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MAY 2016 7.95 S.R. Tommie The Wings of Success THE 21ST-CENTURY VOICE FOR BUSINESS INVESTMENT AND PROFITABLE ECONOMIC DEVELOPMENT OPPORTUNITIES IN INDIAN COUNTRY 1 9 0 0 A T T O R N E Y S 3 8 L O C A T I O N S W O R L D W I D E Greenberg Traurig s American Indian Law Practice Group is a multidisciplinary legal and governmental affairs team. We strive to provide wide-ranging legal representation for litigation transactional and public policy matters concerning Native Americans Alaska Natives and Native Hawaiians. Our Proven Track Record The GT American Indian Law Practice Group is equipped to provide a wide range of legal services to our clients. We deliver targeted legal and public policy counsel to Tribal governments associated business enterprises and other entities and to companies governments and non-profit organizations working with Tribes or investing in related commercial opportunities. GT s practice encompasses the full diversity of Tribes as self-governing sovereigns engaged in wide-ranging business endeavors nationally and internationally embracing virtually the entire range of litigation and transactional matters. Jennifer H. Weddle (co-chair) 303.572.6565 weddlej gtlaw.com Loretta A. Tuell 202.331.3141 tuelll gtlaw.com Harriet McConnell 303.685.7486 mcconnellh gtlaw.com Troy A. Eid (co-chair) 303.572.6521 eidt gtlaw.com Heather Dawn Thompson 303.572.6500 thompsonhd gtlaw.com Robert S. Thompson IV 303.572.6572 thompsonro gtlaw.com Robert S. Thompson III 303.685.7448 thompsoniii gtlaw.com Maranda S. Compton 303.685.7443 comptonm gtlaw.com Laura E. Jones 303.685.7481 jonesla gtlaw.com G R E E N B E R G T R A U R I G L L P A T T O R N E Y S A T L A W W W W . G T L A W . C O M Greenberg Traurig is a service mark and trade name of Greenberg Traurig LLP and Greenberg Traurig P.A. 2015 Greenberg Traurig LLP. Attorneys at Law. All rights reserved. These numbers are subject to fluctuation. 26520 Window of Opportunity The Navajo Nation Projects Bids & Contracts Job Vacancies Tourism Scholarships visit http www.navajo-nsn.gov TABLE OF CONTENTS MAY 2016 VOL.1 NO.3 16 Cover Story 6 Publisher s Letter 8 Editor s Letter 12 Tourism Route 66 in Indian Country S.R. Tommie The Wings of Success 36 Tribal Business Trends Waterway to Economic of Life Part Two Dancing with Salmon The Success & Traditional Ways 51 Native Scene 2016 Navajo Nation Economic Summit and the Native American Finance Officers Association s 34th Annual Conference 22 Federal Procurement Do You Sell Apples 40 Technology Decade Cayuse Technologies Tribally Owned Business Grows Small Town for a 54 Gaming The Mashpee Wampanoag Tribe Breaks Ground on First Light Resort & Casino 24 Financial Revisiting IGRA Tribal Federal & State Jurisdiction of Tribal Economic Development 44 Tribalnomics Confederated Salish & Kootenai Tribes First in Nation to Own and Operate Hydroelectric Dam 56 Communications It s on the Website (...and Why That s Not Enough) 28 Environment What Does the Land Say 32 Entrepreneurial Spirit Native Artists 58 In the News 48 Trade Association Partners 64 HousingConstruction Kautaq The Native American Contractors Association Advocating to Advance Opportunities for Native Federal Contractors Tribal Collaboration Creates Unprecedented Housing Project Eighth Generation Aims to Create Sustainability for Navajo reservation at Monument Valley National Park 4 MAY 2016 www.tribalbusinessjournal.com Focusing on Innovative Tribal Economic Development and Corporate Governance Creation of Long Lasting Corporate Structures and Entities Sound Business Acumen and Finance Expertise Proven Negotiation Skills that Emphasize and Respect Tribal Sovereignty Financial Services and Tribal Lending Creative Solutions to Complex Problems Successful Litigation Strategy Development www.rosettelaw.com 193 Blue Ravine Road Suite 255 Folsom CA 95630 (916) 353-1084 (916) 353-1085 ghash rosettelaw.com nstgermain rosettelaw.com 565 W. Chandler Blvd. Suite 212 Chandler AZ 85225 (480) 889-8990 (480) 889-8997 rosette rosettelaw.com 25344 Red Arrow Highway Suite B Mattawan MI 49071 (269) 283-5005 (517) 913-6443 kwichtman rosettelaw.com 1100 H St. N.W. Suite 400 Washington D.C. 20005 (202) 652-0579 (202 525- 5261 sbazzazieh rosettelaw.com PUBLISHER S LETTER T Publisher Sandy Lechner hank you to all of our readers and advertisers for your friendship and partnership as we continue to grow and develop TBJ. As the premier Native business and economic development source TBJ is proud to be a part of the exciting renaissance that is happening in Indian Country. As we attend various economic development finance business gaming housing and technology conferences we have the privilege of meeting some of the great thought leadership in Indian Country. Having tribal and business leaders discuss issues such as the separation of tribal and business leadership the importance of electing the most qualified leaders versus the most popular and a host of other hot-button topics is vital to the future of Indian Country economies. Friends The most progressive and advanced minds in Indian Country clearly understand that progress while oftentimes awesome and rewarding is almost always painful. Progress always means that we change we abandon some old habits behave differently stretch beyond our comfort zones and take risks. The focus we are seeing with regard to intertribal communication with regard to growth on and off the reservations and with regard to education finance and technology are all extremely encouraging. They will mean great things for Indian Country in the future. TBJ is committed to being part of this Indian Country economic renaissance. We are committed to providing the highest-quality publication targeted Indian Country leadership distribution editorial content advertising opportunities and Indian Country association partnerships. We encourage your thoughts and want to start an op-ed page in our next edition. I invite you to send your opinions suggestions and of course advertising leads. We will review all and share those that are thought-provoking and will be productive reading for everyone. As always we are grateful to all involved with TBJ With warm regards Sandy Lechner Publisher Sandy Lechner may be reached at slechner tribalbusinessjournal.com or 954.377.9691. 6 MAY 2016 www.tribalbusinessjournal.com Who is NAFSA Tribal lenders provide financial solutions for the 63% of Americans who said they don t have the savings to cover a 500 car repair or a 1 000 medical bill. The Native American Financial Services Association (NAFSA) formed in 2012 to protect and advocate for Native American sovereign rights and enable tribes to offer responsible online lending products. Today NAFSA works with more than 15 tribes to set best practices for these lending businesses forge positive working relationships with state and federal governments protect online installment loan borrowers and advance economic opportunities in Indian country for the benefit of tribal communities. NAFSA Facts All voting members of NAFSA are federally-recognized tribes and all NAFSA board members are elected tribal leaders. More than 8 federal lending laws are incorporated into NAFSA s minimum operating standards. Tribal Benefits Tribal governments have earned millions of dollars in revenue from e-commerce. Up to 75% of NAFSA tribal members revenue comes from online lending. Borrower Facts NAFSA members meet an essential need for over 17 million Americans who use the Internet to access short term credit. Nearly 93 million Americans are unbanked or underbanked. NATIVE AMERICAN FINANCIAL SERVICES ASSOCIATION For more information please visit mynafsa.org journal EDITOR S LETTER I Editor-in-Chief Levi Rickert (Prairie Band Potawatomi Nation) See the Need Fill the Need n order to keep money flowing within Indian Country there is a need for more American Indian- and Alaska Nativeowned businesses. One tenet I learned as a Potawatomi boy was that American Indians should take of our tribal communities. When Native people make a concerted effort to keep money flowing internally we can help each other prosper. And when Native communities prosper Native lives will improve. According to the latest statistics available from the U.S. Census Bureau s Survey of Business Owners American Indian- and Alaska Native-owned businesses comprise just 1 percent of the total United States economy. Given that American Indians and Alaska Natives make up 2 percent of the country s population there is room for substantial growth. Navajo Nation President Russell Begaye highlighted this need during his keynote address at this year s National RES in Las Vegas. He said that 80 percent of the contracts he signs on behalf of the Navajo Nation go to non-Native companies. He said he looks for Native-owned businesses but cannot find them. He wants to keep money flowing internally in Indian Country. In order to grow Native-owned businesses there is a need for more American Indian and Alaska Native entrepreneurs. S.R. Tommie is one such entrepreneur and is featured on TBJ s May cover. Tommie a tribal citizen of the Seminole Tribe of Florida had a dream to open an American Indian art gallery and brought it to fruition when she opened the Chupco Indian Art Gallery located a short distance from the Seminole Hard Rock Hotel & Casino in Hollywood Florida. Her ambitions did not stop there. Thirteen years ago after banking a decade s worth of per capita payments from her tribe Tommie opened Redline Media Group a full-service marketing advertising and creative design company also located in Hollywood. Clients include Clear Channel ESPN HBO Prudential Serta Nike N7 Kia and Seminole Hard Rock Hotel & Casino. I saw a need to assist tribes in general with their public relations says Tommie. I have always lived by a see the need fill the need philosophy. Even though Redline Media Group qualifies the company does not have a certified minority-owned or woman-owned distinction. Its success has come through delivering outstanding goods and services to its clients. TBJ endorses Tommie s see the need fill the need mantra and wants it to become contagious in Indian Country. Having more Native entrepreneurs and Native-owned businesses will result in retaining money within the Native community. Levi Rickert (Prairie Band Potawatomi Nation) Editor-in-Chief Levi Rickert may be reached at lrickert tribalbusinessjournal.com or 616.299.7542. 8 MAY 2016 www.tribalbusinessjournal.com WHETHER YOU ARE STARTING OR EVOLVING PARTNER WITH A PROVEN LEADER Innovative Loan Solutions for the Enterprise Lender Aggregate Compliance Tracking Payment and Banking Management Unmatched Portfolio Analysis Secure and Scalable Cloud based SaaS Solution Analysis Capability www.EpicLoanSystems.com 1-877-305-EPIC Leads. Calls. Quality. We ve got you covered from Have the leads call you with DIRECT CALL Payday Loan Leads Installment Loan Leads Personal Loan Leads www.zeroparallel.com PUBLISHER Sandy Lechner slechner tribalbusinessjournal.com EDITOR-IN-CHIEF Levi Rickert lrickert tribalbusinessjournal.com (Prairie Band Potawatomi Nation) COPY EDITOR Sherri Balefsky Business Development Managers Jessi Lorenzo jlorenzo triaxllc.com Jade Peone (Confederated Tribes of the Colville Reservation) Rob Jacobs (Lumbee Tuscarora) Writers Aimee D. Awonohopay (St. Croix Chippewa Indians of Wisconsin) Janee Doxtator-Andrews (Oneida Nation of Wisconsin) Clara Caufield (Northern Cheyenne) Kevin Gale Robin Ladue Ph.D. (Cowlitz Indian Tribe) Tom Mortensen Randall Slikkers Katherine Spilde Ph.D. Monica Whitepigeon (Potawatomi) Adolfo Vasquez Glenn C. Zaring (Cherokee) Creative CREATIVE DIRECTOR Melanie Smit ART DIRECTOR Frank Papandrea Photographers Downtown Photo Fort Lauderdale DreamFocus Photography Jan Harrison Larry Wood Marketing and Events Jennifer Barb jbarb lmgfl.com Estefania Marin emarin lmgfl.com Administration Circulation Manager Deb Curtis dcurits tribalbusinessjournal.com Accounting Monica Bridgewater-Wilson monica lmgfl.com Editorial Advisory Board Barry Brandon (Muscogee Creek Nation) Executive Director NAFSA (Native American Financial Services Association) Federal Native American Law and Policy and Named of Counsel Ben Nighthorse Campbell (Northern Cheyenne) Former U.S. Senator Devon Cohen Partner Tribal Media Holdings Gary Davis (Cherokee) President National Center for American Indian Economic Development Robert Joe (Navajo) Chief Operations Officer Office of the President and Vice President Navajo Nation Terri Fitzpatrick (Sault Ste. Marie Tribe of Chippewa Indians) Chief Operating Officer Boji Group Brent McFarland Chief Operations Officer LDF Business Development Corp. a wholly owned entity of the Lac du Flambeau Band of Lake Superior Chippewa Indian Tribe Kip Ritchie (Forest County Potawatomi) CEO Greenfire Management Services LLC George Rivera (Pojoaque Pueblo) Artist and Former Governor of Pojoaque Pueblo Pamala Silas (Menominee) Executive Director National American Indian Housing Council Katherine Spilde Ph.D. San Diego State University Chair Sycuan Institute on Tribal Gaming Heather Dawn Thompson (Cheyenne River Sioux Tribe) Practice Group Attorney Greenberg Traurig LLP Ernie Stevens Jr. (Oneida) Chairman National Indian Gaming Association S.R. Tommie (Seminole Tribe of Florida) President Redline Media Group Karrie Wichtman (Sault Ste. Marie Tribe of Chippewa Indians) Managing Partner Rosette Law Chairman Gary Press gpress tribalbusinessjournal.com TBJ Magazine 3511 W. COMMERCIAL BLVD. SUITE 200 FORT LAUDERDALE FLORIDA 33309 954.377.9470 FAX 954.617.9418 WWW.TRIBALBUSINESSJOURNAL.COM 2016 TBJ magazine is published by Tribal Media Holdings LLC all rights reserved. Tribal Business Journal is a publication of Tribal Media Holdings LLC which has teamed with LDF Business Development Corp. a wholly owned entity of the Lac du Flambeau Band of Lake Superior Chippewa Indian Tribe and Lifestyle Media Group. 10 MAY 2016 www.tribalbusinessjournal.com reconnecting people to the land Strengthening Native Nations and Expanding Tribal Sovereignty Through Land Acquisition Indian Land Capital Company is a Native-owned certified Community Development Financial Institution (CDFI) providing financing to Native nations for economic development and land acquisition. www.ilcc.net Tribal Contact Solutions (TCS) wants to provide Indian Reservations with the technology resources and training it takes for their residents to be an active labor force on their reservation while at the same time supporting the services that they provide. Does your tribe have a call center on the reservation for your lending portfolio Probably not. More often than not your call center is located off site. What if TCS could provide the resources necessary to supplement and help that call center What if the business that is being generated by the tribe from the lending operation could also be serviced by members of the tribe on the reservation This is where TCS excels. With our telephony and workforce management group we can work with any existing phone system and provide a solution for your tribal residents to get them to help service the customers you lend to. This is not only for lending groups. All you need is space computers and data connectivity. TCS will supply all of the rest of the pieces to make the call center successful. TCS will provide the phone equipment and configuration help needed to join phone systems with the existing carriers and provide training to the employees on the reservation with how to use that equipment. We can even provide overall customer service training no matter what products or services are sold. So why not put your members to work and help the customers you are serving The barriers to entry have been taken away thanks to TCS. Call Bart Miller CEO today at 913-744-3410 to talk to a sales representative. AIANTA helps give a new tribal voice to tourist destinations Route 66 in Indian Country BY AIMEE D. AWONOHOPAY 12 MAY 2016 www.tribalbusinessjournal.com TOURISM On the road in Monument Valley National Park desert www.tribalbusinessjournal.com MAY 2016 13 TOURISM WE BELIEVE TELLING OUR STORIES IN OUR OWN VOICES IS KEY TO TRIBAL TOURISM DEVELOPMENT. T Acoman Cultural Center AIMEE D. AWONOHOPAY (ST. CROIX CHIPPEWA INDIANS OF WISCONSIN) IS THE AMERICAN INDIAN ALASKA NATIVE TOURISM ASSOCIATION (AIANTA) PUBLIC LANDS PROGRAM MANAGER. he introduction of American Indians and Route 66 a new publication from the American Indian Alaska Native Tourism Association (AIANTA) sets the tone for a new perspective on America s most famous historic roadway Route 66 was an officially commissioned highway from 1926 to 1985. During its lifetime the road guided travelers through the lands of more than 25 tribal nations. It was a give-and-take relationship between the asphalt and the American Indian people from the physical intrusion of the road on American Indian lands to the new commerce the road introduced. American Indian stereotypes were propagated and used as a major lure for tourists on this Mother Road of American highways and the evidence lingers. The guidebook is a narrative representing the American Indian side of the Route 66 story in a collection of maps photos visitor information historical vignettes and commentary. It can be used as travelers explore the historic road in person or from the comfort of an armchair. More than half of Route 66 lies in Indian Country roughly 1 372 miles. AIANTA in collaboration with the National Park Service Route 66 Corridor Preservation Program and Cherokee travel writer Lisa Hicks Snell ventured into publishing this tour guide bringing American Indian voices and an untold perspective to this historic highway. Prior to American Indians and Route 66 tribes along the route were at the mercy of tourism marketing tactics which followed the example of Hollywood in stereotyping American Indians. The tribes adapted to personify this stereotype and partake in the economic opportunities the new roadway provided. Evidence of this still exists along the route in faded billboards and rusty teepees. The failure to distinguish between tribal customs housing dress and art led to a misrepresentation that stood out for me from Chicago to LA says Snell who traveled the 2 400-mile route researching stories to include in the new guide. Today the tribes are taking an active approach to their tourism programs and destinations. They are correcting centuries-old stereotypes bringing their real voices to the route and telling travelers their own stories. AIANTA works every day to help tribes do just that. The organization s mission is to define introduce grow and sustain American Indian Alaska Native and Native Hawaiian tourism that honors traditions and values. Led by a 14-member board of directors representing six regions the national nonprofit works constantly to provide facilitative resources to the country s 567 tribes. AIANTA supports a tourism industry that promotes cultural authenticity says Sherry L. Rupert executive director of the Nevada Indian Commission and president of AIANTA. We believe telling our stories in our own voices is key to tribal tourism development. American Indian nations have always been a major draw for Route 66 tourists yet their perspectives have been seldom told says Kaisa Barthuli program manager of the Route 66 Corridor Preservation Program. Through oral history first-person accounts and direct Fred Harvey Indian Detours input from participating tribes this project tells important aspects of 20th-century tribal history enriching the understanding and experience of Route 66. The new project also produced an interactive website AmericanIndiansandRoute66.com. The guide and website will be released this May to be available to tourists during peak travel season. Tribes like mine that were affected by Route 66 can now provide the authenticity which will greatly enhance the traveler s experience and further tribal economic development says Emerson Vallo from Pueblo of Acoma a tribe outside Albuquerque along the route. Painted mural of Navajo girl along Route 66 in Albuquerque New Mexico The new guide and website contribute to a nationwide and global effort that includes the World Monuments Fund and American Express to preserve and revitalize the roadway. Route 66 is just one way AIANTA is helping grow Indian Country tourism and tourism is big business. According to the U.S. Department of Commerce visitation to Indian Country by overseas travelers grew by nearly 1 million from 2007 to 2014. The department forecasts that arrivals and spending by overseas visitors will increase 30 percent and reach 9.5 billion by 2020. AIANTA is responding to this influx of visitors by preparing tribes for tourism. It provides on-the-ground technical resources and training to tribal tourism programs such as the Tourism 101 Toolkit which was created in partnership with the George Washington University at its annual American Indian Tourism Conference. The organization has also developed a website NativeAmerica.travel the first of its kind which connects travelers directly with tribes by giving each tribe a personalized page to tell visitors about their history culture and visitor attractions. With the success of the Route 66 project AIANTA continues to open tourism doors for tribes. Learn more at aianta.org and aitc2016.com. www.tribalbusinessjournal.com MAY 2016 15 16 MAY 2016 www.tribalbusinessjournal.com COVER STORY The Wings of Success S S.R. Tommie is steeped in Florida s history but her business is thoroughly modern BY KEVIN GALE AND LEVI RICKERT PHOTOS BY LARRY WOOD .R. Tommie s life and family are a bridge from Florida s rich Native American heritage to cutting-edge marketing in the digital era. Her great-grandmother escaped as a prisoner during the Seminole Wars in 1858 her grandmother use to scold her if she spoke in English and Tommie herself grew up in a migrant camp eventually spending nearly 26 years in Seminole Tribe of Florida s tribal government. For 10 years she saved the stipend paid to tribal shareholders to launch Redline Media Group which has provided creative advertising services to blue-chip clients such as Hard Rock HBO Staples Center Madison Square Garden Kia Harley-Davidson and Nike. Redline has a sleek state-of-the-art workplace with a large saltwater fish tank in the lobby blown-glass chandeliers a Zen garden and a studio with a cyclorama wall that s big enough to drive vehicles in for photo and video shoots. www.tribalbusinessjournal.com MAY 2016 17 18 MAY 2016 www.tribalbusinessjournal.com COVER STORY REDLINE COMBINES CREATIVE AND SCIENTIFIC PRINCIPLES SUCH AS THE USE OF COLOR MESSAGING IMAGERY AND STRATEGIC PLACEMENT TO SUBCONSCIOUSLY IMPACT CONSUMERS. Tommie also has a love of Native American art and owns Chupco Indian Art Gallery in Hollywood. The gallery is named in honor of her grandmother chupco is a Seminole Creek word meaning long or tall. FAMILY S TRIBAL IMPORTANCE The Seminole Tribe of Florida has a particularly rich history in the state. It fought the federal government in a series of three wars over roughly 40 years ending in 1858 and was never conquered. Tommie s great-grandmother Polly Parker is a key figure in that history. According to oral histories passed down by tribal members Parker was among 163 captured Seminoles that were on a boat from the Tampa Bay area to the Mississippi River as part of the Voyage of Tears relocation effort. Known for her ability to find herbs for medicine Parker went ashore during a refueling stop in the Panhandle accompanied by a guard and about 12 tribal members. She is credited with giving a signal that led to the successful escape of about six of them according to an account in the St. Petersburg Times headlined Polly Parker s escape gave life to Florida s Seminole Tribe. She then made an arduous journey back to the Lake Okeechobee area and to help repopulate the devastated tribe. Tommie says she has run into an amazing number of people who say Parker was their greatgrandmother too. Tommie s grandmother Sallie Chupco Tommie lived in a chickee a thatchedroof hut. Tommie s mother Minnie Tommie taught her about tribal culture www.tribalbusinessjournal.com MAY 2016 19 COVER STORY Inside Redline offices and the language. She always instilled in me to respect our elders Tommie says. As part of that I spent my summers with my grandmother and learned the stories and lessons that she was taught by her elders. Her grandmother would not allow her to speak English. She told me Don t talk to me in white man s language Tommie says adding that she could get smacked for doing so. This was all in an effort to insure that I could speak and understand my Seminole Creek language. I hated it then but I wouldn t trade those smacks for anything in the world I know my language and am eager to learn more and more every day. Tommie s mother provided an example of a strong work ethic by working late into the night making Seminole dolls that she sold to help provide for the family and then fixing breakfast before the family boarded buses to pick crops in the orchards and fields. Tommie showed moxie early on too. When her mother bought a car that turned out to be bad the 11-year-old Tommie called the car dealer imitated a lawyer and spelled out the details of Florida s lemon law. Her mother got a call back and was told to come pick out a new vehicle. Tommie s first job with the tribe was covering for the receptionist during the lunch hour. How did that lead to success I did my job with pride and honor as if it was the only thing in my life she says. MAKING AN IMPACT Tommie worked her way up to full time at the Seminole Tribe. While she was pursuing a law degree at Nova Southeastern University Dr. Barbara Stephenson suggested to her class that they do a community impact project. Tommie came up with the idea of doing a talk show titled Inner Circle where she would go to the Seminoles six reservations and Native American conferences to interview tribal leaders department leaders and shareholders. Tommie says she thought it was important to bring communications from the inner tribal circle to tribal shareholders in general. The leaders of Seminole Broadcasting initially told her they did not have the budget for it. Tommie told them she would do it for free for six months to prove herself. She ended up doing the program for more than seven years. Health social services and recreation were frequent topics on the show which ran on a cable access channel on tribal lands. Eventually Tommie says she wanted to learn from the broader world improve her general skills and interact more with those who weren t part of the tribe so she took a job at the Club at Emerald Hills. I learned a lot while working at the country club from a diverse group of people that assisted me in becoming who I am today Tommie says. Tribal leader Mitchell Cypress who was president of the Seminole Tribe of Florida Inc. its board of directors and vice chairman of the Seminole Tribe of Florida the tribal council hired Tommie back to do public relations in 1994. Her job primarily consisted of sharing the culture history 20 MAY 2016 www.tribalbusinessjournal.com S.R. Tommie and traditions of the tribe with those that sought to do business with them. LAUNCHING REDLINE MEDIA GROUP Tommie created Redline Media Group 13 years ago while still working with the tribe saying she saw a need to assist tribes in general with creative services. See the need fill the need is one of her mantras. One of the definitions of a redline is the final version of a document it indicates how Tommie wanted to position Redline as the final stop for clients advertising needs. Redline s first pitch was a project for the Ah-Tah-Thi-Ki Seminole Museum. However Tommie says its representatives were concerned that her rate was so low that the quality might not be there. She won over Museum Director Tina Osceola by offering to do the job for free if the museum did not like the service. Tommie succeeded and was paid. That was the beginning of a long and successful relationship with the museum. Cima Georgevich CEO of Redline since 2003 says the project symbolized the type of creative work that Redline does. The materials were important to help get the museum accredited by the Smithsonian. Too many creative agencies regard their clients as numbers so Redline strives to be an extension of their businesses Georgevich says this allows clients to focus on core business operations. Redline combines creative and scientific principles such as the use of color messaging imagery and strategic placement to subconsciously impact consumers. Redline uses a five-part strategy of learning about clients brainstorming collaborating designing and executing. Some of its campaigns have become iconic in South Florida such as the Live the Good Life campaign for the Seminole Casino Coconut Creek for which the creative team worked collaboratively with Emre Erkul senior VP of marketing at Seminole Gaming to bring the campaign to life. Redline s success has allowed it to give back to the community through Memorial Healthcare System and Joe DiMaggio Children s Hospital. Tommie also started a foundation Real Meaningful Gestures which raises money to assist those who are battling cancer. ENTREPRENEURIAL ART ENDEAVOR Tommie s interest in art led her to open Chupco Indian Art Gallery in 2002. The gallery is online (chupcogallery.com) and at 3621 N. State Road 7 in Hollywood. It specializes in handcrafted one-of-a kind items ranging from a 15 000 painting called Waterlily Lovers by Guy LaBree based on a Seminole legend to bronze figures of Native Americans such as medicine men and warriors including an 18 000 warrior statue by Jim Jackson. There are also more modestly priced fashion items and home decor accents. Earlier Tommie had a concept for a business that would combine a car wash and a coffee house. But due to circumstances beyond her control the idea did not come to fruition as she had hoped. Tommie talks freely about her spirituality which mixes Christianity and tribal customs and says she may not always be happy about the outcome of her endeavors but she always prays that something suitable will emerge out of every potential opportunity for business. No matter what the outcome is her faith remains strong. Symbolically Tommie envisioned the gallery and found a building filled with debris cobwebs and even dead animals. It turns out it was a former bird aviary which was pretty symbolic for a member of the Seminole Tribe s Bird Clan. Apparently some things are meant to be. www.tribalbusinessjournal.com MAY 2016 Redline reception 21 It may be a strange question to ask a Native American 8(a) business but for federal procurement it is an important question to ask. Why As we all know the process to being certified as an 8(a) company for federal procurements is not an easy task. T FEDERAL PROCUREMENT BY ADOLFO VASQUEZ its 8(a) certification. This code should be carefully chosen as it may expand the range of proposals the 8(a) can bid on or limit them. For example should an 8(a) business certify under construction or construction management Each has a separate NAICS code but the opportunities for each are vastly different. ARE YOU RELIABLE Then there is the question of reliability Can the 8(a) demonstrate that it can control and manage the contract when awarded In our case of construction under the set-aside rules of the FAR (Federal Acquisition Regulation) a small 8(a) business only needs to perform 15 percent of the contract effort or value (depending on the contract). Many 8(a) companies team or joint venture with large businesses to meet the full requirements of a contract which provides a great way to demonstrate that the 8(a) is able to perform larger value contracts. But does the teaming or joint venture agreement demonstrate that the 8(a) is in control and managing the effort In too many cases these wellintentioned efforts surface the issues of pass through affiliation and other reliable and responsible concerns to the federal government. Who controls the bonding Who has the line of credit Is the 8(a) controlling the payment of its subs or is it really a sub under the large contractor All of these concerns make the 8(a) certification questionable and possibly noncompliant with the terms and conditions of an 8(a) set-aside. NO GUARANTEES And then there is the issue of sole source. Many 8(a) businesses feel that their certification guarantees them a contract. Nothing could be further from the truth Contracting officers have a responsibility to justify any sole source offer. To find out what those conditions are check out the FAR s rules for sole sourcing. The FAR states that contracting officers may consider sole source contracts for all certified businesses. That does not mean that the contracting officer shall (i.e. is required by regulation) issue sole source contracts to 8(a) businesses. So back to selling apples. Well if you have been following the explanations of the complexity of being an 8(a) business and the reliability and responsibility that must be met by the 8(a) in its response to proposals and in the performance of awards you can see why many 8(a) businesses fail to achieve their annual performance goals and ultimately fail to reach the level of performance and competency expected of them in their nine-year certification lifetime. If the 8(a) does not demonstrate that it is becoming more and more competent in the performance of larger and more complex contracts during its first four years in the program its 8(a) status may be viewed by procurement officials as not ready for prime time and will not develop to its potential and be another casualty. Upon graduating from the program with little to show for its effort the company may have to revert to selling apples. REVIEW AND ANALYZE The efforts listed are proven assessments and strategies for both tribal and individual Native-owned small businesses to assist them in making the decision to apply for the coveted 8(a) status. These should be carefully studied reviewed and strategically analyzed before going to the dance. The nineyear program can be very fruitful and rewarding to any qualifying small business that takes the time to prepare and condition itself with a training coach before it steps into the major league game. NCAIED PTAC is a good place to start (ptac.ncaied.org). As a note the reference to selling apples is a metaphor and not intended to suggest that companies that sell apples to the federal government are not good businesses. LT. COL. ADOLFO E. VASQUEZ USA RET. IS A PROCUREMENT TECHNICAL ADVISOR FOR THE NATIONAL CENTER FOR AMERICAN INDIAN EDUCATIONAL DEVELOPMENT PROCUREMENT TECHNICAL ASSISTANCE PROGRAM. (NCAIED PTAC). HE IS ALSO A CERTIFIED VERIFICATION COUNSELOR FOR VA S CVE VIP PROGRAM. HE HAS OVER 16 YEARS EXPERIENCE AS A FORMER FEDERAL WARRANTED PROCUREMENT OFFICER AN ADMINISTRATIVE CONTRACTING OFFICER A CONTRACTING OFFICER TECHNICAL REPRESENTATIVE (COTR) A QUALITY ASSURANCE DEPUTY DIRECTOR A DEPUTY FEDERAL CONTRACTS FINANCE COMPTROLLER AND A FEDERAL CONTRACTS PAYMENT OPERATIONS DIRECTOR. o find out about the requirements visit sba.gov and enter 8(a) checklist. This will guide you through not only the documents you will need to submit to the Small Business Administration (SBA) but also self-assessments and procedures for applying. This is not a complicated process but it is not a breeze either. As with all federal certifications (WOSB EDWOSB SDVOSB HUBZone etc.) the three conditions for certification that must always be at the forefront are 1) ownership (at least 51 percent) 2) management and 3) control. If you check out 13 CFR 124.109 there are some advantages to becoming a Native American tribally owned 8(a) company One is the ability to have multiple 8(a) companies. Another is to show economic disadvantage of the tribe for the first 8(a) certification it will not be required for future tribal 8(a) applications. RESOURCES The SBA has several resources for tribal businesses seeking 8(a) certification including an Office of Native American Affairs and other resources geared toward tribal and individually owned Native American companies. There are also Minority Business Development Agency (MBDA)-funded training organizations that assist Native American businesses in understanding the process and taking advantage of these resources. Additional information can be obtained through the SBA NA 8(a) training contractors the MBDA offices across the country and of course the National Center for American Indian Enterprise Development s PTAC. PLAYING IN THE SANDBOX Once a business has received its 8(a) certification the true test of whether the business can play in the 8(a) sandbox begins. It is assumed via the evaluation and approval by the SBA that an 8(a) business is capable of performing in its chosen North American Industry Classification System (NAICS) code. This is a specific code that identifies that area of business under which the company will perform using www.tribalbusinessjournal.com MAY 2016 23 REVISITING IGRA Tribal Federal & State Jurisdiction of Tribal Economic Development BY KATHERINE SPILDE PH.D. ribal governments continue to pursue innovative economic development strategies that require an understanding of the complex interrelationship of tribal state and federal regulatory authority. In addition to the need to clarify tribal regulatory authority a deep understanding of tribal state and federal jurisdiction reveals opportunities for innovation. Revisiting the 1988 Indian Gaming Regulatory Act (IGRA) provides a window into the creation of Class II gaming and underscores the fact that tribes must continually navigate and mitigate both state and federal limitations on their jurisdictional authority. When IGRA was passed in 1988 it provided long-overdue resolution to a complex landscape of regulation and enforcement of gaming law on tribal lands. Perhaps because it was passed within a year of the landmark tribal victory in the U.S. Supreme Court s California v. Cabazon Band of Mission Indians decision many tribal leaders viewed (and continue to view) IGRA as a blow to the gains they secured with the Supreme Court via Cabazon. Indian Country insiders have criticized IGRA as a usurpation of tribal authority based on the clarity of jurisdictional authority provided by Cabazon. Outsiders have also misunderstood IGRA as a federal law that created an unfair monopoly for tribal government gaming. Nearly 30 years later it is evident that both of these characterizations are inaccurate. Instead we see that IGRA advanced the use of technology in tribal government gaming by creating a clear pathway for tribal governments to offer slot machines on tribal lands and also by opening a space for the development of a robust Class II gaming industry in circumstances where states refused to negotiate compacts with tribes for Class III slots. Together these critical outcomes should dispel critics long-term concerns about IGRA s controversial compacting provision and instead reveal that IGRA empowers tribal economic development in technology-based gaming. In addition to creating an entirely new category of gaming (Class II) under IGRA tribal governments were finally able to participate in the lucrative business of hosting slot machines in their gaming facilities which generally account for 80 percent or more of repeater-market (or locals ) casino revenues. To appreciate the interplay of Cabazon and IGRA with regard to federal and state authority and the importance of IGRA s role in enabling tribal economic development it is critical to appreciate the limits that the Johnson Act imposed on the tribal gaming industry pre-IGRA. CABAZON AND JOHNSON ACT PRE-IGRA Passed in 1951 the Johnson Act did two things that curtailed tribal gaming 24 MAY 2016 www.tribalbusinessjournal.com FINANCIAL First it made it illegal to transport any gambling device unless the destination had enacted a law providing for the exemption... from the provisions of this section. However the act also allowed a local jurisdiction including a state to exempt itself from coverage... by statute or ordinance from the ban. (Importantly there was no mechanism for tribal governments to opt out of the Johnson Act ban.) Secondly the Johnson Act prohibited possession use manufacture or repair of gambling devices within federal enclaves. In the 1980s when Congress was contemplating the legislation that would eventually become IGRA the issue of tribal jurisdiction was simultaneously being addressed by the Supreme Court in what would become the watershed Cabazon decision which clarified the regulatory authority of tribal governments relative to state governments. By employing the distinction between civil regulatory authority and criminal prohibitory authority from the Bryan v. Itasca decision the Supreme Court clarified that of the three governments with an interest in tribal gaming (state tribal and federal) only the federal and tribal governments retained regulatory authority over gaming in those states where gaming is not prohibited. What Cabazon did not do was resolve the Johnson Act s federal ban on electronic gaming devices or provide a mechanism whereby tribal governments could opt out of the Johnson Act s federal prohibition which remained a barrier for tribal participation in the most profitable segment of the United States gaming industry. Dr. Robert Clinton foundation professor of law in the Indian Legal Program at Sandra Day O Connor College of Law at Arizona State University is a pioneer in tribal law. He argues that the Johnson Act resulted in a state and commercial monopoly on the operation of any gaming facility that offered machine-based gaming. Lacking a mechanism to opt out of the Johnson Act tribal governments were relegated to offering only bingo and card rooms since those games were not considered a threat to Nevada or other commercial gaming interests. By providing tribes a Johnson Act opt-out mechanism IGRA ended this commercial monopoly and leveled the playing field for full tribal government participation for the first time. IGRA AND THE ROLE OF THE STATES As stated above at the time IGRA was passed (and despite the clarification provided by Cabazon) the Johnson Act constituted a federal prohibition on the growth of tribal gaming. Neither the favorable ruling in Cabazon nor earlier victories in the Rincon and Seminole cases provided for tribal access to lucrative electronic gambling devices. IGRA codified tribal governments www.tribalbusinessjournal.com MAY 2016 25 FINANCIAL right to opt out of the Johnson Act ban. How By pursuing a tribal-state gaming compact. For tribes located in states where the governor refused to negotiate (or offered onerous demands) a flourishing Class II industry was developed to generate gaming revenues from machines based on bingo (using technological aids to the games) that did not trigger the Johnson Act prohibition. State governments provided various rationales for resisting tribal gaming negotiations after the passage of IGRA. States that did not have legalized gambling were generally opposed to tribal gaming arguing that state sovereignty was being infringed by a one size fits all federal gambling policy. Some states controlled gaming in their states and did not want tribes as competitors. Still others wanted to limit tribal gaming to a particular scope of games (i.e. bingo or playerbanked card games) unless they could extract a significant payment from the tribes. However IGRA specifically prohibits the extraction of payments from tribal gaming as a condition of compact negotiations for permitted gaming in a state. At first blush it seems that states without legalized KATHERINE SPILDE PH.D. gaming would have HAS WORKED ON TRIBAL welcomed tribal gaming ECONOMIC DEVELOPMENT since it mitigated the FOR OVER 20 YEARS. state s business risk while SHE IS AN ASSOCIATE promoting job creation and PROFESSOR IN THE economic development in SCHOOL OF HOSPITALITY the state. Ironically it was AND TOURISM generally the states with MANAGEMENT AT SAN limited gaming that most DIEGO STATE UNIVERSITY staunchly resisted tribal (SDSU) WHERE SHE ALSO gaming. IGRA makes it SERVES AS ENDOWED clear that states are not CHAIR OF THE SYCUAN allowed to use the gaming INSTITUTE ON TRIBAL compacting process as an GAMING. ULTIMATELY HISTORY REVEALS THE BRILLIANT STRATEGY OF TRIBAL LEADERS WHO SKILLFULLY NAVIGATED THE COMPLEX FEDERAL-STATE-TRIBAL NEXUS THAT BINDS THEM. opportunity to impose fees or payments on tribes as a condition of signing a gaming compact. Technically the only economic consideration in the compacts should be the nature and amount of reimbursement costs to local governments for impacts related to tribal gaming. Early compacts such as those in Minnesota and Mississippi respected these limits by memorializing the shared regulatory authority between state and tribal governments and committing to this relationship in perpetuity. In states such as Oklahoma Alabama and Florida long delays in the compacting process resulted in the creation of a thriving Class II gaming industry that was estimated to contribute over 1 billion to tribes in those states in the decade between IGRA s passage and the signing of Class III compacts. APPLICATION TO MODERN E-COMMERCE As tribal governments continue to pursue economic development strategies that require an understanding of the complex interrelationship of tribal state and federal regulatory authority it is helpful to revisit these jurisdictional arguments as a way to fully appreciate the strategic vision of tribal gaming pioneers as well as how innovation in other industries might be both stimulated and impeded by federal or state regulatory obstacles to tribal authority. Economic development in Indian Country requires navigation of federal tribal and state authority willingness to negotiate interdependence in order to solve problems and most of all the ability to innovate into new industries when state (and often federal) ambiguities prove too onerous for commercial operators. The history of tribal government gaming contains important lessons about the ways that federal state and tribal governments continually negotiate their interdependence with regard to jurisdiction economic development and authority. Ultimately history reveals the brilliant strategy of tribal leaders who skillfully navigated the complex federal-state-tribal nexus that binds them. As tribes continue to push the boundaries of economic development into new value networks (e.g. e-commerce) and new industries (e.g. financial services) it is a valuable exercise to revisit in detail the work of tribal gaming pioneers who deliberately built the case for their industry using the proper vehicle (bingo and card games) in the most strategic states (PL 280 states) with the best possible arguments. For more information read Dr. Clinton s publication on the topic Enactment of the Indian Gaming Regulatory Act of 1988 The Return of the Buffalo to Indian Country or Another Federal Usurpation of Tribal Sovereignty at robert-clinton.com. Next month I will analyze the Dodd-Frank Wall Street Reform and Consumer Protection Act an important piece of pro-tribal legislation that is helping tribes expand into the fast-growing fintech and marketplace lending sectors. 26 APRIL 2016 www.tribalbusinessjournal.com MARC H 2016 7.9 5 APRIL 20 16 7 .95 THE 21 ST-CEN TURY VO ICE FOR BUSINES S INVES TMENT AND PR OFITAB LE ECO NOMIC DEVELO Gary Davis PMENT MAY 2016 7.9 5 think B Tribal Lead e eyond Gaminrs g OPPORT UNITIE S IN IND IAN COU NTRY THE 21ST -CENTURY VOICE FOR BUSINESS INVESTME NT AND PR OFITABLE ECONOMIC DEVELOPM Transform ing the N avajo Nat ion ENT OPPORT UNITIES IN INDIAN CO UNTRY Robert Joe It Starts Here THE 21ST-CENTUR Y VOICE FOR BUSINES S INVESTMENT AND PROFITABLE ECONOM Advertise in the only publication distributed to over 15 000 of the most influential leaders in Indian Country. For information on advertising and subscribing call 954-377-9691 or email slechner tribalbusinessjournal.com S.R. Tommie IC DEVELOPMENT OPP The Wings of Suc cess AN COUNTRY ORTUNITIES IN INDI www.tribalbusinessjournal.com MAY 2016 27 ENVIRONMENT SITE ANALYSIS AND MASTER PLANNING IMPORTANT FIRST STEPS IN LAND DEVELOPMENT BY TOM MORTENSEN RLA ASLA SITE PLANNER LANDSCAPE ARCHITECT R.A. SMITH NATIONAL INC. What Does the Land Say S ite analysis and master planning are both an art and a science and an important first step in the land development process. The basis of design for any development project should begin with a deep understanding of the existing site conditions including slope soils vegetation hydrology history subgrade spatial relationships and adjacent land uses. In many cases this aspect of site analysis gets overlooked or dismissed as an afterthought leading to a decision-making process that is led by lowering costs and doing things the easy way without exploring viable options that could possibly cost less and lead to a more dynamic functional and creative design. ENVIRONMENT BEFORE ACTUAL DECISIONS CAN BE MADE DURING THE PLANNING OF A SPECIFIC SITE A TANGIBLE RELATIONSHIP TO THE LAND MUST BE UNDERSTOOD BY THE ENTIRE DESIGN TEAM. P 30 Gookomis Endaad ( Your Grandmother s House ) residential treatment house opened this past winter on the Lac du Flambeau Indian Reservation. manage stormwater. An ecologist may analyze the site from an environmental perspective related to the protection of wetlands and other natural resources. A landscape architect might look at the site from a vegetation slope or experiential aspect. All of these viewpoints are valid but they don t complete the picture on their own. No single discipline can capture the essence of site planning in the same manner as a well-integrated multidisciplinary design team that importantly includes the owner and the ultimate occupant of the site. Site analysis and master planning comprise a holistic process that merits spending time and energy upfront to discover the site in several abstract ways considering spatial relationships scale and characteristics. In other words going beyond the obvious physical and technical and into the perceptual the look feel and potential of a specific site. It s important to ask questions such as What was on this site previously and How does nature interact with this site Over the years I ve adopted a philosophy of Nature ignores design that ignores nature which helps the design team understand that each site is unique and that the typical does not always apply. I challenge others who think that there is only one way or only one correct solution. Due to time and budget constraints it seems that there is often a race to find the quickest cheapest solution without considering options based on perceptual characteristics. The following are examples of projects in which I have been involved where a collaborative integrated design approach and early steps in thorough site analysis have added value to the project and community. The Lac du Flambeau tribe recently developed a CBRF (community-based residential facility) on Lake Pokegama. erhaps some of these decisions are spurred by today s rapid pace of design and the expectations of technology to get us to the answer as quickly as possible. But before actual decisions can be made during the planning of a specific site a tangible relationship to the land must be understood by the entire design team. The technology we have at our fingertips is an important resource but it doesn t replace the need to first get out onto a site to experience the sense of place and determine the best approach and most meaningful way to develop a successful site master plan. Different disciplines look at site planning in different ways. An architect may consider the best place for a building is where it can capture the best views for people approaching it for the first time. An engineer might view the site plan from an efficient purely functional perspective on how to best MAY 2016 www.tribalbusinessjournal.com Mequon Nature Preserve Concordia College After gathering all the site information from GIS maps and surveys the design team walked the site with the developer architect and contractor to look at the terrain vegetation access and views of the lake. Based on that analysis the team was able to establish the best placement for the building septic area roadway patterns circulation and limits of site disturbance. The Forest County Potawatomi repurposed an urban college campus near downtown Milwaukee. The existing historic buildings were being adapted for reuse for tribal offices incubator businesses and a school. The site and landscape were evaluated to determine what trees were to remain to maintain the campus aesthetic while working out newly proposed plantings based on a list of medicinal and native plants provided by a tribal member. The circulation was redeveloped and a new outdoor playground area for the school was also planned as part of the overall campus. In Bowler Wisconsin a group of Stockbridge-Munsee tribal representatives and council members undertook a residential development that included single-family elderly and multifamily housing as well as a large community garden and a future community building. As part of the site analysis the most suitable sites were determined based on terrain vegetation and hydrogeological information. Several visioning sessions were presented to community members to gain their input and keep them involved in the development. Earlier in my career I was involved in the master planning for Aztalan State Park in Lake Mills Wisconsin the first agricultural community in Wisconsin along the Crawfish River as well as a National Historic Landmark. The park showcases an ancient Middle Mississippian village that thrived between A.D. 1000 and 1300. The people who settled Aztalan built large flattopped pyramidal mounds and a stockade around their village. A large group of stakeholders including the Ho-Chunk archaeologists and historians were involved in the development of a master plan and a long-term vision for the site. In summary site analysis and site planning are an important part of any well-designed project and should be the first step in project development whether the development is 1 acre or 100 acres urban or rural. A well-thoughtout collaborative approach that is tested throughout the design process will help to ensure a successful project and result in a more functional aesthetically pleasing and integrated land use. TOM MORTENSEN HAS OVER 30 YEARS OF EXPERIENCE IN LANDSCAPE ARCHITECTURE AND RELATED DESIGN AND CONSTRUCTION PROFESSIONS. HE HAS EXPERTISE IN SITE PLANNING URBAN SPACES PUBLIC OPEN SPACES MEMORIALS AND PLAZAS RETAIL DEVELOPMENTS RESTORATION PLANS AND CONSTRUCTION MANAGEMENT. HIS PROJECTS INCLUDE DESIGN AND MASTER PLANNING FOR THE NATIONAL PARK SERVICE BOY SCOUTS OF AMERICA THE STOCKBRIDGE-MUNSEE COMMUNITY AND THE FOREST COUNTY POTAWATOMI. www.tribalbusinessjournal.com MAY 2016 31 32 MAY 2016 www.tribalbusinessjournal.com ENTREPRENEURIAL SPIRIT Eighth Generation Aims to Create Sustainability For Native Artists BY MONICA WHITEPIGEON Eighth Generation derives from the vision of Louie Gong (Nooksack Chinese French Scottish) an educator activist and entrepreneur with deep-seeded roots in his mixed heritage who sought to create a Native-owned art company that focused on designer products while at the same time enhanced cultural awareness in the mainstream market. Named in honor of the previous seven generations Eighth Generation aims to incorporate various perspectives and pop culture influences of the new generation while exploring statements about identities. Gong also says the inspiration for the name of his company came from the fact that when spoken in Cantonese eight sounds the same as prosperity. Gong previously worked at the University of Washington and Muckleshoot Tribal College assisting low-income first-generation students he is also a former child and family therapist. At age 33 with no artistic training Gong took his skills in marketing leadership public speaking and project management to develop a business that went beyond just art. In 2008 he began mixing Coastal Salish art with other elements and icons of his diverse heritage particularly through designing personalized shoes. In 2012 with the success and high demand for his customized footwear Gong launched Mockups a DIY art toy for youth and artists. It became apparent that the Mockups could be used as educational tools to help students feel more comfortable in expressing themselves and being able to create something unique. That same year Gong partnered with the Smithsonian National Museum of the American Indian in Design Yourself I AM NMAI which showcased Mockups through workshops and an exhibition. Even though custom shoes and Mockups helped Eighth Generation to grow the business was still a one-man operation. MONICA WHITEPIGEON (PRAIRIE BAND POTAWATOMI) IS THE CULTURAL RESOURCE SPECIALIST AT THE AMERICAN INDIAN EDUCATION PROGRAM AT CHICAGO PUBLIC SCHOOLS AND IS A REGULAR CONTRIBUTOR TO TBJ. ENTREPRENEURIAL SPIRIT New inspirational design work from Louie Gong Eighth Generation launched its new line of wool blankets with the distinctive flair of Pacific Northwest Indian art in fall 2015. Photo by Devin Gong I recognized right away that just doing the custom shoes that everybody was interested in... was not a good pathway to sustainability Gong said at the 2015 National Indian Education Association (NIEA) convention in Portland. I think a lot of our artists find themselves in the same boat they keep saying yes to commission work instead of focusing on things that are going to lead to long-term sustainability. In 2013 Paul Frank Industries approached Gong to collaborate after the mainstream fashion company s blunder of hosting a Native-themed party with glow-in-the-dark war paint and neon headdresses. After an outcry from Indian Country Paul Frank launched a limitededition line of tote bags pillows and blankets designed by Gong and three other indigenous artists. In May 2014 Eighth Generation launched the Inspired Natives Project as part of a new initiative to develop both educational and business practices for Native artists. More often than not Web searches for Native products will pull up Native-inspired art that perpetuates misconceptions of indigenous patterns and represents missed opportunities for talented artists in Indian Country. Gong is pushing for the Inspired Natives Project to become the front-runner in providing alternative solutions for Native-themed fashion decor accessories and more. Native arts entrepreneurs from around the world that have a large following and strong Web presence are encouraged to participate and work in-house at the Eighth Generation headquarters in Seattle. According to the company s website By collaborating with select arts entrepreneurs to manufacture products under the Eighth Generation brand we hope to expand regional appeal of the Eighth Generation brand while simultaneously increasing the capacity of the arts entrepreneurs and educating the public about the tangible costs of cultural appropriation. The project has already selected two artists Michelle Lowden (Acoma Pueblo) and Sarah Agaton Howes (Anishinaabe) whose designs are now sold on the Eighth Generation website. We re not just licensing their art Gong says. They re receiving the traditional artist fee and royalties on anything we sell but the key component is capacity building. 34 MAY 2016 www.tribalbusinessjournal.com Photo by Ken Yu In fall 2015 Eighth Generation became the first Native-owned company to offer wool blankets after a largely successful Indiegogo campaign. The fundraising covered the manufacturing and administrative budget associated with the first production of the blankets. The blanket project for me provokes discussion around cultural appropriation and the way that tribal communities and organizations can use their resources to either support Native artists and entrepreneurs or to undermine them says Gong. In March the company announced its collaboration with Howes and the Pokagon Band of Potawatomi to create a new 100 percent wool blanket. The design incorporates traditional woodland floral patterns a maple tree and the Potawatomi s role as Keepers of the Fire in the Three Fires Confederacy. It s tribes like the Pokagon Band that are helping us prove that it s possible to update the blanket tradition from one that drains resources and opportunity from cultural artists to one that creates opportunities says Gong. Partnering with the Pokagon Band s Department of Education the blankets also serve as a means to promote and encourage students long-term academic success. The color schemes sunset and copper signify the different levels of student achievement. We had reached out to other makers of wool blankets but the common response was that it wasn t possible or the cost would be astronomical says Director of Education Sam Morseau. It s the personal touch that separates Eighth Generation from the pack. Their passion and dedication to ensure their clients are informed part of the process and satisfied with the final product is extraordinary. This is significant year for Eighth Generation Products are now available at the brand s new retail store in Seattle s Pike Place Market. Gong will also be collaborating with seven other Native artists including fashion designer Bethany Yellowtail (Crow Northern Cheyenne) who is known for her vibrant dresses and her ability to incorporate traditional patterns with contemporary designs. Eighth Generation has transformed from a one-man operation to a hired staff company that continues to offer innovative ways to sustain the success of Native artists and help tribes reinvest in themselves. www.tribalbusinessjournal.com MAY 2016 35 DAN CIN G W ITH SALMO N The Waterway to Economic Success & Traditional Ways of Life PART TWO OF A TWO-PART SERIES The first article in this series discussed the history of the treaties and the decline of the salmon kokanee and steelhead in the Northwest as well as the initiatives set forth to save the fish crucial to the Northwest tribes. It also spoke about the health of the rivers and streams of the region and the efforts the Northwest tribes have made to maintain their treaty rights. In this article the efforts ongoing today to save the fish and the results of those efforts will be detailed. 36 MAY 2016 www.tribalbusinessjournal.com TRIBAL BUSINESS TRENDS W BY ROBIN A. LADUE PH.D. hile there are some disagreements that have not yet been resolved between entities involved in the billion-dollar fishing industry in the Northwest since the mid-1980s there has been a greater degree of cooperation between the tribes and non-Native entities. Since the inception of the Northwest Indian Fisheries Commission (NWIFC) in the 1970s the tribes have stepped forward to save the silver salmon the steelhead and the kokanee of the Puget Sound. The member tribes of the NWIFC include Hoh Indian Tribe Jamestown S Klallam Tribe Lower Elwha Klallam Tribe Lummi Nation Makah Tribe Muckleshoot Tribe Nisqually Indian Tribe Nooksack Tribe Port Gamble S Klallam Puyallup Tribe of Indians Quileute Indian Tribe Quinault Indian Nation Sauk-Suiattle Tribe Skokomish Tribe Squaxin Island Tribe Stillaguamish Tribe Suquamish Tribe Swinomish Tribe Tulalip Tribes and Upper Skagit Tribe. Other tribes involved with the NWIFC include Confederated Tribes of the Chehalis Reservation Kalispel Tribe of Indians Samish Indian Nation Snoqualmie Tribe Confederated Tribes of the Colville Reservation Shoalwater Bay Tribe Spokane Tribe of Indians Yakama Nation and Cowlitz Indian Tribe. A review of the dams listed in last month s article demonstrates how many if not all of the tribes and salmon runs in Washington state were deeply impacted by the construction of the dams and the loss of the salmon. While the picture often seems bleak for the survival of the salmon kokanee and steelhead there are bright spots. For example many tribes such as the Muckleshoot Tulalip Lummi and Jamestown S Klallam are now working their own fisheries and or actively managing programs to enforce laws increase fish runs and protect shellfish. In speaking with members of the NWIFC and individuals intimately involved with saving the fish of the Puget Sound several points are generally made Saving the fish is not simply for economic survival but for sustaining a traditional way of life and values. Saving the salmon depends on saving the environment a point that was eloquently elucidated by Billy Frank Jr. at a conference involving several tribes and the U.S. Department of the Interior in April 2014 two weeks before his passing. Economic diversity and viability of the tribes rest partially on the saving of the salmon and other fish and shellfish for sale. At the present time there are 51 NWIFC hatchery facilities three Colville Confederated Tribes hatcheries and three run by the Yakama Nation. In addition to these hatcheries there are 83 hatchery facilities and another 12 that are federally run. According to reports by the Washington Department of Fish & Wildlife (WDFW) the salmon harvest contributes over a Billy Frank Jr. billion dollars to the state economy. Despite the efforts of these hatcheries there continues to be a decline in the amount of juvenile salmon released. From the millions of silver fish that Lewis and Clark noted the salmon today are often counted in dozens or hundreds or sometimes in the low thousands. But there is hope the salmon runs can be saved. The WDFW in conjunction with the Puyallup and Muckleshoot tribes has worked steadily since the 1980s to increase the White River chinook runs. The Tulalip Tribe has established an estuary project to increase salmon runs and in a huge step forward the dams on the Elwha River came down. For the first time in over 100 years the salmon have returned to the Elwha River. Tribal and state fish agencies are working in a more cooperative fashion. The NWIFC founded in the aftermath of the fishing wars is very active in setting quotas addressing risk factors for saving the runs and pushing forward with helping tribes retain their traditions and values based on the salmon kokanee and steelhead. While these efforts do bring hope the salmon and its relatives are truly swimming upstream. The obstacles that tribal entities and others organizations working to save the fish have delineated include Climate change that is heating the waters of the ocean and tributaries. Pollution from industrial and domestic human sources. Overbuilding in sensitive salmon and fish watersheds. Clearcutting leading to the heating of salmon streams. Lowering of water for farmers particularly concerning in the aftermath of the West Coast droughts. Placement of culverts that limit fish access to streams. Radiation from the Fukushima nuclear disaster. It seems the odds of sustaining and growing the salmon runs back to the millions that graced the rivers of the Northwest www.tribalbusinessjournal.com MAY 2016 37 TRIBAL BUSINESS TRENDS Dean Penn and Greg Urata fisheries technicians for the Quileute Tribe spawning chinook in the Sol Duc River. are insurmountable. In fact it will take the cooperation and commitment of not only the tribes but of timber companies growth management by communities collaboration between farmers and fishing entities and a plan if at all possible to reduce the long-term damage from the still leaking radiation from the Fukushima nuclear disaster. As mentioned in his final address to the public in April 2014 Billy Frank Jr. a leader in so many ways for the survival of the salmon and the Native way of life emphasized the need to recognize the serious impact climate change is having on all life including that of the noble salmon. Governments including the United States also need to acknowledge the reality of climate change and begin genuine efforts to reduce the impact of such change. While the NWIFC the ROBIN A. LADUE PH.D. tribes of the Puget Sound and IS A RETIRED CLINICAL commercial fishing interests PSYCHOLOGIST. SHE IS are in agreement that the AN ENROLLED MEMBER salmon must be saved to OF THE COWLITZ date other entities have INDIAN TRIBE. SHE IS not demonstrated such a THE AUTHOR OF THE commitment. Two examples AWARD-WINNING SERIES of this lack of commitment JOURNEY THROUGH THE include the Klamath River HEALING CIRCLE AND fish kill in 2002 and the THE AWARD-WINNING very recent termination NOVEL TOTEMS OF of the executive director SEPTEMBER. SHE SPENT of the California Coastal THE 40 YEARS OF HER Commission Charles Lester. CAREER WORKING AND The 2002 Klamath River TEACHING IN INDIGENOUS fish kill was directly caused COMMUNITIES ALL OVER by then Vice President Dick THE WORLD. Cheney when he overrode the treaty rights of the Klamath Tribe and ordered that water level of the Klamath River be lowered which resulted in the death of millions of salmon. To date the Klamath River salmon runs have yet to recover. The ongoing battle between farmers and tribes over water and treaty rights has only escalated during the terrible drought on the West Coast over the last five years. It will take another round of fishing wars conducted by all of the entities noted and supported fully by the Department of the Interior to save the salmon kokanee and steelhead as well as all the other wildlife that depend on their presence. A lobby of these entities with their combined resources may be the last hope to save the fish. Clearcutting which has demonstrably horrendous impacts on the environment and on human communities needs to end. Removal of culverts in urban areas needs to be a priority. The preservation of coastal areas and forests needs to override the economic benefits of developers. But most of all the humans who have traditionally loved and valued the salmon whose very lives depended on the noble fish must continue to take the lead in fighting for their silver brothers and sisters. For the tribal people the salmon is considered to be a gift from the Creator and one that must be protected. The salmon runs do not just support humans they provide sustenance to the glorious orca of the Puget Sound the sea lions so often reviled as salmon thieves eagles and osprey and brown bears in the Northwest forests and the rivers of Alaska. In 2014 at a private estate a ceremony celebrating the return of the little red fish of the Snoqualmie the kokanee to a local stream was held. While in many ways this ceremony was symbolic it was a start. In spite of what Victor Joseph said in Smoke Signals for the Northwest tribes dancing with salmon is what was done and what is hoped to be saved for future generations. Among Northwest tribes the return of the salmon is often celebrated in pow wows and other community activities. The First Salmon Homecoming celebration is held in Seattle on a yearly basis. Without a concentrated and sustained effort by all entities at the tribal local state federal and now international levels this ceremony may cease to exist if the salmon lose their battle for survival. The economic benefits of saving the salmon are huge but greater than that is the preservation of a way of life for which people sacrificed their own lives in the fishing wars of the 1960s and 1970s. Without a similar fighting spirit future generations wildlife sports fishing and commercial fishing may be lost. On a very personal note I remember the enormous salmon that my father caught off Trinidad Head in California in the mid-1960s. I also remember meeting Frank the champion of the salmon in 1964. The beauty and grace of the salmon to say nothing of the deliciousness of that noble fish was a mainstay of my life. The dancing salmon is the tribal symbol of the Cowlitz my tribal people. The loss of the salmon would be devastating to myself and to millions of people in the Northwest. So yes Victor Joseph it is indeed Dancing with Salmon. Perhaps Mr. Sherman in one of his future writings will write a song for our beloved fish. In the meantime we all need to work together to ensure our silver fish will be a living legacy for the seven generations to come. Falmouth Institute was founded to provide quality and comprehensive education and information services to the North American Indian community. With over 300 training programs held nationwide Falmouth Institute is your reliable training partner. For more customized needs we also offer on-site training and hands-on technical assistance. We currently offer training and technical assistance in the following subject areas Healthcare Finance Law Technology Gaming Law Enforcement Construction Governance Natural Resources Education Housing Social Services Human Resources For more information contact Tom Wilkins 1-800-992-4489 ext 119 tom.wilkins falmouthinstitute.com www.falmouthinstitute.com www.tribalbusinessjournal.com MAY 2016 39 Cayuse Technologies headquarters in Pendleton Oregon 40 MAY 2016 www.tribalbusinessjournal.com TECHNOLOGY CAYUSE TECHNOLOGIES Tribally Owned Business Grows Small Town for a Decade BY MONICA WHITEPIGEON n the town of Pendleton Oregon sits a technology company that has been 10 years in the making. Owned by the Confederated Tribes of the Umatilla Indian Reservation (CTUIR) Cayuse Technologies LLC is the third-largest employer in the Pendleton area to both Native and local residents. www.tribalbusinessjournal.com MAY 2016 41 TECHNOLOGY Keeping up with the latest technology Cayuse Technologies was founded through an investment initiative by Accenture a global professional service and Fortune 500 company and the research of then Accenture partner Randall Willis (Oglala Lakota). With the push for jobs to stay on American soil Accenture assigned Willis to find a location for a telecommunications startup that could deliver the same kind of quality service as seen overseas but be less expensive. Having lived in Pine Ridge and near reservations all his life Willis saw the potential MONICA WHITEPIGEON for economic growth and (PRAIRIE BAND technological development POTAWATOMI) IS THE for tribal governments. CULTURAL RESOURCE Most Natives live SPECIALIST AT THE where they live regardless AMERICAN INDIAN of economic opportunity EDUCATION PROGRAM claims Willis. Part of it is AT CHICAGO PUBLIC because they were forced SCHOOLS AND IS A there part of it is because REGULAR CONTRIBUTOR it s their ancestral lands. TO TBJ. That was the hypothesis. There s a large population and with mentoring and training they could do technology activities. Willis constructed a business case and demographic that factored in a large enough population was located near higher education institutions such as colleges had good transportation systems featured accessible child care facilities and maintained a stable family environment. After researching five or six reservations including Pueblos and Cheyenne River Sioux Willis pitched the idea to CTUIR. (His wife is an enrolled member and he was familiar with several board members.) There are 2 965 tribal members who are a part of CTUIR which consists of Umatilla Walla Walla and Cayuse tribes. In 1994 the tribe established the Wildhorse Resort & Casino and now employs more than 800 individuals. Our tribal government tries to provide a supportive policy environment for our enterprises says Rosenda Shippentower a member of the board of directors and treasurer for CTUIR. We provide the most employment opportunities in the area. The idea of launching a new enterprise was too beneficial to pass up and Cayuse Technologies was established in 2006. The company started out with 25 employees a majority of whom were tribal members who had undergone training and began working with a department of health services in Austin Texas. Willis used his connections with Accenture and the company began expanding building a good reputation by being price competitive quick to deliver and having a great product. Because [Cayuse] is owned by a Native tribe it creates an advantage says the company s CEO Billy Nerenberg. We lead with our capability and that leads to a good story. In-house training Billy Nerenberg CEO of Cayuse Technologies David Filkins lead staffing recruiter Part of that good story is because of the people involved. Cayuse employs people from all walks of life with a particular focus on the younger generations who are in college and even those that do not finish but show actual aptitude. Lead Staffing Recruiter David Filkins is among the latter. He is an enrolled member and has been with the company for over three years. Born and raised on the Umatilla Reservation Filkins was instilled with a strong work ethic at an early age and began working at a golf course at 14. He traveled along the Northwest Coast working in the wine distribution industry while never straying too far from the reservation and his family. Eventually he returned to the reservation and applied for a job at Cayuse. I honestly thought I d only be collecting checks and started out at the help desk says Filkins. I had customer service skills and I turned into the guy that troubleshoots your computer. Since then Filkins has continuously been promoted to leadership roles. He says the open-door policy only adds to Cayuse s distinguishable business structure and made it possible for him to achieve his desired job as a recruiter. The secret of any business You have a core group of people that wake up every day trying to think of how to make things work says Willis. The success relies on individuals and their commitment. Cayuse Technologies has subsequently undergone many changes but its five core values quality diversity harmonious heart integrity and teamwork family have remained the same. The staff has grown to nearly 300 employees over the years and the company s capability has not faltered. Change is required to grow a company says Nerenberg. Once people catch the vision and start to believe they can do anything. The company has expanded past telecommunications with its stateof-the-art facilities that offer services both nationally and internationally in marketing branding software application development business processing and data skill set. I remember when this was just a big wheat field recalls Filkins. To be able to see these new amazing job opportunities in my lifetime is just a blessing. It s easy for me to sell Cayuse because I love Cayuse. www.tribalbusinessjournal.com MAY 2016 43 Confederated Salish & Kootenai Tribes W 44 MAY 2016 www.tribalbusinessjournal.com First in Nation to Own and Operate Hydroelectric Dam BY CLARA CAUFIELD As we look to the future we anticipate that the project which once exemplified destruction to our way of life may now help restore and revitalize our tribes as we continue the important work of protecting our reserved and aboriginal lands caring for our people and preserving our cultural resources says CSKT Chairman Vernon Finley. Seli s Ksanka Qlispe Dam (formerly Kerr Dam) lies in the heart of the Flathead Indian Reservation. It is one of the most significant hydropower facilities in Montana and encompasses a three-unit hydroelectric plant with the capacity to generate 208 megawatts of electricity generating an annual average of 1 100 000 megawatt-hours enough to supply 100 000 to 110 000 houses. Energy Keepers Inc. (EKI) is the tribally owned corporation of CSKT tribes managing the Seli s Ksanka Qlispe project. Tribal acquisition of the dam spanned many decades firmly guided by a series of tribal leaders. We are a people of vision says Charmel Gillin now a key executive for EKI as director of finance risk and administration. hen the Confederated Salish and Kootenai Tribes (CSKT) acquired the Seli s Ksanka Qlispe hydroelectric dam in September 2015 for 18.3 million they became the first tribe in the nation to own and operate a major hydroelectric facility. This milestone capped decades of sustained effort by tribal leaders. CLARA CAUFIELD A TRIBAL CITIZEN OF THE NORTHERN CHEYENNE TRIBE OWNS AND PUBLISHES A CHEYENNE VOICE NEWSPAPER LOCATED ON THE RESERVATION. SHE IS ALSO A COLUMNIST AND CORRESPONDENT FOR THE NATIVE SUN NEWS AND A FREELANCE JOURNALIST. SHE CAN BE REACHED AT ACHEYENNEVOICE GMAIL.COM. TRIBALNOMICS Seli s Ksanka Qlispe hydroelectric dam www.tribalbusinessjournal.com MAY 2016 45 TRIBALNOMICS Flathead River bend Dustin Shelby and family Dustin Shelby an enrolled member of the Confederated Salish Kootenai Tribes and electrical engineering student at Montana State University Bozeman is still in awe of how the world opened up for him. He has a solid career awaiting him after graduation when he will work for the tribally owned hydroelectric dam on his home reservation. Shelby s story is similar to that of many young Native Americans from reservations. As a high school student on the Flathead Indian Reservation he was encouraged by his father Bruce a foreman with Mission Valley Power and his mother Shelda a longtime administrative assistant to the tribal chairman. Both of my parents taught me the importance of a high work ethic Shelby says. When I was growing up there wasn t much support from the community or schools for Indians to say There are great opportunities and hope. That was only instilled by my family. After high school Shelby went to Montana State for a year and half but he burned out and moved to Washington state to do factory work. I realized that was not a career so I moved back home and attended the tribal college in a preengineering program he says. When Energy Keepers advertised for hydro-facility operators for day-to-day maintenance and operation Shelby says I applied and was accepted. That position normally a three-year apprenticeship program accelerated into two years. With an eye on future manpower needs Energy Keepers approached Shelby about finishing his electrical engineering degree. Shelby then had a short window to accept and get enrolled in school. He is now under an educational contract with Energy Keepers which pays 100 percent tuition and a very comfortable living stipend according to Shelby. The world opened up The Hellgate Treaty of 1855 established the Flathead Reservation but in 1904 the Flathead Allotment Act opened it to non-Indian homesteaders who claimed lands deemed surplus by the federal government. To accommodate a larger number of allotments and thus allow for more homesteads for nontribal members the Flathead Indian Irrigation Project (FIIP) was constructed a complex system of engineered dams reservoirs and canals that dramatically altered the natural systems of the reservation. FIIP also required electricity for the pumping of water initiating the construction of the hydropower facility then under the control of the Montana Power Company (MPC) in 1930. About 1 200 men were employed including some tribal members. Tragically several tribal members lost their lives during that dangerous construction. The CSKT tribes plan to establish a memorial honoring those men. Today we recover our indigenous territory to manage resources while providing hydropower career opportunities for tribal members says Gillin. In the 30s the jobs for tribal members were laborers. Today we employ tribal members in highly technical and professional fields. 46 MAY 2016 www.tribalbusinessjournal.com Circa 1939 Salish and Kootenai tribal leaders contemplate the newly constructed Kerr Dam its impacts on their resources and the sacrifices they would need to endure as a result of its construction. From left to right Louie Hammer Antoine Quequesah Eneas Quequesah Alex Beaverhead Little Martin and Mose Michel. The Federal Energy Regulatory Commission (FERC) provides power production licenses for 50-year periods when MPC secured a license to build the dam the tribes were not consulted. Initially the tribes did not benefit financially from the project and they protested the dam s construction at the falls a culturally significant site. During the window for relicensing in 1985 CSKT made a major move in becoming a co-licensee for the project establishing its right to an annual charge for the use and occupancy of the tribes lands as well as the right to purchase the project within the new license period. CSKT has appointed a five-member board of directors according to very specific qualifications to oversee its Section 17 (IRA) corporation Three directors are enrolled members of CSKT with expertise in the field of energy or related matters (Thomas J. Farrell board chairman Daniel F. Decker board vice chairman and Robert Gauthier board secretary) and two have knowledge education and related professional experience (Thomas A. Babineau and Lon Topaz). Charmel Gillin an enrolled member of the Confederated Salish Kootenai Tribes and a lifelong resident of the Flathead Indian Reservation is director of finance risk and administration for Energy Keepers. Gillin has been involved in the tribal dam project for six years and was directly involved with the formation of Energy Keepers Inc. its charter and bylaws. When we started it was only the CEO our lawyer and me working with the tribal government to review business models and strategize capital structure. We literally started from scratch Gillin laughs recalling her first desk was a folding table. That was a first step in creating our corporate environment. Thus Gillin knows firsthand that the development of Energy Keepers was a long-term effort through hard work of tribal leaders and employees. We are now benefiting from the sacrifice and vision of people before us giving us opportunity to rise from horrible places of oppression offering hope to future generations. We are tribal and tribalism is all about doing your part to further our prosperity as a whole. Gillin has guided her career with a strong sense of tribalism which started in high school learning Salish language and tribal government. Serving 25 years with CSKT she has since gained degrees from Salish Kootenai College and the University of Montana with bachelor s in accounting and finance and a master s in business administration skills critical to her role at Energy Keepers. I believe in the opportunities created by this corporation tribal ownership and operation of the dam it s more than what meets the eye. It is certainly a financial opportunity to shift the local tribal economy but it also has the potential to impact and empower our people through a process of self-actualization. Starting from scratch Charmel Gillin www.tribalbusinessjournal.com MAY 2016 47 48 MAY 2016 www.tribalbusinessjournal.com TRADE ASSOCIATION PARTNERS The Native American Contractors Association A Advocating to Advance Opportunities for Native Federal Contractors BY JANEE DOXTATOR-ANDREWS (ONEIDA NATION OF WI) dvocating for the rights of Indian Country s participation in the Small Business Association s Native 8(a) Business Development Program on Capitol Hill is the Native American Contractors Association (NACA) which was founded in 2003 to promote the common interests of its membership of tribally owned corporations Alaska Native corporations and Native Hawaiian organizations. It is the unique perspectives of each of its members that drive the organization as it promotes the benefits of using Native-owned firms with quality products and services in the federal government marketplace and protects the 8(a) program. www.tribalbusinessjournal.com MAY 2016 49 TRADE ASSOCIATION PARTNERS At the forefront of NACA s mission is monitoring the federal is flawed Rothe raises baseless legal arguments that could economic and business development policy and utilizing its devastate Native American communities. In addition to tracking the progress of the Rothe case NACA members to advocate successfully on its behalf. NACA s amicus curiae brief in the recent Rothe Development Inc. v. remains active in its efforts to advocate and provide education U.S. Department of Defense case on appeal demonstrates to strengthen Native 8(a) contracting. The organization the organization s determination to preserve sovereign recently contributed to an update of the A Quiet Crisis rights under the 8(a) program. Charged with helping small Federal Funding and Unmet Needs in Indian Country report disadvantaged businesses compete in the marketplace the for the U.S. Commission on Civil Rights and participated in program has been challenged as unconstitutional for giving a panel on federal contracting during the National RES 2016 minority-owned small businesses an advantage when seeking conference in Las Vegas. NACA also contributed to the Congressional Minoritygovernment contracts. Cases like Rothe demonstrate why NACA exists says Owned Small Business Roundtable which was comprised NACA Executive Director Michael Anderson. The attacks of democratic members of the Small Business Committee and industry leaders to set-aside programs for Anderson was the keynote minorities and disadvantaged speaker at the Alaska groups never stops. Native Village Corporations Especially as federal budgets Association Conference in shrink more people will April and May s Midwest attack these programs. We tour meeting with several are happy we could be an Organization Native American Contractors NACA members provides advocating voice in this case Association a firsthand look at the great and it would not have been Location 750 First St. NE 950 contributions that NACA s the success it was without Washington DC 20002 members are making for the support of our sign-ons Executive Director Michael Anderson their communities. to the amicus brief. Established 2003 As the year progresses NACA and its coalition Mission To enhance self-determination NACA continues to have affirmed Nativethrough preservation and advance its outlined owned companies involved enhancement of government legislative regulatory judiin the program are not to contracting participation based on ciary and administrative be found susceptible to the the unique relationship between policy priorities for 2016 constitutional challenge Native Americans and the federal while planning its highly brought forth by Rothe government. anticipated events. Currently which seeks to eliminate the Convention NACA 2016 Annual B2B in the works is the Emerging entire program. Although Conference & Expo Native Leaders Summit in the 8(a) program is nowhere Nov. 1-3 2016 partnership with the Center near perfect it is necessary to Hard Rock Hotel & Casino for Native American Youth. ensure the U.S. government Tulsa Oklahoma The summit which takes fulfills its fiduciary and trust place in Washington D.C. responsibilities to Native Americans. At times these government contracts serve as the Aug. 16-18 and offers trainings sessions and receptions is only catalyst for economic development in many currently seeking sponsors to provide scholarships to students who cannot afford to attend. JANEE DOXTATOR- of the remote reservations across Indian Country. NACA s 2016 Business-to-Business Conference & Expo ANDREWS IS AN Underdeveloped economies found in tribal which takes places Nov. 1-3 at the Hard Rock Hotel & ENROLLED MEMBER OF communities rely on the 8(a) program as a way of Casino Tulsa is in its fourth year and will provide enhanced THE ONEIDA NATION upholding the U.S. government s obligations. NACA s amicus curiae brief defends the 8(a) hands-on trainings and workshops pertinent congressional OF WISCONSIN. SHE developments and regulation changes and will hear directly IS THE OWNER OF program and its merits. The problem lies with from the SBA. DOXTATOR MARKETING little to no promotion of the 8(a) programs that are Trade association partners like NACA are the driving forces & COMMUNICATIONS available for the disadvantaged and underserved that support Indian Country as we uphold and strengthen our HELPING YOU TELL communities. Contrary to Rothe s claim that the tribal sovereignty. For decades Indian Country has worked to YOUR STORY YOUR 8(a) program is unconstitutional on its face and clarify and confirm federal laws to ensure the fair treatment WAY. SHE CAN BE is a violation of the nondelegation doctrine... and recognition of Indian tribes and our sovereignty for all REACHED AT JANEE and allegations that the SBA cannot prove purposes. Regardless of the challenges we face we continue DOXTATORMARKETING. discrimination against such groups and that the to prosper. COM. government s evidence to support such programs NATIVE SCENE Navajo Professional Cowgirl and eight-time Indian World Champion Kassidy Dennison with Navajo Professional Cowboys Erich Rogers and Derrick Begay during at meet and greet on April 12. Sandy Lechner publisher of the TBJ and Robert Joe COO Office of the President and Vice President of the Navajo Nation 2016 Navajo Nation Economic Summit The 2016 Navajo Nation Economic Summit was held at the Twin Arrows Navajo Casino Resort in Flagstaff Arizona from April 11-14 2016. Navajo Nation President Russell Begaye provides the welcome address as Vice President Jonathan Nez looks on. Lena Fowler Coconino County supervisor Lance Morgan president and CEO of Ho-Chunk Inc. gives a keynote address on April 12. Crystal J. Deschinny division director for the Navajo Nation Division of Economic Development www.tribalbusinessjournal.com MAY 2016 51 NATIVE SCENE Opening conference 2016 Native American Finance Officers Association 34th Annual Conference The 2016 Native American Finance Officers Association s 34th Annual Conference was held at the Gila River Indian Community s Sheraton Wild Horse Pass Resort & Spa in Phoenix Arizona April 17-19 2016. CALENDAR FERTILE GROUND II GROWING THE SEEDS OF NATIVE HEALTH JW Marriott Minneapolis Mall of America Bloomington Minnesota vfhk.wufoo.com forms s1bzku0j0luakhn May 2 - 4 Hilton Hawaiian Village 2016 AMERIND RISK NAIHC NATIONAL CONFERENCE & TRADESHOW Hilton Hawaiian Village Waikiki Beach Resort Honolulu Hawaii naihc.net annual-convention May 8 - 11 THE 10TH ANNUAL NEW MEXICO NATIVE AMERICAN ECONOMIC SUMMIT Hotel Albuquerque Albuquerque New Mexico nmnaec.com May 9 - 11 May 2016 TESORO CULTURE CENTER S 16TH ANNUAL INDIAN MARKET & POWWOW The Fort Restaurant Morrison Colorado tesoroculturalcenter.org May 14 - 15 May 17 - 19 2016 USET SEMIANNUAL MEETING Wind Creek Casino & Hotel Atmore Alabama usetinc.org Catamaran Resort Hotel and Spa May 16 - 18 2016 MONTANA INDIAN BUSINESS ALLIANCE CONFERENCE Best Western Plus Heritage Inn Great Falls Montana mibaonline.org NATIVE AMERICANS IN PHILANTHROPY 11TH ANNUAL PHILANTHROPY INSTITUTE RAISING IMPACT WITH NATIVE VOICES Catamaran Resort Hotel and Spa San Diego California nativephilanthropy.org events Tribal Business Journal compiles a monthly calendar of economic development events in Indian Country. If you have an event you would like to have published please send information at least eight weeks in advance of the event to Levi Rickert editor-in-chief at lrickert tribalbusinessjournal.com. www.tribalbusinessjournal.com MAY 2016 May 25 - 27 53 The Mashpee Breaks Ground on First Light Resort & Casino 54 MAY 2016 www.tribalbusinessjournal.com Wampanoag Tribe T BY LEVI RICKERT GAMING here was excitement in the air on April 5 as the Mashpee Wampanoag Tribe also known as the People of the First Light broke ground for its First Light Resort & Casino. In attendance were tribal officials 500 tribal citizens and elected officials of Taunton Massachusetts. For the Mashpee Wampanoag s tribal citizens the journey to the groundbreaking ceremony was a long one because it took the tribe almost a decade to obtain land for a casino. Once the land was secured the tribe went through the rigorous process of getting the 151 acres where the casino will be built put into trust by the U.S. Department of the Interior. When the first phase of the construction is finished in the summer of 2017 First Light Resort & Casino will be the first destination casino in the state of Massachusetts. Taunton is located 40 miles between Boston and Providence Rhode Island and is a New England town in need of economic development due to textile plant closures. As People of the First Light we are here to inaugurate the beginning of a Mashpee Wampanoag Tribal Council Chairman Cedric Cromwell strong economic partnership with the city of Taunton as well as the first tangible step in building an economic base for our tribal nation says Mashpee Wampanoag Tribal Council Chairman Cedric Cromwell. The Wampanoag people have lived off this land for 12 000 years. And though some doubted we would ever see this day come to pass here we are on track to open a first-class resort and be the first to market. This resort casino will rival any casino in the country. Taunton s Mayor Thomas Hoye was enthused about the tribe bringing a resort and casino to his town because of the dawn of renewed economic growth it brings. Not only will this help sustain the tribe and their magnificent culture for generations to come it will also provide a tremendous economic jolt to the proud city of Taunton and surrounding region as well as boost revenues to the commonwealth by as much as 2 billion Hoye says noting the 1 000 construction jobs and 2 600 permanent jobs First Light Resort & Casino will create. The groundbreaking is a great success and a step forward for economic development for our tribal nation. It s a very exciting time for our tribe says Stephanie Sfiridis a Mashpee Wampanoag tribal citizen. After the groundbreaking ceremony demolition work began. The demolition work in conjunction with 30 million of off-site traffic improvements will clear the way for the construction of the casino. The first phase of the casino to open in June 2017 will include a gambling hall with thousands of slot machines and table games like blackjack craps and roulette. The final phase which will be concluded by 2020 will feature three hotels. When fully operational First Light Resort & Casino expects to attract 5.3 million visitors annually. The Mashpee Wampanoag Tribe has chosen Genting Group to operate First Light Resort & Casino. With more than 50 000 employees the group owns and operates more than 50 casinos around the globe bringing a wealth of experience to the tribe. Genting Group also has a history of working in Indian gaming it was one of the early financiers of Foxwoods Resort and Mohegan Sun in Connecticut. www.tribalbusinessjournal.com MAY 2016 First Light Resort & Casino Features 3 000 slot machines 150 table games 40 poker tables Fine dining restaurants food court with international buffet and 24-hour cafe Three 15-story 300-room luxury hotels Lounge and performance stage Indoor pool Nine retail stores 31 000-square-foot multipurpose function room Five meeting rooms Spa and water park 55 COMMUNICATIONS F It s on the Website (...and Why That s Not Enough) BY GLENN C. ZARING or a variety of reasons a nonNative entity may have difficulty identifying the appropriate tribal official to contact within a tribe. This dilemma may involve governmental agencies and administrators when they work with a tribal nation. It may involve getting fair news coverage. Who can connect you with the right people and offices The problem is that in 2016 we try to answer that question... with just a website While websites can be colorful interactive and informational I long for the days when you could call someone at an office (usually the longtime receptionist or the secretary who knew everybody and everything about the place). One phone call could put you on the right track to find what you need. It could also communicate the rest of the story in ways that no shiny computer screen ever can. Here s an example from Indian Country. Not too many years ago I could go down to the community center and ask Aunt Katie about something from the tribal past. She could tell me about what had gone on long before the U.S. government had said Yes you are really a tribe. Her answer would usually be humorous and would probably be laced with a lesson for me. But she would give me the answer in such a way that I d never forgot it. Now most of the time we are told to go to a website to find the information we need. The words are there if you can find them the spirit however is not. A tribal friend from Minnesota always says There are 567 different tribes in the U.S. and they are all different. He is quite right and that is one of the challenges for tribal businesses. It is also one of the beauties as we enter the corporate business world it sets tribal nations and businesses apart and that can become our competitive advantage. In 2004 when starting the Public Affairs Office for a sovereign tribal nation the caveat to me from our Chief was Get our communications under control Our situation had those from outside the tribe contacting unauthorized individuals or people who had no idea how to handle the inquiry. That led to incorrect or problematic answers both economically and politically. As an example we were a fishing tribe with commercial fishing boats plying the waters of the Great Lakes. Reporters were used to verbally ambushing tribal fishers and then twisting their answers to make the tribe and Indians in general look bad. Internally we had no controls or guidelines set up for the dissemination of information. Various departments could put out their own message without making sure that it was accurate or if it meshed well or properly with the rest of the tribal team. From a journalistic view local reporters had their favorite tribal contacts. Of course these contacts really enjoyed being an informed source... They just didn t always have the right information and didn t know how to keep it as part of the overall message of the tribal nation. What was needed was a streamlining of the information system both incoming and outgoing. Our answer was to make the PAO the clearing house for both sides of the communication connection. First we went to newsrooms and government and corporate offices and did a sales job on them to train them to contact the PAO whenever they had questions or needed information. We needed them to establish a communication habit of coming to the PAO right out of the gate. On the tribal side the office also set up a system to quickly answer questions when they came in. Everything possible was done to frame those answers in a way that they supported the overall message of the tribe. A nice-looking website is a fantastic tool but tribal nations are different. What we do has a personal cultural element that nontribal entities wish they had. Having an effective communication team in place to share that difference while at the same time providing correct GLENN C. ZARING (CHEROKEE) information can IS THE FORMER PUBLIC AFFAIRS make working DIRECTOR OF THE LITTLE RIVER with us a beautiful BAND OF OTTAWA INDIANS BASED IN and rewarding MANISTEE MICHIGAN AND OWNER experience. OF TRIBAL PUBLIC AFFAIRS ADVISOR That should be (TPA2). HE MAY BE REACHED AT our goal. PUBLICAFFAIRSADVISOR GMAIL.COM. 56 MAY 2016 www.tribalbusinessjournal.com EDUCATION ecruiting qualified college graduates to jobs in the construction industry has become as competitive as recruiting star athletes to top-tier sports programs. From well-paid internships to signing bonuses companies are putting on a full-court press to attract the best and brightest in the industry. According to a survey conducted by the Associated General Contractors of America 86 percent of construction companies are having a tough time finding qualified workers. The U.S. Labor Department reports that construction firms in the nation added 37 000 jobs in March 2016 alone while the industry as a whole employs 6.3 million Americans. With such high demand in a growing and evolving field companies are always looking for ways to stand out in the crowd including investing in the future of promising students. Flintco s Director of Tribal Relations Vernelle Chase-Taylor is hoping that sponsoring a scholarship program for American Indian students will increase the number of Natives not only attending college but also studying construction sciences. We are proud to give back to Indian Country by providing educational opportunities for our young tribal members seeking careers in construction she says. WE ARE PROUD TO GIVE BACK TO INDIAN COUNTRY BY PROVIDING EDUCATIONAL OPPORTUNITIES FOR OUR YOUNG TRIBAL MEMBERS SEEKING A CAREER IN CONSTRUCTION. Flintco s investment in Native communities can be traced back to its founding in 1908 when C.W. Flint established what became one of the nation s largest Native-owned construction firms for more than a century. The firm has a long track record of mentoring Native subcontractors and implementing proactive programs to hire and train Native Americans. Flintco was purchased in 2013 but continues to honor its Native American roots by maintaining its commitment to tribes and Indian Country. The construction company has awarded over 25 000 in scholarships since 2007 but primarily worked with individual tribes in the past. Now partnered with the American Indian Graduate Center (AIGC) a national nonprofit organization that manages the program Flintco is able to reach a wider pool of applicants. AIGC is excited to continue our partnership with Flintco AIGC Acting Director Joan Currier says. Flintco has stepped forward to invest in the future of Native construction management students. AIGC funds all fields of study so this has definitely added to our diversified mix Indian Country has a growing need for this type of profession. The Flintco scholarship is available to students who plan to attend an undergraduate or vocational program in construction-related fields. Qualifying programs include construction manage-ment construction science engineering safety and related fields. Construction management students earning a 3.25 GPA or higher will be eligible to apply for the scholarship. Flintco included vocational students who will be awarded 1 500 because of the well-rounded education they receive from two-year institutions including field engineering mechanical engineering systems and leadership. I m proud of Flintco s commitment to developing our American Indian workforce by providing industry scholarships paid internships and mentors Chase-Taylor says. We are building our workforce capacity while providing opportunities and giving back to an industry that has been good for me and my family as well as for Flintco. Qualified students are encouraged to apply at aigcs.org. Applications must be received by June 1 2016. KATIE WILLIAMS IS A TULSA-BASED FREELANCE WRITER AND THE CORPORATE COMMUNICATIONS MANAGER FOR FLINTCO. Flintco Offers Scholarships to Construction-Bound Students www.tribalbusinessjournal.com MAY 2016 57 IN THE NEWS AT&T BECOMES A SPONSOR OF THE NATIVE EDGE Communications giant AT&T has become a sponsor of the Native Edge the National Center for American Indian Enterprise Development s (NCAIED) online business platform designed to give Indian Country the edge in business. The AT&T sponsorship was announced at March s National Reservation Economic Summit (RES) in Las Vegas. As part of the sponsorship AT&T will post relevant job openings inside the online portal. AT&T has been a tremendous partner with the National Center for quite some time and the company s commitment to diversity recruiting and hiring is unsurpassed says Gary Davis president and CEO of NCAIED. AT&T s support will reinforce the Native Edge s position as the online resource for Indian Country to do business. We thank AT&T for its sponsorship and look forward to working with the company in the years ahead. The Native Edge which can be accessed at nativeedge.com features four primary components 1) The Hire Edge which helps Native American business owners find employees and job seekers to find potential employers. It also helps Corporate Diversity Recruiters Gary Davis to meet and exceed their diversity goals by matching them with the Native American workforce. 2) The Native to Native (N2N) Edge Community which allows businesses entrepreneurs students and job seekers to network with one another and initiate new relationships. 3) The Training Edge which provides business owners and their employees with interactive tools and training sessions to help in their professional development. 4) The Procurement Edge a database for both federal and corporate procurement opportunities which also allows for Native-owned businesses to partner and team with one another. As a bonus for attending this year s National RES attendees were given a free onemonth trial access to the Native Edge. For The Underbanked Portfolio Management Marketing Consumer Acquisition and Retention Customer Service w w w. M a c F a r l a n e G P. c o m Building A Bridge 58 MAY 2016 www.tribalbusinessjournal.com CHEROKEE NATION BREAKS GROUND FOR 10TH CASINO The Cherokee Nation and Cherokee Nation Entertainment broke ground for a new casino in Grove Oklahoma that will add 175 jobs to the local economy. The gaming facility will be the tribe s 10th casino. Nothing makes me prouder than providing quality jobs for the Cherokee people says Cherokee Nation Principal Chief Bill John Baker. Our entertainment division consistently brings to the market the best jobs and the best entertainment options. The jobs created by this venue drive our economy and the financial success of our businesses is reinvested throughout northeast Oklahoma to provide a better quality of life for the Cherokee people. The new casino will be on a 24-acre site that the tribe purchased in 2013. The 23 million casino is expected to Rendering of new casino open this winter. The 39 000-squarefoot facility will feature a restaurant a fullservice bar a live music venue a dance floor and complimentary nonalcoholic drinks. The rustic lodge-style venue will offer event space for hosting private and community events and an outdoor patio. Cherokee Nation Entertainment operates Hard Rock Hotel & Casino Tulsa eight Cherokee Casinos including a horse racing track three hotels three golf courses and other retail operations in northeastern Oklahoma. The region s entertainment leader employs 4 000 people. The tribe s minimum wage is 9.50 per hour well above the federal minimum wage and the company offers an exceptional benefits package to full-time employees. AMERICAN INDIAN TOURISM CONFERENCE THE 18TH ANNUAL SEPTEMBER 12 - 14 TULALIP RESORT CASINO TULALIP WASHINGTON 2016 Presented by aitc2016.com Learn More Online www.tribalbusinessjournal.com MAY 2016 59 IN THE NEWS U.S. DEPARTMENT OF ENERGY ANNOUNCES 9 MILLION FUNDING FOR 16 CLEAN ENERGY PROJECTS FOR INDIAN COUNTRY The Office of Indian Energy with the U.S. Department of Energy (DOE) has announced more than 9 million in funding for 16 clean energy and energy efficiency projects affecting 24 American Indian and Alaska Native communities. The announcement was made by Office of Indian Energy Director Chris Deschene during the opening general session of the National Reservation Economic Summit (RES) in Las Vegas. Our goal is to change how the world perceives Indian energy. By the end of this year I want to be able to report we have reshaped the thinking for Indian energy in the country Deschene says. The 24 projects provide American Indian tribes and Alaska Native villages energy solutions that will reduce fossil fuel use and save money. They also support national energy goals of strengthening tribal energy sufficiency and creating jobs in predominately rural and remote communities. The projects represent a total investment value exceeding 25 Chris Deschene million. DOE s funding is expected to be leveraged by nearly 16 million in cost share under these selected tribal energy projects. Since 2002 DOE has invested over 50 million in nearly 200 tribal clean energy projects and continues to provide financial and technical assistance to maximize the development and deployment of energy solutions for the benefit of American Indians and Alaska Natives. The following projects were competitively selected to receive funding AWARDEE Akwesasne Housing Authority (St. Regis Mohawk Tribe) Alaska Native Tribal Health Consortium Alaska Village Electric Cooperative Inc. Pitka s Point Native Corporation Renewable Energy Joint Venture Bishop Paiute Tribe Chippewa Cree Tribe False Pass Tribal Council Hughes Village Council Little Big Horn College NANA Regional Corporation Northern Pueblos Housing Authority (on behalf of Picuris Pueblo) Nottawaseppi Huron Band of the Potawatomi Rosebud Sioux Tribe Utility Commission San Pasqual Band of Mission Indians Soboba Band of Luise o Indians Sokaogon Chippewa Community Mole Lake Band of Lake Superior Chippewa White Earth Reservation Tribal Council STATE New York Alaska Alaska California Montana Alaska Alaska Montana Alaska New Mexico Michigan PROJECT 615-kilowatt (kW) community-scale solar photovoltaic (PV) system Energy efficiency retrofits to the community water treatment plants in the Native Village of Kotlik the Village of Alakanuk and the Noorvik Native Community 900-kW wind turbine to provide electricity for the Alaska Native communities of Pitka s Point St. Mary s and Mountain Village 120 kW of solar PV on 34 single-family low-income homes 21 kW of solar PV on three duplexes (six units) on the Rocky Boy s Indian Reservation 50-kW marine hydrokinetic (tidal) power system in the Isanotski Strait in the Aleutian Islands 150-kW solar PV array and lithium battery 45-kW roof-mounted awning-style solar PV array 500-kW 75-kW and 50-kW solar PV systems in Kotzebue Buckland and Deering 1-megawatt (MW) solar PV array 600-kW natural gas combined heat and power system 42 grid-tied solar electric PV systems totaling at least 170 kW on 40 low-income single-family homes and two community buildings 1-MW ground-mounted fixed-tilt solar PV system 605.36 kW of solar PV to serve 15 governmental buildings 60.8 kW of ground-mounted solar PV systems ranging in size from 12 to 36.5 kW on three community buildings South Dakota 58 kW of grid-tied residential solar PV on 10 homes California California Wisconsin Minnesota 60 MAY 2016 www.tribalbusinessjournal.com NAVAJO GENERATING STATION S 47 MILLION OVERHAUL PROVIDED JOBS FOR CLOSE TO 1 300 The 2016 overhaul of the Navajo Generating Station s Unit 2 is complete. Each winter NGS completes either a major eight-week or minor four-week overhaul on one generating unit and all of the systems involved in its operation. The plant is currently in a three-year cycle of major overhauls. The amount of work completed in this year s 63-day 47 million overhaul is amazing says NGS Maintenance Manager Shayne Jones. It s pretty phenomenal he says. At one point we had close to 1 300 people out here working on the overhaul. In a major overhaul one of NGS s three 750-megawatt turbines and a generator are completely disassembled inspected repaired where needed and reassembled to specification This kind of maintenance has enabled NGS to run efficiently and reliably for 41 years. NGS overhauls at this time of the year provide a huge financial boost to the economies of Page Arizona the surrounding Navajo communities the northern Arizonasouthern Utah region An Atlantic Plant Maintenance millwright and bolt technician heat high-pressure shell bolts for stretching on the main steam leads of the Unit 2 turbine during the 2016 NGS overhaul. and the hundreds of Navajo men and women who return to do the work. More than 95 percent of the temporary workers hired by main contractor Zachry Group were Navajo. This would be my seventh year. Financially it s very important says Anthony Descheenie a worker with Zachry Safety. Helping you make the right decision at the right time Information is a powerful thing. And the right information--analyzed by experienced people-- can help all of us learn from the past navigate the present and predict the future. That s why we go beyond credit data-- to offer the insights businesses and consumers need to make informed decisions and do great things. Our diverse sets of data and analytic solutions deliver meaningful insights to help you spot opportunities and manage risk. LEARN MORE Visit www.transunion.com for more information www.tribalbusinessjournal.com MAY 2016 61 IN THE NEWS ANUSKEWICZ & MCCABE WINS NCAIED S AMERICAN INDIAN BUSINESS OF THE YEAR On March 22 during the annual Reservation Economic Summit (RES) in Las Vegas the National Center for American Indian Enterprise Development (NCAIED) presented Sean McCabe from Anuskewicz & McCabe P the .C. coveted American Indian Business of the Year award. Founded in 2006 Anuskewicz & McCabe provides accounting and consulting services to tribal governments casinos tribally owned businesses and notfor-profit organizations around the country 100 percent of the firm s Sean McCabe client roster is American Indian. In addition the firm has committed itself to being the only firm in the country that will hire only American Indian professionals. We are Native American-owned and -operated and we understand the nuances that are unique to American Indian governments says McCabe. We commit ourselves to a service approach unparalleled by any other firm. McCabe a Navajo tribal citizen from Fort Defiance Arizona is a certified public accountant (CPA) licensed in Arizona and New Mexico. Native Art. Inspired. Upton Ethelbah Jr. (Santa Clara Pueblo White Mountain Apache) NATIVE NEWS ONLINE THE NATIONS LEADING SOURCE FOR NEWS AND INFORMATION ON INDIAN COUNTRY. Santa Fe Indian Market SOUTHWESTERN ASSOCIATION FOR INDIAN ARTS FOR INFORMATION ON ADVERTISING AND SUBSCRIBING CALL 954-377-9691 OR EMAIL SLECHNER TRIBALBUSINESSJOURNAL.COM August 20-21 2016 santafeindianmarket.com 62 MAY 2016 www.tribalbusinessjournal.com TRIBAL BUSINESS ETHICS n last month s issue I discussed the ethics infrastructure Ethical behavior has to be more than wished upon it has to be created within any organization s structure and culture. What is the first step in the ethics infrastructure Organizational assessment. Simply put you have to know where you are to be able to map out where you are going or where you want to be. Most corporate entities think that strategic planning is the first step. On its face that may seem to be correct. However the first step of strategic planning is to conduct a very comprehensive organizational analysis. Once this is done there has to be a system designed to constantly monitor and analyze. Think of a radar screen that is pinging on a constant basis. So many times I have seen businesses go through some type of organizational analysis such as the SWOT (Strengths Weaknesses Opportunities and Threats) model. They then design a strategic plan based on this information and move forward. However there is no mechanism to continue the analysis process or tie the results of the analysis to the day-today operations and management of the organization. So how do they proceed First let s talk about the types of formal analysis you can use. The most familiar is the SWOT model. It s an old standby and still has value. But it is not enough. The newest version of this is the SOAR (Strengths RANDALL SLIKKERS Opportunities Aspirations MBA IS THE EXECUTIVE and Results) model. I have DIRECTOR OF THE personally found that SOAR CONSORTIA OF should not completely replace ADMINISTRATORS FOR SWOT but instead augment NATIVE AMERICAN it. Once SWOT has been REHABILITATION I The Importance of Organizational Analysis BY RANDALL SLIKKERS performed you can really focus your organization by identifying what are the true aspirations and what specific results can be measured to ensure you are reaching those goals. I would like to bring your attention to a third type of organizational analysis The McKinsey 7S Framework. This system has you analyze Structure Strategy Systems Skills Style Staff and Shared values. If you Google this system you will see it is a circular philosophy very similar to the Seven Grandfather Teachings in its structure). It is the only circular (vs. linear) organizational philosophy that I have ever been able to find. Its ecosystem approach that all seven S s work together is unique and different from many of the hierarchical non-Native systems. This system forces an organization to focus on these seven components of whose center is shared values. If the shared values of an organization are sound its ethical infrastructure is sound. Another uniqueness of the 7S model is that it gives an organization and its management structure a day-to-day model to follow. Is your management team looking at the overall status of staff structure strategy systems style skills and shared values on a consistent basis Is there a daily checklist Are there monthly management reports that follow these topics Are they talked about during the annual strategic review The bottom line is this By doing an organizational analysis having a day-today management system that mirrors this analysis and using it to guide the strategic plan you have a great start on a lasting ethics infrastructure. Without this ethics is happenstance. Even if there is change every two years in tribal government or other factors that precipitate a change in leadership by staying true to the organizational analysis the strategic plan and the other components of the ethics infrastructure you will be able to ensure that you have the trust of your tribal government the staff who help to run the tribal business enterprise and the people of your tribe that rely on you. www.tribalbusinessjournal.com MAY 2016 63 Over the last year and a half an ambitious housing project has been underway making dream homes a reality for hundreds of tribal residents in Arizona s Gila River Indian Community (GRIC). Tribal Collaboration Creates Unprecedented Housing Project KAUTAQ CONSTRUCTION 64 MAY 2016 www.tribalbusinessjournal.com T HOUSING BY MONICA WHITEPIGEON This 18-month project offers 16 different floor plans throughout the seven districts all of which are handicap accessible. In order to accommodate those in wheelchairs the homes are universal designs that include grab bars in showers and around toilets Gila River project construction roll-in showers ADA toilets and roll-under sinks in complacency among subcontractors as their future award of tasks is dependent master bathrooms. There hasn t been an undertaking upon their performance. Kautaq also of this magnitude before says Paul requires all company departments to Holguin the general superintendent of evaluate contractors through monthly report cards that include assessments the GRIC project. According to the 2014 Survey of of quality control scheduling safety Construction from the Census Bureau accounting superintendents Tribal the average completion time for a Employment Rights Ordinance (TERO) single-family house is seven months. and project management staff. The overall value of the GRIC For further perspective construction of a project of this magnitude must factor housing project is estimated at in 305 025 tons of processed dirt 47 725 88.2 million with over 4 million in cubic yards of concrete 282 miles with value engineering on the homes as well of electrical wire 77 605 sheets of as 16 million in cost saving for pad drywall 62 250 gallons of paint and 700 construction. Kautaq prides its self in using a guaranteed maximum price AC units to name a few. By having a higher focus on quality (GMP) contract with GRIC which is control and regular assessments the negotiated as cost plus meaning cost company has been able to build more of construction plus a fixed margin. Our goal is to be a long-term partner houses quickly and efficiently. Kautaq uses local subcontractors and employs and be their go-to contractor says roughly 28 percent Native Americans Holguin. This sort of checks and balances depending on project locations. It also relies heavily on centralized scheduling system has benefited Kautaq s reputation which ensures subcontractor efficiency while simultaneously proving its and accountability resulting in capabilities as a dependable and accurate predictable reporting. All the committed construction company. The houses are able to complete without project is scheduled for MONICA WHITEPIGEON deficiency and maintain a 95 percent completion in June 2016. (PRAIRIE BAND The combination of GRIC approval rating. POTAWATOMI) IS THE This is working better than we and UIC really showcases the CULTURAL RESOURCE could ve imagined says Holguin. potential of what is possible SPECIALIST AT THE Every single home is treated with when tribal collaboration AMERICAN INDIAN urgency and we make sure that we occurs. It should be EDUCATION PROGRAM spread the love with the subcontractors. inspirational to other tribes AT THE CHICAGO PUBLIC Based on a master subcontract with housing needs says SCHOOLS AND IS A agreement each home has its own set of Holguin. This can be done REGULAR CONTRIBUTOR task orders. Following this minimizes and replicated. TO TBJ. here are many factors that set this project apart from most other housing projects one in particular is that an Alaska Native corporation owns the construction company Kautaq Construction Services LLC. Kautaq which means hammer in I upiat is a subsidiary of Ukpeagvik I upiat Corporation (UIC) which consists of approximately 2 500 shareholders. UIC was officially established in 1973 in the subsistence-oriented community of Barrow Alaska. As the years went by its operations grew from a butcher s shop and fresh produce storage facility to a 420 million annual company. Now UIC employs nearly 2 000 workers through its various divisions which include UIC Design Plan Build UIC Oil & Gas Services UIC Marine Services UIC Government Services UIC Real Estate and UIC Sand & Gravel. Kautaq Construction Services is UIC s full-service general contracting construction management firm that focuses on Native American contracting and federal government opportunities. Being HUBZone certified Kautaq also is a program participant of SBA 8(a) an assistance program for small disadvantaged businesses. The company maintains two offices one in Anchorage Alaska and the other in Tempe Arizona. Focusing primarily in the lower 48 states Kautaq s Arizona office first began working with GRIC in 2013 with a smaller development project of 25 homes. Since then Kautaq and GRIC s partnership has expanded. In December 2014 Kautaq set to work on constructing 415 houses on a local reservation. GRIC is comprised of seven districts with a land area just under 600 square miles that lies adjacent to the south of Phoenix. The community is home to members of the Pee-Posh (Maricopa) and Akimel O Otham (Pima) tribes. GRIC is constantly reinvesting and perpetuating funding for its tribal members. It has over 19 enterprises including its own construction company salons and spas telecommunication companies golf courses etc. LAST LOOK Permeating from the Spirit T he priceless beauty of Native art lies within the eyes of the beholder and the energy permeates from the spirit of its creator. The two dolls featured above resonate that thought process implicitly. While making traditional Seminole dolls artist Minnie Tommie-Howard (Bird Clan of the Seminole Tribe of Florida) decided to follow her spirit move outside the box and create two dolls completely of palmetto fiber. She added hair beads and feathers for additional texture to give contrast to the tan-colored fiber. There are only two dolls in existence that embody this look and spirit. They are roughly 36 years old and are warm souls representing their maker. In the early to mid-1900s Seminole dolls were made and sold to generate income for families in an effort to meet their daily needs food clothing and shelter. While making skirts jackets baskets and dolls the Seminole people were involved in economic development long before the term was realized. 66 MAY 2016 www.tribalbusinessjournal.com The Royal Flush of casino marketing. Redline Media Group is a full service creative marketing and advertising agency. Our Team has extensive experience in the development of targeted casino marketing campaigns player activation prospecting and development initiatives. CREATIVE DESIGN DIRECT MAIL IN-ROOM iVIEW VIDEO PRODUCTION MEDIA PLANNING & BUYING STRATEGIC AD PLACEMENT SOCIAL MEDIA 1-855-9-GO2RMG (1-855-946-2764) www.redlinemediagroup.com TRIBAL COMMUNITIES ARE GENERATING SIGNIFICANT REVENUE FROM THEIR FORESTS WITH AMERICA S LEADING DEVELOPER OF FOREST CARBON PROJECTS. Tribal leaders are looking for new ways to provide future generations with a strong economic foundation while preserving tribal values. Many are turning to their forest for answers... By developing a carbon finance program tribes are making a commitment to forest conservation and making money doing it--up to 50 million or more in the first year. Tribes can still harvest their forests every year--as long as it s not more than the annual growth. This new opportunity is largely due to new trends in climate change legislation starting in California with 2 billion available to landowners who practice sustainable forestry and help companies reduce their green-house gas emissions. Unique in the tribal carbon industry Finite Carbon s team includes tribal leaders who understand that each federally recognized Indian tribe is a sovereign nation with its own history customs laws and practices. Finite Carbon respects tribal sovereignty and works with each tribe to help determine whether a carbon finance program is right for their community. Finite Carbon didn t just deliver a successful project. They built a strong relationship with the entire tribal community and took the time to understand our culture and values. For that the Passamaquoddy is proud to call them friends as well as partners. FOREST SUPERVISOR ERNIE NEPTUNE PASSAMAQUODDY TRIBE Finite Carbon is developing 300 million in offsets on over 1.6 million acres of US forest land. From education and evaluation to marketing and sales our team of professional foresters and tribal leaders is Indian Country s premier tribal carbon partner. Connect with the Finite Carbon team to learn more about this exciting new opportunity. Contact Dylan Jenkins at 570.321.9090 or visit us online at www.finitecarbon.com.