Native American Legal Update

New Native American Studies Publications From UW Press

Greg Guedel — Tue, 08 May 2012 08:12:45 -0800

The University of Washington Press is pleased to announce new publications in Native American Studies.

Ellavut / Our Yup'ik World and Weather Continuity and Change on the Bering Sea Coast -- Ann Fienup-Riordan and Alice Reardon

Ellavut / Our Yup'ik World and Weather is a result of nearly ten years of gatherings among Yup'ik elders to document the qanruyutet (words of wisdom) that guide their interactions with the environment. In an effort to educate their own young people as well as people outside the community, the elders discussed the practical skills necessary to live in a harsh environment, stressing the ethical and philosophical aspects of the Yup'ik relationship with the land, ocean, snow, weather, and environmental change, among many other elements of the natural world.

Ann Fienup-Riordan is author of many books on the Native peoples of Alaska, including Yuungnaqpiallerput / The Way We Genuinely Live: Masterworks of Yup'ik Science and Survival. Alice Rearden is a translator for the Calista Elders Council, the primary heritage association of Southwest Alaska. They also cooperated on the book Qaluyaarmiuni Nunamtenek Qanemciput / Our Nelson Island Stories: Meanings of Place on the Bering Sea Coast. You can learn more HERE.

Haa Léelk'w Hás Aaní Saax'u / Our Grandparents' Names on the Land

edited by Thomas F. Thornton

Haa Léelk'w Has Aaní Saax'u / Our Grandparents' Names on the Land presents the results of a collaborative project with Native communities of Southeast Alaska to record indigenous geographic names. Documenting and analyzing more than 3,000 Tlingit, Haida, and other Native names on the land, it highlights their descriptive force and cultural significance. With community maps, tables, and photographs, this book will be invaluable for those seeking to understand Alaska Native geographic perspectives.

Thomas F. Thornton is Senior Research Fellow and Director of the Environmental Change and Management Program at the Environmental Change Institute, School of Geography and the Environment, University of Oxford. He is the author of Being and Place among the Tlingit. You can learn more HERE.

Is it a House?

Archaeological Excavations at English Camp, San Juan Island, Washington -- Edited by Amanda K. Taylor and Julie K. Stein

Prehistoric houses on the Northwest Coast were built from wood, often within piles of discarded shells, leaving little archaeological evidence from which to confirm their presence. Is It a House? uses multiple lines of evidence to investigate whether the U-shaped depression surrounded by shells at the English Camp site on San Juan Island was originally a house constructed by native peoples.

Amanda K. Taylor is a PhD candidate at the University of Washington. Julie K. Stein is professor of anthropology and executive director of the Burke Museum at the University of Washington. You can learn more HERE.

The Nature of Borders
Salmon, Boundaries, and Bandits on the Salish Sea -- LIssa K. Wadewitz

For centuries, borders have been central to salmon management customs on the Salish Sea, but how those borders were drawn has had very different effects on the Northwest salmon fishery. Native peoples who fished the Salish Sea drew social and cultural borders around salmon fishing locations and found ways to administer the resource in a sustainable way. Nineteenth-century Euro-Americans, who drew the Anglo-American border along the forty-ninth parallel, took a very different approach and ignored the salmon's patterns and life cycle. As the canned salmon industry grew and more people moved into the region, class and ethnic relations changed. Soon illegal fishing, broken contracts, and fish piracy were endemic - conditions that contributed to rampant overfishing, social tensions, and international mistrust. The Nature of Borders is about the ecological effects of imposing cultural and political borders on this critical West Coast salmon fishery.

Lissa K. Wadewitz is assistant professor of history and environmental studies at Linfield College in McMinnville, Oregon. You can learn more HERE.

US Department of Labor Releases Proposed Tribal Consultation Policy

Greg Guedel — Thu, 19 Apr 2012 07:55:34 -0800

The U.S. Department of Labor today published in the Federal Register a proposed tribal consultation policy, creating a formal process through which the department will engage in consultation with federally recognized tribes on actions or policies that will have a significant impact on tribal nations. This policy would apply to any department action that affects federally recognized Indian tribes and requires that the department's government-to-government consultation involve both appropriate tribal and department officials.

"The development of the Labor Department's tribal consultation policy honors the relationship between the Native American community and the U.S. government, thanks to the president's leadership calling for ongoing engagement with tribal nations and communities," said Secretary of Labor Hilda L. Solis. "This policy aims to strengthen the U.S. government's interactions with sovereign tribal nations. We look forward to receiving feedback and implementing the policy."

On Nov. 9, 2009, President Obama cited Executive Order 13175, which was issued by President Clinton, tasking executive branch departments and agencies with engaging tribal nations to formalize federal programs that impact tribal communities.

Following the president's charge, the Department of Labor began devising a plan. A series of consultative listening sessions, including meetings with representatives of the Native American community, the department's Native American Employment and Training Council, and the National Congress of American Indians, preceded the finalization of the tribal consultation policy proposed today.

A public comment period will end June 18. Following the comment period, the department will evaluate comments for prospective changes to the proposed policy. To view the proposal and submit comments, click HERE.

New Billion-Dollar Settlement Announced For Tribal Land Claims Against US Government

Greg Guedel — Thu, 12 Apr 2012 11:01:04 -0800

The US government has agreed to pay more than $1billion to 41 Native American tribes, settling a long-running series of lawsuits focused on federal mismanagement of land and natural resources belonging to Tribal communities. This settlement is separate from the $3.4 billion Cobell settlement to compensate individual Native Americans for federal mismangement of trust assets.

The Tribal land claims dated back more than 100 years, when tribal land was given to white-owned companies under the provisions of the Dawes Act. The Department of the Interior manages nearly 56m acres of tribal trust lands and more than 100,000 leases covering land uses such as housing, farming and oil extraction. The claimants argued that the government did not compensate the tribes sufficiently for using their land.

"These settlements fairly and honorably resolve historical grievances over the accounting and management of tribal trust funds... that, for far too long, have been a source of conflict between Indian tribes and the United States," Attorney General Eric Holder said.

The settlements would help tribal governments improve infrastructure and healthcare after decades of inadequate funding, Ute Mountain Ute Tribe chairman Gary Hayes told the AP news agency.

In a statement, the US government described the settlement agreement as "a significant milestone in the improvement of the United States' relationship with Indian tribes".

Seattle University Launches Landmark American Indian Law Journal

Greg Guedel — Mon, 02 Apr 2012 13:38:05 -0800

“Running Eagle Takes Her Enemy” by Terrance Guardipee

The Center for Indian Law and Policy at Seattle University has published the first edition of the American Indian Law Journal, a scholarly resource specifically tailored to advocates for Native American communities. In contrast to traditional law review journals that are expensive to buy and difficult to obtain, the AILJ is designed to be affordable and readily available to Tribal advocates through electronic access. You can read the first edition HERE.

Editor-in-Chief Julia Pahlow, Managing Editor Bree Blackhorse, and Professor Eric Eberhard have worked for over two years to conceive, plan, organize, and publish this landmark resource for Native legal scholars and practitioners. They welcome articles and information submissions from potential authors, and you can contact them HERE.

Port Gamble S'Klallam Obtain Full Control Over Child Welfare Matters

Greg Guedel — Thu, 29 Mar 2012 07:07:03 -0800

After a decade-long effort in conjunction with the federal and state departments of Health and Human Services, the state Attorney General's Office, and tribal lawyers, the Port Gamble S’Klallam Tribe has achieved a landmark goal -- complete control over the welfare of their own children. The 1,000-member Tribe in western Washington became the first in the nation to assume all control of guardianships, foster care, and adoptions for their children. Under an agreement with the federal government, the Tribe has disengaged the oversight by DSHS and is now solely responsible for its child-welfare cases.

The contemporary practice of removing Native American children from reservations in child-welfare cases has been likened to the infamous boarding-school era, when the federal government forcibly placed Native children in state or religious institutions to “assimilate” them into “American” culture.

To break away from this system, Port Gamble S'Klallam's children and families coordinator Jolene George has spent years working with DSHS to draft policies on how they would handle child-welfare protocols, which are listed under Title IV-E of the Social Security Act. "We will no longer lose our children," George said. "We didn't do this with a grant. We put our efforts, our money and whatever we could to do this."

Francine Swift, a member of the Port Gamble S'Klallam Tribal Council, said it's vital to have children stay on the reservation so they don't forget their ancestry and traditions. She said that before the Indian Child Welfare Act, children were adopted out and lost complete contact with their relatives, ancestors, and culture. "We never want to see our kids go through this again," Swift said.

Tribes Push for Sovereignty in Violence Against Women Act

Myles Fong — Fri, 09 Mar 2012 10:10:14 -0800

Native American leaders are pushing for the support of two more Republican senators as Sen. Orrin Hatch, R-Utah and Sen. Lisa Murkowski, R-Alaska, have recently dropped their support for the re-authorization of the 1994 Violence Against Women Act.

Among other new provisions, the bill will give tribes the authority to prosecute non-Indian suspects that commit acts of violence against Native American women on tribal land. GOP opponents of the bill have expressed their concern to giving tribes jurisdiction over non-Indians.
The United States Supreme Court ruled in Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978), that Tribal courts don't have criminal jurisdiction over non-Indians.

The Senate Bill (s.1925) currently has 58 sponsors.

Source

Navajo Nation Fights for Its Name

Myles Fong — Mon, 05 Mar 2012 10:14:21 -0800

The Navajo Nation recently sued apparel retailers Urban Outfitters, Free People and Anthropologie (both subsidiaries of Urban Outfitters) for alleged trademark violations and violation of the federal Indian Arts and Crafts Act for selling goods under the "Navajo" name.

Aside from selling some questionable and potentially offensive items like the infamous "Navajo Flask" and the Navajo Hipster Panty, Urban Outfitters is specifically accused of selling various items that violate ten of the Navajo Nation's trademarks.

The trademarks guarantee that the Navajo Nation has the exclusive right to sell goods under the "Navajo" name for things such as clothing and footwear. You can view the Nation's lawsuit complaint HERE.

In addition to trademark violations, Urban Outfitters is accused of violating the Indian Arts and Crafts Act which makes it "...unlawful to offer or display for sale or sell any good, with or without a Government trademark, in a manner that falsely suggests it is Indian produced, an Indian product, or the product of a particular Indian or Indian tribe or Indian arts and crafts organization, resident within the United States."

The local Seattle outdoor retailer Filson takes a different path from Urban Outfitters that both avoids litigation and supports native tribes at the same time. Filson partners with the Salish tribe in British Columbia to produce hand knit clothing that utilizes authentic native designs and craftsmanship.

Cobell Appeal Hearing Set For May 15, 2012

Greg Guedel — Tue, 28 Feb 2012 09:07:57 -0800

The next hearing of an appeal in the $3.4 billion Cobell settlement case is set for 9:30 am on May 15th, 2012 in the Federal District Court for the District of Columbia Circuit. Circuit Judges Brown and Griffith and Senior Circuit Judge Ginsburg will be the panel that hears the oral arguments of the parties.

All appeals of the Cobell settlement must be resolved before any of the $3.4 billion can be paid out to the thousands of Native Americans across the country who are entitled to a share. The Court has not yet indicated when it will render its decision after the May 15th hearing, or if this decision will finally resolve the remaining claims that are holding up the payments.

Federal Prosecutions Still Weak For Crimes On Reservations

Greg Guedel — Wed, 22 Feb 2012 09:18:26 -0800

Given that Tribes have been limited by Congress in their jurisdiction and available punishments for crimes committed within Reservations, prosecution of major crimes like murder is typically reserved for federal law enforcement agencies. A chronic problem that continues to plague Tribal communities is the failure of federal agencies to actually investigate and prosecute cases occurring on Reservations. This week the New York Times is featuring an article detailing the extent of this continuing failure.

“One of the basic problems is that not only are they declining to prosecute cases, but we are not getting the reason or notification for the declination,” said Jerry Gardner of the Tribal Law and Policy Institute in West Hollywood, Calif., which works with Tribes to develop justice programs. “The federal system takes a long time to make a decision, and when it comes to something like a child sexual assault, the community gets the message that nothing is being done.”

Under federal law, Tribal Courts have the authority to prosecute “Indians” for crimes committed on reservations, but cannot sentence those convicted to more than three years in prison. If a crime is committed by a “non-Indian”, Tribes have no jurisdiction at all. As a result, Tribes must seek federal prosecution for serious crimes.

In 2011, federal prosecutors declined to file charges in 52 percent of cases involving the most serious crimes committed on Reservations, according to figures compiled by Syracuse University. The government did not pursue rape charges on Reservations 65 percent of the time, and rejected 61 percent of cases involving charges of sexual abuse of children. By contrast, the Justice Department declined only 20 percent of drug trafficking cases nationwide, according to the federal figures.

Once federal prosecutors do decline a case, they seldom hand over evidence to Tribal Courts, according to the Government Accountability Office. A GAO office report last year also found that federal prosecutors often fail to tell Tribes that they have declined cases until after the Tribe’s statute of limitations has expired, leaving no legal authority for the Tribe to pursue its own prosecution.

Peru Struggles To Protect Uncontacted Amazon Tribe

Greg Guedel — Tue, 07 Feb 2012 08:42:36 -0800

(Survivalinternational.org)

Peruvian authorities are struggling to help preserve the way of life of the Mashco-Piro tribe, a previously isolated Amazon people who began appearing on the banks of a river popular with environmental tourists. The advocacy group Survival International has released photos showing members on the river bank, described as the most detailed sightings of uncontacted indigenous people ever recorded on camera.

The release of the photographs comes on the back of increased violence as the tribe looks to steer away outsiders, including curious onlookers and logging and mining companies who are trying to force them off their land.

The Mashco-Piro are believed to be one of about 15 uncontacted tribes in Peru that together are estimated to number between 12,000 and 15,000 people living in jungles east of the Andes. Beatriz Huerta, an anthropologist who works with Peru's agency for indigenous affairs, speculated that the tribe left the relative safety of their tribe's jungle home because their habitat was becoming increasingly encroached upon. "To the west of the territories of the Mashco-Piro in Madre de Dios is the basin of the Urubamba river," Huerta said. "That's where the oil and gas drilling project of Camisea is located. We are very worried because there is a great possibility that the helicopters flying over are scaring the animals away. These animals are the source of food for indigenous people."

Experts are concerned the tribe may be decimated by a disease borne by outsiders, as has occurred with other uncontacted peoples, but it is still a mystery to them why the Mashco-Piro have appeared in an area so heavily trafficked. After the first sightings, and after tourists left clothing for the Mashco-Piro, state authorities issued a directive barring all boats from going ashore in the area. But enforcing it has been difficult as there is no effective policing.

Tulalip Tribal Members Fight Drugs With Facebook

Greg Guedel — Fri, 03 Feb 2012 09:27:07 -0800

(Photo by Roy Pablo)

Frustrated with the negative impact of illegal drugs in his community, Tulalip member Roy Pablo is using social media to build a grassroots campaign against drug-trafficking on the reservation.

His Facebook group, “Tulalip Tribal Members Fight against Drugs,” now has hundreds of members. The site provides information on the community effort and helps people schedule in-person meetings for anti-drug action.

“A lot of people were talking about the deaths and the overdoses going on in our community,” Pablo said. “People were getting sick of it, but no one ever said anything.” The idea is “letting them know that we're not taking this anymore, we're standing up for our community, and we're going to fight for it too,” he said. “We can't let them get away with it anymore.”

People wishing to support the mission are encouraged to join the Facebook group for information about upcoming meetings and events

New Article Explores Federal/Tribal Hydroelectric And Water Rights Issues

Greg Guedel — Wed, 01 Feb 2012 09:32:04 -0800

Attorney Tom Schlosser has published a significant new article regarding Tribal water rights in the Klamath Basin, and the federal government’s apparent acquiescence to corporate interests at the expense of Tribal rights.

The core of the issue is the federal government’s decision to not require energy company PacificCorp to remove certain antiquated dams on the Klamath River. Dam removal would have significant benefit for Tribal water rights and the Klamath Basin ecosystem – but would cost the company millions of dollars in removal expenses. The decision to postpone the dam removal “is a great outcome for PacifiCorp shareholders, but a poor result for the Klamath River ecosystem, and a feeble outcome by the federal trustee who long ago committed to protecting the Indian tribes’ rights to make a livelihood based upon taking of salmon and other fish.”

The full text of the article can be accessed HERE.

Free Tribal Retirement Plans Webinar -- Tuesday 31 January

Greg Guedel — Thu, 26 Jan 2012 14:39:14 -0800

Please join us Tuesday, January 31, 2012 | 10:00 – 11:30 am (PST) for a complimentary webinar session, as part of the continuing Tribal Retirement Plans Forum. Our topic this session:

IRS Requests Comments on Sovereignty over Retirement Plans

On November 7, 2011, the IRS solicited comments from the public on possible standards for determining whether a tribal retirement plan is a governmental plan. This Forum session covers the IRS’ request for comments and what Tribal Governments can do to respond.

Major New Online Resource For Tribal Law And Courts Launched

Greg Guedel — Wed, 25 Jan 2012 11:20:08 -0800

The Tribal Law and Policy Institute is pleased to announce the launch of the enhanced & updated Walking on Common Ground web resource, which provides a wealth of information on Tribal law and Tribal Court practice.

The primary focus of the website is:
* Identify and develop resources concerning tribal/state court collaboration & promising practices
* Identify and develop resources concerning Public Law 280 tribal/state court collaboration & promising practices
* Subject areas include: courts, law enforcement, detention, child welfare, and multi-agency agreements

Features of the website include:
* Tribal-State agreements by topic
* Tribal-Federal Collaborations
* Promising Practices stories and quotes
* Resources on the TLOA
* Interactive searchable map of agreements
* Listing of all federally recognized tribes, tribal websites and counties, by state
* Jurisdictional information

Upcoming features include:

* Tribal-State Court Promising Strategies Publication

* Public Law 280 Promising Strategies Publication

* Additional tribal-state collaborations in the area of Detention and Child Welfare

* Additional tribal-federal collaborations

The Tribal Law and Policy Institute welcomes your submissions of new information to add to this resource. Please contact Heather Valdez Singleton for more information: heather@tlpi.org ; 323-650-5667.

Tribal Gas Tax Exemption Under Fire

Greg Guedel — Fri, 13 Jan 2012 13:08:08 -0800

Erik Smith/ Washington State Wire

A group representing nontribal gas station owners says the tribes get an unfair tax break that lets them beat the competition on price. Under compacts with 16 tribes, Washington state gives them a 75 percent discount from state gas taxes. There are 51 tribal gas stations in Washington, where fuel prices are consistently 7 to 12 cents a gallon less than at other stations due in part to the tax rebate. If tribes were to pay the full amount, the state would reap an additional $30 million a year to fix highways.

In 2007, the Legislature passed a law allowing Gregoire to make fuel-tax compacts with the tribes. When they buy fuel, the tribes pay the full wholesale price, including 38 cents a gallon tax upfront. The state sends them a rebate check for 75 percent of the tax.

The Automotive United Trades Organization (AUTO), which represents nontribal service stations, is suing the state. AUTO argues that the existing compacts violate the state constitution, because the 18th Amendment requires gas taxes be used only for highway purposes. The state counters that, based on court rulings, it would collect no fuel tax at all from tribes if it weren't for the compacts. Tribes are required to use the tax rebates for transportation, and often do, but details of how the money is spent are exempt from public disclosure.

"No one but the tribes know, and they will not let anyone look at their books," said Tim Hamilton, a former Grays Harbor-area station owner and executive director of AUTO. The Puyallup Tribe voluntarily posts a description of its road projects and some cost information on its website. Audit reports by the tribes are typically provided to the Department of Licensing, but those cannot be reviewed by the public or lawmakers.

Where's My Cobell Money?

Greg Guedel — Wed, 04 Jan 2012 15:29:49 -0800

Many Native Americans are wondering about the status of the $3.4 billion Cobell settlement, and when the funds will be paid to those who are eligible.

The United States District Court for the District of Columbia granted Final Approval for the Indian Trust Settlement at the Fairness Hearing in 2011. Final Approval will become effective and payments will be distributed once all appeals have been resolved.

There are two active appeals. The first was filed by Kimberly Craven on August 6, 2011. The other is a consolidated Appeal of Carol Eve Good Bear, Charles Columbe, and Mary Aurelia Johns who are being represented by David C. Harrison. This was filed on September 30, 2011. These appeals could collectively delay payment by one year or longer.

IF YOU HAVE QUESTIONS ABOUT COBELL SETTLEMENT PAYMENTS, YOU CAN:

Call Toll-Free: 1-800-961-6109

Email: Info@IndianTrust.com

Send a letter to: Indian Trust Settlement, P.O. Box 9577, Dublin, OH 43017-4877

Department Of Interior Unveils New Tribal Consultation Policy

Greg Guedel — Wed, 04 Jan 2012 11:22:49 -0800

Secretary of the Interior Ken Salazar and Assistant Secretary for Indian Affairs Larry Echo Hawk have unveiled the new Tribal Consultation Policy for the Department of the Interior, designed to launch “a new era” of enhanced communication with American Indian and Alaska Native tribes.

“This comprehensive initiative reflects President Obama’s commitment to strengthening the government-to-government relationship between the United States and tribal nations and recognizing their fundamental right to self-governance,” Secretary Salazar said in signing a Secretarial Order implementing the departmental policy. “The new framework institutionalizes meaningful consultation so that tribal leaders are at the table and engaged when it comes to the matters that affect them.”

“Under this policy, consultation will be an open, transparent and deliberative process,” said Assistant Secretary Echo Hawk. “Forging a strong role for American Indian and Alaska Native tribes at all stages in the government’s decision-making process will benefit Indian Country and federal policy for generations to come.”

Developed in coordination with tribal leaders – including meetings in seven cities with more than 300 tribal representatives – the new policy sets out detailed requirements and guidelines for Interior officials and managers to follow to ensure they are using the best practices and most innovative methods to achieve meaningful consultation with tribes.

The policy creates a framework for synchronizing Interior’s consultation practices with its bureaus and offices by providing an approach that applies in all circumstances where statutory or administrative opportunities exist to consult with the tribes - including any regulation, rulemaking, policy, guidance, legislative proposal, grant funding formula change or operational activity that may have a substantial and direct effect on a tribe.

Interior bureaus and offices, which are required to designate one or more Tribal Liaison Officers, must examine and change their consultation policies within 180 days to ensure they are consistent with the new departmental policy. Under the policy, Interior officials will identify appropriate tribal consulting parties early in the planning process, provide the tribes a meaningful opportunity to participate in the consultation process, and participate in a manner that demonstrates a commitment and ensures continuity.

A copy of the full policy can be accessed HERE.

Tribes Take Lead In Implementing UN Declaration

Greg Guedel — Mon, 19 Dec 2011 09:46:09 -0800

Robert T. Coulter (Citizen Potawatomi Nation), Executive Director of the Indian Law Resource Center, is preparing a series of articles on the United Nations Declaration on the Rights of Indigenous Peoples, and how Tribes throughout the United States are taking a lead role in its implementation. As a preface, Mr. Coulter has offered observations on current issues and efforts toward progress, excerpts from which include the following:

It has been just a year since President Obama announced the Administration’s support for the UN Declaration on the Rights of Indigenous Peoples and promised action to implement at least some of those rights. Across the country, tribal governments are seizing the Declaration and using it creatively to protect their lands and resources, and especially their rights to cultural and sacred sites.

Not surprisingly, other Indian and Alaska Native nations are using the Declaration to seek changes in federal laws and regulations, re-establish tribal jurisdiction to address violence against Native women and other crimes, regain control over Native lands and resources, and promote economic development. Obviously, tribes want to see real, concrete changes in federal laws, regulations, and policies – changes that will improve the lives of their citizens or members and assure the well-being of each tribe or nation. It is going to take a strong, national campaign by tribes to get serious, concrete changes made. Tribes will need to come together behind specific proposals for changes in administrative regulations and policies and for corrective legislation. The UN Declaration is a very useful guide for what changes are necessary. It contains dozens upon dozens of rights covering nearly every conceivable topic. Tribes are studying these detailed provisions, making strategies, and deciding what changes are most important – what elements of the Declaration to implement first.

(A) top concern almost everywhere is environmentally safe and sustainable economic development. The Declaration contains many provisions that could help tribes to gain real control of their lands and resources and overcome some of the worst barriers to development in Indian Country. The provisions in the Declaration that acknowledge tribes’ rights to self-governance, to manage their own lands and resources, and to protect their subsistence economic activities, and that prohibit discrimination against tribes and their members, will all contribute to creating a positive climate for business, investment, and economic development in Indian Country. A number of important proposals for changing federal law to give tribes a fair chance for development have been drafted by the Indian Law Resource Center with the support of the Indian Land Tenure Foundation. These are available on our website at www.indianlaw.org.

Another top priority is the protection and restoration of tribal governmental jurisdiction in order to increase the ability of tribes to prosper and survive, and especially to increase tribes’ ability to deal with the problem of violence against Native women. The UN Declaration contains more than 15 articles spelling out and protecting many aspects of tribal self-government and jurisdiction. These detailed provisions, along with the Administration’s support for them, could stop excessive interference and change the way the federal government deals with tribal governments. This could give tribal governments a greater chance for success and increase safety in all Native communities.

The protection of and access to sacred sites is yet another set of issues often raised by tribes. The Declaration acknowledges that tribes have “the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains.” These provisions call for serious changes in federal law and policy. In July, the Yocha Dehe Wintun Nation and the Cortina Band of Wintun Indians used the Declaration to successfully negotiate a cultural easement on a municipal park in California. The easement, which will be permanently associated with the park, allowed the tribes to cancel the construction of bathrooms on a sacred site, and to relocate and resize a planned new parking lot so that visitor traffic will be diverted from sacred sites.

White House Tribal Nations Conference Progress Report Released

Greg Guedel — Tue, 06 Dec 2011 12:31:41 -0800

The White House has released a Progress Report detailing the actions and policies that have emerged from the Tribal Nations conference meetings conducted beginnning in 2010. In his addresses relating to the conferences, President Obama made clear: “What matters far more than words—what matters far more than any resolution or declaration—are actions to match those words.” The White House report states:

The Administration’s commitment to that standard of action is reflected in the many federal policies and programs discussed throughout this report that are being implemented by federal agencies in response to concerns raised by American Indians and Alaska Natives. These policies are focused on healthcare, education, public safety and economic development for American Indian and Alaska Native communities and protecting tribal lands and the environment.

You can review the entire Progress Report HERE.

Tohono O'odham Nation "Shadow Wolves" Track Smugglers On Arizona/Mexico Border

Greg Guedel — Mon, 28 Nov 2011 13:58:22 -0800

Brian Bennett / Los Angeles Times

Kevin Carlos is a member of the Shadow Wolves, a team of eight American Indian trackers who stalk drug smugglers though the desolate canyons and arroyos of the Tohono O'odham Nation reservation.

"I like to think I am protecting not only the U.S. but my area as well, my home," he says.

The Shadow Wolves work for U.S. Immigration and Customs Enforcement, or ICE. To join the special unit, each officer must be at least one-quarter Native American and belong to a federally recognized tribe.

The trackers spend their days traversing the most isolated parts of the reservation, an 11,000-square-mile parcel of land in southern Arizona that shares a 73-mile border with Mexico. The nation, as it is called here, is the size of Connecticut and populated by more than 13,000 tribe members - slightly more than one per square mile.

There are no street signs and few paved roads. On the state highway, it takes three hours to drive from end to end.

The Shadow Wolves walk ridgelines, ride ATVs and roll high-powered pickups over mounds of shale and through rutted washes. They've trained their eyes to read the desert's tells:

Fresh tire tracks shimmer in sunlight.

Old footprints are crisscrossed with insect trails.

Marijuana bales leave burlap fibers on mesquite thorns.

When the U.S. Border Patrol clamped down on crossings in an area east of the reservation five years ago, smuggling rings moved their routes to the forbidding 60-mile backcountry corridor that crosses Tohono O'odham lands. Two billion dollars worth of marijuana, cocaine and heroin have moved through the reservation since then, according to ICE estimates.

The Shadow Wolves use GPS locaters, high-powered radios and other modern tools, but it is their tracking skills and their feel for the hidden box canyons, caves and seasonal watering holes that make them formidable counter-narcotics agents.

"It takes patience. These guys think they are out in the middle of nowhere, scot-free," Carlos says. "Then we find them."

For more information on the Shadow Wolves, read the LA Times article HERE.