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December 2016 7.95 Vernell Chase Taylor How a Strong American Indian Woman Prospered in the Construction Industry THE 21ST-CENTURY VOICE FOR BUSINESS INVESTMENT AND PROFITABLE ECONOMIC DEVELOPMENT OPPORTUNITIES IN INDIAN COUNTRY 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 Protecting the Sustainability of YOUR Sovereign Nation CKP INSURANCE MANAGES RISKS... SO YOU CAN MANAGE EVERYTHING ELSE. SIGN UP BEFORE THE NOV. 15TH DEADLINE Protect Your PRF (Pasture Rangeland Forage) Our trusted risk advisors are trained to help you understand and analyze complicated insurance data so you can make the most informed decision for your tribe. Our goal is to ensure you never purchase unnecessary coverage and pay more than you need. Protect your land and livelihood against potential losses during times of drought. Why now Very affordable Government subsidized Premiums are not due until October 1 No adjusters needed No record-keeping Protects your cash flow Anyone can sell you a policy. 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Contact your CKP Trusted Risk Advisor today. 877-CKP-INS1 (877-257-4671) ckpinsurance.com TABLE OF CONTENTS DECEMBER 2016 VOL.1 NO.10 30 Cover Story 6 Publisher s Letter 8 Editor s Letter 10 Guest Editorial Vernelle Chase Taylor How a Strong American Indian Woman Prospered in the Construction Industry 28 Tribal Gaming National Indian Gaming Association Seeks to Set the Record Straight on Casinos 42 The Marketing Workout How Much Should I Spend on Advertising From Consultation to Consent 13 Tribal Business Ethics The Importance of ROI 32 Entrepreneurial Spirit Profile Native American Women in Games A Perspective from Renee Nejo 44 Tourism Transforming Desert View Connecting Culture to Landscape for Travlers at Grand Canyon 16 Tribalnomics Reefer Madness Sovereignty Hemp & Marijuana in Indian Country 36 Insurance Health Care and Its Two Faces Indian Country be Prepared 46 Organizational Development Check Yourself before You Wreck Yourself 18 Tribalnomics The Impact of the Obama Administration on Indian Country 39 Communications 40 Tribal Gaming Mentoring (For Skills the Schools Don t Teach) 50 In the News 55 Native Scene Ah-Shi-Sle-Pah Wilderness Study Area San Juan County New Mexico. See more tourism sites on Page 16 21 Trade Association Partners National Indian Education Association 35 Million Casino Expansion Underway at Shoshone-Bannock Hotel & Event Center 4 DECEMBER 2016 www.tribalbusinessjournal.com Washington Bureaucrats Turned Their Backs on Indian Country CFPB bureaucrats disregarded our constitutionally-affirmed sovereignty with an ill-conceived proposed rule on short-term lending. They flagrantly violated their statuary obligation to co-regulate with Native American tribal regulators as explicitly mandated under the Dodd-Frank Act. With this action the CFPB believes Native Americans are acceptable collateral damage. Once again we must fight for our sovereign rights. The CFPB turned their backs on you. It is time to take action together. Native Americans across the country are signing the petition to save our sovereign rights. Don t be left out. Take a moment NOW to sign the petition at MyNAFSA.org VOICES NATIVE AMERICAN FINANCIAL SERVICES ASSOCIATION PUBLISHER S LETTER W Publisher Sandy Lechner Greetings friends of the renaissance of economic growth in Indian Country. We wish everyone health happiness and peace throughout the holiday season and for the new year. With warm regards Sandy Lechner Publisher Sandy Lechner may be reached at slechner tribalbusinessjournal.com or 954.377.9691. e hope this note finds everyone healthy happy and peaceful. In the aftermath of the election we are all eager to see what our new president will do if our lives and businesses will be affected and how these affects will impact our lives. If history is an indicator we will all be fine. We will be happy with some changes and we will be frustrated by others. But in the end we will continue to live our lives run our businesses and adapt to whatever circumstances we face. Indian Country has many challenges but also many strengths. A major strength is perseverance. In my view Indian Country needs to stay the course of economic growth self sufficiency and self reliance. There is a need to continue to make effective and positive change toward better thought leadership greater use of human and natural resources and maximizing opportunities to create and grow indigenous economic development on and off the reservations. With 2016 coming to a close and a new year in 2017 Indian Country has a new opportunity to focus on sustainability education health and wellness and progress. Our entire team at Tribal Business Journal is proud and blessed to be part 6 DECEMBER 2016 www.tribalbusinessjournal.com R SCHOLA SH UR IP G OLF TO NA MENT www.tribalbusinessjournal.com DECEMBER 2016 7 EDITOR S LETTER A Editor-in-Chief Levi Rickert (Prairie Band Potawatomi Nation) Season s Greetings s 2016 rapidly comes to an end December is a great time to reflect on events of the past year and begin to plan for the upcoming year. It is a time to build on past successes and properly plan to avoid repeating failures. Last December TBJ was deep in its planning stage to ensure our inaugural issue would be published in March. Our ambitious goal was to publish stories in the various industry sectors that touch Indian Country. We knew economic development in Indian Country went beyond the 30 billion Indian gaming industry. We knew tribal business enterprises included finance tourism Native art construction and several others. Another TBJ goal was to develop a wellproduced publication to tell stories that tribal leaders could read to assist them in growing their tribal economies. We know strong tribal economies strengthen the sovereignty of tribal nations. Our planning paid off and we were able to launch TBJ in March. Since then TBJ has published monthly and received very favorable reviews from tribal officials and other readers from all parts of Indian Country. As the TBJ editor the past year has been rewarding because I have learned about many economic success stories across Indian Country. During the past year I have met or heard from successful American Indian and Alaska Native entrepreneurs who have been willing to share their stories of success and failures. Great stories are the cornerstones of magazines. Traditionally American Indians and Alaska Natives have been great oral storytellers. With the publication of TBJ Indian Country now has a printed means to share stories that can help alter the narrative of economic development in Indian Country. Since its inception TBJ has been fortunate to have plenty of stories to share and we look forward to sharing innovative and informative stories in 2017. December is also a month to gather with family friends tribal communities and business associates to celebrate the holiday season. TBJ wishes you the peace and joy of the holiday season. Seasons Greetings from all of us at TBJ Levi Rickert (Prairie Band Potawatomi Nation) Editor-in-Chief Levi Rickert may be reached at 616.299.7542 or lrickert tribalbusinessjournal.com. 8 DECEMBER 2016 www.tribalbusinessjournal.com is actively seeking to recruit energetic and motivated companies in the following areas of business expertise to facilitate bidding opportunities within the government sector. If your company would like the opportunity to interview with our team please contact Bird Industries. A 100% Native American Woman Owned Company Construction (all areas) Project Site Development Paving Cement Bird Inc. is 8a certified through the SBA 200 N 3rd St. BISMARCK ND. 58501 Value through Innovation Human Cloud Services SUPPORT MANAGEMENT DEVELOPMENT INSIGHTS MARKETING Mobile 940-445-3009 Office 701.751.3094 541 278 8200 www.cayuse.tech 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 DECEMBER 2016 9 Kitcki A. Carroll B GUEST EDITORIAL From Consultation to Consent KITCKI A. CARROLL & LIZ MALERBA eral decisions that impact our citizens and homelands. Over the last eight years federal agencies have been required to develop and implement tribal consultation policies in collaboration with tribal nations. While an improvement over historical practice it requires constant monitoring and strengthening and will always fall short as long as it fails to return to a model that requires consent. Tribal nations continue to experience inconsistencies in consultation policies the violation of consultation policies and mere notification of federal action as opposed to a solicitation of input. Time and again tribal nations have expressed a desire for consultation to be more meaningful. As major failures in the U.S.-Tribal consultation process begin to take the national stage tribal nations are calling for a paradigm shift in the trust relationship including in the consultation process. The U.S. must move beyond an approach that merely checks the box of consultation. It is time for a tribal nation defined model with dual consent as the basis for strong and respectful diplomatic relations between two equally sovereign nations. In the short term we must move beyond the requirement for tribal consultation via executive order to a strengthened model achieved via statute. In the long term we must return to a model of tribal nation consent for federal action as a recognition of sovereign equality and as set out by the principles of the United Nations Declaration on the Rights of Indigenous Peoples. Ultimately Indian Country recognizes that dual consent results in prosperity for both parties and that when abandoned and dishonored one or both nations ultimately lose. The U.S. must join us in this conviction. As the U.S. continues to issue federal Indian policy based on a false premise it is more critical than ever for tribal nations to assert our inherent sovereign authorities and rights in order to provide for the well-being of our people and our lands. No longer can we accept a false narrative and legal fiction that was specifically created by another sovereign to impose its will upon us. Consultation must evolve and return to consent. The current trust model which often works against us must be replaced with a 21st century nation-to-nation relationship model and a genuine commitment to only take action aimed at strengthening this relationship and delivering on the trust responsibility in full. Liz Malerba KITCKI A. CARROLL (CHEYENNE AND ARAPAHO TRIBES OF OKLAHOMA) SERVES AS THE EXECUTIVE DIRECTOR FOR UNITED SOUTH AND EASTERN TRIBES INC. (USET) AND THE USET SOVEREIGNTY PROTECTION FUND (USET SPF) AN INTER-TRIBAL ORGANIZATION REPRESENTING 26 FEDERALLY RECOGNIZED TRIBAL NATIONS FROM TEXAS ACROSS TO FLORIDA AND UP TO MAINE AT THE REGIONAL AND NATIONAL LEVEL. LIZ MALERBA (MOHEGAN TRIBE) IS THE DIRECTOR OF POLICY AND LEGISLATIVE AFFAIRS FOR UNITED SOUTH AND EASTERN TRIBES SOVEREIGNTY PROTECTION FUND. LOCATED IN WASHINGTON DC SHE WORKS WITH CONGRESS AND THE ADMINISTRATION TO ADVANCE A COMPREHENSIVE LEGISLATIVE AND REGULATORY AGENDA ON BEHALF OF MEMBER TRIBAL NATIONS. eginning with the arrival of the colonists who asserted a God-given right to dominance and evolving over time to a position of superior sovereign existence U.S.-Tribal relations continue to be marred by the deeply false narrative that tribal nations are incompetent and unworthy of genuine diplomacy. For centuries tribal nations have been attempting to reverse this false narrative. In its early formative years the United States often took action within our lands only after securing our consent including through treaty-making. As it became more powerful as maintaining strong relations with us became less necessary as greed took over and as the courts laid their legal groundwork through the Marshall trilogy the United States quickly moved from an approach based on consent to an approach based upon the notion of domestic dependency and plenary authority. The United States progressively moved away from the concept of rights-ceded by tribal nations (as was the approach during the formative years of this nation) to a model of rights-granted by the United States to tribal nations. No longer was our consent necessary for the explosion of a capitalistic system. No longer were our rights within our own lands of concern or consequence. No longer were we going to be allowed to interfere with the execution and pursuit of manifest destiny. This is the summation of the deplorable actions taken in the name of progress that is most often missing from U.S. history books but it is part of our story which fuels our efforts to persevere and prosper despite the greatest of challenges. Despite all of this tribal nations remain unified in our efforts to topple these foundational myths as our perseverance and the sophistication of our governments reveal these to be falsehoods. It wasn t until the passage of the Indian Self-Determination and Education Assistance Act in 1974 that the United States began to move away from its centuries-old practice of setting policy that sought to diminish and eradicate our sovereignty via termination and assimilation. While the U.S. has not returned to a practice of seeking the consent of tribal nations the developing tribal consultation process begins to recognize our inherent rights and authorities when it comes to fed- 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 Let Us Help Solve Your Tribal Housing Needs Juel Burnette Manager 1ST Tribal Lending the nation s number one Section 184 lender has the expertise and experience to address that need. 1ST Tribal Lending is the only nationwide lender solely dedicated to Indian Country housing. We provide Tribes TDHE s and Tribal Members with the financing to build or purchase new homes. Tribes and TDHE s can finance up to 20 simultaneous new home builds or acquisitions and there is no pre-determined limit to the total number of homes a tribe can own. Some tribes have hundreds of Section 184 financed homes. Juel Burnette brings an unprecedented level of customer service experience and dedication to serving our Native American population. ALSO rates have dropped again to historically low levels. It is a great time to refinance your existing Section 184 loans. Call 605.610.0106 or Email juel.burnette 1tribal.com CALL TODAY 1st Tribal Lending a dba of Mid America Mortgage Inc. NMLS 150009 (www.nmlsconsumeraccess.org) Arizona Lic BK 091759 licensed by the Department of Business Oversight under the California Residential Mortgage Lending Act Lic 4131103 and Finance Lenders Law Lic 603J732 regulated by the Colorado Division of Real Estate Illinois Residential Mortgage Licensee MB.6850057 Kansas Licensed Mortgage Company MC.0025093 Massachusetts Lic ML150009 Oregon ML-5045 Washington Lic CL-150009. www.tribalbusinessjournal.com DECEMBER 2016 11 PUBLISHER Sandy Lechner slechner tribalbusinessjournal.com EDITOR-IN-CHIEF Levi Rickert lrickert tribalbusinessjournal.com (Prairie Band Potawatomi Nation) COPY EDITOR Kevin Gale Business Development Managers Jessi Lorenzo jlorenzo triaxllc.com Rob Jacobs rjacobs tribalbusinessjournal.com (Lumbee Tuscarora) Writers Lee Allen Kitcki A. Carroll (Cheyenne and Arapaho Tribes of Oklahoma) Rachel Cromer-Howard Janee Doxtator Andrews (Oneida Nation of Wisconsin) Derril Jordan (Mattaponi Tribe of Virginia) Robin LaDue Ph.D. (Cowlitz Indian Tribe) Liz Malerba (Mohegan Tribe) Scott Prichett Randall Slikkers Adolfo Vasquez Monica Whitepigeon (Potawatomi) Rob Weaver (Quapaw Tribe of Oklahoma) Glenn C. Zaring (Cherokee) Don Zillioux Ph.D. Creative CREATIVE DIRECTOR Melanie Smit ART DIRECTOR Frank Papandrea Marketing and Events Jennifer Barb jbarb lmgfl.com Estefania Marin emarin lmgfl.com Administration Circulation Manager Judy Glueck jglueck lmfl.com Accounting Monica Bridgewater-Wilson monica lmgfl.com Chairman Gary Press gpress tribalbusinessjournal.com Directors Devon Cohen Brent McFarland TBJ Magazine 3511 W. COMMERCIAL BLVD. SUITE 200 FORT LAUDERDALE FL 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. 12 DECEMBER 2016 www.tribalbusinessjournal.com TRIBAL BUSINESS ETHICS H The Importance of ROI BY RANDALL SLIKKERS opefully by now you have detected a pattern with my ethics column. By using regular business topics such as strategic planning the bottom line and due diligence you can build a strong ethics infrastructure. This month I want to talk about ROI (return on investment). Last month we learned that applying due diligence to every decision is a good business practice. The same holds true for ROI. But first we must redefine what ROI means. ROI in its simplest form is how much additional revenue was gained by putting in the initial capital. If a casino invests 100 000 in new slot machines how much additional revenue was gained on those machines This is not a one-time measurement. The casino must continue to measure how those machines are doing over their life spans. How soon was the initial investment returned How much was spent on maintenance to keep the machines up and running Did the new machines generate more revenue than the old machines Did the machines keep customers in their seats longer than the old machines All of these metrics factor into the true and complete ROI. It is critical that we use the ROI on all major decisions not just economic ones. We must think of ROI in terms of ethics which causes us to generate a new set of metrics to measure. Of course we will always need to continue to measure the economic return. But if we are to integrate ethics into the culture of our organization we need to look at some other key factors. By generating a set of ethics ROI questions we can apply them measure them report them and evaluate them. Some sample ethics ROI questions What effect will this decision have on our employees How will it affect community goodwill Will this decision put an additional burden on any of our departments If so how are we increasing the capacity of that department Will our customers be impacted in a positive manner Will this decision make things easier or harder for management Are there impacts on the organization that could cause unethical behavior These questions are meant to be a good start but are not all inclusive. The best way to apply ethics ROI is to meet with all of the stakeholders that will be affected by this decision. Ask them what they think are the key ethic ROI questions and measurements. Bringing stakeholders into the decision-making process shows that you are serious about ethics and about how all significant decisions are made. I was consulting recently with an organization that was looking to add another service to its portfolio. It was a public transportation company that was going to begin doing nonemergency medical transportation. It was going to start by taking people to dialysis as this is a very regimented and scheduled procedure. While I was helping the organization determine its ROI we looked well past the cost of the vans the salary of the driver and the need to have an attendant on the van. We looked at how this service would impact the community and came up with a set of metrics such as improvement on missed appointments overall health improvements of the participants a higher rate of efficiency at the dialysis center (resulting in an increase of total number of people served) and improvement in participants mental well-being by not having to worry daily about how they were going to get to their dialysis appointments. We developed a survey that was delivered every 90 days to track these measurements as well as the fiscal ROI. By letting all the employees and stakeholders of your tribal enterprise know that your focus on ROI is far deeper than a fiscal measurement you are sending a strong signal that other factors mean as much to leadership as money. Not only does that promote ethical behavior it signals your focus on your vision investing in the improvement of your entire tribal community. RANDALL SLIKKERS MBA IS THE EXECUTIVE DIRECTOR OF THE CENTER FOR EXCELLENCE IN ASSISTED LIVING (CEAL). www.tribalbusinessjournal.com DECEMBER 2016 13 TBJ ADVISORY BOARD Barry Brandon (Muscogee Creek Nation) Kip Ritchie (Forest County Potawatomi) CEO Greenfire Management Services LLC Vernelle Taylor (Gros Ventre Tribe) Director of Tribal Relations Flintco Constructive Solutions Gary Davis (Cherokee) Roxie Schescke (Rosebud Sioux) President Indian Eyes LLC Heather Dawn Thompson (Cheyenne River Sioux Tribe) Practice Group Attorney Greenberg Traurig LLP Mark Harding (Mashpee Wampanoag Tribe) Owner WampWorx Pamala Silas (Menominee) Executive Director National American Indian Housing Council S.R. Tommie (Seminole Tribe of Florida) President Redline Media Group Dylan Jenkins Vice President of Portfolio Development Finite Carbon Katherine Spilde Ph.D. Chair Sycuan Institute on Tribal Gaming at San Diego State University Robert Weaver (Quapaw Tribe of Oklahoma) President RWI Benefits LLC Robert Joe (Navajo) Chief Operating Officer for the Office of the President and Vice President Navajo Nation APRIL 2016 7.95 Ernie Stevens Jr. (Oneida) Chairman National Indian Gaming Association Karrie Wichtman (Sault Ste. Marie Tribe of Chippewa Indians) Managing Partner Rosette Law 14 DECEMBER 2016 www.tribalbusinessjournal.com Transforming the Navajo Nation Robert Joe UIC DESIGN PLAN BUILD Kautaq Construction Services LLC UIC Construction LLC Rockford Corporation Umiaq LLC Building more than just buildings Regardless of project scale or location leading firms trust UIC Design Plan Build and its subsidiary companies for comprehensive construction solutions. With more than 1 billion in completed projects our experience is as vast as the Alaskan Arctic that we call home. In our business experience is important but success is based on strong partnerships. We work with Tribal groups leveraging the unique strengths of each entity to provide the best quality and value to our customers. From stand alone projects and large-scale residential construction to casinos and commercial construction at UIC Design Plan Build building partnerships is as important as what we re building. www.tribalbusinessjournal.com DECEMBER 2016 15 907.762.0100 uicdpb.com Sovereignty Hemp & Marijuana in Indian Country REEFER MADNESS REEFER MADNESS I PART ONE OF A THREE PART SERIES PART ONE OF A THREE PART SERIES BY ROBIN A. LADUE BY ROBIN A. LADUE n 1936 the Reefer Madness film was made to demonstrate and prove the incredible peril of marijuana. Despite the almost tongue-incheek narrative of the film far too much of the misinformation in the film remains still drives public and legal opinion on marijuana. 16 DECEMBER 2016 www.tribalbusinessjournal.com TRIBALNOMICS While likely only a few people actually believe marijuana is going to destroy the United States a particular madness about cannabis and hemp remains. Indian Country with its supposed doctrine of tribal sovereignty is at the forefront of confusion and changes regarding hemp and marijuana. The notion of reefer madness refers to the idea that the use of marijuana damaged people by causing a lack of ambition lower levels of functioning educational underachievement and criminal activity including rape. This original source of the war on drugs was a political and law enforcement movement that has cost this country billions while targeting and destroying the lives of millions of minorities. The original push against marijuana came when the Volstead Act was passed in 1919 which was the underlying basis later for the 18th Amendment which created Prohibition. William Randolph Hearst a hugely powerful newspaper magnate detested the ethnic people of the United States and resented people around the world who were raising hemp not as a hallucinogenic substance but as a valuable source of materials for building making clothes paper and other items. Hearst used his media to demonize hemp and those who raised it. The reefer madness that swept the United States was completely fabricated and led to the current catastrophic war on drugs. As states such as Washington and Colorado have challenged and changed marijuana laws without attendant catastrophe a push towards changing reefer madness laws is occurring nationwide. Many tribes including the Menominee the Puyallup the Oglala Sioux the Flaundreau Santee Sioux the Navajo the Squaxin and the Suquamish are considering growing hemp and marijuana on tribal lands. The tribes involved with such endeavors have done so under the umbrella of tribal sovereignty the right of tribes to live as they choose under the jurisdiction of the tribal council on their lands. Despite this the federal government has been involved in the destruction of hemp and cannabis crops on sovereign lands. Most notably was the raid by federal authorities on the Menominee reservation. The tribe says the federal agents violated its tribal sovereignty meaning the tribe has the legal right to use its land as it sees fit. Despite this stance the Menominee still have reservations about replanting their crop. Nothing seems as confusing to so many people Native and non-Native alike as the notion and practice of tribal sovereignty. A reading of the concept and implementation of tribal sovereignty indicated the original reason was to establish an equal relationship between the tribes and the United States government. Within months of this doctrine being adopted however it was undermined with the federal government encroaching more and more into the daily life of Native people. There is little consistency as to how the doctrine of sovereignty has been applied from tribe to tribe situation to situation and person to person. This has been vexing not just in laws dealing with violent crimes and their prosecution but in the economically lucrative and useful field of hemp and cannabis cultivation. To date there has not been any success in setting a clear uniform standard for tribal sovereignty. For the purposes of this article the following will be used as the most common understanding of the boundaries of tribal law. This is done with the caveat that as it fits the authorities needs these standards can be changed and modified at any time. Constitutional provisions and subsequent interpretations by the Supreme Court are today often summarized in three principles of U.S. Indian law Territorial Sovereignty Tribal authority on Indian land is organic and is not granted by the states in which American Indian tribal lands are located. Plenary Power Doctrine Congress and not the executive branch has ultimate authority to matters affecting the American Indian tribes. Federal courts give greater deference to Congress on American Indian matters than on other subjects. Trust Relationship The federal government has a duty to protect the tribes implying (courts have found) the necessary legislative and executive authorities to effect that duty. These tenets are open to a broad inter- pretation and an even greater variation in implementation. There were no clear justifications for the feds removing the hemp plants and some legal minds believe the feds well over stepped their boundaries. Clearly this situation needs to be settled soon. In addition to the confusion about the letter and spirit of the laws noted there is also the issue of hemp versus marijuana. There is a significant difference between hemp and cannabis although this important distinction seems to escape the federal and state authorities that have executed raids and destroyed both hemp and marijuana crops. Hemp and marijuana come from the same plant but hemp contains only trace amounts of THC. Hemp is used in making oils topical ointments and food. Its fibers are used to make clothing paper and construction materials. A marijuana plant contains more than 0.3% THC. It is often used for pain relief treating post-traumatic stress disorder and anxiety. While there have long been many anecdotal stories about the efficacy of THC in regards to these problems there have now been some controlled studies to ascertain such benefits from THC. Now comes the question Why aren t tribes exerting their sovereignty and investing in both hemp and cannabis crops When speaking with tribal people there continue to be worries about the feds stepping in and destroying the crops as was done with the Menominee. There has yet to be settled case law affirming full tribal sovereignty to grow cultivate harvest and sell the crop. Given the huge success of legalizing cannabis in Colorado and Washington there is little doubt that the tribes could benefit from such cultivation. The good news is that the tribes are beginning to make plans to address the positive and negatives of such cultivation. Future articles will explore the steps tribes across the country are taking to make the cultivation of hemp and cannabis a part of increasing economic development in Indian Country. ROBIN A. LADUE PHD IS A RETIRED CLINICAL PSYCHOLOGIST WHO IS THE AUTHOR OF THE AWARD WINNING JOURNEY THROUGH THE HEALING CIRCLE AND THE AWARD-WINNING NOVEL TOTEMS OF SEPTEMBER. SHE IS AN ENROLLED MEMBER OF THE COWLITZ TRIBE. www.tribalbusinessjournal.com DECEMBER 2016 17 ART BY PORTEADOR 18 DECEMBER 2016 www.tribalbusinessjournal.com TRIBALNOMICS A The Impact of the Obama Administration on Indian Country BY LEVI RICKERT fter he was elected president in 2008 Barack Obama pledged to honor the government-to-government relationships American Indian tribal nations have with the federal government. During his presidency he kept his word and it can be argued the government-to-government relationships have intensified and improved. One of the first acts President Obama made was to restore tribal consultations. President Bill Clinton had initiated the consultations but the Bush administration rescinded them. The consultations require federal agencies to confer with tribes impacted by a pending policy change. During his first year in office Obama appointed a senior policy adviser for Native American Affairs and held the first White House Tribal Nations conference. Each American Indian tribe could send one representative. In the subsequent years seven consecutive White House tribal conferences were held. The president closed each tribal conference with an address. www.tribalbusinessjournal.com DECEMBER 2016 19 ART BY FRANK PAPANDREA TRIBALNOMICS The White House tribal nations conferences were unprecedented. No other U.S. president has hosted eight consecutive tribal nations conferences where tribal representatives met with administration leaders to discuss and develop government-togovernment relationships. Emerging from the Obama s administration s commitment to Indian County was the establishment of the White House Council on Native American Affairs which set in place the policy of the United States to promote the development of prosperous and resilient tribal communities. Included in this policy was the goal to promote sustainable economic development particularly energy transportation housing other infrastructure entrepreneurial and workforce development to drive future economic growth and security. Economic growth and security is what will allow tribal nations to sustain themselves. The Obama administration understood the need to improve the efficiency of federal programs and to increase resources for Indian Country. INDIAN COUNTRY VISITS To understand firsthand Indian Country s needs priorities successes and desires President Obama visited the Standing Rock Indian Reservation the Choctaw Nation in Oklahoma and Alaska Native villages at Dillingham and Kotzebue. Additionally Obama required his Cabinet secretaries to visit Indian Country. Visiting Indian reservations are eye-opening experiences where living conditions in some cases are similar to third-world countries. Such was the case for Housing and Urban Development (HUD) Secretary Juli n Castro when he visited Pine Ridge Indian Reservation in October 2014. Castro recounts how he saw 13 people living in a two-bedroom home. Half of them were children living among crumbling bricks and tangled electrical wires. Going to the Pine Ridge Indian Reservation was the single-most poignant moment since I became secretary of HUD Castro says. He said he left Pine Ridge knowing he had to work harder to improve lives of American Indians. LINGERING SETTLEMENT ISSUES Shortly after becoming president Obama discovered numerous pending lawsuits by tribes or tribal entities against the federal government. Some of the lawsuits were decades old and Obama wanted to rectify the ills of the past. He instructed his Cabinet to work on settlements with tribal nations and to get required Congressional approval. The efforts resulted in the following settlements 20 DECEMBER 2016 www.tribalbusinessjournal.com Cobell Settlement and Land Buy Back Program ( 3.4 billion) Keepseagle Settlement ( 780 million) Ramah v. Jewell Contract Support Settlement ( 940 million) Tribal Trust Settlement (over 1.7 billion) Water settlements involving nine tribes ( 2 billion). The 9 billion impact of the settlements was used to stimulate and improve economic development in Indian Country. The Cobell Settlement and other land consolidation efforts resulted in the equivalent of 1.5 million acres being restored to tribal governments. These consolidation efforts allow better utilization of tribal lands for economic development more leasing and additional housing opportunities which increased tribal income. ECONOMIC DEVELOPMENT BARRIERS REMOVED As the government-to-government relationships improved tribal leaders emphasized the need to remove barriers to economic development in Indian Country. Federal regulations were often outdated and caused long delays in results. The Obama administration acted to Implement new leasing regulations and permanent improvements Include tribes in the Recovery Act Pass the HEARTH Act leasing under tribal regulations Fully support contract support costs Finalize the rule for taking land into trust for federally recognized tribe in Alaska Publish the Department of the Interior final rule on rights of way on tribal lands The impact of removing the barriers will last decades for American Indians and Alaska Natives. While not all Indian Country problems have been eliminated by the Obama administration the Obama presidency will be viewed by American Indian and Alaska Native leaders as an era of unprecedented attention given to Indian Country by the federal government. In his closing remarks in late September before tribal leaders at the White House Tribal Nations Conference in Washington D.C. Obama told the enthusiastic crowd he would see them on the other side. It was his last tribal nations conference of his presidency. On the other side after Jan. 20 President Obama will become citizen Obama and Indian Country hopes for continued progress in the Trump administration. TRADE ASSOCIATION PARTNERS NATIONAL INDIAN EDUCATION ASSOCIATION F Indian education rooted in Indian sovereignty BY JANEE DOXTATOR-ANDREWS rom the early days of mission schools Indian education has been faced with unprecedented challenges. Cultural assimilation at the Carlisle Indian Industrial School and other boarding schools and forced labor at government-run Indian schools came under scrutiny in the 1920s for poor conditions and quality of education. It was not until the era of self-determination in the 1960s that we saw the first Indian run school and eventually the first tribal college. In 1969 a U.S. Senate subcommittee released Indian Education A National Tragedy A National Challenge. That same year Indian Country held the first Convocation of American Indian Scholars meeting stressing the need for continued dialogue on Indian education. Indian educators and tribal leadership longed for a forum to share discuss and learn about ideas relevant to their tribal communities. By the following summer founding members incorporated the National Indian Education Association (NIEA) with a 12-member board. NIEA is working diligently to be a resource for educators both Native and non-Native who teach Native students. By providing the resources and training necessary to educators we can help secure the success of our students said NIEA Executive Director Ahniwake Rose. Guiding the NIEA are its principles to convene educators to explore ways of improving schools and the educational systems serving Native children. Ready to find solutions to improve the education system for Native children the NIEA s Annual Convention and Tradeshow was established to mark the beginning of a national forum for sharing and developing ideas and influencing federal policy. For the past 47 years the convention and tradeshow has been bringing together Native educators students and advocates focused on improving the academic achievement of Native students. It provides participants the opportunity to partake in workshops and seminars focusing on advancing educational programs for Native students. The tradeshow includes Native art vendors National Indian from across the country colEducation Association lege and career opportuni1514 P St. NW Suite B ties education resources and Washington DC 20005 opportunities to network. Ahniwake Rose This unique opportuni1969 ty for educators advocates To advance comprehensive and tribal leaders to share culture-based educational successful teaching strateopportunities for American gies and seek solutions for Indians Alaska Natives and challenges faced in school Native Hawaiians. systems is the only national 48th Annual Convention & forum in the U.S. that ofTrade Show October 4 -7 2017 fers a meaningful space for in Orlando Native education stakeholders and NIEA membership. The NIEA fulfills its mission with programs such as World Cafes where education advocates families students and leadership gather regionally to share traditional and academic practices affecting Indian education or Head to the Hill which allows education advocates to meet with congressional staff and collaborate with colleagues regarding Indian education issues. First Kids First is another NIEA programs that ensures Native children have the resources they need to become successful and to develop to their full potential. Currently the nonprofit is working to increase the number of resources in its Culture Resource Repository which is a curriculum that helps ensure culture is embedded in classrooms. By supporting the development of culture-based education curriculum and providing professional learning opportunities for Native and non-Native educators the NIEA can help teachers and students be successful. The NIEA believes the future of Indian education is rooted in tribal sovereignty and that we must support tribes in securing control of the education of their citizens. Executive Director Rose proclaimed Ensuring tribes have the information needed to engage in meaningful consultation with tribes is our top priority. By having a say in the standards that are set at the state level tribes can work towards having more control over their own education systems. JANEE DOXTATOR-ANDREWS IS AN ENROLLED MEMBER OF THE ONEIDA NATION OF WISCONSIN. SHE IS THE OWNER OF DOXTATOR MARKETING & COMMUNICATIONS HELPING YOU TELL YOUR STORY YOUR WAY. SHE CAN BE REACHED AT JANEE DOXTATORMARKETING.COM. Art by Dejan Bozic The Facts Organization Address Executive Director Established Mission Convention www.tribalbusinessjournal.com DECEMBER 2016 21 22 DECEMBER 2016 www.tribalbusinessjournal.com How a Strong American Indian Woman Prospered in the Construction Industry BY LEVI RICKERT hat began as a summer internship turned into a career in the construction industry for Vernell Chase Taylor (Gros-Ventre and Assiniboine Mandan tribes). Taylor serves as the director of tribal relations for Flintco a construction company that is licensed in 38 states. As a professional woman working in what is typically a man s industry Taylor says she still has to prove herself among her peers. Born and raised on the Fort Belknap Indian Reservation I am fortunate to have had many strong woman leaders who Vernell Chase Taylor continually walked through industry gender barriers while leading their families by example. In the construction industry I still qualify myself when it comes to whether I can do the job Taylor says. After all these years I have mastered the art. When working on construction projects I use the team approach because it is important to get the buy-in from all. W VERNELL CHASE TAYLOR COVER STORY www.tribalbusinessjournal.com DECEMBER 2016 23 FLINTCO PROJECTS Hard Rock Hotel & Casino Catoosa OK FEDEX Institute of Technology FEDEX Institute of Technology One of the strong women in her life is her mother Margaret Campbell who previously served as tribal college president of Fort Belknap (now Aaniiih Nakoda College) on the Fort Belknap Indian Reservation for more than a decade. During an interview Taylor reflected on the inspiration she gets from her mother who obtained her doctoral degree in education after Taylor s brother died after an accident. It was her mother s way to cope with the loss. After attending college on a rodeo scholarship Taylor worked as an intern during the summers in the Fort Belknap tribal construction company. After she completed college Taylor became employed full-time with Flintco as a construction project coordinator. It was a time of growth on the reservation. During the next 15 years Taylor participated in the building of several Indian health and school projects. My experience of building larger projects allows others in the construction industry to see I have been where they have been says Taylor. Her long and successful career in the 24 DECEMBER 2016 www.tribalbusinessjournal.com construction industry has not gone unnoticed. Recently she was named chairwoman of the American Indian Chamber of Commerce of New Mexico based in Albuquerque. As chairwoman Taylor works hard to help American Indian business entrepreneurs achieve greater success. As director of tribal relations for Flintco she has been able to assist in securing contracts to perform government work associated with some of the American Indian water settlements initiated by the Obama administration and Congress. I have enjoyed working on the water distribution projects which will bring water and sewer to many in Indian Country who have not had it before. We have worked hard with tribal federal state and local governments comments Taylor. Sometimes the projects appear to be moving slow but it is good that they are now moving. Taylor provided more insights in an interview with Tribal Business Journal Tell us about your role as director of tribal relations for Flintco The role cultivates knowledge and respect for the individuality of our clients and the sovereign laws of Indian Country within our firm. As our industry grows more technical and our tribal clients become more specific in their project requirements my role becomes more challenging and relevant. I begin planning and setting goals for our tribal projects before the project is awarded from business development to coordination with the team during preconstruction to implementation of the owners requirements all the way through construction until after we hand over the keys. In addition I implement Flintco s Native American Initiative and our Growth Opportunity and Utilization Policy. In short a project-specific program is created so that our teams have guidelines on incorporating a tribal entity s citizens in the project. This includes offering Native American collegiate and business scholarships job and skills training small business inclusion recruitment and internships. It is my job to develop relationships that COVER STORY MY PASSION IS TO SUPPORT AND UTILIZE OUR TRIBAL BUSINESSES AND TO OPTIMIZE TRIBAL MANPOWER AND RESOURCES. VERNELL CHASE TAYLOR Memphis Air Traffic Control Tower Oklahoma Heart Institute position Flintco as a resource for project development and construction in Indian Country. My passion is to support and utilize our tribal businesses and to optimize tribal man-power and resources. I am so proud of the commitment my company has made to support Native American projects and entities. Flintco does not shy away from being a mentor to smaller companies providing them with the experience and skills needed to position for long-term growth. You were recently named chairwoman for the American Indian Chamber of Commerce of New Mexico earlier this year. Please explain your duties and responsibilities. I am so fortunate and humbled to be the chairwoman for the AICC-NM board of directors. As chairwoman I lead an experienced board that is made of minority business owners and tribal business leaders. The chamber staff develops and assists in the growth of Indian- and minority-owned businesses. It is our the board and the chamber s goal to utilize our diverse and vast business experience to support the AICC-NM staff to establish relationships that will bring contracting and business opportunities to chamber members. By assisting these businesses to receive their certifications they are at the forefront of contracting opportunities through tribal federal and the state municipalities. What attracted you to business I had no plan to go into construction but an opportunity came after I returned home after graduation. I had worked with my tribe s Tribal Construction Weatherization and Water Sewer Department on college breaks and summers. In the summer of 1994 Flintco was awarded two Indian health projects at Fort Belknap and my colleagues encouraged me to apply for a position. So began my career in construction as a project coordinator. I fell in love with the industry. All around us things are going up and coming down. It s a thrill to be a part of this industry. It makes me proud to build stateof-the-art facilities in Indian Country for Indian Country. My biggest motivator is supporting and providing contracting and employment opportunities to Indian-owned businesses and tribal members. That s what I find most rewarding. I grew up watching small business and entrepreneurs ranchers farmers artists tradesman consultants and individuals who had full-time jobs and full-time families. Hard work and dedication is something that I ve always known thanks to my parents my grandparents and mentors. My sisters and I had a cleaning business in the summers. We were 12 11 and 9. Once I was 14 I went to work at Scud Busters Fireworks. I ve been fortunate to have so many strong women and leaders invest in me. I watched my mother and father in their tireless efforts to support our women community and youth. That what drives me to give back and invest in other tribal communities. As a young Native woman growing up what obstacles did you have to overcome What were your motivators to staying positive My mother and father were my biggest www.tribalbusinessjournal.com DECEMBER 2016 25 COVER STORY Central New Mexico Community College L Building UNM Cancer Center motivators. Any obstacle that I overcame my mother overcame first. She was courageous and focused on goals for her family and her community. My mother became a widow at age 20 after the sudden death of my father while she was pregnant with me. She withstood so much adversity but she never faltered. My mom went on to marry my stepfather whom I consider my father and am fortunate to have in my life. They were my positive motivators. They taught me and my sisters to work hard set goals keep learning and most importantly be grateful. They taught us that we were not owed anything and that no one could take away our work ethics and education. I like many individuals grew up with the issues that plague reservation life but we had adults that loved us and encouraged us to stand tall and overcome whatever came our way. What were some of your failures and how did you overcome them Two of the best pieces of advice given to me were choose your battles well nobody wants to deal with a battle axe 26 DECEMBER 2016 www.tribalbusinessjournal.com and sometimes it is better to think it than to say it. Believe me I learned this the hard way. The key is to learn from your failures make them a lesson and not a mistake and to not dwell on them. The mistakes I ve made along the way have shaped and formed me into who I am today and I m still learning Any decision has the potential for positive and negative consequences. I always try to prepare for the times when the result is not what I desired. What advice do you have for American Indian business owners who want to do business in the construction industry Do what you do and do it well. Never stop learning and remember that every opportunity is your chance to position yourself for your next contract. Most importantly use the resources around you. We have many organizations and individuals that are willing to assist and mentor motivated individuals. Do not try to do it all yourself. Keep your sense of humor and have fun How can American Indian business owners overcome obstacles they may face Admit when you make a mistake. This is hard for any business not just tribal. But I have found when businesses own their mistakes it is a strength not a weakness and resolutions usually come much faster. Use the resources available to you as an American Indian business owner. There are Native American business enterprises centers and procurement technical assistance centers or like services in all regions of Indian Country. Contact your local American Indian Chamber of Commerce to identify these resources. Believe in yourself and support your employees they are the backbone of any operation. What advice do you live by The advice I live by is to live life to the fullest and to laugh as much as possible. Remain true to myself take advantage of every opportunity that comes my way and most importantly to remember that my children only grow up once. YOUR SUCCESS BEGINS AND ENDS WITH Looking for an ACH Solution that is flexible and affordable Extended Processing Hours Advanced Compliance Monitoring Integrated with Leading Software Providers Affordable Pricing Streamline your application process with ID CONNECT to automatically complete your customer s application in seconds while ensuring a safe and seamless customer experience. Leverage billions of unique records to evaluate your customer and reduce your exposure to fraud with IDENTITY VERIFICATION. 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Featherly Partner Anchorage AK 907.263.6300 Copyright 2016 Holland & Knight LLP All Rights Reserved www.tribalbusinessjournal.com DECEMBER 2016 27 28 DECEMBER 2016 www.tribalbusinessjournal.com TRIBAL GAMING Set the Record Straight About Casinos BY LEVI RICKERT National Indian Gaming Association Seeks to eeking to set the record straight about American Indian casinos the National Indian Gaming Association (NIGA) sent a letter to CBS to refute best-selling author John Grisham s alleged research of Indian gaming for the backdrop of his newest novel The Whistler. www.tribalbusinessjournal.com DECEMBER 2016 29 TRIBAL GAMING STEVENS SAYS GRISHAM IS WRONG RECKLESSLY AND INEXCUSABLY SO. NIGA s Chairman Ernie Stevens Jr. sent a letter to CBS Chairman and CEO Leslie Moonves after Grisham whose books have sold more than 300 million copies appeared on the CBS This Morning show in late October for an interview touting The Whistler. During the interview Grisham told the CBS Morning Team that Indian casinos print their own money have no oversight are unregulated and pay no taxes. He concluded his statement by saying Indian casinos are a perfect storm for corruption. Of course Grisham was there to promote and to ultimately sell more copies of The Whistler. On the other hand Stevens being NIGA s chief spokesman feels a responsibility for accuracy when it comes to Indian casinos. In his 2 100-word letter Stevens says Grisham is wrong recklessly and inexcusably so. Even though The Whistler is a book of fiction Stevens worries readers will not be able to separate truth from fantasy. During the interview Grisham indicates he got inside an Indian casino for his research. He did not disclose which one. Stevens maintains the book potentially will taint and smear the reputation of the entire Indian gaming industry which has during the past three decades has produced an unprecedented boost to economic development in Indian Country. Indian gaming is a 30 billion industry that represents 45 percent of all casino revenue annually in the United States. Further Indian casinos provide hundreds of thousands of American families with jobs and benefits. INDIAN CASINOS DON T PRINT MONEY Stevens says Grisham is completely wrong about Indian casinos printing money. Tribes work closely with the U.S. Attorney offices near Indian Country and the FBI to investigate and prosecute anyone who would cheat embezzle or defraud an Indian gaming facility this applies to management employees and patrons. Tribal regulators also work with the IRS to ensure federal tax compliance and the Financial Crimes Enforcement Network (FinCEN) to prevent money laundering. Tribes work with the Secret Service to prevent counterfeiting. Congress authorization of the Bureau of Engraving and Printing the exclusive authority to print U.S. currency in 1874 remains the law to this day. INDIAN GAMING REGULATION According to Stevens Grisham ignores the Indian Gaming Regulatory Act of 1988 which established the National Indian 30 DECEMBER 2016 www.tribalbusinessjournal.com Gaming Commission the only federal agency to regulate gaming in the United States. The commission mandates significant tribal and state government regulation. In addition several federal agencies including the Justice Department Department of the Interior the FBI the Secret Service and IRS established the Federal Indian Gaming Working Group to safeguard Indian gaming. Because of such strong regulatory oversight the Department of Justice and FBI have repeatedly there is no systemic organized crime infiltration of Indian gaming. In 2015 tribal governments spent 426.4 million on tribal state and federal regulation including 320.2 million to fund independent tribal government gaming regulatory agencies 85.6 million to reimburse states for state regulatory activities negotiated and agreed to pursuant to approved tribal-state class III gaming compacts and 20.6 million to fully fund the operations and activities of the National Indian Gaming Commission. This funding employs over 6 500 tribal state and federal regulators working together to maintain the integrity of Indian gaming. TAXATION MYTH Grisham also says Indian casinos don t pay taxes. Just as states don t pay taxes to the federal government as sovereign nations American Indian tribes don t pay taxes to the U.S. Treasury. The Indian Gaming Regulatory Act mandates tribal governments to use 100 percent of tribal government gaming revenues to promote the general welfare of reservation residents in the form of funding tribal government programs and services and other charitable purposes. This sets tribal government gaming apart from commercial gaming operations such as Las Vegas and Atlantic City casinos and commercial gaming that profits shareholders. Tribal gaming revenues fund tribal governments and tribal government programs services and activities. In many instances Indian gaming profits have vastly improved infrastructure of Indian reservations such as improving housing health facilities and roads. While Indian casinos are not taxed by the federal government the hundreds of thousands employed by Indian casinos are subject to federal and state income taxes which translates into billions of dollars. Setting the record straight on the realities of Indian gaming is important to Stevens because he realizes that left unchecked non-Natives believe things they read in books even when they are fiction. MARCH 2016 7.95 APRIL 2016 7.95 MAY 2016 7.95 JUNE 2016 7.95 JUL Y 201 6 7.9 5 THE 21S 201 6 7. 95 T-CENTURY VOICE FO R BUSINES S INVESTM Au gu st ENT AND PROFITABL E ECONOM te Sep m ber 201 6 7 .9 5 THE 21ST-CENTURY VOICE FOR BUSINES S INVESTMENT AND PROFITABLE Transforming the Navajo ECONOMIC DEVE LOPMENT OPPORT UNITIES IN INDI Robert Joe Nation AN COUNTRY IC DEVELO Gary Davis PMENT OP PORTUNITI Tr think Be ibal Leaders yond Gam ing ES IN IND IAN COUN TRY O c to ber 201 6 7 .9 5 Nov emb 016 er 2 5 7 .9 THE 21ST-CENTURY VOICE FOR BUSINESS INVESTMENT AND PROFITABLE ECONOMIC DEVELOPMENT OPPORTUNITIES IN INDIAN ENTU THE 21ST-C FOR RY VOICE BUSINESS INVESTMEN T AND PROF ITABL December 2016 7.95 USINES FOR B S INVE ST AN MENT 21S THE T- URY CENT VOICE THE -CEN 21ST TURY e d th g ehin in an B n Gam Y UNTR eM dia Th N CO 21STof In INDIA THE S IN ace F NITIE ORTU PP s NT O PME logie VELO chno tinues IC DE e Te n NOM ayus owth Co E ECO L C ITAB r Gr PROF Y AND unt fo UNTR ENT N CO STM the H INVE INDIA Old ESS IES IN SIN cade R BU TUNIT POR E FO A De T OP VOIC URY CENT E VOIC FOR BUSIN ESS IN ME VEST NT A ND P en r. evda s J et ErniRoSsen wer ippento Sh AB ROFIT ON LE EC OMIC DEVE LOPM ENT O FITA D PRO BLE EC e Schesck Roxie IC DEVE E ECONOM LOPMENT ENTou e ELOPM r Y IC DEV tev ONOM Wha e N to ntITIE ORTU OPPWa ITIES IN IN a Ko with Dice g the Rollin S.R. Tommie y Treppa Sherr n evin Brow K The Wings of Success COUNTRY e Lending n of Onlin Champio COUNTRY IAN ITIES IN INDino s OPPORTUN rean Ca DIAN TRY Be S IN IN COUN TRY B DIAN COUN TUN PPOR THE 21ST- CENT URY VOIC BU E FOR SS IN SINE VEST MENT AND ITA PROF aver obert We R BLE E CONO MIC D EVELO PMEN h Healt Have Have Don t e If We lse Do W E What RY UNITIE DIAN C S IN IN OUNT THE ENTU 21ST-C ICE RY VO USINES FOR B S INVE STM OFI ND PR ENT A ECO TABLE NOMIC OPM DEVEL PPORT ENT O It Starts Here www.tribalbusinessjournal.com DECEMBER 2016 31 Vernell Chase Taylor How a StrongAmerican Indian Woman Prospered in the Construction Industry THE 21ST-CENTURY VOICE FOR BUSINESS INVESTMENT AND PROFITABLE ECONOMIC DEVELOPMENT OPPORTUNITIES IN INDIAN COUNTRY 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 A Perspective from Renee Nejo BY MONICA WHITEPIGEON the Kanien keh ka Onkwaw n na Raotiti hkwa Language and Cultural Center worked on the Native themes and language used in Assassin s Creed III. Another example the Cook Inlet Tribal Council and Upper One Games developed Kisima Initchua ( Never Alone ) which incorporated cultural references language recordings of elders and Alaska Native designs into a beautiful and memorable puzzle platame art and design have a strong presence in pop culture that can be easily accessible and offer versatility to reach an array of age gender and cultural groups. Some tribes are beginning to utilize this medium especially when it comes to appealing to youths or a wider audience. For instance Ubisoft and G Screen shot of portrait NATIVE WOMEN IN GAMES 32 DECEMBER 2016 www.tribalbusinessjournal.com ENTREPRENEURIAL SPIRIT PROFILE www.tribalbusinessjournal.com DECEMBER 2016 33 Renee hard at work former game with a young female lead. The game industry still has a male-dominated association however female gamers and game designers are on the rise. As of 2010 the Entertainment Software Association found that 48 percent of the average 31-year-old American gamers are women. This may be attributed to the popularity of free online and mobile games like Candy Crush and Plants vs Zombies. A survey by the International Game Developers Association (IGDA) found that the number of women working in the industry has doubled over the past seven years. Women have always liked gaming said video game designer and writer Renee Nejo (Mesa Grande Band of Mission Indians). Growing up with other kids boys and girls everyone pretty arships to young women to attend the Game Developer s Conference. much agreed games are awesome. Progress has been made but there is Over the last six years Nejo has been making games remotely from her Colo- still a long way to go in obtaining fair rado-based office. She graduated with a cultural representation and marketing game art and design degree from the Art practices in games especially when it Institute of Phoenix in 2011 and later comes to Natives and women. In 2015 The Guardian cited Juliet relocated to Denver. She does however remain an adamant participant in the Kahn s No girl wins three ways women Mesa Grande reservation voting affairs unlearn their love of video games article wherein she postulates marginalization in California. In many ways I hope to give back and marketing through sex violence and in more substantial ways. Maybe sitting competition attracts more young men and discourages young women on a business committee from the gaming industry. or try working with tribal If this is the case then the leaders to expose the kids to MONICA WHITEPIGEON most ideal solution would be technology and knowledge (POTAWATOMI) to have more minorities and said Nejo. For the past three IS A RESEARCHER more women be a part of the years she has volunteered FOR UPWORTHY game development process with an IGDA Foundation AND IS A REGULAR and introduce their perspecprogram that gives schol- CONTRIBUTOR TO TBJ. 34 DECEMBER 2016 www.tribalbusinessjournal.com ENTREPRENEURIAL SPIRIT PROFILE I COME FROM RESILIENT PEOPLE. IF I M TOLD I CAN T DO SOMETHING I WILL WORK HARDER JUST TO DO IT. IT S PART OF MY NATURE RENEE NEJO tives to storylines and advertisements. Nejo too has had to overcome prejudices about her gender and cultural background while pursuing her career and is taking an even further step toward game reform. I come from resilient people. If I m told I can t do something I will work harder just to do it. It s part of my nature she explained. This gets really uncomfortable when the reality surfaces that non-Native storytellers have a history of caring more about Native art and culture than they do the actual people. The conversation of appropriation versus appreciation has always been a heated one but it needs to happen. My advice is to always go the people. If you are going include their culture and ancestors in your story you should be able to include them in the making of it. An equally important topic Nejo aims to address is in her in-development real-time strategy (RTS) game entitled Blood Quantum. This is an issue amongst Indian Country but nonetheless it is a necessary conversation that affects thousands of Natives every day. Natives are issued identification cards or numbers from state or federally recognized tribes which are based upon an individual s percentage of Native blood. The game is a top down perspective that incorporates tower defense elements using the Unity game engine. I m trying to tell a truth through this medium that is a very uncomfortable topic for me to even think about let alone discuss said Nejo. I don t think the game will have an opinion on whether or not it should be or be changed or even exist. It is however a telling of it s existence and what it is to me. A demo of the game was scheduled to be featured at the inaugural 2016 Indigenous Comic Con in November in Albuquerque New Mexico. Art of Blood Quantum concept art Nawadiniwe concept art www.tribalbusinessjournal.com DECEMBER 2016 35 36 DECEMBER 2016 www.tribalbusinessjournal.com INSURANCE HEALTH CARE AND ITS TWO FACES Indian Country Be Prepared BY ROBERT WEAVER ith all the hype coming from nearly every news source about how many people are now covered under the Affordable Care Act (ACA) it sure does not feel that way to so many of us in Indian Country. www.tribalbusinessjournal.com DECEMBER 2016 37 ILLUSTRATION BY LIGHTWISE INSURANCE INDIAN COUNTRY HAS SO MANY GREAT HUMAN RESOURCE PROFESSIONALS AND WE NEED TO WORK AS A TEAM TO MAKE THE PAINS OF THIS PROCESS BOTH IN TIME AND PENALTIES TO A MINIMUM. Many states are having premium increases to a level that is unprecedented. The more difficult thing to face is that insurance companies in many states are removing themselves from the ACA Marketplaces. So basically we have less choice. Less choice means less access to quality healthcare. 2017 will be a year of more items that will need to be addressed by tribes nations and Native Americans as individuals in many cases. So how do we prepare I hope to give you a short synopsis of what I would recommend. This is not all-inclusive but it s certainly a good start. Elected tribal Leaders This process needs to start with you Health care costs are usually the second highest cost to your enterprises. The ACA also is a federal act so The Indian Gaming Regulatory Act (IGRA) requires that most federal acts are followed by your tribe nation or corporation for Alaska Natives if you are a gaming tribe or thinking of becoming one. This is definitely not an issue where one can use the management tool of too much delegation. The costs are just too much on this issue. More federal agencies can use this act and several others to do audits than I have space for in this article. Tribal and enterprise management (human resources general managers tribal administrators) It has never been more important that you make sure you are doing self-audits on the ACA as well as many others acts of Congress that may affect you in the area of health insurance employee benefits of all types. This includes the Department of Labor Regulations as well as the Health Insurance Portability and Accountability Act (HIPAA). These are just a taste of the agencies and laws that may already have you as a target. If you do not find anything in your self-audits then great. If you do make a policy to fix the issue document it well and 38 DECEMBER 2016 www.tribalbusinessjournal.com notify your legal department of any findings you have just in case they have an issue that arises.. Having fixed a problem before a case happens can be a very good defense especially when well-documented. I plan to do a short article each month on different items that affect Indian Country in health care as well as the money-side of healthcare. That is why this article is called Healthcare and Its Two Faces. Both of these things need to be looked at when choosing plans and consultants. You can never be prepared enough on these issues. Many consultants and some insurance plans file these automatically for you depending on the number of FTE s you may have as well as the policy of the consultant or company. My advice is to stay in close contact with your consultants and make sure this is being done. Indian Country has so many great human resource professionals and we need to work as a team to make the pains of this process both in time and penalties to a minimum. This article is not to be construed as official legal advice. SHORT TO DO LIST (highlights only) Due Feb 28 Forms 1094-B 1095-B 1094-C and 1095-C due to IRS if filing on paper Due March 31 Forms due if filing electronically Due July 31 Forms 1095-C due to Employees ROBERT WEAVER IS THE OWNER AND OPERATOR OF RWI BENEFITS. FOR MORE INFORMATION YOU MAY CONTACT ROBERT WEAVER DIRECTLY AT RWEAVER RWIBENEFITS.COM. COMMUNICATIONS B Mentoring (For Skills the Schools Don t Teach) BY GLENN C. ZARING eing effective and able to contribute to a business especially as a tribal citizen at a tribal business is a very important goal and one that we should keep foremost in our planning. Being on the job is more than just doing your individual duties it is being part of a successful whole that creates value The question however is how does a tribal member or anyone else for that matter gain the skill sets and knowledge necessary to contribute to a tribe s business Does it come through a piece of paper from the state college the community college or through an online degree Sadly the answer is No not really Or should we say No not always or not completely The degrees hopefully hone basic skills sets and expose students to information that should help them in life. Unfortunately many of colleges are not teaching critical thinking skills and reasoning abilities so that this knowledge can be used effectively. Some institutions of higher learning are telling students not to question what the professor tells them. Just trust what you are being told is the truth That s like telling us that John Wayne movies depicted real tribal life Don t even get started on that Think back on how many of us learned to hunt. For me it was tagging along with my grandfather in the beautiful woods of south central Missouri. He took me back along the cricks that s creeks to northerners and walked among the tall old oak trees. He pointed out items like discarded acorn shells and we looked for bushy tails in the leaves. We didn t have text books to read about hunting. There were no YouTube videos and there were no classes at school to learn about tracking and all that. My grandfather taught me right there in the woods. He mentored me to use a more modern term. To me he was a respected and beloved elder who gently shared his knowledge with a young boy eager to learn. Tribally and culturally we need to pay more attention to passing on the proper effective skills that our nations and people need to sustain their lives and their communities. We need to mentor them in business. What does that mean realistically As an example let s say that your tribe or community wants to open a manufacturing plant to make something. You can probably find grants or funds to build the building and buy the equipment but how do you train your people to actually run the operation If you can have them find work in a similar plant. If jobs aren t available there look for mentoring opportunities within these same plants. Actually go to the management and explain that you are opening a tribal manufacturing facility in a similar business and that you want your people to learn how to do the job right (It never hurts to stroke their ego a bit ) Keep the request for mentoring at low cost to the company. Even if the tribe has to pay the tribal members a small salary during the mentoring program it will be worth it to obtain the knowledge. The company by the way will probably hop on the opportunity to train because it will be good public relations. In your planning make sure that your business would not compete but possibly augment support the company by providing parts or services that could reduce its costs. This will take some planning on your part but it will almost guarantee that the company will support what you want to do. (We ll discuss this type of planning in a future article.) This same approach can work with just about any business that your tribe wants to open. If it s a radio station have the company mentor broadcast engineers radio sales staff and on-air talent. If your business is a tribal-owned restaurant then make sure and have your people spend some time with mentors in specific jobs such as advertising marketing and business management for restaurants. (I say this with apologies to the many waiters and waitresses out there because you are looking to develop management personnel). Look beyond the degrees and what the schools generally teach. Go directly to the businesses that are doing well and learn how they do it through mentoring. Learn what actually works in the real world and then your tribal citizens can apply the skill sets to your own GLENN C. ZARING (CHEROKEE) business. IS THE FORMER PUBLIC AFFAIRS This will greatDIRECTOR OF THE LITTLE RIVER ly improve your BAND OF OTTAWA INDIANS BASED IN chances of sucMANISTEE MICHIGAN AND OWNER cess now and into OF TRIBAL PUBLIC AFFAIRS ADVISOR the next genera(TPA2). HE MAY BE REACHED AT tions. PUBLICAFFAIRSADVISOR GMAIL.COM. www.tribalbusinessjournal.com DECEMBER 2016 39 TRIBAL GAMING T Groundbreaking for the project 35 Million Casino Expansion Underway at Shoshone-Bannock Hotel & Event Center BY LEVI RICKERT Ormond Builders as the general contractor. One deciding factor to select Ormond Builders located in Idaho Falls Idaho is the Shoshone-Bannock Tribes seek to promote business opportunities for eastern Idaho employers. Tribal officials say the construction will bring an average of 90 jobs during the construction period. When completed the new casino hotel and event center will be the premier entertainment destination in the heart of the Pacific Northwest. The Fort Hall Casino is 10 miles north of Pocatello Idaho on Interstate 15 and only two and a half hours away from the west entrance to Yellowstone National Park. The estimated completion of Phase II is March 2018. he Fort Hall Business Council hosted a groundbreaking ceremony on October 17 on the Fort Hall Indian Reservation in Idaho for a 35 million casino expansion. The new casino will be directly attached to the existing Shoshone-Bannock Hotel & Event Center. The 72 984-square-foot one-story casino project is the second phase of a project originally designed in 2007. The first phase included the construction of the hotel and event center which opened in July 2012. Tribal officials say the expansion will increase the economic vitality of the region and demonstrate the impact the tribe has on the overall community. The expansion has been a long time coming and there were many people involved with making it happen said Fort Hall Business Council Vice Chairman Darrell Shay at the groundbreaking ceremony. He thanked previous council members for their hard work and having the foresight to push the project forward. Phase II includes an 8 084-square-foot bingo hall a pre-function corridor and storage area. The new bingo hall will provide patrons immediate access to the games located on the casino floor as well as the food and beverage venues. The architect for the project is FFKR Architects of Salt Lake City Utah. The Fort Hall Business Council along with the tribe s project team that includes the tribal finance planning TERO TOSHA and gaming staff unanimously chose to engage the services of Fort Hall Casino Features Once Expansion is Complete Gaming floor will have capacity for 1 000 slot machines Bingo space will have seating capacity for approximately 240 players High-end buffet restaurant serving breakfast lunch and dinner Lounge on the gaming floor Expansion of staff dining room and lounge 24 7 food service adjacent to the hotel A high-tech HVAC system will introduce fresh outside air and exhaust cigarette smoke air to provide the best indoor air quality possible New parking lot with 300 parking spaces 40 DECEMBER 2016 www.tribalbusinessjournal.com Join The TBJ Team Please send your resume to slechner tribalbusinessjournal.com TBJ is looking for bright creative Native American professionals to join our growing team in the areas of Advertising Sales Editorial and Production. www.tribalbusinessjournal.com DECEMBER 2016 41 on Advertising BY SCOTT PRICHETT How Much Should I Spend W 42 DECEMBER 2016 www.tribalbusinessjournal.com ay back in 1877 Wanamaker s opened in Philadelphia. It was that city s first true department store. Wanamaker s expanded with more stores including two in New York City and became famous for a high level of customer service. How can I tell what is working Entire courses are taught and degrees are earned at institutes of higher learning regarding just such questions. But a good introductory peek at a recommendation comes from the U.S. Small Business Administration (SBA). For a business with less than 5 million a year in sales and a net profit near 10 percent the SBA suggests spending 7 to 8 percent of revenue on marketing and advertising. There s one theory. But what do businesses do in real-life Turns out reality is even more complicated. Schonefeld and Associates found that advertising dollars as a percentage of sales varies widely by industry Beverages 4.3 percent Distilled liquor 14.3 percent Founder John Wanamaker believed in the power of advertising. He is credited with placing the first ever full-page newspaper ad and initially wrote his own advertising copy. Later he hired the world s first full-time copywriter and revenue doubled soon after. Advertising made John Wanamaker wealthy and a legendary figure in ad circles. But even those who have never heard of him have likely heard his most famous quote Half the money I spend on advertising is wasted the trouble is I don t know which half. If you own a business you probably understand what he was saying and often ask these questions How much should I spend on advertising Where should I spend it THE MARKETING WORKOUT CONSISTENCY IS THE KEY. EVERYONE KNOWS OUT OF SIGHT OUT OF MIND. SO YES YOUR MESSAGE IS IMPORTANT. BUT UNLESS THAT MESSAGE IS OUT THERE CONSISTENTLY PEOPLE ARE GOING TO MISS IT. Food stores 2.1 percent Household furniture 6.2 percent Jewelry stores 6.6 percent Perfume 20 percent Real estate agents 3.9 percent Shoe stores 3.7 percent Women s clothing 3.7 percent It s interesting that the 7.4 percent average ad spend of the above is squarely within the 7 to 8 percent of gross recommended by the SBA but there are clear and substantial differences by industry. An individual business owner has other considerations. It s helpful to know average ad spending for your own business category but cutting a check yourself is another thing. So there s a far more important consideration for a smallbusiness owner What level of advertising can I consistently afford to spend Consistency is the key. Everyone knows out of sight out of mind. So yes your message is important. But unless that message is out there consistently people are going to miss it. Think about every advertising opportunity like you might think about your light bill. If you re in business you need to have the lights on every day. For an advertising program to work you need to be committed. Nothing good comes overnight. So if you can t afford to consistently advertise on TV perhaps you can be on radio. If radio is too expensive perhaps a digital campaign would work. If all you can afford right now are fliers that you deliver on a bike then print them up and get pedaling. Just make sure to own the fliers delivered by bicycle category of advertising in your area. An advertising campaign is like a workout. Runners train for a period of months sometimes years building stamina and endurance as they prepare for a marathon. Weightlifters start with lighter weights build muscle and increase the weight. But try not to do too much off the bat because you re likely to injure yourself. A smaller consistent ad campaign creates the sales and profits needed to work up to and pay for the next bigger campaign. So choose a medium you can afford to be with day in and day out and do it. Build up your sales and invest part of the profits into your next ad budget. If I knew of a short cut I d tell you. Peo- SCOTT PRITCHETT IS BUSINESS ple get rich selling that dream. However DEVELOPMENT MANAGER AT REDLINE I m here to tell you the truth. There is no MEDIA GROUP A FULL-SERVICE NATIVE short cut in advertising and the only way AMERICAN WOMAN-OWNED ADVERTISING to coast is downhill. AGENCY IN SOUTH FLORIDA. www.tribalbusinessjournal.com DECEMBER 2016 43 44 DECEMBER 2016 www.tribalbusinessjournal.com T Transforming Desert View he Desert View Watchtower and Visitor Area on the South rim of the Grand Canyon has been standing since 1932 and the history and culture connected to the landscape through the area s 11 tribes dates back centuries but only recently has the newly transformed cultural heritage center been drawing new crowds. It s proving to be the newest way for travelers from around the world to experience the Grand Canyon. Standing high on a hillside the Anasazi and Pueblo-inspired building provides an unobstructed view of Connecting Culture to Landscape for Travelers at Grand Canyon BY RACHEL CROMER-HOWARD the canyon but it didn t always provide Interpretive center provides travelers a connection with the indigenous venue for cultural exchange tribes that call the canyon home as it does between tribes and tourists today. Through the years the structure deteriorated and became just a souvenir store. The American Indian Alaska Native Tourism Association (AIANTA) has helped create an intertribal interpretive center where visitors can learn about the canyon from tribal perspectives. Accomplishing this involved a collaboration among the Grand Canyon Inter-Tribal Advisory Council the National Park Service TOURISM Bureau of Indian Affairs Grand Canyon Association and the ArtPlace America National Grants Program. The watchtower has now been rededStudents learn about American icated and tribes are Indian art and culture gathering for celebrations elder and youth programs and tribal interpretive programs. With this transformative project breathing new life into the cultural interpretation at the popular national park the Desert View Watchtower has been included in Green Destinations Sustainable Destinations Top 100 List and the visitor count in the past year is estimated to have exceeded 500 000. The prestigious Sustainable Destinations Top 100 list celebrates environmentally responsible and sustainable tourism initiatives from around the globe and was unveiled as a part of the second annual World Tourism Day and Green Destinations Day. The success of the Desert View project expands far beyond awards and increased visitation to the Grand Canyon National Park though. The Watchtower is a success story that highlights and models what is possible when tribes partner with public lands managers like the National Park Service (NPS). Not only has the Desert View project expanded the educational experiences of travelers to the Grand Canyon while helping tribes perpetuate their own cultures it has provided an otherwise unavailable economic opportunity to those involved. Demonstrators are compensated for their time as well as the Native artisan demonstrates ability to reap the her talented work economic benefits of direct sales to Grand Canyon visitors. Through projects like this which can be replicated at public lands across the country tribes and businesses see economic boosts business development social sustainability and cultural perpetuation. American Indian nations and public lands have a long history of fueling a romanticized image in the minds of non-Indian Americans and international travelers alike. Nearly every major national park or monument in the United States has a relationship of some manner to a significant Native sacred or cultural site. Yet little of tribal perspectives on the parks as ancestral and modern Native homelands has reached a wide public audience. The AIANTA s Public Lands Partnerships Program strives to afford American Indian nations the opportunity to raise public consciousness on issues such as cultural resource protections and ancestral use of park lands and to participate in the benefits available from being on or near public lands locations all through the development of tourism. Through projects like Transforming Desert View the creation of the American Indians and Route 66 guidebook which offers travelers an authentic Native perspective on the historic route and other growing partnerships we are proud to help tribes realize the power of tourism to share their stories said Aimee Awonohopay AIANTA s Public Lands Partnerships program manager. Awonohopay and the team at AIANTA work to identify public lands opportunities on or near reservation lands and build alliances with lands agencies to bring Native voices to tourism projects. The program s purpose is to strengthen the tribal tourism industry build tourism capacity and spur economic development in Indian Country. At AIANTA we hope that the Desert View cultural heritage interpretive project will be seen as a potential model of partnership for all tribes and public lands agencies across the country bringing first-voice interpretation forward said Awonohopay. The Desert View project is just one example of how tourism can serve as a powerful tool for tribes and communities to share their own stories in the way that they want them to be shared. To see success like the Desert View project implemented across the country with tribes bringing their authentic stories and voices to travelers from around the world AIANTA encourages tribes to explore opportunities in their own areas for partnerships and potential programs. Tribes and tribal members interested in pursuing projects that develop Native inclusion on public lands on or near their own lands are welcome to look to AIANTA s Public Lands Partnerships Program for partnership opportunities ideas and resources. To explore the opportunities available contact Awonohopay at AAwonohopay AIANTA.org. RACHEL CROMER-HOWARD IS THE PUBLIC RELATIONS AND MEDIA SPECIALIST AT THE AMERICAN INDIAN ALASKA NATIVE TOURISM ASSOCIATION. www.tribalbusinessjournal.com DECEMBER 2016 45 46 DECEMBER 2016 www.tribalbusinessjournal.com ORGANIZATIONAL DEVELOPMENT A Check Yourself Before You BY DERRIL JORDAN AND DON ZILLIOUX Wreck Yourself n earlier article in this series discussed the value of effective planning and goal setting when implementing an effective economic development campaign. ic development efforts. A legitimate company or investor is one that has the capital (or access to capital) the expertise to manage and operate a successful business and a reputation for fairness and honesty. The absence of one or more of these qualities means that a potential investor is not legitimate. Avoiding illegitimate investors is the first goal of due diligence. Unfortunately there are more than a few suitors trying to do business with tribes that are neither competent nor honorable. Some potential business partners will propose potentially viable investment opportunities but try to take advantage of the tribe. One example would be seeking to assign a share of the risks to the tribe that is disproportionate to the potential tribal gains. Other potential investors will propose ventures for which they haven t done their own due diligence. Although not dishonest they are fools who will eventually be parted from their own money. The use of a comprehensive planning document was described as a first level of due diligence to reject potential ventures if they fail to meet the investment and strategic criteria established by the tribe s master strategic and economic development plan. This article discusses the next level of due diligence and assumes that a potential venture has met enough of the tribe s development and investment criteria to deserve further consideration. There are two primary ways to conduct due diligence Looking at the company or person that wants to do business with the tribe and the specific venture that is being proposed. The purpose of conducting due diligence on the person or company is to make sure they are who and what they say they are and that they are capable of doing what they propose. There are many legitimate companies and individuals willing to do business with tribes and invest in their econom- www.tribalbusinessjournal.com DECEMBER 2016 47 Illustration by JDawnInk ORGANIZATIONAL DEVELOPMENT TO AVOID EITHER BEING TAKEN ADVANTAGE OF BY CHARLATANS OR BOOKING A TRIP ON PLATO S SHIP OF FOOLS IT IS NECESSARY TO CONDUCT DUE DILIGENCE ON THE PEOPLE AND COMPANIES WITH WHICH THE TRIBE IS CONSIDERING DOING BUSINESS. It s true that misery loves company but there is no consolation that comes from knowing that your partner was honorable but incompetent. To avoid either being taken advantage of by charlatans or booking a trip on Plato s ship of fools it is necessary to conduct due diligence on the people and companies with which the tribe is considering doing business. The tribe should ask suitors for references from other tribes governments or companies with whom they claim to be doing or have done business. The tribe should find out the names of the principals of the business the owners and managers and the names of the various businesses they conduct their operations through. The tribe should also ask them if they have been involved in litigation and review any court decisions in which they may have been involved. The tribe should never take anyone at his or her word. Instead it must implement a process for conducting thorough background checks on the companies and principals with which it will be dealing with. At a bare minimum the tribe should search their names on the internet the results of which may help to focus additional search efforts or provide a basis for saying no. If the potential investor passes this aspect of the due diligence process the tribe can turn its attention to evaluating the specific venture that has been proposed. A tribe should never invest money in a venture for which a market study and a business plan have not been prepared. These documents will supply valuable information about the proposed venture including how much money the tribe is being asked to invest the length of time before the tribe begins to see a return on its investment the rate of return that 48 DECEMBER 2016 www.tribalbusinessjournal.com can be expected the number of jobs to be created the average wage and the required training. A good market study will provide a discussion of the industry generally analyze and interpret data about the nature of and demand for the product or service to be offered and also discuss the potential customers for the goods or services to be offered. It will provide information about the spending capabilities and habits of the potential customers and help the investor understand the competition and how best to target advertising and appropriately price the product or service to maximize sales. A business plan sets forth the goals of the venture and explains how they will be achieved. It should include information about the track record of the management team which will enable the tribe to determine whether the potential partner is capable of producing the promised results. The business plan also should include projected financials for the operation of the proposed business over at least a five-year period. If the investor has operated the same or a similar business in the past the business plan also should present historical financials. Of course anyone can throw facts and numbers together so the tribe will need knowledgeable staff or trusted consultants who can review the market study and business plan to determine whether they are based on real data and reasonable expectations and predictions about the industry in general and the targeted market. If a potential investor has not prepared these documents they are foolishly willing to invest their own money and will soon be sorry. This is the ship of fools to be avoided. An investor that has these documents and won t share them with the tribe has something to hide. They may not want the tribe to understand the length of time for the venture to become profitable or the rate of return once it becomes profitable. Likewise they may want to hide the risk the tribe is being asked to take in comparison to its return. In short there are a lot of ways by which a tribe may be taken advantage. Only by asking the investor to substantiate claims about the likelihood and level of success about the proposed business can a tribe avoid being the victim of an unprincipled suitor. Failure is expensive in terms of dollars and cents demoralizing to the tribal community and erodes faith in tribal leadership. Tribes must be able to sort the good from the bad and reject proposals that lack background information a market study and a business plan. It is better for a tribe to make no deal than a bad deal because it may be a long time until the tribe has a second chance. Always remember to ask How will the tribe and its enterprises grow profitably with the efficient use of its capital on a sustainable basis DERRIL JORDAN WHO HAS BEEN REPRESENTING TRIBAL GOVERNMENT FOR NEARLY 30 YEARS IS THE FOUNDER AND OWNER OF JORDAN LAW OFFICES PLLC LOCATED IN WASHINGTON D.C. HE IS ALSO THE DIRECTOR OF NATIVE AMERICAN TRAINING AND ECONOMIC DEVELOPMENT AT STRATEGIC DEVELOPMENT WORLDWIDE LOCATED IN SAN DIEGO CALIFORNIA. HE CAN BE REACHED AT DJORDAN DBJORDANLAW.COM OR DERRILJ SDWNET.COM. DON ZILLIOUX PH.D. IS THE CEO OF STRATEGIC DEVELOPMENT WORLDWIDE. THE FIRM S CLIENTS INCLUDE AMERICAN INDIAN BUSINESS ENTERPRISES AND CASINOS. HE CAN BE REACHED AT DON SDWNET.COM FOR SPEAKING ENGAGEMENTS WORKSHOPS OR ADVISORY SERVICES. 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 DECEMBER 2016 49 IN THE NEWS CHANGING LIVES THROUGH EDUCATION 9 1 0 . 5 2 1 . 6 0 0 0 U N C P . E D U GREAT PLAINS BUREAU OF INDIAN AFFAIRS AWARDS ORDERS TO SEVEN GENERATIONS ARCHITECTURE AND ENGINEERING The Great Plains Bureau of Indian Affairs (BIA) has awarded three task orders to Seven Generations Architecture and Engineering. Located in Kalamazoo Michigan Seven Generations Architecture and Engineering is part of Mno-Bmadsen the tribal business development entity of the Pokagon Band of Potawatomi. The firm will be involved in the design of upgrades at nine BIA buildings throughout the Great Plains. The agency buildings include Pine Ridge Indian Reservation Pine Ridge South Dakota Rosebud Indian Reservation Rosebud South Dakota Standing Rock Indian Reservation Fort Yates North Dakota Winnebago Indian Reservation Winnebago Nebraska Turtle Mountain Agency Belcourt North Dakota Fort Totten Agency Fort Totten North Dakota Yankton Agency Wagner South Dakota Lower Brule Agency Lower Brule South Dakota Fort Berthold Fort Berthold North Dakota We are very excited about these projects said Jeremy Berg managing director of Seven Generations A E As part of MnoBmadsen the Business Development entity of the Pokagon Band of Potawatomi this project lives at the intersection of tribal and federal work two of our core market sectors. We are grateful to work with the Bureau of Indian Affairs on improving facilities for sovereign Native American Tribes. We look forward to bringing our tribal background and cultural expertise to the projects Troy Clay CEO of Mno-Bmadsen added. Work on the projects began in October and is expected to be completed in spring of 2017. AD Start here. Go anywhere. Third Annual Tribal Government E-Commerce CLE Conference Presented by Rosette LLP American Indian Economic Development Program Sovereignty and E-Commerce Innovating and Reshaping the Borders of Indian Country February 2-3 2017 Wild Horse Pass Hotel & Casino Chandler AZ Agenda & registration at law.asu.edu ecommerce2017 AD Indian Legal Program Nine Bureau of Indian Affairs buildings will get upgrades 50 DECEMBER 2016 www.tribalbusinessjournal.com OTOE-MISSOURIA TRIBE PURCHASES MACFARLANE GROUP TO AUGMENT E-COMMERCE LENDING CAPABILITIES The Otoe-Missouria Tribe of Indians announced it has completed the acquisition of MacFarlane Group portfolio managers to the online consumer lending space. This is a milestone acquisition in our economic portfolio as we work to diversify our revenue streams and internalize our businesses OtoeMissouria Chairman John Shotton says. This transaction clearly demonstrates the tribe s commitment to self-governance entrepreneurial growth and economic independence. As an isolated tribe located in rural Oklahoma tribal leadership has had to look to non-traditional sources of revenue to provide necessary services to its tribal members. Online lending has become a vital part of the economic independence of the Otoe-Missouria Tribe. By bringing the operations of MacFarlane Group in-house the tribe will be able to further increase the profitability of its online lending businesses. Our acquisition of MacFarlane Group brings additional revenue to our tribe which will be used to augment our health education and social programs as well as needed infrastructure AD improvements that benefit members of the Otoe-Missouria Tribe and the surrounding community Shotton says. MacFarlane Group has been a partner to the Tribe s American Web Loan lending portfolio for the last 6 years providing support services to the tribe s fast-growing online lending businesses. Until now our lending brands which include American Web Loan have leveraged the expertise of experienced third parties for key functions such as software development marketing and call center support. Today s historic acquisition brings these critical functions in-house ensuring that we can continue to provide industry-leading short term online credit products to the millions of consumers who need them Shotton says. According to Kate Spilde an expert in tribal economic development and casino operations and chair of the Sycuan Institute on Tribal Gaming at San Diego State University acquisitions of this type are a crucial step in tribes economic The only national organization dedicated to advancing Indian Country tourism across the United States. JOIN US AND LEARN MORE AT WWW.AIANTA.ORG AD www.tribalbusinessjournal.com DECEMBER 2016 51 IN THE NEWS development initiatives. In the earliest phases of developing new governmentowned businesses it is not uncommon for tribal councils to combine their strategic advantages with the knowledge and expertise of the private sector in order to build best-in-class startups that become profitable and mature very quickly. As tribes become familiar with business operations they bring services inhouse through organic growth or in cases such as the OtoeMissouria strategic vendor acquisitions. This is an exciting and innovative model that has benefited tribes for decades in industries ranging from hospitality to gaming to natural resources and now e-commerce. NAVAJO TECHNICAL UNIVERSITY SEEKS TO RAISE CHEMICAL ENGINEERING TECHNOLOGY PROGRAM AWARENESS In June 2015 Navajo Technical University (NTU) was approved by the Higher Learning Commission to begin offering an associate of applied science degree in chemical engineering technology to fill a regional need for workers in industrial and manufacturing plants. However reaction to the new degree has been slow. Currently only two students are enrolled in the chemical engineering technology program despite it being located in a region rich in oil and gas fields. According to the U.S. Department of Labor Statistics there are roughly 66 500 jobs in the chemical engineering technology field which is the primary reason NTU had developed the program. There s lot of places to find employment in the region including Albuquerque the Four Corners area Farmington and Gallup stated chemical engineering technology instructor Dr. Gholam Ehteshami citing companies such as Western Refinery Navajo Oil and Gas and Arizona Public Service. If you become a chemical technician you have a big chance to find a job in this area. There are two types of chemical engineering technicians that NTU hopes to produce laboratory and process technicians. Laboratory technicians operate standard laboratory equipment and conduct laboratory procedures ranging from routine process control to complex research projects while process technicians perform chemical tests and experiments for quality performance or composition. The role of a chemical engineering technician has changed drastically over the years where technicians now hold responsibilities that were once designated to engineers. In the past most Dr. Gholam Ehteshami lectures during a Chemical Engineering Technology course on process instrumentation. Dr. Ehteshami came to NTU after working the past twelve years at Arizona State University. chemical technicians were trained on the job explained Ehteshami who serves as the chair of NTU s School of Engineering Mathematics and Technology after working the past 12 years at Arizona State University. Today industry demands a solid foundation in applied basic chemistry and math plus experience using various kinds of standard lab ware. Computer knowledge and oral and written communication skills are also required. Chemical engineering technicians have many duties but their main focus is running production units and working on industrial processes designed to convert raw material into petroleum products. As part of this duty they help design operations implement process controls and address corrosion concerns both in the field and in large plants. Technicians also research products and technologies as well as environmental and reclamation techniques 52 DECEMBER 2016 www.tribalbusinessjournal.com which according to Ehteshami provide a good opportunity to students given the high number of abandoned mine sites on and around the Navajo Nation. It s interesting. I never knew that an associate degree would be so valuable stated Casamero Lake New Mexico resident Jonathan Largo who is one of the two students enrolled in the program. In class we did a quick Google search for jobs available and instantly thousands of jobs came up making anywhere from 35 000 to 60 000 a year. Largo graduated last year from NTU with a degree in industrial engineering but because Accreditation Board for Engineering and Technology (ABET) standards require two more higher level mathematics courses he returned to NTU to meet the requirement. While doing so he figured it would be a good opportunity to learn more and he enrolled in the chemical engineering technology program. It s a lot like industrial engineering in that it all starts with the employees making sure everything is done correctly stated Largo. If something small isn t correct it will have a ripple effect. NTU is hoping NTU s chemical engineering technology program will have a ripple affect toward improving the economic landscape of the Navajo Nation. In the coming months Ehteshami will be reaching out to area high schools to spread the word about the program as well as interacting with industry professionals who want to advance their positions with a degree. BANK2 BUILDING BETTER LIVES Bank2 a wholly owned subsidiary of the Chickasaw Banc Holding Company was awarded the Access to Capital Award by the U.S. Department of Commerce s Minority Business Development Agency during the 2016 National Minority Enterprise Development Week. Bank2 is Building Better Lives every day. Others are recognizing our work because our work truly matters says Ross Hill president and CEO of Bank2. Founded in 2002 by TRIBES ARE CONNECTING TO MILLIONS IN FOREST REVENUE WITH AMERICA S LEADING DEVELOPER OF CARBON OFFSETS Tribes are making a commitment to forest conservation and making money doing it--up to 50 million or more in the first year. Connect with the Finite Carbon team to learn more about this exciting new opportunity. Contact Dylan Jenkins at 570.321.9090 or visit us at www.finitecarbon.com. www.tribalbusinessjournal.com DECEMBER 2016 53 IN THE NEWS IN THE NEWS Ross and based in Ada Oklahoma Bank2 is the No. 1 source of home loans for American Indians in the United States and maintains the largest 100 percent American Indian home mortgage servicing portfolio in the country. The bank has grown from 7.5 million in assets to more than 131 million. In 2009 its was the most profitable community bank in the U.S. and No. 3 in 2010. Bank2 was among 19 organizations businesses and individuals honored by MBDA. The awardees have demonstrated leadership commitment and excellence in advancing the minority business community. AD LILLIAN SPARKS ROBINSON NAMED EXECUTIVE STRATEGIST AT TRIBAL TECH Lillian Sparks Robinson (Rosebud Sioux) has been named executive strategist by Tribal Tech a Native American womanowned management and technical consulting company based in Alexandria Viriginia. I am very proud personally and professionally that Lillian has joined Tribal Tech. She brings a wealth of knowledge and will be a tremendous resource for us as we continue to grow and serve our customers. We share the same deep passion for education and our American Indian heritage says Tribal Tech s President and CEO Victoria Vasquez. In 2010 Robinson was appointed by President Obama and confirmed by the U.S. Senate to serve as the Commissioner for the Administration for Native Americans (ANA). As the commissioner she established Lillian Sparks Robinson 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 54 DECEMBER 2016 www.tribalbusinessjournal.com AD Bridge Building A programs and enacted policy impacting Native languages and education social development and economic development for Native Americans throughout Indian Country. Before her work at ANA Robinson served as the executive director of the National Indian Education Association. Jefferson Keel and Ernie Stevens with NCAI youth Sen. John McCain 73rd Annual Convention & Marketplace Standing Rock Sioux Tribe Chairman Dave Archambault II National Congress of Americans Phoenix Arizona October 9-14 2016 2016-2017 Miss Indian World Danielle Ta Sheena Finn from the Standing Rock Sioux Tribe of Porcupine North Dakota and Jarred Massey White Mountain Apache Tribe Actor Martin Sensmeier s father Raymond Chickasaw Nation Lt. Gov. Jefferson Keel NCAI President Brian Cladoosby Executive Director Jacqueline Pata Sen. John McCain and Treasurer W. Ron Allen Amber Richardson Haliwa Saponi from the Aspen Institute in D.C. www.tribalbusinessjournal.com DECEMBER 2016 55 56 DECEMBER 2016 www.tribalbusinessjournal.com FEDERAL PROCUREMENT I Point of Entry USING FEDBIZOPS CAN LEAD TO MAJOR BUSINESS BY ADOLPHO VASQUEZ More details on the definition of these terms and how the contracting officer uses them to seek interested vendors can be found in the Federal Acquisition Regulation (FAR) or by visiting your local PTAC office. These are only a few of the features that FBO.gov has available to you for finding federal opportunities. In addition to searching for opportunities that fit your business other large prime contractors and prime subcontractors are also looking for small businesses to meet their federal subcontracting requirements. More importantly if there is a set aside opportunity that is just out of your capability or capacity you can find other interested small businesses that you can team with to meet those contractual requirements and be eligible to bid. These features of FBO.gov are yours for the asking. Many businesses use FBO.gov as the single source for finding federal procurement opportunities. Though it is the mandated government goint of entry using FBO.gov only will put your business in chase mode all the time. Using FBO. gov along with other federal websites is the key to not only being able to get to the dance but being able to choose which dance you want to go to In summary FBO.gov is where the most current and present solicitations are posted. But as you will soon find out most of the responses are due within 10 to 30 days of posting. This tool is an integral part of finding federal opportunities but you can t go fishing with just a boat wanted this month to return to my coverage of how to navigate the federal procurement system. FedBiz Ops (www.fbo.gov) is the single point where government business opportunities greater than 25 000 can be accessed by the public. The site includes synopses of proposed contract actions solicitations and associated information. Continuing the dialogue of getting to the dance and how to stay there this article will address how to use the FBO.gov present tool to support your quest for government contract opportunities. First of all a business needs to have a Dun & Bradstreet DUNS number to register at the website. If you don t have one contact your local procurement technical assistance center (PTAC) at www.aptac-us.org. You will also need to register in the System for Award Management (www.sam.gov). Once you register your business in FBO you can set up your unique profile so that any listing that matches your profile will be sent via email to you daily. You can also set up advance searches for opportunities using search profiles by keyword agency North American Industry Classification System (NAICS) type of contract and a whole array of other filters. You can also find who else is interested in the same opportunity via the interested vendor listing. You can also tag a particular solicitation so anytime there is any change or activity on that solicitation you will be notified electronically. Other built-in filters are Awards Sources Sought Requests for Information and announcements. Why should I care about a contract that has been awarded By knowing who has been awarded a contract in your area or trade a potential subcontract opportunity may be in the making. The term sources sought opportunities means that the contracting officer wants to set aside this contract for small business and is looking for small businesses that are qualified to do the work. Requests for information are announcements that the contracting officer is looking for any business that is interested or that can perform a particular opportunity. To get some tips on how to file for a Dunn s number go to https www.youtube.com watch v pKsINotv7Sw For a video on registering in the System for Award Management go to https www.youtube.com watch v 9VPGVYPvch4 LT. COL. ADOLFO VASQUEZ U.S. ARMY RETIRED IS A PROCUREMENT TECHNICAL ADVISOR FOR THE NATIONAL CENTER FOR AMERICAN INDIAN ENTERPRISE DEVELOPMENT PROCUREMENT TECHNICAL ASSISTANCE CENTER (NCAIED PTAC). MORE HELP www.tribalbusinessjournal.com DECEMBER 2016 57 CALENDAR 2017 INDIAN COUNTRY CONFERENCES 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 eight weeks in advance of the event to Levi Rickert editor-in-chief at lrickert tribalbusinessjournal.com. Feb 13 - 16 NATIONAL CONGRESS OF AMERICAN INDIANS 2017 EXECUTIVE COUNCIL WINTER SESSION Washington DC March 21 - 24 DEVELOPMENT RES Las Vegas Nevada NCAIED.ORG NATIONAL CENTER FOR AMERICAN INDIAN ENTERPRISE Jun 11 - 14 MARKETPLACE 2017 MID-YEAR CONFERENCE & Uncasville Connecticut April 24 - 25 NATIVE AMERICAN FINANCE OFFICERS ASSOCIATION 35TH ANNUAL CONFERENCE San Francisco California WWW.NAFOA.ORG AMERIND NATIONAL AMERICAN INDIAN HOUSING COUNCIL Oct 15 - 20 & MARKETPLACE 74TH ANNUAL CONVENTION Milwaukee Wisconsin WWW.NCAI.ORG CONFERENCES-EVENTS June 27 - 29 AMERIND NAIHC ANNUAL CONVENTION & TRADE SHOW Nashville Tennessee NAIHC.NET ANNUAL-CONVENTION April 10 - 13 CONVENTION NATIONAL INDIAN GAMING ASSOCIATION INDIAN GAMING TRADESHOW & San Diego California WWW.INDIANGAMING.ORG August 19 - 20 FOR INDIAN ARTS WWW.SWAIA.ORG SOUTHWESTERN ASSOCIATION 96th Annual Santa Fe Indian Art Market SANTA FE NEW MEXICO September 11 - 14 TOURISM ASSOCIATION 19TH ANNUAL AMERICAN Green Bay Wisconsin AMERICAN INDIAN ALASKA NATIVE INDIAN TOURISM CONFERENCE WWW.AIANTA.ORG CONFERENCE-HOME. ASPX 58 DECEMBER 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 www.tribalbusinessjournal.com DECEMBER 2016 59 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 60 DECEMBER 2016 www.tribalbusinessjournal.com