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February 2017 7.95 John Shotton Otoe-Missouria Tribe Chairman 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 FEBRUARY 2017 VOL.2 NO.2 30 Cover Story Otoe-Missouria Tribe Stable Tribal Government Fuels Economic Development Success 20 Entrepreneurial Spirit Profile 38 Profile 6 Publisher s Letter 8 Editor s Letter 10 Guest Editorial 13 Law 24 Federal Procurement 26 Tribalnomics Northern Cheyenne s Brett Evertz beats the odds 42 Insurance Steve Bonner Continues to Dream Big as the President of Seminole Casino Coconut Creek Preventing Workplace Violence What Employers Need to Know How Do I Know if My Advertising is Working Are You Prepared Are All Your Ducks in a Row Reefer Madness Sovereignty Hemp & Marijuana in Indian Country - Part III Standing with One Voice 46 Marketing Corner 48 In the News 54 Tribalnomics Time for Tribes to Move Away from the Federal Guardian Approach An E-Commerce Quandary 28 Tribal Gaming 15 Organizational Development 35 Trade Association Partners Diversifying Revenue Strategies in 19 Business Ethics Drill Baby Drill 4 FEBRUARY 2017 www.tribalbusinessjournal.com 2017 36 Financial Services American Indian College Fund Strong Hearts to the Front 56 Communications 58 Last Look Hopi Way of Life Cannabis Offers Tremendous Growth Potential in Indian Country Speaking to the New President Otoe tribe delegation in 1881 I Publisher Sandy Lechner PUBLISHER S LETTER hope everyone is finding a great start to 2017 This issue marks one full year of publishing for TBJ our 12th issue. We are grateful and privileged to have been welcomed into Indian Country in such a warm and meaningful way. Our entire team is proud of the product we have created and how in some small part our efforts can assist the smart and powerful tribal men and women to create sustainable economies throughout Indian Country. As TBJ continues to grow in function and purpose as the 21st century voice of economic development in Indian Country we are working hard to bring you the most thought provoking evocative editorial and information written by the leaders in Indian Country. I am pleased to announce that Kevin Gale has joined TBJ as executive editor. Kevin is the founding editor of South Florida Business and Wealth magazine and was previously editor of the South Florida Business Journal a weekly newspaper and in addition he was the business editor of the Sun Sentinel in Fort Lauderdale. He will be teaming up with Editor Levi Rickert to ensure that TBJ provides the most insightful coverage for our readers. Also joining our team is Associate Editor Andrea Richard. Andrea previously was on the staff at the New Times in South Florida and has been a freelance writer for numerous publications. One of the backbones of TBJ has been our regular contributors and we are pleased to expand the roster of contributors in 2017. Here are some of the names you can expect to see in 2017 Finance Gary Davis CEO of the Native American Financial Services Association (NAFSA) Gaming Ernie Stevens CEO of the National Indian Gaming Association (NIGA) Tourism Rachel Cromer American Indian Alaska Native Tourism Association (AIANTA) Greetings Housing Pamala Silas Native American Indian Housing Council (NAIHC) Cannabis Jeff Doctor CEO of National Indian Cannabis Coalition (NICC) Law Karrie Wichtman Rosette Law Health and Wellness Robert Weaver RWI Benefits In addition to our regular columns and features you can count on guest writers and columnists offering thought leadership and insights into all areas of economic development and progressive business in Indian Country. We will continue to grow the largest media footprint in Indian Country and boast distribution at conferences involving the following groups Arizona State University Wiring The Res RES NAIHC NAFOA United South and Eastern Tribes (USET) AIANTA NIGA Oklahoma Indian Gaming Association (OIGA) Navajo Economic Summit NAFSA Simply put You will not find a print or digital publication more widely distributed or read by legitimate leaders in Indian Country. Of course our first year wouldn t have been a success without the help of many others. I d like to give a hearty special thanks to our readers advertisers and staff for the support belief and faith in the good work we are doing. All the best Sandy Lechner Publisher Sandy Lechner may be reached at slechner tribalbusinessjournal.com or 954.377.9691. 6 FEBRUARY 2017 www.tribalbusinessjournal.com reconnecting people to the land Strengthening Native Nations and Expanding Tribal Sovereignty Through Land Acquisition Indian Land Capital Company is a Native-owned certified Community Development Financial Institution (CDFI) providing financing to Native nations for economic development and land acquisition. www.ilcc.net T Editor-in-Chief Levi Rickert (Prairie Band Potawatomi Nation) EDITOR S LETTER he Missouri River the longest river in North America originates in the Rocky Mountains in Montana and makes its way on a southeastern route through the northern Plains before entering the Mississippi River north of St. Louis. For centuries several American Indian tribes have maintained an affinity and relationship with the Missouri River. In the 16th century Otoe and Missouria tribal members lived in the lower Missouri River Valley and used the it and its tributaries for commerce. They traded with the Spanish French and Americans for various goods to sustain themselves. The state of Missouri and the Missouri River were named after the Missouria tribe. In an essay entitled Power and Place Equal Personality the late American Indian scholar Vine Deloria Jr. defined power as the living energy that inhabits and or composes the universe and place as the relationship of things to each other. He went on to infer that putting together power and place form personality. Ultimately personality is the substantive embodiment the unique realization of all the relations and power. Deloria presents a legitimate argument about the feelings that arose last year when the Standing Rock Sioux Tribe whose ancestors lived along the Missouri River near Cannon Ball North Dakota upriver from where the Otoe-Missouria tribe lived fought so vigorously against the Dakota Access Pipeline. The Standing Rock Sioux Tribe understood the realization of the power and place. The tribe s opposition became the largest Indian Country story since the American Indian Movement took over and occupied the Wounded Knee hamlet on the Pine Ridge Indian Reservation in 1973. What began with 50 people camping on property occupied by a tribal resident on the Standing Rock Indian Reservation late April spilled over to land owned by the U.S. Army Corps of Engineers. There people came from tribes throughout the Americas with nonNative allies to show their solidarity. The large assembly and support of tribes from throughout Indian Country displayed a unification of tribes American Indian Personality Formed by Place POWER AND PLACE for a common cause was huge. At issue was protection of the water the desecration of ancestral burial sites by the construction of the pipeline and the lack of tribal consultation. The rallying theme behind the fight against oil became Mni Wiconi a Sioux term that means water is life. Standing Rock Sioux Tribe Chairman Dave Archambault II says if the pipeline burst some 18 million people downstream would be negatively impacted. Over 350 tribes from Indian Country passed resolutions to support the Standing Rock Sioux Tribe. Among the tribes is the Otoe-Missouria Tribe. In its resolution the tribe writes The Otoe-Missouria Tribe culture recognizes the importance of Mother Earth and the duty to protect the waters air land and all animals on it. The Otoe-Missouria Tribe recognize the importance of Deloria s power and place equal personality argument. After years of living along the banks of the Missouri River the Otoe Missouria lost its land as the country expanded and eventually ended up in Red Rock Oklahoma where they are working hard to ensure power and place for their future generations of tribal citizens. TBJ is proud to feature Otoe-Missouria Tribe Chairman John R. Shotton in our February cover story to tell the story of how they are building their tribal economy for this and future generations. Levi Rickert (Prairie Band Potawatomi Nation) Editor-in-Chief Levi Rickert may be reached at 616.299.7542 or lrickert tribalbusinessjournal.com. 8 FEBRUARY 2017 www.tribalbusinessjournal.com UIC FAMILY OF COMPANIES UIC Design Plan Build LLC UIC Government Services LLC UIC Marine Services LLC Umiaq LLC UIC Oil & Gas LLC Leaders in responsible Arctic development When it comes to development in the Arctic UMIAQ Environmental has worldclass experience and resources that provide customers with the most advanced assets and personnel to meet all regulatory and environmental commitments. We understand how to navigate the unique regulatory process and leverage our local knowledge to implement projects that balance innovation value and function with a profound respect for the land. The Arctic environment is changing bringing important industrial and community development opportunities to the region. As international interest in the Arctic rises so does our commitment to providing unique solutions that benefit our customers and protect our Native resources. UMIAQ Environmental LLC Permitting packages Regulatory compliance services NEPA documentation Spill response planning Environmental monitoring Contaminated site clean-up Remote site remediation Stakeholder and community relations Health Safety & Environmental Training (HSET) Cultural resources management A member of the UIC family of companies www.tribalbusinessjournal.com FEBRUARY 2017 9 907.677.8220 uicumiaq.com GUEST EDITORIAL Ross O. Swimmer M BY ROSS O. SWIMMER Time for Tribes to Move Away from the Federal Guardian Approach y first acquaintance with the Bureau of Indian Affairs after my election as principal chief in 1975 was during an effort to negotiate an easement across the Arkansas River with an energy company wanting to build a pipeline. I met with the pipeline owner and negotiated what I thought was a reasonable price of around 13 000 for the grant of easement. When I told the BIA Superintendent that we were making the deal he required that the easement be appraised. After a month or so the appraisal came through at 9 000. I was pleased that we had negotiated a better price until the BIA told me that I was required to accept the appraised value. Although I did not accept the lower value and finally did get BIA approval I realized at that point I really had no control over our own land. The more recent example that has resulted in Senate hearings concerns the Three Affiliated Tribal minerals in North Dakota. When the Balkan oil field was drilled enormous amounts of oil were found available for production. However because of federal regulations it took the tribe nearly a year before income was received although folks off the reservation had money in a matter of weeks. What if the tribes kept their land in trust with the federal government but changed the nature of the trust to eliminate the fiduciary component and made it simply a title holding trust that kept the land in beneficiary ownership of the tribe with all duties and responsibilities assigned to the tribes The tribes would enact their own laws and ordinances regarding development of the land leasing for minerals etc. and none of the federal rules would apply anymore than if the land were privately held. The tribes would essentially operate as a private owner of land but have title protection through the trust. Tribal sovereignty vis- -vis states and local governments would not change but some thought would have to be given to newly acquired land and whether it would need to go into trust. Of course there would be a savings to the federal budget of millions of dollars that would be distributed to tribes on a formula based natural resource ownership. There is a downside. During the past eight years over 100 tribes have been paid two to three billion dollars for alleged mismanagement of the trust. By accepting self-governance or true sovereignty tribes lose the backstop of the federal fiduciary trustee. That is the kind of self-governance I proposed in 1988 during my time as assistant secretary for Indian Affairs. Is it time for tribes to determine their own destiny to manage their own money lands and natural resources and to let the feds off the hook when things go wrong I chose the money management business when I left as special trustee because I saw the same problems with federal management of tribal funds as with land and natural resources. The return on money held in trust is almost always less than that earned by private sector fiduciary investment advisors. Although Tribes are allowed to manage privately their trust funds most tribes have not taken advantage of that section of the Trustee Act. One tribal leader told me At least we know we will not lose the principal and it will be safe with the BIA. When if ever will tribes be willing to take responsibility for managing their land and natural resources and money or will tribes continue with the federal management that ensures a lower return on assets for less risk. Tribal leaders need to have this discussion and let the new Administration know which way it wants to go. I believe this is an opportunity to change the way Indian country works but only if there is the leadership to move away from the guardian approach. ROSS O. SWIMMER SERVED AS PRINCIPAL CHIEF OF THE CHEROKEE NATION FROM 1975 TO 1985 AND AS THE ASSISTANT SECRETARY INDIAN AFFAIRS DEPARTMENT OF THE INTERIOR 1985-1989. CURRENTLY HE IS A PARTNER IN NATIVE AMERICAN FUND ADVISORS LLC. R SCHOLA SH UR IP G OLF TO NA MENT www.tribalbusinessjournal.com FEBRUARY 2017 11 PUBLISHER Sandy Lechner slechner tribalbusinessjournal.com EXECUTIVE EDITOR Kevin Gale kgale sfbwmag.com EDITOR Levi Rickert lrickert tribalbusinessjournal.com (Prairie Band Potawatomi Nation) ASSOCIATE EDITOR Andrea Richard arichard sfbwmag.com Business Development Managers Jessi Lorenzo jlorenzo triaxllc.com Rob Jacobs rjacobs tribalbusinessjournal.com (Lumbee Tuscarora) Writers Clara Caufield (Northern Cheyenne) Robert Dahl Gary Davis (Cherokee) Janee Doxtator-Andrews (Oneida Nation of Wisconsin) Derril Jordan Robin LaDue Ph.D. (Cowlitz Indian Tribe) Keren Moros Scott Prichett Randall Slikkers Ross O. Swimmer (Cherokee) Ernie Stevens Jr. (Oneida Nation) Adolfo Vasquez Karrie Wichtman (Sault Ste. Marie Tribe of Chippewa Indians) 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 Accounting Circulation Manager Monica Bridgewater-Wilson monica lmgfl.com Directors Devon Cohen Brent McFarland Chairman Gary Press gpress tribalbusinessjournal.com 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 FEBRUARY 2017 www.tribalbusinessjournal.com Karrie Wichtman U LAW An E-Commerce Quandry BY KARRIE WICHTMAN Many tribal e-commerce models are structured to ensure the last act in an e-commerce transaction occurs on Indian land. Tribes house their computer hardware and personnel on-reservation which directs consumers towards on-reservation activity. While consumers may be on-or-off reservation the e-commerce transaction is consummated by the tribe s on-reservation acceptance completing the last step of the transaction. The Iipay decision is significant in that it is the first direct analysis and holding contemplating how off-reservation players conduct is sufficient to place the location of the transaction--i.e. gambling--at the player s location regardless of the on-reservation computer infrastructure. The decision poses a very significant setback for tribes interested in online gaming. But more importantly while the decision is in the gaming context there is a direct comparison between the player s off-reservation gaming activity and an e-commerce customer s off-reservation activity. Unless the court s decision is ultimately overturned tribes engaged in e-commerce will have to stave off efforts to use the court s decision as controlling or persuasive authority to convince other courts that off-reservation conduct is sufficient to locate an e-commerce transaction within a state s jurisdiction. This attack on tribal e-commerce will be especially problematic in state courts where tribal sovereignty issues are uncommon and tribes are disrespected. Tribes active in e-commerce had begun to sway the courts to respect on-reservation activity and allow a sovereign immunity defense for attacks against tribes e-commerce activities. The Iipay decision is a setback to the tribes collective effort to ensure that the location of the transaction occurs on-reservation within the tribes sovereign jurisdiction. Tribes engaged in non-gaming e-commerce activities should be able to distinguish their businesses from the online bingo activity here because gambling requires the convergence of chance consideration and prize--much different from an offer consideration and acceptance under contract law where the acceptance occurs on a tribe s reservation. www.tribalbusinessjournal.com FEBRUARY 2017 13 KARRIE WICHTMAN (SAULT STE. MARIE TRIBE OF CHIPPEWA INDIANS) IS A PARTNER WITH THE ROSETTE LAW FIRM AND A MEMBER OF THE TBJ ADVISORY BOARD. nderlying all e-commerce is the question Where does the transaction take place The location of the transaction is significant because it helps determine the legal authority with jurisdiction over the transaction. The location of the transaction--i.e. the jurisdiction--is especially relevant with tribal e-commerce as tribes search for ways to engage in e-commerce without sacrificing sovereignty. Courts and lawyers have battled over the location of a transaction for well over 200 years--online e-commerce has cast the question in a new light. Over the past 20 years courts have created different methods to shoehorn e-commerce transactions into antiquated legal maxims. However the courts cannot keep pace with the speed of technology and the question over where the transaction occurs remains problematic. Tribal e-commerce suffered a significant setback with a recent federal court decision in California. For the past two years the Iipay Nation of Santa Ysabel has battled with California and the United States over Desert Rose Bingo--Iipay s server-based online bingo game. While Iipay s computer servers are located on Iipay s reservation the bingo game is offered to off-reservation California residents that are over 18. California alleged that under the Indian Gaming Regulatory Act Iipay s game was Class III and was offered to off-reservation players which violated both Iiapay s compact and California law. The United States argued that the game violated the Unlawful Internet Gambling Enforcement Act (UIGEA). The United States District Court sided with the United States and enjoined Iipay finding that the off-reservation gaming activity was illegal in California and that illegality was consequently a violation of UIGEA. By finding that the players off-reservation conduct determined the location of the gaming activity despite the on-reservation location of the gaming servers the court struck a blow to tribes interested in online gaming but more significantly may have struck a blow to tribal e-commerce. TBJ ADVISORY BOARD Jeff Doctor (Seneca Nation) Executive Director of the National Indian Cannabis Coalition Robert Joe (Navajo) Chief Operating Officer for the Office of the President and Vice President Navajo Nation APRIL 2016 7.95 Vernelle Taylor (Gros Ventre Tribe) Director of Tribal Relations Flintco Constructive Solutions Gary Davis (Cherokee) CEO of NAFSA Native American Financial Services Association Kip Ritchie (Forest County Potawatomi) CEO Greenfire Management Services LLC Transforming the Navajo Nation Robert Joe Heather Dawn Thompson (Cheyenne River Sioux Tribe) Practice Group Attorney Greenberg Traurig LLP THE 21ST-CENTURY VOICE FOR BUSINESS INVESTMENT AND PROFITABLE ECONOMIC DEVELOPMENT OPPORTUNITIES IN INDIAN COUNTRY TBJ Cover.indd 1 3 7 16 4 15 PM Mark Harding (Mashpee Wampanoag Tribe) President Mashpee Wampanoag Community Development Corporation Pamala Silas (Menominee) Executive Director National American Indian Housing Council S.R. Tommie (Seminole Tribe of Florida) President Redline Media Group Chris James (Cherokee ) President and CEO of the National Center for American Indian Enterprise Development 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 Dylan Jenkins Vice President of Portfolio Development Finite Carbon Ernie Stevens Jr. (Oneida) Chairman National Indian Gaming Association Karrie Wichtman (Sault Ste. Marie Tribe of Chippewa Indians) Managing Partner Rosette Law 14 FEBRUARY 2017 www.tribalbusinessjournal.com ORGANIZATIONAL DEVELOPMENT Revenue Strategies in 2017 By Derril B. Jordan and Donald Zillioux Diversifying s tribes diversify their economic base many choose to explore energy-related ventures. To this end a tribal company within that sector can gain a substantial competitive advantage through a little-known and never-used provision of the Indian Tribal Energy Development and Self-Determination Act of 2005. www.tribalbusinessjournal.com FEBRUARY 2017 15 ORGANIZATIONAL DEVELOPMENT TRIBAL ENERGY ACT PROVIDES AN OPPORTUNITY FOR TRIBES THAT LACK THEIR OWN ENERGY RESOURCES TO PARTICIPATE IN THE SALE OF ENERGY TO THE GOVERNMENT. The Tribal Energy Act authorizes agencies of the federal government to give preference to companies owned or controlled by tribal nations in the acquisition of energy and energy byproducts. The preference can be granted to American Indian-owned or controlled companies so long as the agency does not pay more than the prevailing market price for an energy product or byproduct or obtain less than prevailing market terms and conditions. The federal government is the largest consumer of energy in the United States and a preference within that market which purchasing generally flows through the General Services Administration (GSA) creates an enormous opportunity for tribal economic development. Unfortunately entry into the energy sector can be difficult and fraught with obstacles for a tribe. For example tribes that seek to develop their own reservation-based energy resources may encounter difficulties such as Limited access to capital and tax credits Limited access to energy markets Inadequate infrastructure for transporting energy products to markets A complex regulatory structure A lack of tribal entrepreneurial capacity Moreover not all tribes own traditional non-renewable sources such as coal oil and natural gas or have reservations capable of generating renewal forms of energy such as wind solar geothermal biomass and wave power. Nevertheless the Tribal Energy Act not only provides an opportunity for tribes that have energy resources renewable and non-renewable alike to begin to overcome many of these obstacles it also provides an opportunity for tribes that lack their own energy resources to participate in the 16 FEBRUARY 2017 www.tribalbusinessjournal.com sale of energy to the government. First nothing in the Act requires that the energy product or byproduct sold to a federal agency be from an energy resource owned by the tribe or generated on tribal lands. Second the energy acquisition preference requires only majority tribal ownership rather than complete tribal ownership. Essentially this allows a tribe with limited or no resources to partner with a non-tribal company to establish a joint venture able to obtain the preference of the Tribal Energy Act. What incentive is there one might ask for a non-Indian energy company to partner with a tribe to sell energy to the federal government if the power is not being generated on-reservation from a tribally owned or reservation-based energy resource The short answer is that partnering with a tribe creates a significant competitive bidding advantage on a non-tribal energy development company that sets it apart from its otherwise equally-qualified competitors that are also capable of producing and selling the energy product or byproduct at the prevailing market price and at prevailing market terms and conditions. Government buildings facilities and installations whether military and civilian are located throughout the United States-- often within reasonable proximity to tribal reservations. A tribe could partner with a non-Indian energy company to develop a renewable energy source such as wind or solar power in an area that although located off-reservation is close to both a federal facility and the tribe s reservation. Thus through partnering with an experienced and reputable non-Indian energy development company a tribe can avail itself of the contracting opportunity to earn much needed tribal governmental revenues build tribal capacity and if the off-reservation energy generation facility is located within a reasonable distance from tribal lands create a source of relatively skilled and high-paying jobs for tribal members. Furthermore the revenues gained from such a venture can be reinvested in tribal programs or other forms of tribal economic development. In the long term successful use of the preference in this manner can also help tribes in developing their on-reservation energy resources. Tribes may gain access to energy markets as population centers change or grow which in turn would probably lead to the investment in new and expanded energy transportation infrastructure that tribes would be able to take advantage of in marketing and selling their energy products. The fluctuating costs of various energy alternatives may work to help create future markets for tribal energy resources that do not presently exist. By using the acquisition preference to secure government energy contracts through partnerships with non-tribal energy development companies tribal nations can acquire technical capacity and managerial experience and establish a track record within the energy development field that can lead to greater access to the capital tribal governments need to develop their own energy resources and take control of their own destinies if and when the markets for their on-reservation resources develop or expand. A tribe can also leverage its non-Indian development company partnership to enlist the company in helping the tribe to develop its own energy resources. However joint ownership of an energy development entity with a non-tribal company requires careful strategic organizational economic and legal planning. Although complete tribal ownership is not 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 Technology Construction Education Finance Gaming Governance Housing Human Resources Law Law Enforcement Natural Resources Social Services For more information contact Tom Wilkins 1-800-992-4489 ext 119 tom.wilkins falmouthinstitute.com www.falmouthinstitute.com 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 FEBRUARY 2017 17 ORGANIZATIONAL DEVELOPMENT ENERGY DEVELOPMENT PROJECTS JUST LIKE ALL TRIBAL ECONOMIC DEVELOPMENT SHOULD BE IMPLEMENTED AS PART OF A COMPREHENSIVE STRATEGY. required the tribe must have a real ownership interest meaning that it must have something at risk if the company loses money and not be merely an owner on paper. Also the tribe must actually control the joint entity which means that the tribe as the majority owner must have the authority to make important decisions for the company without the permission or concurrence of the non-tribal partner. The failure to meet these requirements means that the jointly-owned company would not be eligible for the preference. It is also worth keeping in mind that federal contract awards are always subject to review by the awarding agency or the GAO and can be challenged by an unsuccessful bidder even after being awarded. Absent careful organizational and legal planning the joint venture as well as its owners could face severe penalties--including criminal prosecution--if actual tribal ownership and control cannot be substantiated upon such a review or challenge. The GSA has not yet published regulations for implementing the contracting preference created by the Tribal Energy Act including rules for determining whether a joint entity is really owned and controlled by the tribal partner. It is not clear when or whether the GSA will issue such guidance. Nonetheless there are other federal laws providing Indian and minority preferences in contracting that provide guidance to ensure that the joint company meets these qualifications. Tribes that want to take advantage of this contracting opportunity should not wait for the GSA to issue this guidance instead they should forge ahead in identifying federal energy purchase opportunities and finding reputable energy development partners with whom they can bid on these federal contracts. By using the other federal preference laws and regula18 FEBRUARY 2017 www.tribalbusinessjournal.com tions for guidance tribes and their wouldbe partners can create joint ventures that fully qualify for the preference and thereby force the GSA to fulfill this aspect of the Tribal Energy Act s promise to enable tribes to be meaningful players in meeting the United States energy needs. Energy development projects just like all tribal economic development should be implemented as part of a comprehensive strategy that stems from an effective strategic planning operational design managerial and negotiating maturity within its ranks and goal-setting process. For example tribal citizens may not understand the wisdom of partnering to develop off-reservation energy resources if they don t understand the obstacles to developing on-reservation resources and how over a longer term the off-reservation development is intended to build the capacity to develop on-reservation resources. Similarly the identification of job creation as a high priority for economic development will help to establish parameters for selecting projects that will build capacity for the tribe and employ tribal citizens. Capacity development within employable members is a must if projects like this are to be effectively and productively managed. The tribe s identified need to build managerial and technical capacity also will help in the selection of the proper development partner and work to ensure that the tribe truly owns and is not merely an owner on paper and actually controls the joint entity. In other words a tribe will gain little if any managerial experience and develop almost no technical expertise if it is being used as a rent-a-tribe that is merely window dressing and along for the ride in a venture that is actually controlled by the non-Indian partner. Likewise the joint company will not meet any objective test for tribal ownership and control if the tribe is being used as a front by a non-Indian company to gain the benefit of the contracting preference. Excluding the tribe from meaningful participation in the management and operation of the business should be avoided at all costs. By choosing a partner that is willing to help the tribe build its capacity a tribe ensures both the opportunity to build that capacity and that the joint company will in fact be qualified for the federal contracting preference. The Indian Energy Act preference provides a valuable economic development opportunity to all tribes even those tribes that do not DERRIL JORDAN own or cannot produce subWHO HAS BEEN stantial energy resources on REPRESENTING TRIBAL their reservations. Partnering GOVERNMENT FOR with non-tribal energy devel- NEARLY 30 YEAR IS THE opment companies can allow DIRECTOR OF NATIVE tribes to take advantage of the AMERICAN TRAINING preference in selling energy AND ECONOMIC products to federal agencies DEVELOPMENT but tribes must be mindful to AT STRATEGIC ensure that they have a genDEVELOPMENT uine ownership interest that WORLDWIDE AND CAN BE their management team is REACHED AT DERRILJ skilled and experienced and SDWNET.COM. that they actually control the jointly-owned entity. DON ZILLIOUX PH.D. IS As in all things careful THE CEO AND FOUNDER planning assurance that FOR STRATEGIC moving in this direction DEVELOPMENT serves the long term strategy WORLDWIDE AND HAS of the tribe and skillful nego- BEEN SERVING NATIVE tiating and drafting must be AMERICAN ENTERPRISES used to protect tribal interests FOR 30 YEARS. HE CAN and ensure the greatest possiBE REACHED AT DONZ ble benefit to the tribe. SDWNET.COM. TRIBAL BUSINESS ETHICS W Drill Baby Drill BY RANDALL SLIKKERS hile it is impossible to predict exactly what any new administration will do signs emerge on potential policy decisions and direction. PresidentDondald Trump s nomination of Rep. Ryan Zinke R-Mont. for secretary of the interior gives us some indication on his stand on energy policy in Indian Country. In May 2016 Rep. Zinke introduced legislation to form a committee of tribal and state officials that deals with mineral resource issues (H.R.5259 the Certainty for States and Tribes Act) to enhance tribal governments ability to control in regards to energy policy. We also know that Republicans in general are usually for deregulation. And who can forget the McCain Palin mantra Drill baby drill While none of these things can give us a guarantee on how things will shake out it would be imprudent for tribal governments not to engage in a very strong due diligence process on potential energy activity. The ability to harvest energy for profit falls under the category of economic development. As you are all aware the need for economic development across Indian Country is crucial. It will be a very tempting proposition given the potential for new revenue potentially a lot of new revenue. There are many large corporations that stand to profit from this as well as the tribes whose land contains these resources. I m sure they are refining their pitch at this very moment. It will be safe clean create jobs bring you lots and lots of money Just sign the dotted line and we ll take care of the rest Don t we all wish it was that simple. Of course it is not. The uranium drilling on the Navajo reservation comes instantly to mind. Decades of contamination and health problems are a content reminder of our need to incorporate a strong due diligence process to any decisions regarding energy policy on Indian lands. I ve talked about this before in past columns but the concept of 7-Generational Leadership is especially applicable in this scenario. It means looking deep into the future on how any major decision will not only affect the tribe its land and its members now but also several generations into the future. If tribal leadership only looks at the here and now the decision would be much easier. The allure of jobs for the members revenue to funnel towards tribal health and education along with the ability to show their constituents that they can get things done to help the tribe. However when we put the same decision into the longer lens of the future things look different. Jobs Almost all energy jobs are highly technical and require very specific education and experience. Most of those jobs will probably be imported. Dollars for health and education Fine but if the health and well-being (Navajo uranium) of future generations are adversely affected is the short-term gain worth it Getting things done and leadership It will be very easy to get a contract signed when outside companies who stand to profit come calling. Sure that is getting things done but is it true leadership Leadership by its very nature considers the future for all major decisions. However good leaders are willing to make decisions that may be unpopular in the moment but are done with the long-term interests of the Tribe in mind. The greatest threat during the decision-making process on energy potential will be lack of transparency. Making back room deals and not bringing all tribal members into the entire process is a recipe for unethical behavior. Think of all the bad decisions that have been made by the federal government due to lack of tribal consultation. We should never repeat the mistakes that have been done to tribes. We should expect and better still demand that the same process be held with the people of each tribe. Not only should there be a very comprehensive public discussion forum but experts should be brought in on both sides of the issue. Not just the energy companies and their promises but environmental groups and other tribes (i.e. Navajo) who have suffered from the lasting effects of bad energy policy. Don t decide and then try to sell it to your tribal citizens bring them into the decision-making in a very meaningful way with a very diligent and meaningful process. That is true leadership. Their mantra may be Drill baby drill. Our mantra should be Protect baby protect. RANDALL SLIKKERS MBA IS THE EXECUTIVE DIRECTOR OF THE CENTER FOR EXCELLENCE IN ASSISTED LIVING (CEAL). www.tribalbusinessjournal.com DECEMBER 2016 19 20 FEBRUARY 2017 www.tribalbusinessjournal.com ENTREPRENEURIAL SPIRIT PROFILE BRETT EVERTZ Beats the Odds BY CLARA CAUFIELD aving a Big Mac attack was not an option when Brett Evertz was growing up on a remote ranch on the Northern Cheyenne reservation in southeastern Montana. Satisfying that craving would have required an 80-mile round trip. Instead the burger fix came from beef that was raised harvested and prepared on the family ranch a process in which he was personally involved. The Northern Cheyenne tribal member seemed to be born and bred to be a cowboy learning a strong work ethic known as cowboy try. What are the odds of such a young Native American kid born and raised on such a remote lonely reservation outpost making assistant vice president of a large Montana regional bank at the age of 29 and earning a respectable living in a competitive and ever changing industry Moreover he has become a successful entrepreneur now having bought and sold three houses which he says has been a great investment opportunity. I bought my first house at 22 years of age which many people thought was crazy but now I am on house No. 3. Houses are good places to put your money Evertz says. He should know. Evertz was recently recognized as a top real estate lender by Big Sky Western Bank a division of Glacier Bank a 9.3 billion asset bank headquartered in Kalispell Montana. When I look at Brett all I see is passion. Passion for success passion to serve his clients and passion for quality. That is why Brett is such a valued member of our Big Sky Western Bank team says Jim Ness CEO and president of Big Sky which is headquartered in Bozeman Montana. The odds of Evertz s success are long and have been accomplished in an amazingly short time. It came from setting goals beginning at the age of nine when I was inspired by my parents and grandfather John Small Evertz says. Northern Cheyenne Real Estate Banker BRETT EVERTZ Brett the only son of Leslie Small and Chris Evertz could have been expected to assume the reins of a ranching empire. It was first carved out by Tom Small a Texas lawman who came to Montana in the late 1800s and married a Cheyenne woman. The initial ranch was later enlarged by much hard labor and sacrifice by Evertz s grandfather and parents. As a young man Evertz also contributed to that hard labor of love for the ranch. His parents sent him to the Hardin Public Schools off the reservation for a better academic opportunity. He endured a grueling two-hour daily bus ride. That was a good school offering many opportunities he says an honor-roll student selected for numerous academic and athletic awards. Evertz was a working cowboy when he was growing up and made it to the state rodeo finals during high school. He earned Brett Evertz a college rodeo scholarship for his roping skills. I was helped by a great quarter horse named Jet Smooth he modestly says. He looked to his grandfather for guidance and inspiration when he was growing up. John Small was one of the first Native Americans in the area to be elected to the board of directors for the Production Credit Association a primary USDA lending source for agricultural producers. Grandpa John always emphasized that stable financing is the key to ongoing business operations since the market fluctuates so much. He explained www.tribalbusinessjournal.com FEBRUARY 2017 21 ENTREPRENEURIAL SPIRIT PROFILE finance to me he says. That was fascinating. Thus at the age of nine he set his sights on finance then he wrote a touching essay about his grandfather s inspiration a subject some of his teachers found fanciful. I disagreed then and I disagree now he says. It is never too early to set goals--no matter how high--something I encourage all young people especially Native Americans to do. Later John Small was selected to the board of the Little Horn State Bank in Hardin Montana. To be closer to Brett team roping his family Evertz forwent a rodeo scholarship in North Dakota to enroll at Montana State University Billings. He gained an internship at Little Big Horn State Bank working his way through the ranks to become a real estate lender. The experience has served him well. During that time he was also a full-time college student earning high grades and graduating with honors. I encourage young people to seek internship opportunities he says. That will set you apart from the crowd when 22 FEBRUARY 2017 www.tribalbusinessjournal.com submitting resumes and let you explore different career opportunities. His mother also has been an inspiration. She gained a business degree in accounting working for much of his youth at a nearby coal mine. She returned to college when he was young and earned a master s degree in business administration. She then became chief financial officer for the Chief Dull Knife College on the Northern Cheyenne Reservation. Mom has always encouraged higher education and a strong work ethic. Though a professional she still saddles up to help on the ranch for gathering branding pregnancy testing and even feeding in winter frosty times he says. She is an all-around inspiration to all so necessary to any economic endeavor. She showed me what it takes to get a job done. His father a former top bull rider holds a degree in agricultural education and encouraged Evertz to consider options. He s now paying the physical price for such a dangerous youthful sport and years of brutal labor as a highly successful rancher. Ranching is a tough game and perhaps you are smarter than this looking at other opportunities he says of his father suggestion. Thus Evertz was inspired to go from an internship at Little Horn State Bank to work at several banks in the Billings area before being recruited to the very thriving Big Sky Western regional bank in Bozeman where he now makes his home and living. He has found professional and financial success off the reservation in the Gallatin Montana area a college town and gateway to Yellowstone Park that is recognized as one of the fastest-growing real estate markets in Montana. It is a real-estate boom area where the average house goes for 400 000. However as the heir apparent to a huge reservation ranching dynasty he believes that operation can one day continue with a qualified manager which he could closely superintend. I will never forget where I came from. I am grateful to my parents and my grandfather for encouraging me to pioneer my own path. CLARA CAUFIELD IS THE PUBLIC RELATIONS OFFICER AND A TRIBAL CITIZEN OF THE NORTHERN CHEYENNE NATION. SHE IS A FREELANCE WRITER WHO CONTRIBUTES A WEEKLY COLUMN TO NATIVE SUNS NEWS TODAY. www.tribalbusinessjournal.com FEBRUARY 2017 23 To Bid or Not to Bid That is the Question BY ADOLPHO VASQUEZ ne of my clients recently called and very excitedly relayed that he found the perfect solicitation and wanted to start putting a proposal together. He wanted my help to review the proposal to ensure he was reading it right. We set up a meeting that afternoon he emailed the solicitation number and I looked it up on FBO.gov. He arrived and we proceeded to review the perfect solicitation. Using an assessment tool from my procurement tackle box it wasn t long before my client s excitement joy and smile faded into surprise frustration and disappointment. I felt terrible but unfortunately that is something good advisors (like real friends) do. We are your advisor and in some cases also your business anchor. Bidding costs businesses three things time money and effort. There is a conservative rule that sets the cost for any proposal at 6 to 8 percent of the value of the proposal. In some cases it can be as high as 15 to 20 percent. For a small business that is a lot of investment risk. Many a time I have won the pot with four-ofa-kind. Very rarely have I won on a bluff. Using a bid-no bid tool can really help you make healthy and sound bid-no bid decisions. Using the rules of poker on a federal procurement proposal is not a good business practice Yet as a former procurement officer I received thousands of bids from small businesses that never made it past the first round of cuts. And what was even more disappointing was knowing that if the small business had known to split the pair they would have won. Knowing the rules of the bid-no bid process helps develop the strategy for also writing the proposal. But one thing at a time. The bid-no bid tool I use was presented to Procurement Technical Assistance Center advisors at one of our annual PTAC training conferences. The model I use can be found in a book entitled Government Contracts Made Easier by Judy Bradt. She gave the attendees at her training permission to use it to assist our clients. Though it is one of many bid-no bid models available it has been one of the lures in my tackle box that does not get rusty. Basically the first step in the bid-no bid process is to get the complete solicitation and read it cover to cover. This means all of the amendments LT. COL. ADOLFO VASQUEZ and instructions too. Though the scope U.S. ARMY RETIRED of work and deliverables should be in IS A PROCUREMENT part C of the schedule (FAR 15.204-1) TECHNICAL ADVISOR there are deliverables and requirements FOR THE NATIONAL in all sections of the schedule. There is CENTER FOR AMERICAN an art to deciphering a solicitation and INDIAN ENTERPRISE every business that wants to succeed in DEVELOPMENT federal procurement should learn and PROCUREMENT practice that art. Assistance and tested TECHNICAL ASSISTANCE methods for deciphering are available CENTER (NCAIED PTAC). ARE YOU PREPARED ARE ALL YOUR DUCKS IN A ROW 24 FEBRUARY 2017 www.tribalbusinessjournal.com ILLUSTRATION BY FILO FEDERAL PROCUREMENT through your local PTAC. Once all of the deliverables and requirements have been identified the bid-no bid assessment can be applied. Basic questions asked are Does the business have the ability to respond Does the background experience and overall technical capability meet the solicitation requirements Who is the proposed team and or personnel needed to support the effort Are they available Are they vetted What is going to be the price strategy Does the business have enough agency knowledge rapport to respond effectively Who is the competition Is the incumbent rebidding Is sole sourcing an option What market intelligence do we have on this effort Are the business resources both administrative and financial available to support a full court press If so are they the right resources Does the business have the facilities equipment and other logistics to support the effort Are they available for this proposal or are they at capacity with other efforts What is the honest and gut potential for a win based on an honest overview of the current business posture These questions are just the column headings. There are more details for each and facts to be assessed and weighted. The advantage of Judy Bradt s tool is that you assign a mathematical factor and weight ranking to each and calculate a factor that will immediately give you a bid-no bid position. As mentioned before it only took about 25 minutes of responding to the assessment tool questions before my client realized that the perfect solicitation was outside his grasp. Not because the business was not capable of performing but because the business was not ready to bid After we reviewed a few more factors affecting his ability to bid honestly we evaluated the business s position to bid on other solicitations. We were able to identify basic scope and dollar threshold limitations for near future opportunities. T Marijuana in Indian Country PART THREE OF A THREE PART SERIES BY ROBIN A. LADUE Reefer Madness Sovereignty and In the previous two parts of this series the advantages of developing hemp and marijuana as cash crops was discussed. In addition the uncertainty of such endeavors was explored. es based on hemp and marijuana involve cooperation and collaboration between state and local authorities. While tribes can claim sovereignty over their lands and economic resources this does not mean that sovereignty or treaty rights will be observed and respected by people in authority. In August 2013 James Cole authored and issued a memorandum for all United States attorneys. It reiterated that under the Controlled Substance Act marijuana is still considered a dangerous drug that serves as a significant source of revenue to large-scale criminal enterprises gangs and cartels. he Menominee and Santee Sioux tribes had plans for developing these resources. In 2015 federal and state officials raided and destroyed the Menominee crop. Also in 2015 the attorney general of South Dakota where the Flandreau Santee Sioux reservation is located placed charges against two of the consultants helping the tribe develop marijuana as an economic resource. However in various parts of the country particularly on the West Coast tribes are beginning to develop such programs. This article will detail how tribal entities are navigating the minefield and legal obstacles facing tribes. Ironically many of these obstacles are no different from those that faced the warriors of the fishing wars in the 1960s and 1970s and the never-ending attempts of federal state and local governments to disenfranchise and destroy tribal entities. So who are these tribal entities and what steps are they taking to develop marijuana and hemp as economic resources The first steps for the success of economic resourc- THE COLE MEMORANDUM INSTRUCTED DEPARTMENT ATTORNEYS AND LAW ENFORCEMENT TO FOCUS ON EIGHT PRIORITIES IN ENFORCING THE CSA AGAINST MARIJUANA-RELATED CONDUCT Preventing the distribution of marijuana to minors Preventing revenue from the sale of marijuana going to criminal enterprises gangs and cartels Preventing the diversion of marijuana from states where it is legal under law in some other states Preventing state-authorized marijuana from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity Preventing violence and the use of firearms in the cultivation and distribution of marijuana Preventing drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use Preventing the growing of marijuana on public lands and the attendant public safety and environmental dangers posed 26 FEBRUARY 2017 www.tribalbusinessjournal.com TRIBALNOMICS by marijuana production on public lands Preventing marijuana possession or use on federal land ANOTHER STATEMENT IN THE COLE MEMORANDUM STATED The August 29 guidance rested on the expectation that states that have enacted laws authorizing marijuana-related conduct will implement clear strong and effective regulatory and enforcement systems in order to minimize the threat posed to federal enforcement priorities. This memorandum does not alter in any way the Department s authority to enforce federal law including federal laws relating to marijuana regardless of state law. It was under the provision detailed above that federal agents raided and destroyed the Menominee Nation s marijuana growing project. The memorandum appears somewhat vague in what all of Cole s statements meant to Native tribes. However in December 2014 the Department of Justice released a memorandum written by director Monty Wilkinson. This memorandum reinforced the eight priorities of the Cole memorandum listed above. Wilkinson indicated that these priorities were to guide United States Attorney s marijuana enforcement efforts in Indian Country including in the event that sovereign Indian Nations seek to legalize the cultivation or use of marijuana in Indian Country. There are now more than 20 states that have either decriminalized or legalized marijuana. States such as Washington and Colorado are reaping enormous financial gains in increased tax revenues from the sale of marijuana. It is not clear however whether states are going to work with their respective tribes to allow them to develop marijuana cultivation and retail sales. WHAT DO THESE MEMORANDUMS ACTUALLY MEAN FOR MARIJUANA GROWING PROJECTS IN INDIAN COUNTRY There are several tribes as discussed in earlier articles that are considering developing and are actually writing memorandums of agreement. At a conference sponsored by the Tulalip Tribe in Western Washington held in February 2015 representatives from 75 tribes from around the country came together to discuss the pros and cons of marijuana cultivation and sales. Given that there are 567 recognized tribes in the United States this was only 15 percent of these tribes. Before the tribes became too optimistic that such growing projects would be protected under state laws it should be noted that there are as the Canna Law Blog described it things that tribes should do if they choose to have marijuana growing and selling projects on their lands. In July 2015 the Pit River tribe s marijuana program was raided for not adequately meeting the following basic requirements and actions as suggested by the information put forth in the same Canna Law Blog Ensure that all parties to the agreements are on the same page It is recommended that the tribes consult with local state and federal law enforcement officials before starting into a marijuana growing and selling operation. It was also strongly recommended that tribal members are also in agreement that such a project would move ahead. KNOW WHO AND WHAT YOUR PARTNERS ARE In the case with the Flandreau Santee Sioux growing project two of their consultants were charged in court with felonies related to their advice and support of the marijuana resort the Santee Sioux wanted to open. Due to the actions taken against their consultants and the overt racism and lack of support by the South Dakota state attorney general the tribe burned their own crop. In an ironic twist one of the concerns about growing operations is the need to ensure that there are no criminal elements involved in the grow operation. With a possible Trump presidency it should be remembered that he accused tribes of being involved with the Mafia as partners in their gaming operations. Jeff Sessions of Alabama who is being vetted for the position of United States Attorney General joked that he thought the KKK was good until he learned that some smoked marijuana according to testimony in 1986 when he was denied a federal judgeship. At this point it is not known what the stance of the United States will be for tribal growing projects. PROPER DOCUMENTATION AND PROPER TRACEABILITY SOFTWARE According to the information in the Canna Law Blog part of the difficulties leading to the destruction of the Pit River crop was the failure to adequately document and trace the crop inventory and shipping manifests of all its crop. The ability to demonstrate the growing and distribution of marijuana crops is crucial in meeting the eight priorities outlined in both the Cole and Wilkinson memos. The ability of one tribe to navigate the obstacles to develop a grow project doesn t mean any other one can do so. Each tribe will need to develop its own pathway through local state and federal laws to gain the ability to develop marijuana and growing projects. It is crucial to understand the political climate of all levels of government both in the prevailing laws about marijuana and in the attitudes of state attorney generals local and federal officials. As difficult as it may seem to navigate the labyrinth of rules regulations politics racism and overt and covert efforts to thwart tribal successes the economic stability and prosperity that such grow operations can bring given the success of states such as Colorado and Washington may well be worth the efforts. It is strongly recommended that tribes seek the advice and support of attorneys with a proven track record of working on behalf of tribes not strictly for their own enrichment. It is also recommended that tribal authorities have an intimate awareness of all local state and federal regulations and how enforcement agents interact with tribal entities. And most important it is crucial that tribal membership has a consensus that this is a road they wish to travel. On a final note one of the struggles that Native people are dealing with is the conflict between developing economic resources through marijuana growing selling ROBIN A. LADUE PHD and distribution and the push IS A RETIRED CLINICAL for sobriety in Indian Coun- PSYCHOLOGIST WHO try. It is a confusing situation IS THE AUTHOR OF and one that may well lead to THE AWARD WINNING some cognitive dissonance. JOURNEY THROUGH THE However at the heart of the HEALING CIRCLE AND matter is tribal sovereignty THE AWARD-WINNING and the rights of tribes to seek NOVEL TOTEMS OF their own independence and SEPTEMBER. SHE IS AN financial security and their ENROLLED MEMBER OF own destinies as nations. THE COWLITZ TRIBE. Standing United With PROTECTING TRIBAL SOVEREIGNTY One Voice AND INDIAN GAMING THROUGH CONSTANT EDUCATION BY ERNIE STEVENS JR. n Jan. 3rd the United States Congress swore in seven new members of the Senate and 55 new Members of the House of Representatives. On Jan. 20th our Nation witnessed the inauguration of the 45th president of the United States. President Donald Trump has nominated and Congress is working to approve 15 new cabinet officials and literally thousands of political appointees throughout the executive branch. 28 FEBRUARY 2017 www.tribalbusinessjournal.com TRIBAL GAMING WE HOPE THAT THE READERS AND EXECUTIVES AT THE TRIBAL BUSINESS JOURNAL our member tribes were encouraged to New policy proposals related to Indian affairs generally and Indian gaming speWILL ALSO WORK TO learn that North Dakota Senator John Hoeven will take the gavel as chairman of the cifically are expected to come with these SHARE THE FACTS committee and New Mexico Senator Tom changes and we anticipate an active year ahead. ABOUT INDIAN GAMING. Udall will serve as the top Democrat on Internet gaming has been part of the federal policy debate for more than 15 years and we fully expect it to return in the 115th Congress. The issue was raised during the nomination hearings for President Trump s attorney general Jeff Sessions. The 2011 Department of Justice (DOJ) opinion reversing its stance on the Wire Act reshaped the Internet gaming debate--and frankly many of NIGA s member tribes were concerned with the new position. The new attorney general has stated that he opposed the DOJ opinion when it was released and he promised to revisit the position. Regardless of what happens at DOJ we also fully expect Congress to continue the debate on Internet gaming. With the last Congress we saw conflicting efforts. One bill sought to federally authorize Internet poker while others sought to expand the Federal Wire Act s prohibitions. Through the work of our member tribes Indian Country has a sound seat at the decision-making table. We continue to stand behind our principles which require federal Internet proposals to respect Indian tribes as governments with equal access to customers wherever Internet gaming is legal and which protects existing tribal governments in exercising their rights in gaming under IGRA and tribal-state gaming compacts. With regard to Indian gaming we expect some changes at the administrative level. However I am confident that the incoming secretary of the interior will continue to work with and on the behalf of Indian Country to uphold the intent of the Indian Gaming Regulatory Act to ensure that Indian gaming continues to benefit tribal governments and Native communities. As of the writing of this column the Senate had not yet held the nomination hearing for Montana Rep. Ryan Zinke to become the new interior secretary. The statement that he made upon learning of his nomination showed all of Indian Country that the man understands tribal sovereignty and the solemn duties and obligations that he is about to incur. The tribes in Montana have supported his nomination and all Indian Country looks forward to getting to know him and to working with the new secretary. Finally there is change coming in Congress. The Senate Committee on Indian Affairs has primary jurisdiction over most Indian affairs related issues and legislation. NIGA and the committee. Both men are experienced in working with tribal governments at the state level as governor and state attorney general respectively. And both have strong track records of understanding tribal sovereignty and the well-established benefits of Indian gaming. To ensure that any proposed changes benefit our communities NIGA and our member Tribes will continue to tell our story and spread the truth about Indian gaming. NIGA has scheduled its 16th Winter Legislative Summit for March. We plan to remind the new members of Congress that the Constitution that they recently swore to uphold acknowledges that Indian tribes are separate sovereign governments and that treaties are the supreme law of this land. We will also remind them of the solemn promises that the United States made in those treaties. We hope that the readers and executives at the Tribal Business Journal will also work to share the facts about Indian gaming including the fact that our industry creates more than 600 000 direct and indirect American jobs annually generating tribal governmental revenue to improve the education health and safety of our communities. Indian gaming operations serve as anchors for tribal communities Indian Country-wide acting as economic catalysts purchasing local goods and services making vital contributions to our neighbors and stimulating diversification to non-gaming businesses. While our largest Indian gaming operations are located near urban centers the hundreds of rural Indian gaming operations are vital to the communities that they serve. In some cases these remote operations are the major employer in the region. Change is coming and we are prepared. We stand ready to fight back against any potential challenges and to make the most of prospective opportunities that surface. The success that Indian gaming has enjoyed over the past 40 years did not come from complacency. It was achieved through constant education vigilance and standing united with one voice to protect and strengthen tribal sovereignty. Our industry is battle-tested and I am confident that we will thrive in the face of change that will certainly come our way. ERNIE STEVENS JR. IS THE CHAIRMAN AND NATIONAL SPOKESPERSON OF THE NATIONAL INDIAN GAMING ASSOCIATION BASED IN WASHINGTON D.C. COVER STORY Otoe-Missouria Tribe Stable Tribal Government Fuels Economic Development Success BY LEVI RICKERT ne of 38 American Indian tribes in Oklahoma the Otoe-Missouria Tribe is based in a remote rural area called Red Rock. Being one of 38 tribes can John R. Shotton cause a certain amount of competitiveness when it comes to economic development-- particularly capturing revenue from casinos. www.tribalbusinessjournal.com FEBRUARY 2017 31 With the competition it was imperative for the Otoe-Missouria Tribe to look beyond gaming to build its tribal economy. Seven years ago the tribe established an online installment lending business to augment and diversify its tribal economy. Tribes have good ideas but lack the capital to invest in business enterprises says John R. Shotton who has been the tribal chairman of the Otoe-Missouria Tribe since 2007. Our casinos allowed us to have capital and banking relationships to begin our financial services. Our financial services business come in a close secTribal Council ond our casino revenue now. So it has been a huge success for the tribe. Shotton who grew up in his tribal community has led the changes and comes equipped with bachelor of business administration and master of public administration degrees from the University of Oklahoma. The tribe other business enterprises include a propane company and cattle ranch. The propane company allows for competitive prices for tribal citizens and businesses in the Red Rock area. The ranch covers over 900 acres and the herd has grown to 600 head of a blend of Black Angus cattle that go to market twice a year. The tribe has been working for the past two years to obtain a charter for a credit union that will open for business in early 2017. Shotton says for many in the tribal community the closest bank is a 30-minute drive. The credit union will allow tribal members and others in the Red Rock area to do banking right in their own community. Tribal citizens need to see outcomes of economic development efforts by the tribe. They need to see new jobs and other new opportunities Shotton says. I think in Indian Country letting that is the balance that local municipalities and government may not have to deal with. The outcomes have to be real not just hearsay. As tribal chairman Shotton spends about half of his time oneconomic development activities the rest is spent helping run the tribal government. I think it is important to maintain a stable tribal government so that economic development can occur. ... Our government is very stable which has allowed us to do what we have done with economic development successes states Shotton. Shotton discussed the tribe s economic successes and more in an interview with TBJ COVER STORY Prior to becoming chairman of the Otoe-Missouria Tribe what experience did you have that prepared you to improve economic development for the tribe While attending graduate school at the University of Oklahoma I was employed at the American Indian Institute as a program development specialist. My colleagues and I administered several federal and state contracts for the benefit of Indian communities throughout the United States. Being able to visit several reservations and communities throughout the United States and see firsthand what tribes were doing to improve their economic situation was very enlightening and beneficial to me. It provided some great insight into what could be done if your tribal government focused its efforts on economic development. On other side I saw some strategies that were not successful and tried to learn what obstacles and pitfalls to avoid along the way. Tell TBJ s readers about one major challenge your tribe had to overcome to become successful and how you got over it. Taking the risk to get started down a path of economic development and self-sufficiency was the largest challenge that I have witnessed during my tenure on the tribal council. A little over 10 years ago we developed the plans for our largest casino property First Council Casino. We put together a bank financed funding package of 30 million to construct and open phase a green field project. [Green field projects are initiatives that aren t related to previous activity.] The size and scope of that project at the time dwarfed any project that the tribe had undertaken on its own. After much study and debate on the potential risk versus potential reward for the tribe our Council at the time approved the financing package and construction contracts. Thankfully that project was successful and has led to several other phases of economic development at our tribe. That first step was somewhat scary but we haven t looked back since. Our tribal councils have been very supportive and have assisted our development authority to develop additional enterprises as well as to enhance our existing enterprises and facilities to address our competitors. As a percentage how much of your time is spent on economic development for the Otoe-Missouria Tribe I spend about 50 percent of my time focused on economic development. I would like to spend more however my other duties the tribal chairman require just as much of my attention. Economic development and tribal governance go together in my opinion. Rarely can economic development be successful if the tribal government is in chaos or is unstable. In my 10 years as tribal chairman I have been fortunate to work with several tribal councils that shared my commitment for increased economic development. With their help we have been able to provide a stable tribal government that has allowed our tribal development authority to pursue projects and expand our tribal economic base. It has been very helpful when we are looking for investment in our tribe. What has your administration done to create a business-friendly environment in your part of Oklahoma The tribal councils that I have had the pleasure of working with over the past 10 years work very hard to provide a stable reliable and strong regulaTribally produced tory and compliance environment. They have beef worked together with our development authority to create business-friendly laws and regulations that have allowed us to establish enterprises that lead us toward self-sufficiency. As a physically isolated tribe with a small land base this progressive thinking has been vital to our economic development success. What do see you as business opportunities for Indian Country I am heavily involved in how Indian Country specifically the Otoe-Missouria Tribe can be more engaged and diversified in the financial industries and markets. Some parts of www.tribalbusinessjournal.com FEBRUARY 2017 33 COVER STORY Indian Country have developed a tremendous amount of wealth through development of their natural resources gaming and other economic ventures. Most of us still depend heavily on non-tribal entities and systems to fund our projects invest our monies and to provide other financial services. I think that if Indian Country really took a close look at how much money we allow to leave our communities and or leave on the table by continuing to conduct business this way the numbers would be shockFirst Council Casino ing. There is no reason that tribally-owned financial institutions and financial service companies as well as Native American entrepreneurs and content experts couldn t fulfill some of these services. their own homes. Our financial services businesses help under banked consumers get the credit they need. To protect our consumers we have established regulations as well as a regulatory commission. In addition we use sophisticated technology and risk systems to provide safe secure credit to our customers even when they ve been turned down by others. Profits from our financial services businesses are used to fund social programs assist our elders provide housing fund public safety programs and programs for our youth. These companies are a vital part of our economic success and self-sufficiency. What does the Otoe-Missouria Tribe do to ensure it does more business with American Indian-owned businesses Working with American Indian-owned businesses is a priority for the Otoe-Missouria Tribe. Our TERO (Tribal Employment Rights Office) is instrumental in all construction bids at our tribal complex and American Indian vendors are preferred vendors for the tribe across all tribal departments. What new business ventures may the tribe become involved with in 2017 We have spent the past 24 months working to obtain a charter from the National Credit Union Association for the Otoe-Missouria Federal Credit Union. We hope to obtain our charter in the first quarter of 2017. I am excited about this new endeavor. The proposed credit union will be able to assist our employees and tribal members to obtain banking services. We will also be able to provide banking and financial services to our tribal government as well as our tribal enterprises. Banking and financial services is one of the cornerstones of any community. Pease tell us about the Otoe-Missouria Tribe s financial services. As a tribe with a land base located in a rural area far from any metropolitan area our economic development options have traditionally been limited. These businesses are online and allow consumers to apply from the privacy and convenience of 34 FEBRUARY 2017 www.tribalbusinessjournal.com What advice do you live by In any situation the results that you can expect to achieve are indicative of the effort that you put into it. Whether it is a conducting a ceremony starting a business or any other endeavor. You must put your best efforts forward and recruit the best individuals that you can to assist you if you want positive and sustainable results. TRADE ASSOCIATION PARTNERS American Indian College Fund T BY JANEE DOXTATOR-ANDREWS hroughout history higher education was reserved for the elite and BY JANEE DOXTATOR-ANDREWS excluded many based on gender religion race and economics. American Indians were no exception and often experienced harsh conditions. While the 20th century s social and economic changes helped to transform higher education into a gateway for women minorities and other classes only 1 percent of American Indians are enrolled in colleges and universities today. This poses a problem for our Native people in a society where higher education is thought to be a widespread commitment to equal opportunity and social mobility. Tribal leadership sought ways to improve the lives of our Native people and to create economically sustainable communities while preserving culture and language through education. Accepting the large undertaking in 1989 the American Indian College Fund (AICF) was originally founded in New York before relocating to Denver and raised financial support for tribal colleges and universities and for American Indian student scholarships. Tribal colleges and universities were and still are crucial resources that encourage Organization Location The Facts President Established Mission academic achievement cultural identity and create change in Native communities. In collaboration with the American Indian Higher Education Consortium the AICF leveraged donations to build and renovate tribal colleges and universities throughout Indian Country in the early 2000s and established the Sovereign Nations Scholarship Fund Endowment with the Shakopee Mdewakanton Sioux Community. The AICF also provides skills and training through its internship programs giving those students who face financial hardships the opportunity to explore their chosen career paths while earning a wage. In addition to student scholarships and internships the AICF also provides fellowships for educators seeking terminal degrees. Developing professional networks and confidence to enter the workforce or apply for graduate school has been significant for the AICF and the Native students and educators it serves. By its 25th anniversary the fund had exceeded limits and continued to rise. The nonprofit built intellectual capital of TCUs established scholarship funds created leadership programs and early childhood development centers as well as been awarded millions to support American Indian education. With its credo Educating the Mind and Spirit the fund is the premier scholarship organization for Native American Indian College Fund students. Providing schol8333 Greenwood Blvd. arships and support for the Denver CO 80221 nation s 34 tribal colleges Cheryl Crazy Bull the fund now receives top 1989 ratings as it provides more To transform Indian higher than 3 500 Native students education by funding and with scholarships annually. creating awareness of the Cheryl Crazy Bull AICF unique community-based President and CEO said accredited tribal colleges and The future is bright for universities offering students all of the students we serve access to knowledge skills and through the American Incultural values that enhance dian College Fund because their communities and the of our commitment to their country as a whole. successful attainment of their educational dreams. The Fund has been the nonprofit organization assisting Native people to realize their academic potential. Governed by a board of trustees comprised mostly of TCU presidents the AICF s drive comes from understanding where our Native people have been and where we are going. Today American Indians experience lower-than-average rates of higher education attainment at just over 13 percent as compared to 26 percent for other groups. Our expanded support of student success that includes mentoring internships career education and college readiness means more students are equipped to navigate the challenging environment of post-secondary education. Considering a changing political environment our dedication to the prosperity of this nation s tribal college and universities is even more important. We look forward to bringing more resources from our allies and supporters to the good work that tribal colleges do in our communities Crazy Bull said. Most recently the fund launched new programs to support student success from cradle to career. This includes early childhood education programs faculty development bridge programs from high school to tribal colleges and universities and to fouryear institutions internship programs and research and leadership grants. To date the AICF has awarded more than 93 million in support of scholarships and programs. The AICF says it wants to thank its supporters and continue to provide Native students with pathways to a culturally based higher education and success. For more information please visit www. collegefund.org. 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. www.tribalbusinessjournal.com FEBRUARY 2017 35 Strong Hearts to the Front Native Financial Services and the New Tribal Economy BY GARY DAVIS conomic self-determination lies at the core of tribal sovereignty. Unfortunately attacks on tribal sovereignty have left far too many tribes with far too little viable economic development options or opportunities. Geographic isolation access to capital and workforce development issues are all at the forefront as barriers to economic progress for many tribes. Enter tribal online lending. What you might not know is that some tribes are already major players in the rapidly growing online lending industry. In this sector tribal lending enterprises (TLEs) now represent 10 percent of a 20 billion industry. In the first five years of tribal online lending alone TLEs have provided consumers 4 billion in loans a growth rate that exceeds that of Indian gaming in the same time frame. A report cited by the U.S. Department of the Treasury estimates online lending will top 1 trillion in origination volume by 2050. Done correctly online lending and financial services truly represents the most significant economic development opportunity for Indian Country since the onset of Indian Gaming. With min- 36 FEBRUARY 2017 www.tribalbusinessjournal.com FINANCIAL SERVICES imum barriers to entry online financial services is an industry where virtually every tribe could participate. While the success of other avenues of economic development require large capital outlays tribal lending operations can be established at a fraction of the cost. Furthermore geographic location has no bearing on the consumer a loan generated on a remote reservation is the same as a loan originating from Wall Street. However misconceptions about tribal lending abound. Several high-profile cases involving dubious payday lending operations partnering with tribes with little tribal involvement or benefit in what has been dubbed rent-a-tribe operations have skewed the public perception of what tribal online lending truly represents. We believe there is a right and wrong way for tribes to engage consumers in the online lending space. Native American Financial Services Association (NAFSA) members offer small dollar short term installment loans. There is a difference installment loans are not payday loans. Installment loans typically are paid back in small increments over the course of six months to a year. Part of each payment goes to the principal and interest similar to a conventional car loan or home mortgage. Installment loans comprised an estimated 7 billion of the 27 billion small dollar loan industry in 2016. While installment loans are essentially structured like shorter-term conventional loans with higher interest rates to account for greater risk payday loans are intended to be repaid in full on the borrower s next payday with interest. Payday loans are often structured in a way that makes it nearly impossible to repay the debt on time allowing the payday lender to trap the borrower in a cycle of debt through renewals and fees. There is a clear difference between tribal installment lending and payday lending and NAFSA is working hard to change the public perception of what tribal lending is and the very real opportunity for Indian Country that it truly represents. FILLING THE COMMUNITY INVESTMENT VOID Nearly 90 million Americans are either unbanked meaning no one in the household has a bank account or underbanked meaning the person has a bank account but is unable to fulfill all credit needs with traditional bank products and services. For almost one-third of all Americans access to sufficient respected credit sources is a constant struggle. In 1977 the Community Reinvestment Act became law to combat this very issue. But it has failed. Since 2009 93 percent of bank branch closures occurred in zip codes below the median American household income. A 2013 report noted that the 23 largest banks in New York City with deposits totaling more than 590 billion combined invested less than 2 percent of their assets in a way that bene- fitted low- and moderate-income residents. Alternative financial services (AFS) exist to meet the needs of those left behind by traditional banking. AFS was an estimated 144 billion industry in 2016. Millions of Americans each year rely on AFS for emergencies special purchases and small business expansion. This is an often unknown but very real fact here in America. Tribal online lenders have stepped up to fill the void left by banks and even credit card companies. ONWARD AND UPWARD The future for tribes in online financial services is one that is unrivaled anywhere else in Indian Country. Many TLEs have taken steps to assume full control of their lending operations or have acquired their initial operational partners in a very short amount of time. Further as financial technology (fintech) evolves tribes are uniquely situated to be leaders in providing consumers online access to a variety of financial products including insurance home loans car loans and business financial solutions. However these innovations are a new frontier for the financial services industry as a whole--not just Indian Country. Just like any new industry or new business start up there are always challenges which await those seeking new opportunities. Yet tribes must be bold in their economic endeavours especially in the online lending sector which enjoys proof in concept and stands on the very same sovereign tribal economic structure and premise as that of Indian gaming. As tribal economic development evolves so will the attacks on sovereignty. We must be prepared to deploy all measures necessary in order to protect it--and we will. The facts are clear and the economic benefits of tribal online lending are already a reality for many tribes across Indian Country. What is unique in tribal online lending is there need be no land placed into trust no tribal disadvantaged status proven no grant written nor any of the other normal bureaucratic hoops that Indian Country so often has to jump through to engage in high level economic opportunity. Technology has leveled the playing field and placed before us an opportunity to engage in sustainable economic development which has already yielded a tremendous amount of self-sufficiency for tribes that otherwise would not be prosperous. Tribal self determination is being deployed and Indian Country is innovating and leading in the financial services sector. This makes good on what the great Oglala Lakota Chief Crazy Horse once said Weak hearts to the rear strong hearts to the front. GARY DAVIS (CHEROKEE) IS EXECUTIVE DIRECTOR OF THE NATIVE AMERICAN FINANCIAL SERVICES ASSOCIATION AND A MEMBER OF THE TBJ ADVISORY BOARD. 38 FEBRUARY 2017 www.tribalbusinessjournal.com PROFILE The sky s the limit BY KEREN MOROS PHOTOS BY EDUARDO SCHNEIDER hen Steve Bonner answered a classified ad looking for a night job installing slot machines in Colorado he figured it was a temporary fix that could pay the bills while he looked for a real job. But within a few months he gained a leadership position and never looked back. That was 25 years ago. Now he s still in the casino business as the president of Seminole Casino Coconut Creek. The casino is celebrating the fifth anniversary of its 150 million expansion that brought restaurants a parking garage more games and a concert pavilion. It s a far cry from the casino that Bonner first stepped into 15 years ago after he received an offer to run the casino from a former boss. Back then there were 700 of the same kind of slot machines and no restaurants. Bonner recalls seeing security standing at the door with their chests puffed up instead of being friendly. There wasn t even drywall he says. They had curtains. If you moved the curtains you would see insulation electrical wires and a metal wall. But Bonner saw the property s potential. So there were all these so-called negatives but the numbers were really good he says. So I sit there and Steve Bonner was like If they re doing these numbers with all this noise and negativity what s the potential of the place And I saw that potential as a chance to say Wow we can do something really cool here. Among the cool features Bonner www.tribalbusinessjournal.com FEBRUARY 2017 39 STEVE BONNER CONTINUES TO DREAM BIG AS THE PRESIDENT OF SEMINOLE CASINO COCONUT CREEK spearheaded were the promotions held throughout the years including Mini Cooper giveaways a giveaway of a watch once owned by disgraced financier Bernie Madoff and a trip to space (care of Virgin Galactic). His favorite was an oil The property features well giveaway. An oil well its share of quality was placed in the middle of restaurants including the casino and Dallas star NYY Steak Larry Hagman made an appearance. Though promotions are still an important piece of the business Bonner knows that the casino is a great product that sells itself. He s quick to point out that the reason for the success is its 1 800 employees. 40 FEBRUARY 2017 www.tribalbusinessjournal.com You build the philosophy around your people he says. You challenge them. You treat them with respect and honesty and integrity and they give it back. They give it back with the guests. They give it back with each other and with us. They take a lot of pride in being here. Besides picnics holiday parties and bonuses staff members have their own dining room with its own kitchen and culinary team. The casino also gives back to the staff with a fund that helps those who need a hand. We can t fix everything but we can provide you with an environment where you re appreciated where you re acknowledged Bonner says. And you don t have to worry that if something goes wrong in your life that somebody s going to get rid of you berate you or downgrade you in any way. The staff members in turn represent the casino and give back to the community part of Bonner s belief that the casino should be a good citizen. Over the years the casino has supported city of Coconut Creek organizations such as SOS Children s Villages Food for the Poor and Junior Achievement. The staff and children from SOS recently celebrated their Thanksgiving dinner there and the casino also hosted a dinner for veterans. As a corporate citizen the casino has an important relationship with the city PROFILE which is near Fort Lauderdale. For example the parking garage was built to green standards with solar panels and a water filtration system aligning with the city s core value of environmental responsibility. It s these community relationships along with the renovation that Bonner hopes make the casino a point of pride for locals. We don t have to have everybody enjoy gaming Bonner says. We want to be something for everyone though and that s why we built great restaurants and the entertainment piece of it. That entertainment has included celebrity appearances by the likes of Sophia Loren Don Rickles and Regis Philbin and Chazz Palminteri. Fine dining choices include NYY Steak and Sorrisi casual dining includes Fresh Harvest Nectar and Sunset Grill. The latter two feature live entertainment as does the Legends Lounge at NYY Steak. We take care of every guest every time Bonner says. They re here to enjoy themselves--to take away whatever it is that they re coming in for. We try really hard to provide that. My basic philosophy is Always happy never satisfied. We always want to do better. As good as we are as good as we can be we know we can do better. There s always another step we can take. Whether it s with the city picking up trash on the highway going over to SOS or just taking care of a guest here at the property. Moving forward Bonner is excited to continue to grow with Coconut Creek and see the evolution of the casino. There s always a new challenge he says. There s always a new restaurant or additional space. We just added a nonsmoking area. Maybe we ll add a nonsmoking casino at one point. The sky s the limit. It really is. ... We will evaluate opportunities as they come up for growth. But we don t need to go to that level to be excited about what we ve got. For today though Bonner says he couldn t ask for more. Beyond the daily grind of running a business Bonner knows he s selling a thrill to those who go to the casino for gaming as well as those who stop at a restaurant after work. Recently a few guests approached him and The casino before thanked him for a cruise its transformation that they won at the ca(inset) and the casino sino a few years ago. as it appears today [When you hear that] then you know you were successful not just in the standpoint of the money but you made a memorable experience which is really the business we re in Bonner says. Creating memorable positive experiences. PHOTOS COURTESY OF SEMINOLE CASINO COCONUT CREEK www.tribalbusinessjournal.com FEBRUARY 2017 41 PREVENTING WORKPLACE VIOLENCE What Employers Need to Know BY ROBERT DAHL bout 2 million people are affected by workplace violence each year according to the U.S. Department of Labor. This includes robberies and other crimes frustrated or dissatisfied clients and customers disgruntled co-workers or former employees or domestic incidents that move into a place of business according to the Labor Department. 42 FEBRUARY 2017 www.tribalbusinessjournal.com INSURANCE www.tribalbusinessjournal.com FEBRUARY 2017 43 INSURANCE Costs of these incidents are astonishing considering not only the physical damage but the emotional and psychological injuries that occur. As the program manager for AMERIND Risk the only 100 percent tribally-owned and operated insurance solutions provider in Indian Country I want to provide an overview about workplace violence and how to mitigate the potential for problems. Formed 30 years ago AMERIND Risk was created to protect Indian Country and is passionate about helping tribal entities reduce workplace injuries by providing educational resources and coverage to keep employees safe. It customizes insurance packages to individual tribes and tribal businesses including gaming operations after assessing safety but honoring culture and tradition. Workplace violence is violence or the threat of violence against workers according to the U.S. Department of Labor. These incidents can happen inside or outside the workplace and can range from threats and verbal abuse to physical assaults and homicide. The incidents can stem from various people including co-workers former employees clients customers patients vendors delivery people friends and family of employees or ex-partners. It can also come from criminals and terrorists. There are several different causes of workplace violence. Employee-related violence is caused when someone reacts to a trigger in a violent manner. These triggers are often related to something going on in the workplace. For example when a business struggles and needs to lay off employees those laid off can be angry and some could react violently. Employees who are fired for disciplinary or other reasons may also become violent--either at the time of firing or later on. Current employees who are warned about bad behavior 44 FEBRUARY 2017 www.tribalbusinessjournal.com ENCOURAGING EMPLOYEES TO LEARN CONFLICT RESOLUTION TECHNIQUES TO HELP DEAL MORE EFFECTIVELY WITH SITUATIONS THAT COULD ERUPT INTO VIOLENCE. may have a negative and violent reaction. Perceived unfairness could also lead to violence in some situations. For example a situation could arise if one employee was promoted over another who believed he or she deserved the promotion more. Either the promoted employee or the supervisor who did the promoting could be the target of violence. Identifying and responding to threats of workplace violence can help to prevent incidents. Some of the signs Coworkers customers or others who threaten to get even People who start blaming others for problems People who talk excessively about violence in the news in the movies on TV or about weapons People who hold grudges. Immediate threats to be aware of include Coworkers customers or others who make verbal threats or threatening moves People who raise their voice People who use abusive language Using the proper procedures for reporting threats or violent incidents will help mitigate a possible escalating situation. First remain calm and speak in a moderate tone of voice and show respect to people even when they become upset. Then focus on the problem by asking for details about the situation and going over possible solutions. If you still feel the person could become violent alert a coworker with a prearranged danger signal. Other tips include Reporting any threats of violence or situations in which you feel unsafe around another person. No action can be taken to prevent future threats if human resources doesn t know about the ones that have occurred. Not arguing with agitated people telling them they re wrong to be upset or raising your voice. Never respond to an angry person s behavior with anger. This will only escalate the situation and make it worse. Think about how you should respond in a potentially violent situation to help defuse the situation and protect yourself and your workplace. Other measures include Using security cameras silent alarms and other security equipment to protect employees. Keeping doors locked especially places where the public enters. Never let any unauthorized people enter the workplace. Keeping the workplace well-lit inside and outside to discourage crime and other potential violence and reporting any broken or burned out lights to maintenance. Establishing procedures for reporting problem behavior on the part of coworkers customers and others. Encouraging employees to learn conflict resolution techniques to help deal more effectively with situations that could erupt into violence. Think about these security measures in the workplace and how they help protect you from workplace violence. ROBERT DAHL IS THE PROGRAM MANAGER FOR AMERIND RISK AND HAS OVER 25 YEARS OF EXPERIENCE WORKING WITH TRIBES AND TRIBAL WORKERS COMPENSATION PROGRAMS. HE CAN BE REACHED AT (505) 404-5000 OR RDAHL AMERINDRISK.ORG. Value through Innovation Human Cloud Services SUPPORT MANAGEMENT DEVELOPMENT INSIGHTS MARKETING 541 278 8200 www.cayuse.tech www.tribalbusinessjournal.com FEBRUARY 2017 45 My Advertising is Working BY SCOTT PRICHETT How Can I Tell if e ve written before about famous retailer and advertising guru John Wanamaker s quote Half the money I spend on advertising is wasted the trouble is I don t know which half. This sounds like a guy who has a hard time telling if his advertising was working--or at least which part of it was working. Sound familiar 46 FEBRUARY 2017 www.tribalbusinessjournal.com MARKETING CORNER Gauging advertising effectiveness can be a challenge especially for those just beginning their advertising campaigns. Advertising is can be an expensive investment and deciding which advertising vehicles are providing a return on investment (ROI) is a key concern for tribal enterprises and independent tribal member-owned businesses in today s economic development landscape. Advertisers have tried hundreds of techniques to prove performance with physical coupons being the most evident one. Businesses have also tried to monitor advertising ROI with everything from celebrity endorsements ( Tell them XXX sent you ) to the infamous ( Mention this ad and get 10% off ) to the questionnaire or employee query at the door ( How did you hear about us ). There are lots of problems with the above mentioned tactical programs. Celebrity endorsements Very popular and can be incredibly effective. People like celebrities therefore the umbrella effect kicks in in which the consumer transfers part of that likeability to the product. Pat Summerall was a popular football player and sports announcer and was used by True Value as a celebrity spokesperson for over 20 years. He did indeed end his endorsements with Tell them Pat Summerall sent you But while certainly Pat s likeability helped build the True Value brand do you think anyone ever actually sincerely said at True Value Pat Summerall sent me They were a lot more likely to say Where are the hammers Then there s the practice of employees inquiring with customers as they enter the store or as they approach the register or even surveying as the customer leaves Where did you hear about us This bit of advertising effectiveness research needs to be eliminated as it has proven time and time again to not yield accurate data. There are several key reasons why this is true People don t need to remember what brought them in. People rarely remember where they saw heard read the ad--and it doesn t matter to the person at all where that was. Even if they DO remember people don t want to admit that advertising changed their behavior because it makes them look gullible. Even those who don t mind telling where they heard about the business may be mistaken but because they want to be helpful they say something...anything. The How did you hear about us question makes people uncomfortable. If you are doing this... don t. And then there s digital. Part of the explosive growth of digital is because of the metrics. Advertisers feel they can see how their digital ads are working with Google Analytics telling us total impressions engagement and time spent on each web page Cost Per Click (CPC) and Click Through Rates (CTR) and more. But here s one problem Only 8 percent of internet users account for 85 percent of clicks on display ads. Here s another Only about one out of every 1 000 digital ads is clicked. A small segment of the population like to click on ads says this research--even if they re not really a vi- able customer. They just can t help themselves. But even so very few digital ads are clickedby anyone. I m not saying digital advertising doesn t work--it does--it s just that anyone who knows anything about it knows that gauging effectiveness is much trickier than just the metrics. So how can you tell if your advertising is working There s only one way gauging sales. Do you get more inquiries about the products you are advertising Are the products that you are advertising increasing their sales Sales are where the buck stops no pun intended. Sales indicate that someone has a need or an interest in your product. Creating engagement and ultimately a transaction is the only way to accurately determine whether your advertising campaign is effective or not. Bottom-line sales are what you need to build your business The Marketing Circle is a monthly resource which exists to provide a greater understanding and insight into the complex world of marketing and advertising. Advertising professionals from Redline Media Group an award-winning a full-service Native American woman-owned creative marketing and advertising agency weigh in to share best practices guidance and expertise relative to a variety of topics in the world of branding marketing and advertising. SCOTT PRITCHETT IS BUSINESS DEVELOPMENT MANAGER AT REDLINE MEDIA GROUP A FULL-SERVICE NATIVE AMERICAN WOMAN-OWNED ADVERTISING AGENCY IN SOUTH FLORIDA. www.tribalbusinessjournal.com FEBRUARY 2017 47 IN THE NEWS PHOTO CORY LITTLEPAGE HEALTH CARE GROUP WINS PRESTIGIOUS HONORS REI Oklahoma s Native American Business Centers named Tribal Diagnostics the 2016 Minority Start-Up of the Year. Tribal Diagnostics offers advanced laboratory testing services including urine testing to aid medical staffers in substance abuse treatment along with providing key diagnostic information to assist health care professionals in preventing monitoring and treating diseases. Soon the medical laboratory based in Oklahoma City will add wellness and blood testing to its services. Just a little over a year ago CEO Cory Littlepage (Chickasaw Nation) founded the company after seeing a need for diagnostic testing in Indian Country. It secured a foothold in the marketplace due to the demand for services in the fight against opioid abuse in Indian Country. In 2016 Littlepage was a recipient of the NCAIED s 40 Under 40 award. For The Underbanked Portfolio Management Marketing Consumer Acquisition and Retention Customer Service w w w. M a c F a r l a n e G P. c o m Building A Bridge The only national organization dedicated to advancing Indian Country tourism across the United States. Cory Littlepage PEOPLE ON THE MOVE Associate administrator and senior executive service appointed by former President Barack Obama at the U.S. Small Business Administration Chris James has been named as the new president and CEO of National Center for American Indian Enterprise Development (NCAIED). In his previous role which he held for six years James oversaw the Office of Field Operations Office of Intergovernmental Affairs and the Office of Native American Affairs. JOIN US AND LEARN MORE AT WWW.AIANTA.ORG 48 FEBRUARY 2017 www.tribalbusinessjournal.com Chris James Prior to that he worked as the program manager at the U.S. Department of the Treasury. Chris James has the perfect combination of experience knowledge and personality to take the reins of an organization whose mission is to create economic opportunity for Indian Country said National Center Board Chairman Derrick Watchman. Mr. James has deep roots in Native American business and economic development and he has risen to become one of the most effective and tireless advocates for our communities while working in the highest levels of the federal government. He will now bring his skills to bear on behalf of the National Center as we approach our 50th Anniversary with a focus on growing the economic power of tribal communities. We look forward to formally introducing Chris at the Reservation Economic Summit (RES) Las Vegas in March. He has a B.A. in Communication Studies from the University of North Carolina at Wilmington and a Master of Entrepreneurship from Western North Carolina University. 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 Indian Legal Program CHEROKEE NATION TECHNOLOGY SOLUTIONS HITS MILESTONE The Tulsa-based Cherokee Nation Technology Solutions has entered a joint venture with the U.S. Department of Commerce s National Technical Information Service (NTIS) following a rigorous selection process. Founded in 2008 and wholly owned by Cherokee Nation CNTS provides expertise in tech support services. CNTS will work alongside other federal government partner agencies to enhance the NTIS ability to analyze develop implement and make federal data more easily accessible. Overall the partnership aims to use data to stimulate economic change and growth and job creation. CNTS is known for its technical expertise and ability to bring clarity and innovative approaches to complex issues. We look forward to leveraging this knowledge and experience to help NTIS meet a national data need said John Hansen CNTS operations general manager in press materials. For more information visit www.cherokee-cnts. com. TribalGovernmentandEnterprisePrograms StacyA.Sullivan CIC ACSR TribalSpecialist AccountExecutive Email Stacy JohnSullivanInsurance.com www.tribalbusinessjournal.com FEBRUARY 2017 49 IN THE NEWS WHAT S NEXT FOR STANDING ROCK The U.S. Army Corps of Engineers (Corps) is exploring alternative routes and seeking public comment for the 3.8 billion Dakota Access Pipeline to run underneath Lake Oahe. The Corps on Jan. 18 said it is launching an environmental impact study (EIS) that also will look at potential risks of an oil spill and the Standing Rock Sioux Tribe s water treaty fishing and hunting rights. Pipeline developer Energy Transfer Partners has asked a federal judge to block the study which could take two years some experts say. The developer says the pipeline is safe and wants to go ahead. Jan Hasselman staff attorney at Earthjustice the Sioux Tribe s legal representation said that President Donald Trump wouldn t be able to easily overrule the Corps decision to do a study. The Army made this decision after a long process working very hard with the tribes to understand the violation of treaty rights and historical conext. Is Trump going to tweak an easement Who the heck knows Hasselman said. What I would say is that we are still a nation governed by law and the White House doesn t get to reach out and reverse a thoughtful and well-considered agency determination. So if the incoming administration tries to do that the courts will be there to provide a backstop. The regulatory system for approval of oil pipelines is in serious despair which led to the DAPL meltdown he says. If you want to build a massive crude oil pipeline in America you don t need any single permit he said. There s no environmental impact analysis. There s no public process. Basically the only federal permit comes through the Army Corps and the Army Corps jurisdiction involves projects that touches water which is through the Clean Water Act. 50 FEBRUARY 2017 www.tribalbusinessjournal.com INDIAN GAMING TRADESHOW & CONVENTION INTRODUCES ADVISORY BOARD MEMBERS Ahead of Indian Nation s largest gaming conference which is held in San Diego in April the Indian Gaming Tradeshow & Convention announces advisory board members who will oversee the anticipated workshops. The theme of the 2017 convention and trade show is 184 Nations Come Together. The workshops feature 11 tracks casino operations leadership marketing women in tribal gaming cannabis policy iGaming and fantasy sports to name a few -- and are open to all levels of experience and expertise. The advisory board is comprised of movers and shakers in the gaming industry including tribal leaders gaming publishers and regulators. Advisory Board Members Victor Rocha Owner & Editor Pechanga.net & President VictorStrategies (Conference Chair) Wendy Anderson Chief of Staff BMM Test Labs Steve Burke Publisher Indian Gaming Magazine Sharon House Attorney State Bar of Wisconsin and member of the Oneida Nation of WI Jim Klas Founder & Principal KlasRobinson Q.E.D. Inc. Frank Pracukowski Consultant iGaming Capital Marcus Prater Executive Director AGEM Dan Savage Chief Administrator Officer Scientific Games Corporation Kate Spilde Associate Professor School of Hospitality and Tourism Management Endowed Chair Sycuan Institute on Tribal Gaming Dana Reynolds Director Marketing & Communications Aristocrat Technologies Inc. Russell Witt Director of Class II Operations and Business Development Ainsworth Game Technology (Associate Member Representative) Jodi DiLascio Director Tribal Gaming BMM Testlabs (Associate Member Representative) The four-day conference occurring on April 10-13 2017 will feature emerging innovative strategies to spur casino revenue said Ernie Stevens Jr. chairman of the National Indian Gaming Association in a statement. Registration begins Feb. 20 via www. indiangamingtradeshow. com. E SAVE TH E SAVE TH DATE as we discuss the DATE Please Join Industry Leaders Our Investment 300 Million to Improve Quality of Life for Native Americans Collaborating with 1 000 partners on 60 remote reservations we provide immediate relief and support long-term solutions for year-round impact. Tribal Cannabis Industry From Seed to Sale at the IST Annual NICC Tribal Cannabis Summit May 15-17 Washington DC www.niccunited.org To Register or for Sponsorship Information go to Your Investment Work with us to provide education and leadership development and champion hope for a brighter future in tribal communities. Serving Native Americans with the highest need in the U.S. Contact Mark Ford (214) 217-2600 x118 NativePartnership.org SPONSORED BY TRIBAL BUSINESS JOURNAL www.tribalbusinessjournal.com FEBRUARY 2017 51 IN THE NEWS IN THE NEWS NAVAJO BEEF FROM THE RANCH TO THE SUPERMARKET Texas food distributor Labatt Food Service and family-owned Bashas a grocer mostly operating in Arizona recently made a deal to begin selling Navajo American Beef. The high-quality beef is now available on Bashas shelves and in area restaurants. Organized by the Labatt Food Service the Native America Beef program employs 42 Navajo families from 23 ranches. Participants involved include the Navajo cattle ranchers the Office of Navajo-Hopi Indian Relocation Premium Source Cattle 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. AD 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. Labbatt Food Service Bashas Navajo Nation Hospitality Enterprises and the Navajo Nation Department of Agriculture. We d o work that m a t t e rs . AD www.kauffmaninc.com 52 FEBRUARY 2017 www.tribalbusinessjournal.com MARCH 2016 7.95 APRIL 2016 7.95 MAY 2016 7.95 JUNE 2016 7.95 JUL Y 201 6 7.9 5 D m ece ber 201 6 7 .9 5 THE 21S T-CENTURY VOICE FO R BUSINES S INVESTM ENT AND PROFITABL E ECONOM IC DEVELO S m e p te 201 ber 6 7 .9 5 THE 21ST-CENTURY VOICE FOR BUSINES S INVESTMENT AND PROFITABLE Transforming the Navajo ECONOMIC DEVE LOPMENT OPPORTU NITIES IN INDIAN Robert Joe PMENT OP PORTUNITI ES IN IND Gary Davis Tr think Be ibal Leaders yond Gam ing IAN COUN TRY Nation COUNTRY O c to ber 201 6 7 .9 5 THE 21ST-CENTURY VOICE FOR BUSINESS INVESTMENT AND PROFITABLE 7 .9 5 ECONOMIC DEVELOPMENT OPPORTUNITIES IN INDIAN Nov emb 016 er 2 16 be r 20 De ce m 7 .9 5 THE 21ST-C ICE FOR ENTURY VO BUSINESS INVESTMEN T AND Ja nu ar y 20 17 7 .9 5 THE 21ST- CENT URY FOR VOICE ES BUSIN S INVE STMEN AND February 2017 7.95 THE 21 ENT ST-C URY E VOIC FOR BUSIN ESS STM INVE ENT THE -CE 21ST ICE Y VO NTUR FOR BUSIN ESS INVE S NT TME THE 21ST- CE ICE Y VO NTUR U FOR B SS IN SINE VEST MENT AND P ECO ABLE ROFIT r ert Weave Rob NOM IC DE VELO PMEN T s logie chno tinues e Te n ayus owth Co C r Gr Y unt fo UNTR N CO the H INDIA Old IES IN cade TUNIT R OPPO A De AND PROF LE ITAB ECON OM Jr. tevens Ernie S nda Roseower t Shippen T AND P EC ABLE ROFIT ONO MIC DEVE LOPM ENT u In n IndIN INDIAN rican tio IES RT Ame nstruc UNIT TRY ong P CoT OPPO OUN th a Str Din ELOe MEN IAN C D IN IN How OpeMIC EV Ored ITIES sN LE EC RTUN TABPro PROFI OPPO ase nell Ch Ver E ECON PROFITABL OMIC DEVE IAN ITIES IN INDino s OPPORTUN rean Ca a Ko with an Dice g the Wom try TRY Rollin s COUN dian LOPMENT S.R. Tommie Sherry Treppa n vi y o ow KeTanlBrr The Wings of Success COUNTRY e Lending n of Onlin Champio COUNTRY e d th ehin aming an B Y G UNTR he M Indian T N CO INDIA e of IES IN Fac VE IC DE LOPM ENT OPPO IT RTUN h Healt Have Have Don t e If We lse Do W E What RY OUNT T OPP ORTUN ITIES IN IND IAN C THE 21ST- RY CENTU VOICE USINES FOR B -CE THE 21ST ICE FOR NTURY VO BUSINESS BUSINESS INVESTMEN ITA T AN an dian Wom erican In n Industry trongAm How a S in the Constructio Prospered TRY er IAN COUN ation lead ITIES IN IND Navajo N LOPMENT OPPORTUNth grow DEVE onomic ONOMue ECpursIC s ec BLE D PROFITA VELOPMEN T OPPORT UNITIES IN INDIAN CO UNTRY S TMEN INVES aylor Vernell ChasaeyeT Russell Beg T AND PROFI TABLE ECONO M ELO IC DEV PMEN It Starts Here www.tribalbusinessjournal.com FEBRUARY 2017 53 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 ENTU THE 21ST-C FOR RY VOICE INVESTMEN T AND PROF OMIC DE BLE ECON John Shotton Otoe-Missouria Tribe Chairman THE 21ST-CENTURY VOICE FOR BUSINESS INVESTMENT AND PROFITABLE ECONOMIC DEVELOPMENT OPPORTUNITIES IN INDIAN COUNTRY Growth Potential in Indian Country BY LEVI RICKERT POLICY NICC (niccunited.org) feels it is imperative that the language in current cannabis legislation is amended to include language carving out and recognizing the rights of tribes particularly as it relates to the Farm Bill for canna-agriculture. NICC s vision is to work with tribes to position Indian Country as a global agricultural hemp industry leader first and foremost by recognizing tribal sovereignty. Every tribe can have the opportunity to be involved in this industry but needs to cautiously work within a regulatory framework that protects tribal communities. By leveraging natural resources tribal land and labor force NICC recognizes individual tribal nations can work together to create regional grows and processing centers that one-day lead to global distribution of industrial hemp. BANKING The cannabis industry stands to learn a lot from how tribes have managed cash transactions in gaming particularly in states where cannabis is already regulated. The Controlled Substances Act prohibits banking institutions from handling cannabis related business. NICC sees an opportunity to follow the regulations tribes have created for gaming and work to use that expertise to manage cannabis banking. uring 2017 Forbes magazine projects the cannabis industry will generate 7.1 billion in revenue which represents a 26 percent increase from 2015. The sector is projected to reach 22 billion by 2020. To support this revenue employment in the cannabis industry will continue to grow. According to Marijuana Business Daily an estimated 100 000 to 150 000 workers were employed in the cannabis industry in 2016. Based on the six states that voted to legalize medical or recreational cannabis in November it is anticipated employment of cannabis workers and ancillary employment which includes lighting construction manufacturing and professional service firms will grow. With the 22 billion projected during the next three years the employment opportunities are primed to even soar. The National Indian Cannabis Coalition (NICC) led by Executive Director Jeff Doctor (Tonawanda Band of Seneca) is building a network for tribal leadership to work together share success and collectively advocate for parity in Indian Country. As part of its work NICC is monitoring the challenges facing the industry overall and as they relate to Indian Country. The challenges NICC prioritizes this year are policy and banking. While the NICC is monitoring the potential for Indian Country s involvement in the cannabis industry the change of presidential administrations may factor in heavily the direction the federal may allow tribes to participate in the industry. The nomination of Senator Jeff Sessions as attorney general placed a giant question mark over further cannabis developments in Indian Country. Sessions is on record as strongly opposing marijuana legalization and while states may be able to assert states rights as grounds for maintaining legalization within their states tribes do not have that luxury. Indian County is by definition federal trust land. There is significant risk that an Attorney General Sessions could revoke the Department of Justice memo that allows U.S. District Attorneys to make individual determinations regarding whether to enforce the Controlled Substances Act in Indian Country and replace it with a directive to enforce the CSA on all federal land including tribal land. Now more than ever Indian Country and the cannabis industry need to unite in support of legislation that provides parity for tribes seeking to enter the industry. Cannabis Offers Tremendous 54 FEBRUARY 2017 www.tribalbusinessjournal.com TRIBALNOMICS www.tribalbusinessjournal.com FEBRUARY 2017 55 CALENDAR February February 2 & 3 THIRD ANNUAL TRIBAL GOVERNMENT E-COMMERCE CONFERENCE SOVEREIGNTY AND E-COMMERCE INNOVATING AND RESHAPING THE BORDERS OF INDIAN COUNTRY ARIZONA STATE UNIVERSITY Wild Horse Pass Hotel & Casino Chandler Arizona REGONLINE.COM REGISTRATION CHECKIN. ASPX EVENTID 1891545 2017 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. February 16 Capital Hilton Washington D.C. TRIBAL INTERIOR BUDGET COUNCIL NATIONAL CONGRESS OF AMERICAN INDIANS WWW.BIA.GOV WHOWEARE AS-IA OCFO TBAC TBACMEETINGS INDEX.HTM February 13 Newseum Washington D.C. 2017 STATE OF INDIAN NATIONS NATIONAL CONGRESS OF AMERICAN INDIANS COMING UP March 13 16 NATIONAL RES RESERVATION ECONOMIC SUMMIT NATIONAL CENTER FOR AMERICAN INDIAN ENTERPRISE DEVELOPMENT Mirage Las Vegas Nevada WWW.NCAIED.ORG NCAI.ORG EVENTS 2017 02 13 2017-STATE-OFINDIAN-NATIONS February 13 16 Capital Hilton Washington D.C. 2017 EXECUTIVE COUNCIL WINTER SESSION NATIONAL CONGRESS OF AMERICAN INDIANS February 6 9 USET SPF IMPACT WEEK UNITED SOUTH & EASTERN TRIBES Crystal Gateway Marriott Arlington Virginia WWW.USETINC.ORG MEETINGSEVENTS April 10 13 NIGA INDIAN GAMING 2017 TRADESHOW & CONVENTION NATIONAL INDIAN GAMING ASSOCIATION San Diego Convention Center San Diego California INDIANGAMINGTRADESHOW.COM WWW.NCAI.ORG EVENTS 2017 02 13 2017EXECUTIVE-COUNCIL-WINTER-SESSION 56 FEBRUARY 2017 www.tribalbusinessjournal.com COMMUNICATIONS V Speaking to the New President BY GLENN C. ZARING isions of the biblical Tower of Babel have been floating through my mind as those of us in Indian Country think about just how we are going to be communicating with President Donald Trump. We re not even sure we are speaking the same language so just how are we going to communicate Let s break this down a bit. When you meet another group of people you first have to determine which language you will use for communication. If you don t do this just walk on by because you will be wasting your time. In Europe during the Cold War one of the first things we had to do when encountering folks was to decide which language we were going to use. Was it German French Spanish English Italian or some version of these Sometimes it would be a mixture of several different tongues. Imagine President Trump walking into a community center or chapterhouse of one of our tribal nations where the main language spoken was the language of that tribe For me the chances that he speaks Anishinaabemowin (Ottawa) are quite poor. Without a knowledge and respect of our language he will not have any understanding of our whole being as American Indians. You know what this means. Next are the cultural differences that can get in the way of communication. The first that comes to my mind is Dbaadendiziwin (humility). When we sit in the Circle we are supposed to be humble. We are supposed to honor the words of those in the Circle and listen respectfully. Not to be judgmental but I have a problem envisioning President Trump sitting in the Circle with humility while speaking with respect to our elders. Would he listen patiently while Aunt Katie spoke of her childhood Or would he honor the words of a tribal leader that was trying to get water out to his people on the reservation Would he heed the lessons of the pipe carriers or would he be tweeting on his iPhone We have a challenge in Indian Country right now. From the very beginning we need to establish a positive relationship with the new administration and common ground for communication. Think of the challenges. First we look at treaties as commitments to be upheld. Heavens knows we spend enough time correctly complaining about how treaties (with the politicians) have been broken with us over the years. We entered them with the intent to honor them and they entered them with an eye to how soon could they break them. President Trump is purportedly a good businessman. He brokers deals. Part of business activity is that once negotiations have concluded and a deal has been reached the deal agreed to is respected. He might bargain hard but he does reach deals which usually end up working well. Isn t that something that we ve been looking for all along Someone with whom we could honestly negotiate Someone who would respect our treaties once they are reached We can expect President Trump to bargain hard But we can bargain just as hard Which brings us to the next level. What do we bring to the table as tribal sovereign nations What would President Trump value from the tribes Fortunately this type of questioning is good for us as well. We need to look within ourselves and see what we really are what we need and what we do. This questioning could lead us to some good new paths. For an example look at the rest of the world including Europe South America and Asia. For many of these nations a prime industry is tourism. People pay to tour temples listen to educational lectures about the past eat native foods and meet real people from the area. It is called cultural tourism. When doing these tourist things naturally the visitors are not shown or told everything. ... We must have some secrets However the visitors are taught enough to have an appreciation of the culture. This appreciation goes home with the visitors and they will talk about it to their friends and what is important they will think differently about the Natives that they visited. This can translate into more tourists and even more opportunity. From our side one of our biggest challenges is keeping our culture alive. Through cultural tourism we can actually end up enlisting the help of visitors to keep our culture vibrant and appreciated. In Indian Country we complain about the Pretendians and how they give the wrong impression of our culture. So why not do something about it and share the beauty in such a way that it supports our true culture and provides funding for us as well. Bringing a potential growth industry with benefits for all to President Trump just might start us on a good path with his new administration. GLENN C. ZARING (CHEROKEE) The old path has IS THE FORMER PUBLIC AFFAIRS been trod ... and DIRECTOR OF THE LITTLE RIVER found wanting. It BAND OF OTTAWA INDIANS BASED IN is time for a new MANISTEE MICHIGAN AND OWNER way. OF TRIBAL PUBLIC AFFAIRS ADVISOR (TPA2). HE MAY BE REACHED AT PUBLICAFFAIRSADVISOR GMAIL.COM. www.tribalbusinessjournal.com FEBRUARY 2017 57 LAST LOOK A Purification drian Nasafotie (Hopi) is a master at Katchina art carving which begins with a rigorous selection of cottonwood and sometimes months of painstaking carving and drilling before the application of dazzling colors. Nasafotie s Purification won best of show at the 2016 Santa Fe Indian Market. The intricate piece is 27-inches tall and 10-inches wide. Nasafotie grew up in the villages of Moenkopi where he now lives and Shungopovi in northern Arizona. He made his first Katchina when he was only nine and learned how to carve by watching his uncles and his father. He takes great care to select the right piece of wood. It takes the right eye to see that final product before the right piece of wood is even considered he says on his website. One of Nasafotie s best-known works is The Quest a 57-inch tall work that includes three cliff dwellings that represent the three previous worlds of the Hopi. It took best of show at the 2009 Hopi Show. Nasafotie has been repeatedly recognized for his work in many art shows throughout the southwestern United States. His work is on display at The Museum of Northern Arizona in Flagstaff. Learn more about Nasafotie at his website www.adriannasafotie.com Hopi way of life 58 FEBRUARY 2017 www.tribalbusinessjournal.com www.tribalbusinessjournal.com FEBRUARY 2017 59 The leading developer of Native American forest carbon projects for the California carbon market. Our partnership with New Forests will provide the Tribe with the means to boost biodiversity accelerate watershed restoration and increase the abundance of important cultural resources. Thomas P. O Rourke Sr. Chairman of the Yurok Tribal Council This is an excellent opportunity for our Tribe to move ahead with economic development ventures and continue to improve our forest management systems. James Russ President of the Round Valley Indian Tribes Forest Carbon Partners has successfully registered the most projects to date on tribal trust and fee land. We have registered projects with the Yurok Tribe and Round Valley Indian Tribes and are currently developing projects with the Mescalero Apache Tribe and the Port Graham Corporation. We finance and develop carbon offset projects that deliver real financial value and support the forest management goals of our clients. CONTACT US 60 FEBRUARY 2017 www.tribalbusinessjournal.com 1 415-321-3300 carbon newforests-us.com forestcarbonpartners.com