Native American Legal Update

40th Anniversary Of The Siege Of Fort Lawton

Greg Guedel — Tue, 09 Mar 2010 08:46:18 -0800

An article in the Seattle Times commemorates the events of March 8, 1970, when more than 100 Native Americans and their supporters launched a forceful protest at Fort Lawton, a former Army base located in West Seattle. Railing against the government’s policies and treatment of Native people, the protestors occupied a portion of the base and declared it Tribal land "by right of discovery". The action garnered national attention; Jane Fonda joined the protesters and was herself arrested.

The protest, which lasted nearly a month, mirrored the occupation of the abandoned penitentiary at Alcatraz in 1969. That action was ultimately joined by thousands of Native American activists and sympathizers, including some of the leaders of the action at Fort Lawton: Colville tribal members Randy Lewis and the late Bernie Whitebear.

The Fort Lawton protesters drove to the base with red banners streaming from their vehicles. "Then all hell broke loose," Lewis said. "MPs [military police] descended on us, Jeeps were turned over, they started whaling on us, and people were thrown in jail." In news accounts of the time, protesters said they needed medical treatment for their injuries, while the military denied using excessive force. Lewis and other activists set up an encampment outside the gate. "We laid siege. We would not give up, and the military would not surrender. Sometimes there were 20 of us, sometimes there were 300." He remembered one night he was encamped alone when a car full of opponents drove by, throwing bottles. He retaliated with a shovel full of hot coals from his campfire, setting the interior of their car aflame. "That's the way it was back then," Lewis said.

The protest ultimately led to the creation of the Daybreak Star Indian Cultural Center , which opened in 1977. Today the center provides a range of services for people of any ethnicity, including Head Start and day care. Marty Bluewater, executive director of the United Indians of All Tribes Foundation, sees a special mission to serve the more than 85,000 Native Americans living in the King County metro area — about 20 percent of them below the poverty line. Asked how the struggle 40 years ago ended, Lewis answered, "It hasn't. It still goes on every day."

U of W Law Library Creates Tribal Court Decision Research Source

Greg Guedel — Mon, 08 Mar 2010 17:02:07 -0800

Finding Tribal Court decisions can be challenging. There is no comprehensive source for all Tribal Courts, and many Tribes' decisions are not published at all. This presents a significant research problem for legal practitioners and those with general interest in the decisions of Tribal Courts.

To address this information gap, the Gallagher Law Library at the University of Washington has created a Tribal Court Decisions website that provides data and links to Tribal Court decisions throughout the country. This first-of-its-kind resource gives an overview of the published decsions that are available for review, and directions on how to access them -- an invaluable tool for everyone looking to keep current on Tribal Cort decisions.

Tribal Non-Profit Organizations Seminar - 24 March 2010 In Seattle

Greg Guedel — Fri, 05 Mar 2010 15:57:28 -0800

Wednesday, 24 March 2010 is the date for a full-day seminar on developing and operating non-profit organizations in Native communities. Presented in partnership by the Washington State Bar Association’s Indian Law Section, Washington Attorneys Assisting Community Organizations, the Native American Unit of the Northwest Justice Project, and Foster Pepper PLLC, the seminar will cover numerous topics to assist those interested in forming charitable and other non-profit organizations, including:

Incorporation and Other State Law Issues
Application for Tax Exempt Status
Compliance Issues for Public Charities
Fostering Non-Profits In Indian Country
Cultural Awareness In Dispute Resolution

Program and registration forms are available HERE, and podcasts of the seminar presentations will be available on this website after the program.

$84 Million Federal Grant To Boost Broadband Access In Tribal Areas

Greg Guedel — Wed, 03 Mar 2010 11:13:04 -0800

U.S. Commerce Secretary Gary Locke has announced a $84 million Recovery Act investment to help the Northwest Open Access Network (NoaNet) deliver new and enhanced broadband capabilities to some of the more remote regions of Washington state. The grant will finance the addition of 830 miles of fiber optic cable and eight new microwave sites to NoaNet’s existing high-speed network. Among other benefits, the project plans to directly connect the Jamestown S’Klallam Tribal Center, library, and clinic, and the Shoalwater Tribal center and clinic, as well as provide connection opportunities for the Makah Tribal center and clinic.

“This critical investment will expand high-speed Internet service access to Washington libraries and hospitals, and eventually homes and businesses, helping to make them full participants in today’s 21st century information economy,” Locke said. “Having access to the Internet’s economic, health and educational benefits will help to improve the quality of life in these communities.”

The Department of Commerce’s National Telecommunications and Information Administration’s (NTIA) Broadband Technology Opportunities Program (BTOP), funded by the Recovery Act, provides grants to support the deployment of broadband infrastructure, to enhance and expand public computer centers and to encourage sustainable adoption of broadband service.

“This grant will help NoaNet take a major step forward in extending its broadband network to rural and underserved areas in Washington, including tribal centers for the Makah, Jamestown S’Klallam and Shoalwater Bay Tribes on the Olympic Peninsula,” U.S. Rep. Norm Dicks said. “This was the goal of our effort 10 years ago to make available excess BPA fiber capacity for this publicly-operated, non-profit project to drive broadband access beyond the major cities in the Northwest.”

Another Tribal broadband project currently awaiting NTIA funding is the Washington Rural Broadband Cooperative (WA-RBC), a non-profit agency started by the Tulalip Tribes. The WA-RBC project is an extremely high bandwidth initiative which delivers 10 Gb/s service to community anchor points (schools, tribal centers, libraries, and chambers of commerce), and leverages significant investments already made by the Tulalip Tribes in a data center and fiber optic infrastructure that can extend to other tribes and rural communities.

Canadian Conundrum: Mohawk Membership Laws Vs. Charter Of Rights And Freedoms

Greg Guedel — Mon, 01 Mar 2010 10:17:21 -0800

When the Mohawk Council of Kahnawake began presenting eviction notices this month to 25 non-natives living on their 13,000-acre reserve just south of Montreal, it sparked an outcry from non-Native human rights activists. The Mohawk Council’s priority is to protect their language, culture, and sovereignty, but outsiders have decried the action as a racist and illegal denial of Canada’s constitutional Charter of Rights and Freedoms.

A fundamental difference in view comes from perceptions of identity: the Mohawks do not see themselves as Canadians. The Council’s laws require a person to have at least four Mohawk great grandparents to live or own property in the Mohawk reserve. Any Mohawk who marries a non-native must leave. “Everyone knows the law: if you marry out, you stay out,” says Joe Delaronde, a spokesman for the Council. “If we don’t protect who we are, we will become Canadian citizens.”

The basic philosophy is embodied in the legal terms of the Kahnawá:Ke Membership Law:

We have consistently and historically exercised the right to determine our own membership. In recent times, we have been compelled to adopt measures that were necessary to ensure our continued survival as a Kanien'kehá:ka community.

This Law is another link in the unbroken chain of our historic struggle to survive as Kanien'kehá:ka of Kahnawá:ke. This Law is the result of a lengthy period of discussion and consultation within our community. It is an expression of the will of the Kanien'kehá:ka of Kahnawá:ke and is intended to reflect the values and principles described by the Elders of our community in their statement on membership: Entsitehwahahárahne.

This Law is an affirmation of our Indigenous and Treaty rights. This Law is essential if we are to survive and to thrive as Indigenous Peoples and as Kanien'kehá:ka of Kahnawá:ke.

The Kahnawake reserve was originally set up by the French in 1716, when the Mohawks were their allies against the British. Shortly afterwards, some French traders were asked by the Tribe to leave. In the modern context, evictions of non-Natives have been spurred by the fact that First Nations receive federal money for social services only for officially registered Natives. Canada’s minister of Indian affairs has stated the evictions make him “uncomfortable”, but says he can do nothing because First Nations have the right to say who lives on reserves. The Mohawk Chiefs deny the relevance of the Charter of Rights and Freedoms, stating that their relations with non-Natives are actually governed by the Two-Row Wampum Treaty, agreed with Dutch traders in the 17th century. The Treaty called for mutual non-interference, or as the Mohawk Council spokesman stated: “We stay in our canoe and you steer yours.”

Recognition Or Secession? US House Votes For Native Hawaiian Sovereignty

Greg Guedel — Sat, 27 Feb 2010 14:11:39 -0800

(Allposters.com)

By a vote of 245-164, the United States House of Representatives has passed the Native Hawaiian Government Reorganization Act. If subsequently passed by the Senate and signed into law by the President, the Act would transfer a percentage of public-owned lands to a native Hawaiian government within the state of Hawaii. The legislation would collect some 400,000 ethnic Hawaiians scattered across the country into a newly affiliated tribe, eventually endowed with the powers of a sovereign state, including freedom from state taxes and regulations and separate police power.

"The passage of the Native Hawaiian Government Reorganization Act is an important milestone for all the people of Hawaii," said U.S. Senator Daniel K. Akaka, the bill's author. "We have a moral obligation, unfulfilled since the overthrow of Queen Liliuokalani, that we are closer to meeting today. I am optimistic about bringing the bill to the Senate floor this year."

If enacted into law in its current form, the Act would:

Establish the U.S. Office for Native Hawaiian Relations within the Office of the Secretary of the Interior.

Establish the Native Hawaiian Interagency Coordinating Group.

Recognize the right of the Native Hawaiian people to reorganize the single Native Hawaiian governing entity to provide for their common welfare and to adopt appropriate organic governing documents.

Establish a Commission to: (1) prepare and maintain a roll of the adult members of the Native Hawaiian community who elect to participate in such reorganization; and (2) certify that the adult members of the Native Hawaiian community proposed for inclusion on the roll meet the definition of Native Hawaiian.

Outline the process for the reorganization, which includes forming a Native Hawaiian Interim Governing Council.

Reaffirm the special political and legal relationship between the United States and the Native Hawaiian governing entity upon certification required by the Secretary regarding the organic governing documents and the election of the entity's officers.

Extend federal recognition to the governing entity as the representative governing body of the Native Hawaiian people.

Authorize the United States, upon the reaffirmation of such political and legal relationship, together with the state of Hawaii, to enter into negotiations with the governing entity to lead to an agreement addressing specified matters, including the transfer of lands, natural resources, and other assets, and the protection of existing rights related to such lands or resources.

Opposition to the bill has arisen from numerous quarters. Hawaii’s Governor Linda Lingle has withdrawn her previous support and stated: “This structure will, in my opinion, promote divisiveness and litigation rather than negotiation and resolution.” During a Congressional hearing in 2009, U.S. Civil Rights Commission member Gail Heriot asked Congress: "If ethnic Hawaiians can be accorded tribal status, why not Chicanos in the Southwest? Or Cajuns in Louisiana?"

Inuit Inukshuk Symbolizes Vancouver's Olympics - But Who's Cashing In?

Greg Guedel — Tue, 23 Feb 2010 08:58:09 -0800

Vancouver Olympic Logo; Authentic Inuit Inukshuk (Arcticvoice.org)

The ubiquitous symbol of the 2010 Winter Olympics in Vancouver, Canada comes from an ancient cultural icon and practical tool of the Inuit people – the inukshuk. An inukshuk is a stack of stones traditionally used by the Inuit of the arctic to mark anything from a hunting spot to a food cache. In 2005, the Vancouver Organizing Committee for the Olympics chose a multicolored humanoid version of an inukshuk as the games' official 2010 emblem.

That set off a flurry of commercialization that has seen the inukshuk placed on an incredible variety of products and displays, including;

Key chains, bottle openers, T-shirts, snow globes, playing cards, and rain gear for dogs

The Inukie Cookie, which lets you build your own inukshuk out of maple-flavored shortbread

The Vancouver Aquarium’s 10-foot-high inukshuk made out of 4,368 cans of sustainably fished salmon and tuna

Canadian Tire Corp.’s $38.00 inukshuk garden statue

Richmond, BC’s six-story inukshuk built from several empty cargo containers

Chocolatier Daniel’s 320-pound inukshuk made of solid Belgian chocolate

No official program exists to provide a share of inukshuk product revenue to First Nations. However, some 1,000 Inuit carvers in the arctic territory of Nunavut have been hired to make authentic inukshuit for sale at the Olympics, says Dennis Kim, head of merchandising for the Vancouver Organizing Committee. A 15½-inch statue costs around $1,880.

Justice Department Unveils Plan of Action for Consultation and Coordination with Tribes

Greg Guedel — Wed, 17 Feb 2010 11:42:52 -0800

The Justice Department has made public its plan of action, submitted to the Office of Management and Budget (OMB), to improve consultation and coordination between the Justice Department and tribal nations, as directed by President Barack Obama’s Memorandum on Tribal Consultation. The Presidential Memorandum, signed on Nov. 5, 2009, at the White House Tribal Nations Conference, directed each federal agency to submit to OMB within 90 days a plan of action to implement President Clinton’s Executive Order 13175 on Consultation and Coordination with Tribal Governments. The Justice Department’s plan was submitted to OMB on January 27, 2010.

The Justice Department’s plan, which is available HERE, identifies the steps it will take to develop a comprehensive consultation and coordination policy with tribal nations, after robust tribal input. In addition, the department’s submission makes a commitment to:

• expand the role of the Office of Tribal Justice;
• create a Tribal Nations Leadership Council to ensure ongoing communication and collaboration with tribal governments;
• convene consultations between tribal leadership and U.S. Attorneys whose jurisdictions include federally-recognized Indian tribes;
• mandate annual meetings between the department’s grants offices and tribal leadership to discuss grants policies, concerns or funding priorities;
• create a new federal-tribal taskforce to develop strategies and guidance for federal and tribal prosecutions of crimes of violence against women in tribal communities; and
• publish a progress report within 270 days of the Presidential Memorandum evaluating the implementation of these reforms.

The Justice Department’s plan of action was driven largely by input gathered from the department’s own Tribal Nations Listening Session in late October 2009 and from the department’s annual tribal consultation on violence against women, as well as from written comments submitted by tribal governments, groups and organizations to the Justice Department and tribal consultation conference calls conducted by the Office of Tribal Justice.
The department’s plan to improve consultation and coordination with tribal governments comes a month after Attorney General Eric Holder announced sweeping reforms within the department to improve safety on tribal land. The Attorney General also announced that the Justice Department’s FY 2010 appropriation included an additional $6 million for Indian Country prosecution efforts, enabling the department to bring the federal justice system closer to Indian Country. More information is avalable HERE.

Wells Fargo Takes Another Run At Lac Du Flambeau Tribal Bond Lawsuit

Greg Guedel — Wed, 17 Feb 2010 11:10:31 -0800

When the Lac du Flambeau Tribe fell behind on repaying $50 million in bonds that financed its casino in northern Wisconsin, bond issuer Wells Fargo asked a federal judge to appoint a receiver to run the casino and increase payments on the debt service. After having its lawsuit dismissed in federal court on the basis of the bond agreement being an unauthorized management contract, the bank has made a motion to amend its original Complaint.

Wells Fargo respectively submits that the Court’s dismissal was contrary to Seventh Circuit precedent as well as fundamental fairness and basic due process because: (i) Wells Fargo was not granted leave to amend its Complaint to demonstrate that the defendant had waived sovereign immunity; and (ii) Wells Fargo was not permitted to present evidence and argument regarding whether the Trust Indenture was a “management contract” under the Indian Gaming Regulatory Act (“IGRA”) and its related regulations or to respond to defendant’s evidence.

Wells Fargo’s proposed amended Complaint alleges 14 causes of action against the Tribe, including breach of contract, reformation of the bonds and the indenture, restitution, unjust enrichment, fraud, negligent misrepresentation, and conversion. A copy of the amended Complaint can be accessed HERE. The amended Complaint asks the court to grant the following relief against the Tribe and in favor of Wells Fargo:

(1) Enter a judgment against the Defendant on each Count of the Complaint and
identified above;
(2) Order Defendant to pay Plaintiff such damages as have been sustained in
consequence of Defendant’s wrongful actions;
(3) Enter a declaratory judgment on the Bonds that Defendant has repudiated and breached the Bonds and is obligated to pay the full amount of principal and
interest;
(4) Enter a declaratory judgment that the principal and interest on the Bonds has been accelerated pursuant to the terms of the Trust Indenture;
(5) Order Defendant to pay all costs and expenses, including attorneys’ fees;
(6) Reform the Indenture and the Bonds to the extent necessary to conform with the Parties’ intent; and
(7) Order Defendant to provide restitution to Plaintiff in an amount to be determined by the Court.

Second Billion-Dollar Tribal Economic Development Bond Allocation Announced

Greg Guedel — Fri, 12 Feb 2010 09:35:19 -0800

The second billion-dollar tranche of Tribal Economic Development Bonds has now been allocated by the federal government, with the funding authorization being spread over 76 projects for Tribes throughout the country. The largest dollar allocation for any single project in this financing tranche is $30,000,000.00, which was authorized for five projects, with the remainder receiving smaller authorizations.

Examples of approved projects in the second allocation round include:

Campo Band of Mission Indians in California: $30,000,000.00 for Renewable Energy, Tourism, and Wastewater Facilities

Delaware Nation in Oklahoma: $27,253,437.90 for Retail, Industrial, Tourism, Housing, and Renewable Energy Facilities

Ohkay Owingeh in New Mexico: $22,913,488.65 for Refinancing, Recreational, Governmental, and Commercial Facilities

Yankton Sioux Tribe in South Dakota: $10,934,616.39 for Retail, Farming, Renewable Energy, Tourism, and Governmental Facilities

Confederated Tribes of the Umatilla Indian Reservation in Oregon: $5,330,048.86 for Health Facilities

Skokomish Indian Tribe in Washington: $1,822,436.05 for Refinancing

The complete list of Tribal projects authorized for bond issues in this second phase is available HERE.

Gonzaga University Hosts Major Tribal Law Conference -- 18 March 2010

Greg Guedel — Wed, 10 Feb 2010 09:41:52 -0800

On Thursday, March 18, 2010 Gonzaga University School of Law in Spokane, Washington will be the site for a far-ranging conference on legal issues of importance to Tribal communities and their advocates. Hosted by the Indian Law Section of the Spokane County Bar Association, the conference features nationally-recognized experts in numerous areas of law that are critical to Tribes. Registration information is available HERE. The conference itinerary and speaker list includes:

Thursday, March 18, 2010
8:00 a.m. Registration and Coffee

8:30 a.m. Introduction and Conference Overview
George Critchlow, Acting Dean, Gonzaga University School of Law, Spokane, WA
Juliana C. Repp, Esq., Chair, SCBA ILS, Spokane, WA
Moderator
Jessica Lee-Domebo, Esq., Chair Elect, SCBA ILS, Spokane, WA

8:40 a.m. The Indian Child Welfare Act – Tribal and State Perspectives (Identifying an Indian Child; Tribal staffing of ICW cases; domicile; utilizing Indian Child Welfare experts; status of Washington state programs) Lorraine Parlange, Kalispel Tribal Attorney
Ricki Peone Haugen, M.S.W., Indian Child Welfare Expert, Spokane, WA
Buffy Nicholson, Social Worker III, CFS, Colville Tribes
Brandelle Whitworth, General Counsel, Shoshone-Bannock Tribes
Jodi Felice, Assistant Attorney General for State of Washington

10:15 a.m. Break (hosted by Crowell Law Offices)

10:30 a.m. Tribal Court Practice; Inter-Jurisdictional Issues Arising in Tribal Courts (Tribal Court practice overview; abstention, exhaustion, removal; inter-jurisdictional issues)
Juliana C. Repp, Attorney at Law, Spokane, WA
Trudy Flamand, Chief Judge, Colville Tribal Court
Suzanne Ojibway Townsend, Chief Judge, Confederated Tribes of the Grande Ronde Community of Oregon Tribal Court
Winona Tanner, Chief Judge, Confederated Salish and Kootenai Tribal Court

11:45 a.m. Lunch

12:45 p.m. Labor and Employment Law Issues for Tribes
(FMLA; ADA; Pension Protection Act; and Tribal Considerations in drafting Employee Policies and Procedures)
Greg Guedel, Foster Pepper, PLLC
Julie Kebler, Foster Pepper, PLLC
Scott Wheat, Crowell Law Offices

2:00 p.m. Break (hosted by the Kootenai Tribe)

2:15 p.m. The Spokane River – Keeping it Clean: Issues Regarding Multi-Jurisdictional Regulatory Oversight
Michael Chappell, Esq., Director of the Environmental Law Clinic, Gonzaga University School of Law
Rick Eichstaedt, Esq., Spokane Riverkeeper, Center for Justice
Brian Crossley, Water and Fish Program Manager, Spokane Tribe of Indians

3:30 p.m. Ethical Issues Arising in Tribal and State Multi-Jurisdictional Practice of Law
Brian McClatchey, In-house Counsel, Coeur d’ Alene Tribal Casino

4:30 p.m. Adjourn
4:35 p.m. Meeting and Elections for the Spokane County Bar Association, Indian Law Section
5:00 p.m. Reception hosted by Gonzaga University School of Law

New York Times: Twilight And New Moon "Sucking The Quileute Dry"

Greg Guedel — Mon, 08 Feb 2010 10:27:10 -0800

This site has commented previously on cultural issues arising from the blockbuster film Twilight and its recent sequel New Moon. This week the New York Times features commentary by Angela R. Riley regarding the economic impact of the film and book series on the Quileute Nation, whose members are portrayed as shape-shifting wolf people locked in a centuries-long battle with local vampires.

Ms. Riley is Associate Director of the American Indian Studies Center at UCLA. Her analysis of the economic circumstances of the Nation is succinct:

“Twilight” has made all things Quileute wildly popular: Nordstrom.com sells items from Quileute hoodies to charms bearing a supposed Quileute werewolf tattoo. And a tour company hauls busloads of fans onto the Quileute reservation daily. Yet the Tribe has received no payment for this commercial activity. Meanwhile, half of Quileute families still live in poverty.

Celebrating Chief Phillip Martin -- "The Moses Of The Choctaws"

Greg Guedel — Sun, 07 Feb 2010 12:38:00 -0800

Hailed as "The Moses of the Choctaws" and "The Indians' Lee Iaccoca," Phillip Martin led the Choctaw Nation of Mississippi into printing and manufacturing of auto parts and electronics at the Mississippi reservation once called "the worst poverty pocket in the poorest state of the Union." Mr. Martin, who died Thursday at age 83, became chairman in 1959, and then elective chief until 2007.

By the 1990s, the Mississippi Choctaws had moved so far up the wage scale that they moved some of their lower-paid industrial jobs to Mexico. The Nation then concentrated on higher-margin businesses, including golf courses, a water park and two casinos. Revenue from the various businesses was spent on medical care, housing and primary education. Tribe members were granted scholarships to attend any U.S. university.

While Chief Martin was in office, the Nation introduced Choctaw language and cultural affairs preservation programs. As Choctaw chairman in the late 1960s, Mr. Martin used federal money to create a construction company employing Native workers. He convinced the nearby city of Philadelphia, Mississippi to underwrite a bond issue that financed an industrial park, and convinced General Motors to manufacture there and the American Greetings Corporation to print cards there. The Nation, which is one of the biggest employers in Mississippi, has said its business assets are worth over $1 billion. In the two decades ending in 1999, household income on the reservation, home now to about 9,000 people, jumped to $24,100 from $2,500, while unemployment fell from over 75% to about 2%.

NAFOA Conference Call On Tribal Finance - 10 February

Greg Guedel — Thu, 04 Feb 2010 15:19:13 -0800

Native American Finance Officers Association Conference Call Series
“Indian Country Financing at a Crossroads”
A Primer to NAFOA’s Next Decade Finance Conference
Wednesday, February 10 – 10:00AM Pacific / 1:00PM Eastern
Dial-In Number: (800) 965–6503
Conference ID: 54703566

NAFOA’s experts will weigh in on the recent Lac du Flambeau management decision, and then take a broader look at the potential crisis that may emerge with future tribal defaults. This call will begin to address the situations that will be discussed in greater depth and breadth at NAFOA’s “Next Decade Finance Conference,” March 16-17 in New Orleans.

The call will be moderated by NAFOA President Bill Lomax, who has been actively working with Tribal governments most of his career and has several years experience working on Wall Street helping tribes with financing and investments. An enrolled member of the Gitxsan Nation, Bill teaches in the area of financial literacy and has acted as a trainer in numerous Tribal financial education sessions

Can Theft Of Native Culture Occur - On Ice-Skating Costumes?

Greg Guedel — Mon, 01 Feb 2010 09:33:11 -0800

(Nick Verreos)

Russian figure-skaters Oksana Domnina and Maxim Shabalin are among the favorites to win gold at next month's Winter Olympics in Vancouver. However, the costumes and skating routine they have chosen have provoked less-favorable reviews from Aboriginal scholars and activists. The theme for their ice-dancing routine is intended as a tribute to Aboriginal peoples, with the skaters wearing suits with Native-inspired designs and their music featuring samples of Aboriginal instruments.

Despite good intentions, the pair have been criticized for co-opting cultural traditions without due respect or understanding. Bev Manton, chairwoman of the New South Wales Aboriginal Land Council, declared the skaters had misappropriated "a foreign culture, and used [it] inappropriately." "We see it as stealing Aboriginal culture," said Sol Bellear, a member of the Aboriginal Land Council.

Tribal Stimulus? South Dakota Sioux Left In The Cold

Greg Guedel — Thu, 28 Jan 2010 08:55:19 -0800

(Central Connecticut State University)

“They're out there melting snow and keeping a look out for any water they can use.”

“Schools have been out of session for a week and will likely be unable to open their doors for at least another week.”

“These events are showing just how painfully inadequate our emergency response capabilities are.”

In the midst of one of the worst winter storms in memory, the members of the Cheyenne River Sioux Tribe are struggling for survival. Located roughly 200 miles northeast of Rapid City, South Dakota, the Cheyenne River Reservation is home to 10,000 residents who have been without electricity and potable water for days. Worse still, the storms have critically damaged what little energy infrastructure the Tribe did have, making restoration of power and heat even more difficult. Freezing rain and wind have snapped off wooden power poles carrying the transmission wires. “Because of one ice storm, we had over 3,000 downed electrical lines and mass power outages," said Tracey Fischer, chief executive and president of First Nations Oweesta Corporation, a national nonprofit working on economic development in Native communities.

The problems from a lack of power in winter are compounded by the lack of running water. Although much has been said regarding the federal stimulus package and its components designed to assist Tribes with needed infrastructure, the Cheyenne River Tribe has for years asked Congress for funds to restore its ancient water system, which is decades overdue for an upgrade. The total cost would be about $65 million, but so far no allocation of federal funds has been made for the project.

Tribe Signs Landmark Union Labor Contract For Casino Dealers

Greg Guedel — Wed, 27 Jan 2010 08:45:03 -0800

The Mashantucket Pequot Tribal Nation has reached a tentative agreement with the United Auto Workers Union (UAW) for a labor contract and collective bargaining on behalf of 2500 of table-game dealers at Foxwoods Resort Casino in Connecticut. The agreement is unique both for its scale – Foxwoods is billed as the largest resort casino in the United States – and for the fact that it was negotiated in the context of Tribal law rather than federal labor law.

The agreement has several facets that differ significantly from typical union labor contracts. The Nation’s laws prohibit strikes by workers and lockouts by owners, so the contract does not contain a strike provision. In the event of a labor dispute that cannot be resolved through negotiation, the matter will be submitted to private arbitration for resolution. The contract provides an average 12 percent increase in dealers' wages over two years, changes the distribution of tips for dealers, includes programs to reduce repetitive stress injuries, and creates a 24-table smoke-free gaming pit for workers and customers who prefer a smoke-free environment.

For the UAW, the agreement is being heralded as a major victory in their union organizing efforts. "Working together, we proved casino workers can successfully exercise their right to have a union under tribal law," said UAW Region 9A Director Bob Madore. "Our settlement demonstrates what we have known all along: that tribal sovereignty and employee rights need not be inconsistent. We value the investment and jobs the Mashantucket Pequot Tribe has brought to Connecticut, and we look forward to promoting this exciting resort as a destination of choice for working families and union members across New England."

For the Mashantucket Pequot Nation, the agreement may provide a measure of financial predictability for its casino operations. The casino, by far the Nation’s largest revenue source, is behind in its debt repayments and has been working with creditors to restructure its financing. The agreement with the UAW sets wage and benefit rates for two years, and eliminates the potential for labor unrest or further legal battles with the union or the federal government.

Mashantucket Pequot Reaches Deal To Extend Foxwoods Casino Debt Forbearance

Greg Guedel — Tue, 26 Jan 2010 09:51:44 -0800

The Mashantucket Pequot Tribal Nation, owner of Foxwoods Resort Casino, has reached a new agreement in principle with its senior lenders to extend a debt forbearance agreement. The agreement is designed to provide more time to improve the casino’s cash flow and repayment ability as it works to restructure $2.3 billion of debt. The existing forbearance agreement would have expired January 20th; the new agreement extends the timeline to April 30, 2010.

The agreement in principle has been made with a majority of the Tribal nation’s lenders and will be finalized and executed shortly, according to the Tribe’s spokesperson. The statement emphasized that the Nation's debt restructuring efforts are separate and distinct from operations at Foxwoods and will not have any impact on guests, employees, suppliers or business partners at Foxwoods or MGM Grand at Foxwoods.

“Foxwoods remains committed to providing its guests with its signature guest service, unparalleled gaming options, the very best in entertainment, and world-class services, dining and amenities,” according to the statement.

Podcast: Legal Issues For Native-Owned Small Businesses

Greg Guedel — Mon, 25 Jan 2010 09:24:25 -0800

Native Talk Radio has aired an hour-long program regarding legal issues affecting Native-owned small businesses, and the unique factors of conducting business in and around Tribal communities. Host Annie O’Brien interviewed Foster Pepper’s Native American Legal Services Chair Greg Guedel on start-up considerations, contracts, government procurement programs, legal disputes, and a range of other topics pertinent to Native business ventures.

Download the podcast HERE, on Foster Pepper’s iTunes page, or from the Native Talk Radio homepage.

Native American Legal Update Now Available On Amazon Kindle

Greg Guedel — Mon, 25 Jan 2010 09:12:17 -0800

We are happy to report that Newstex, with Amazon Kindle, is extending this website into new and exciting technologies, such as e-book reading devices. Native American Legal Update is now available on the Kindle store, and you can subscribe to this site on the Kindle and take it wherever you go.

How do Blogs work on the Kindle? Unlike reading blogs on your PC, Kindle blogs are downloaded onto the device so you can read them even when you're not wirelessly connected. Unlike RSS readers which often only provide headlines, blogs on Kindle also give you full text content and images.