliver owns shares in two Regional Corporations.

Because of the disparity in natural wealth among the twelve regions, § 7(i) provides for revenue sharing:

Seventy per centum of all revenues received by each Regional Corporation from the timber resources and subsurface estate patented to it pursuant to this chapter shall be divided annually by the Regional Corporations among all twelve Regional Corporations organized pursuant to this section according to the number of Natives enrolled in each region pursuant to section 1604 of this title....

In turn, § 7(j) of the Act requires each Regional Corporation to distribute 50 percent of its shared revenues to its Village Corporations and at-large shareholders.

The vague language through which ANCSA mandated revenue sharing resulted in litigation over what qualifies as “revenues” to be shared. In May 1983, with the help of a special master appointed by the district court, the twelve Regional Corporations entered into a settlement (the “ § 7(i) settlement”) regarding the revenue-sharing provision, and in June 1983, the district court for the District of Alaska approved the § 7(i) settlement. (Aleut Corp. v. Arctic Slope Regional Corp., No. A75-0053-CV (D. Alaska June 3, 1983)).

II

Oliver contends in this suit that the § 7(i) settlement improperly deprives him, other at-large shareholders, and the Village Corporations of monies due to them from revenue sharing under ANCSA. Oliver argues that the corporations in which he holds stock, Cook Inlet Region, Inc. (“CIRI”) and Sealaska Corp., committed an ultra vires act by contracting away their rights under § 7(i), and, because Oliver is one of the shareholders entitled by § 7(j) to 50 percent of the shared revenues, he claims to be deprived of money to which he is entitled. Specifically, Oliver alleges that due to the settlement agreement, future income of the Arctic Slope Regional Corp. will not be fully shared as ANCSA requires.

The district court held that no provision of ANCSA or Alaska corporation law provides Oliver with a direct cause of action to contest the settlement agreement. The court then permitted Oliver to amend his complaint to allege a derivative action against CIRI and Sealaska, the corporations in which he is a shareholder. When Oliver refused to amend his complaint, the district court dismissed without prejudice.

III

We review de novo the district court’s dismissal of Oliver’s complaint for failure to state a claim on which relief can be granted. See Steckman v. Hart Brewing Inc., 143 F.3d 1293, 1295 (9th Cir.1998). Limiting our review to the contents of the complaint, we affirm if Oliver can prove no set of facts in support of his claim which would entitle him to relief. See Tyler v. Cisneros, 136 F.3d 603, 607 (9th Cir.1998).

IV

We first consider Oliver’s attempt to sue under ANCSA § 7(i). Because nothing in the text of the revenue-sharing provision creates an express private right of action to enforce the section’s mandates, Oliver must establish that an implied private right of action exists. See Touche Ross & Co. v. Redington, 442 U.S. 560, 562, 99 S.Ct. 2479, 61, L.Ed.2d 82 (1979). [1224]*1224“ ‘[T]he fact that a federal statute has been violated and some person harmed does not automatically give rise to a private cause of action in favor of that person.’ ” Id. at 568, 99 S.Ct. 2479 (quoting Cannon v. University of Chicago, 441 U.S. 677, 688, 99 S.Ct. 1946, 60 L.Ed.2d 560 (1979)).

Whether to imply a private right of action is a matter of statutory construction, id. at 568, 99 S.Ct. 2479, which requires us to consider four factors:

First, is the plaintiff one of the class for whose especial benefit the statute was enacted, that is, does the statute create a federal right in favor of the plaintiff? Second, is there any indication of legislative intent, explicit or implicit, either to create such a remedy or deny one? Third, is it consistent with the underlying purposes of the legislative scheme to imply such a remedy for the plaintiff? And finally, is the cause of action one traditionally relegated to state law, in an area basically the concern of the States, so that it would be inappropriate to infer a cause of action based solely on federal law?

Cort v. Ash, 422 U.S. 66, 78, 95 S.Ct. 2080, 45 L.Ed.2d 26 (1975) (citations and internal quotations omitted); Crow Tribe of Indians v. Campbell Farming Corp., 31 F.3d 768, 769 (9th Cir.1994). If the first two factors do not support implying a private right of action, our inquiry ends. Touche Ross & Co., 442 U.S. at 575-76, 99 S.Ct. 2479; see Crow Tribe,

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Oliver v. Sealaska Corp., 192 F.3d 1220, 1999 WL 683897 (9th Cir. 1999).

192 F.3d 1220 (Oliver v. Sealaska Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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