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APRIL 2017 7.95 Jeff Doctor Creating the National Indian Cannabis Coalition THE 21ST-CENTURY VOICE FOR BUSINESS INVESTMENT AND PROFITABLE ECONOMIC DEVELOPMENT OPPORTUNITIES IN INDIAN COUNTRY 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 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. But CKP invests the The USDA Risk time to understand Management Agency your individual helps protect your needs and develop Pasture Rangeland a strategy that will produce the best and Forage (PRF) from coverage results. the elements. Contact your CKP Trusted Risk Advisor today. 877-CKP-INS1 (877-257-4671) ckpinsurance.com TABLE OF CONTENTS APRIL 2017 VOL.2 NO.4 16 6 8 13 20 Cannabis Quest Cover Story 42 Marketing Corner Utilize Customer Service Publisher s Letter Editor s Letter Insurance Feature 44 Tribal Gaming Historic Supreme Court Victory Tribal Gaming 22 Profile A Conversation with Richard Trudell 46 Contracting Where do we Begin 48 Trade Association Partners Financial Road Map 25 Financial Services Understanding our Value to Reclaim our Future 49 Law Indian Affairs 26 Finance Lending The Rise of Alternative Financial Services 50 Federal Procurement Taking Inventory of Your Business Is Your Baby Ugly 28 Organizational Development Learning how to be Effective 52 Business Ethics Ethical Ethos 30 Finance Fuel for Growth 54 Communications Racial Quandary 32 Finance Numbers Winning the Fixed Asset Game 56 In the News 36 Education Building a Strong STEM Dreamcatcher hanging in a forest at night 4 APRIL 2017 www.tribalbusinessjournal.com 38 Tourism Agritourism can Boost Economic Success 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 nstgermain rosettelaw.com 565 W. Chandler Blvd. Suite 212 Chandler AZ 85225 (480) 889-8990 (480) 889-8997 rosette rosettelaw.com 25344 Red Arrow Highway Suite B Mattawan MI 49071 (269) 283-5005 (517) 913-6443 kwichtman rosettelaw.com 1100 H St. N.W. Suite 400 Washington D.C. 20005 (202) 652-0579 (202 525- 5261 sbazzazieh rosettelaw.com PUBLISHER S LETTER I Publisher Sandy Lechner speaking at RES n March I had a few great opportunities to visit with some of Indian Countrie s most exciting Thought Leaders. I was invited to attend the AICC Meeting in Oklahoma City as the guest of John and Stacy Sullivan the owners of Sullivan Insurance one of the most prominent Insurance Firms serving Indian Country. The meeting was well attended and the excitement and enthusiasm for doing business together in Indian Country was in the air. TBJ was fortunate to have been distributed at this year s RES Conference in Las Vegas where we were a sponsor and I was able to address the conference at Wednesday s lunch. All I could think was What a difference a year makes. As we enter our second year of publishing TBJ we are all grateful for the friendship and partnership many have shown us in Indian Country. There are so many smart creative and powerful people in Indian Country and we are honored to be among those providing the engine for 21st Century Economic Development. Thank you to our advisory board members for providing guidance as we grow. And a special thanks to all of our advertisers especially our charter advertisers who have supported our collective dream vision and passion for bringing world-class media to Indian Country. We are committed to bringing you the best media in Indian Country every month as well as providing thought leadership with regard to progressive business and economic development. We will continue to grow our reach through the TBJ website Facebook page and weekly email newletter. We will also participate in and distrubute to every major organization and Thought Leaders All the best conference supporting Indian Country economic development. As always we welcome your thoughts comments and suggestions. We are always looking to grow learn and improve our product to better serve Indian Country. Sandy Lechner Publisher Sandy Lechner may be reached at slechner tribalbusinessjournal.com or 954.377.9691. 6 APRIL 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 Unparalleled Arctic capabilities As a company of the Ukpeavik I upiat Corporation (UIC) UMIAQ Design & Municipal Services has met the growing demand for services supporting natural resource and rural community development projects in some of the harshest environments on earth. Experts in Arctic design and consulting we address the unique challenges of conducting business in the Arctic to bring successful projects to remote regions. From our oilfield work to logistics support and construction administration our vast experience makes UMIAQ Design and Municipal Services the established resource for Arctic development projects. UMIAQ Design & Municipal Services LLC Master planning Comprehensive design Construction administration Project management & analysis Peer review & code analysis Conditions surveys Renovation and reuse A member of the UIC family of companies 907.677.8220 uicumiaq.com EDITOR S LETTER A Editor-in-Chief Levi Rickert (Prairie Band Potawatomi Nation) Self-Determination & Self-Governance Drive Economic Change in Native Communities couple of decades ago while I was serving as executive director of an urban American Indian agency I was asked to speak before a civic group in my hometown. My speech dealt with the problems that exist for urban American Indians. Intentionally my remarks did not mention Indian gaming because at that time the closest Indian casino was 90 miles away and therefore Indian gaming really did not apply to a significant number of tribal members to our local Native community. Immediately after my remarks the forum was opened to a Q&A session. Even though I never mentioned it the first question was about Indian casinos. I gave a brief overview of Indian gaming and its benefits to tribes that operated casinos. The man had a follow-up question You mean to tell us we let you guys decide what you want to do with all that money The second question brought some gasps and embarrassed looks in the packed room. The gasps were not simply a result of the question but the paternalistic tone in the man s voice. I remember grasping both sides of the podium because I was a tad taken back by the explicit nature of the man s question. I told him that we have some well-educated American Indians these days and we could make good decisions about financial issues. I thought about the man s question from two decades ago as I read the Access to Capital and Credit in Native Communities Data Review and got to a section that reads Research suggests that the real drivers of recent economic change in Native Communities are self-determination and self-governance or Indigenous control over Native Community resources programs government infrastructure and plans for the future. This portion of the report was taken from and properly cited from the Harvard Project 2008 Cornell and Kalt 2007. The report continues While economic factors such as high educational attainment access to markets and natural resource endowments also can contribute to development they tend to pay off after a Native nation has been able to bring decisions with local impact under local control and to structure capable culturally legitimate institutions of self-government that can make and manage those decisions. Self-determination and self-governance should be the aspiration and goal of every Native community because who better to decide what is in their best interests than American Indians and Alaska Natives. Armed with rich culture and resiliency Native communities can best decide their own destinies. However capital and credit are key components that fuel tribal economies. Fortunately self-determination and selfgovernance allows Native communities to decide where profits generated from Indian casinos and other tribal business enterprises can be best spent. The Access to Capital and Credit in Native Communities Data Review should be read by every interested party who seeks to progress economic development for Indian Country. Levi Rickert (Prairie Band Potawatomi Nation) Editor-in-Chief Levi Rickert may be reached at 616.299.7542 or lrickert tribalbusinessjournal.com. 8 APRIL 2017 www.tribalbusinessjournal.com www.tribalbusinessjournal.com APRIL 2017 9 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 Rob Jacobs rjacobs tribalbusinessjournal.com (Lumbee Tuscarora) Craig Waldman cwaldman tribalbusinessjournal.com Writers Saba Bazzazieh Rachel Cromer-Howard Gary Davis (Cherokee) Nanette Deetz (Lakota Dakota Cherokee) Janee Doxtator-Andrews (Oneida Nation of Wisconsin) Brian Kovacs Scott Prichett Eric Sherman (Flandreau Santee Sioux) Randall Slikkers Ernie Stevens Jr. (Oneida Nation) Adolfo Vasquez Glenn C. Zaring Donald 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. 10 APRIL 2017 www.tribalbusinessjournal.com www.tribalbusinessjournal.com APRIL 2017 11 TBJ ADVISORY BOARD Rjay Brunkow (Turtle Mountain Band of Chippewa Indians ) CEO Indian Land Capital Company 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 Jeff Doctor (Seneca Nation) Executive Director of the National Indian Cannabis Coalition 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 Gary Davis (Cherokee) CEO of NAFSA Native American Financial Services Association Roxie Schescke (Rosebud Sioux) President Indian Eyes LLC S.R. Tommie (Seminole Tribe of Florida) President Redline Media Group Mark Harding (Mashpee Wampanoag Tribe) President Mashpee Wampanoag Community Development Corporation Pamala Silas (Menominee) Executive Director National American Indian Housing Council Robert Weaver (Quapaw Tribe of Oklahoma) President RWI Benefits LLC 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 Karrie Wichtman (Sault Ste. Marie Tribe of Chippewa Indians) Managing Partner Rosette Law Dylan Jenkins Vice President of Portfolio Development Finite Carbon Ernie Stevens Jr. (Oneida) Chairman National Indian Gaming Association 12 APRIL 2017 www.tribalbusinessjournal.com INSURANCE HOW AMERIND RISK PROTECTS INDIAN COUNTRY AT A LOWER COST BY THE AMERIND RISK STAFF Safe Bet evenue sharing allows states to take a cut of tribal casino money without directly taxing tribal income. There is no reason for tribal governments and businesses to pay corporate insurance providers more in policy fees to compensate for state and local taxes. Instead tribes can save up to 15 percent with a tax-exempt insurance carrier. As the only 100 percent tribally owned insurance provider serving Indian Country AMERIND transfers its tax savings to its members in the form of lower premium payments. Tribes are finding it in their best interest to take control said Derek Valdo AMERIND Risk s CEO and 13-year Acoma Pueblo Council member. INSURANCE AMERIND will further demonstrate its devotion to protecting Tribal assets raising safety awareness in the workplace and home at the 2017 AMERIND Risk National American Indian Housing AMERIND Risk considers a tribe s key risks and designs an insurance program around those risks. Its property liability and workers compensation policies are uniquely crafted to protect tribal assets while taking cultural preferences into account and saving casinos substantial money. We ve saved tribes millions of dollars in insurance premiums that tribal governments businesses and enterprises would have paid somewhere else Valdo said. For instance one of AMERIND s largest policyholders a tribal casino saved nearly half a million dollars on its workers compensation premium annually when they made the move to AMERIND. Casinos spend more than half in operating costs on payroll and employee benefits. Finding a flexible insurer that provides gaming entities tailored culturally sensitive coverage and more financial freedom is key. As a tribally owned company AMERIND champions Native-owned businesses. It relies on tribal litigators encourages casinos to do business with Native-owned vendors and suppliers and AMERIND recommends Tribal Employment Rights Office (TERO) -certified contractors for property damage incidents. Direct assignment with an AMERIND-vetted TERO contractor saves tribal governments and businesses time and effort by eliminating the bidding process. Typically insurance companies just write checks Valdo said. We developed a direct repair program. Our higher mission is to keep tribal dollars in Indian Country. To keep premium payments down AMERIND emphasizes safety training and risk management including the imCouncil (NAIHC) Conference & Tradeshow June 27-29 in Nashville Tennessee. portance of training casino employees in emergency response nonviolent-intervention CPR Automated External Defibrillators (AEDs) techniques and more. Other services provided by AMERIND s safety team include ergonomic assessments and training staff to perform on-site inspections of property and equipment all at no additional cost through its Tribal Workers Compensation (TWC) program. In addition AMERIND Risk has recently been named an associate member of the National Indian Casino Safety Association (NICSA) in hopes of sharing its vast knowledge resources and expertise with other Tribal gaming operations. Casinos statistically experience some of its highest expenses from employee injuries on the job -- largely due to slips trips and falls on wet and uneven surfaces. That s why AMERIND educates its members to treat safety like a team operation encouraging proactive hazard resolution and safety leadership. When supervisors reinforce employee attention to safety with praise it not only boosts morale it keeps claims down said Robert Dahl For more than 30 years AMERIND has demonstrated an unwavering commitment to Indian Country. To learn more about reducing insurance expenses with AMERIND Risk or for a customized quote call 800-352-3496 or go to AMERINDRisk.org. AMERIND s TWC Program Manager. A comprehensive TWC policy includes benefits typically found in statutory workers compensation including medical and rehabilitation services wage loss and death benefits and an impartial dispute resolution process. Unlike statutory workers compensation however AMERIND s TWC program limits the fraud and abuse that s prevalent in state systems. By appointing seasoned tribal lawyers to cases and utilizing an arbitration format AMERIND helps tribes avoid lengthy court battles. It s a more informal process and it saves tribes considerable legal expense Dahl said. If an employee injury occurs AMERIND s Return-to-Work program offers relief to both the employer and employee and facilitates a smoother rehabilitation process. An employer can really control the indemnity cost-- the wage-loss piece -- of a claim by bringing an employee back to work and accommodating the restrictions set by a doctor Dahl said. AMERIND does more than protect Indian Country it gives back. AMERIND is more than just an insurance company. We support tribal organizations who serve Indian Country Valdo states. AMERIND will host its an annual golf fundraiser on April 27. The proceeds help uninsured tribal families whose homes have been devastated by fire or other catastrophes. Also benefitting from the 13th Annual Protecting Tribal Families Golf Fundraiser at Twin Warriors Golf Club at Santa Ana Pueblo New Mexico are the American Indian Cancer Foundation and the Coalition to Stop Violence Against Native Women. 14 APRIL 2017 www.tribalbusinessjournal.com 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. TribalGovernmentandEnterprisePrograms StacyA.Sullivan CIC ACSR TribalSpecialist AccountExecutive Email Stacy JohnSullivanInsurance.com ALSO rates have dropped again to historically low levels. It is a great time to refinance your existing Section 184 loans. Call 605.610.0106 or Email juel.burnette 1tribal.com CALL TODAY 1st Tribal Lending a dba of Mid America Mortgage Inc. NMLS 150009 (www.nmlsconsumeraccess.org) Arizona Lic BK 091759 licensed by the Department of Business Oversight under the California Residential Mortgage Lending Act Lic 4131103 and Finance Lenders Law Lic 603J732 regulated by the Colorado Division of Real Estate Illinois Residential Mortgage Licensee MB.6850057 Kansas Licensed Mortgage Company MC.0025093 Massachusetts Lic ML150009 Oregon ML-5045 Washington Lic CL-150009. www.tribalbusinessjournal.com APRIL 2017 15 Cannabis Quest NICC HELPS TRIBES MAKE INFORMED DECISIONS ABOUT CANNABIS HEMP INDUSTRIES BY KEVIN GALE rowing cannabis and hemp are potentially lucrative tribal endeavors but the field is full of red tape and legal landmines. That s where Jeff Doctor (Seneca) comes in. Doctor is executive director of the National Indian Cannabis Coalition (NICC) which helps guide Tribal entities through the challenges of entering the medical and recreational cannabis markets. NICC is also promoting efforts to turn hemp which has negligible THC into a commercial crop that could be used for a wide variety of industrial purposes. Like the financial services industry cannabis is seen as a potential economic boon to tribes who are not geographically situated to benefit from lucrative gaming operations. Forbes estimated that cannabis was a 7.1 billion industry in 2016 but could hit 22 billion in 2020. United States citizens are increasingly backing the field with 29 states having legalized medical or recreational cannabis. President Donald Trump appears open to allowing medical marijuana use but there are questions about whether Attorney General Jeff Sessions will crack down on recreational use. Doctor cofounded NICC in 2015 with his wife Allyson Doctor (Mohawk). Another key team member is general counsel Lael Echo-Hawk (Pawnee). Doctor with Allyson and Echo-Hawk adding a few comments talked with TBJ about how NICC can help Indian Country succeed in the cannabis and hemp fields. WHEN DID YOU GET INTERESTED IN THE FIELD OF CANNABIS AND HEMP Jeff Doctor I started following the industry in 2012. I started to see some states coming on line with medical programs. We put together a company to compete for state licenses. We formed our company (FirstWaves Wellness) and we went after state licenses in Illinois Nevada and New York. We obtained a license in Nevada in collaboration with a larger team but that license was never executed. Allyson Doctor Every state has created their own rules and regulations. Fitting in with those parameters was a challenge. It allowed us to be able to bring that experience to help educate Indian Country about what s required. Jeff Doctor When the Wilkinson and Cole memos came out at the end of 2014 it sparked the idea of what we could do for Indian Country to get into the cannabis industry. There is a rigorous very demanding process in the states. We wanted to bring our knowledge and experience and help guide people through the hurdles. 16 APRIL 2017 www.tribalbusinessjournal.com WHAT ARE YOUR BUSINESS STRATEGY AND FINANCIAL MODEL LIKE CURRENTLY AND HOW DO YOU EXPECT IT TO EVOLVE Jeff Doctor We have self-funded this because we believe in this industry and in advocating for the right for tribes to have the same rights as states to enter the industry. It is membership based and we have industry affiliates. WHAT S BEEN THE SPECTRUM OF REACTION IN INDIAN COUNTRY TO BUSINESS OPPORTUNITIES IN CANNABIS AND HEMP Jeff Doctor There was serious interest in the opportunity which was met with serious concern about risk. We based our mission off education advocacy and ultimately navigation of how to begin investing in the cannabis industry. When it comes to doing business in Indian Country it s a community-based effort. It has to be done in a way that s respectful to the community. We are doing tribal community meetings and education that places the people directly impacted in a position of understanding the difference between marijuana and hemp THC and CBD federal versus state regulation consideration. All of these things that are absolutely critical when beginning to approach regulation of cannabis on Indian land. WHAT HAS BEEN THE IMPACT FOR INDIAN COUNTRY OF THE JUSTICE DEPARTMENT ISSUING THE WILKINSON MEMO WHICH PROVIDED GUIDANCE TO U.S. ATTORNEYS FOR MARIJUANA REGULATION ON TRIBAL LANDS Jeff Doctor Those eight bullet points in the memo left open a lot of interpretation with tribes. It s also easy enough for the new attorney general to say It s just a memo and rescind it. It just gives uncertainty to where tribes fit in this space. In the two years since the memo was issued only two tribes have opened retail dispensaries and one tribe has opened a marijuana testing lab. Other tribes attempting to enter the industry faced state and federal opposition enforcement action or significant banking issues Jeff Doctor that prevented development. EchoHawk The only thing that is clear in this murky industry is that tribes located in states without any form of cannabis legalization are going to have to wait until their state legalizes cannabis before they can consider entering the industry. ATTORNEY GENERAL SESSIONS SEEMS TO BE A WILD CARD WHEN IT COMES TO LAW ENFORCEMENT AND CANNABIS. WHAT ARE YOUR THOUGHTS COVER STORY www.tribalbusinessjournal.com APRIL 2017 17 COVER STORY the growing of hemp it had a long history of use dating back to the days of English rule in Colonial America. George Washington wrote about growing hemp on his lands. Hemp is used all over the world for cloth food paper and more--lots more. Hemp is a very sustainable and efficient crop an acre of hemp produces more paper than an acre of trees. Most of the world still grows hemp including Canada England Australia France Italy Germany Poland Russia India and more. YOU HAD A RECENT MEETING WITH A MEMBER OF THE CONGRESSIONAL CANNABIS CAUCUS. TELL US ABOUT THAT. Jeff Doctor I had the opportunity to discuss the issues pertaining to Indian Country and the cannabis and industrial hemp industry with Congressman Dana Rohrabacher (R-Calif.) who is a member of the caucus. The caucus is a bipartisan group of Congressional leaders that are working together to bridge the gap between federal laws and state regulations. Congressman Rohrabacher was the keynote speaker at the California Cannabis Expo which was March 6 and 7 in San Diego. I also spoke at the conference about the issues facing Indian Country and the cannabis industry as it relates to the new administration their policies and the new attorney general s statements about federal enforcement. I reinforced the NICC s view on industrial hemp as an agricultural and economic development opportunity for Indian Country. Congressman Rohrabacher expressed interest in learning more about the use of industrial hemp as a commodity that can be emphasized in policy as it relates to seeking parity for tribes. We have an ally in Congressman Rohrabacher--he understands our mission. HOW MUCH OF THE WORK OF NICC IS FOCUSED ON TRIBAL BUSINESSES INVOLVING MARIJUANA VS. INDUSTRIAL HEMP Jeff Doctor We focus on cannabis legislation at the federal level however there is much to consider regarding the state regulations when we are working with individual tribes. The 2013 federal farm bill allows for research on hemp in certain states. Some states have passed industrial hemp pilot project programs. Other states have zero regulatory structure in place in which case our recommendation is not to proceed in any manner at this time. For example there is an industrial hemp pilot program in Kentucky and South Carolina. We have an opportunity to educate collaborate and work with tribes to develop an industrial hemp operation. The estimated financial benefit of developing a hemp-based industry could be a true game-changer in Indian Country which has access to large swaths of agricultural land. TELL US ABOUT THE CONFERENCE YOU ARE PLANNING IN WASHINGTON D.C. WHICH TBJ IS SPONSORING. Jeff Doctor We are in the planning stages. It s called the NICC Cannabis Summit. We will have industry leaders to discuss the tribal cannabis industry from seed to sale. It will provide a forum for tribal leaders who are facing similar issues in their communities. We encourage you to visit our web page niccunited.org to learn more about becoming a member or an industry affiliate. Allyson Doctor Echo-Hawk We just don t know what his position is going to be. There was a [recent] article where he said they were going to be enforcing marijuana law in an appropriate way. No one knows what that is but he is going to be enforcing marijuana laws differently than under the Obama administration. What we have been telling tribes now is to use caution Don t put a lot of investment in this industry until we know what s going to happen. Stay in close contact with your states and district attorney. It looks like the tribes in Washington state did a good job of working with state officials. I see two dispensaries have opened near Poulsbo. Jeff Doctor After the state legalized recreational marijuana the tribes worked collaboratively with the Washington state legislature and governor to create a legal and regulatory scheme that allows both tribal and state participants to move in and out of the state s regulated system. It s all about economic development job creation and tribal sovereignty. WHAT ABOUT YOUR EFFORTS ON NEW LEGISLATION Jeff Doctor Any cannabis-related legislation needs to include language that carves out and recognizes the rights of tribes particularly as it relates to the farm bill for canna-agriculture. NICC wants to ensure that Indian Country s sovereign right to participate in the cannabis industry is protected just as it is for states. We have been working on legislation regarding industrial hemp. We have been trying to work on the farm bill to get an amendment put in so it includes all federally recognized tribes. Until changing laws in the United States began to regulate 18 APRIL 2017 www.tribalbusinessjournal.com Holland & Knight provides high-caliber counsel to a wide range of Alaskan clients from leading energy producers to Alaska Native Corporations and tribes. We offer counsel on Corporate Services Corporate Governance Employment Law Real Estate Environmental Matters M&A Taxation Government Contracts Litigation Regulatory Matters www.hklaw.com Walter T. Featherly Partner Anchorage AK 907.263.6300 Copyright 2016 Holland & Knight LLP All Rights Reserved FEDERAL 8(a) CONSTRUCTION MADE EASY FOR INDIAN COUNTRY With over 25 years of experience within the federal construction market and over 15 years of experience within Indian Country Bold Concepts provides comprehensive construction support services for tribal organizations. We help to establish or enhance the capabilities of tribal businesses within the federal small business construction industry. Call or visit our website today to schedule a consultation. Bonding Enhancement Operations Development Leasing and Locating Personnel Direct Sales Efforts Gary Bailey Director of Client Development (301) 219-6125 GBailey boldconcepts.com Building on Reputation...to Build on Success 814 W. Diamond Ave. Suite 200 Gaithersburg MD 20878 (301) 258-8870 www.boldconcepts.com 2017 Bold Concepts Inc. All rights reserved. www.tribalbusinessjournal.com APRIL 2017 19 FOXWOODS RESORT CASINO TURNS 25 AND LOOKS TO THE FUTURE FOR GROWTH BY LEVI RICKERT Tribal Gaming cessful for our tribal citizens says Tribal Chairman Rodney Butler. It has been about building an economy that serves the tribal nation. Prior to our bingo and casino we were tapping maple trees to make syrup to sell as our revenue source. It has been a dramatic transformation for our tribal nation. We have come a long way. Butler says that the success came by tribal leadership including Chairman Richard Skip Hayward who dared to dream. No one imagined how successful gaming would be for our tribe. But I am thankful for true visionaries like Skip Hayward. He saw the vision through and turned his vision into Foxwoods. So I am honored to say our tribe was a pioneer in Indian gaming Butler says. Hayward tribal chairman for 23 years was the force behind the tribe gaining federal recognition in 1983. Three short years later Hayward and his staff opened high-stakes bingo on the reservation which made over 30 million annually. Hayward remained tribal chairman during the construction of Foxwoods. By the end of his tenure as tribal chairman in 1998 Foxwoods was bringing in more than 1 billion annually. Butler understands that Foxwoods cannot rest on its past successes. He realizes that today s tribal leadership must also be visionaries as they prepare for the future vitality of their tribal economies. We have had to weather increased competition and the downturn in the economy during the recession so we have had to look hard on what we offer so we can continue to grow says Butler. We have opened an 80-store outlet mall near Foxwoods. he Foxwoods Resort Casino marked its 25th anniversary in mid-February. During that week Foxwoods kicked off a year-long silver anniversary celebration offering free concerts by pop star Kesha and Motown great Smokey Robinson along with 1 million to Foxwoods gambling customers. Owned by the Mashantucket Pequot Tribal Nation the first phase of the Foxwoods Resort Casino was established in 1992 six years after the tribe s extremely successful bingo operation began. Foxwoods was the first full-service casino built on an Indian reservation in the United States. The success of Foxwoods led other tribes to begin to think about entering into gaming. Now 25 years later Indian gaming is a 30 billion industry with more than 200 American Indian tribes operating 460 casinos in Indian Country. Touted as the largest casino in North America the Foxwoods Resort Casino changed the landscape of southeastern Connecticut when it was built. Foxwoods offers a vast array of gaming in seven casinos AAA Four-Diamond hotels restaurants from gourmet to quick service world-renowned spas award-winning golf state-of-the-art theaters and exclusive retailers. As was the intention of the 1988 Indian Regulatory Act to bring economic development to Indian Country Foxwoods proved to be transformational for the Mashantucket Pequot Tribal Nation. The millions of dollars brought into the tribe from gaming revenue has provided career opportunities housing child care elder programs housing and educational opportunities for its tribal citizens. The casino has been incredibly suc20 APRIL 2017 www.tribalbusinessjournal.com Foxwoods has plans to expand on its original gaming roots and evolve into an experiential destination. People want more than simply gaming when they travel. Just as Las Vegas had to reinvent itself to include family activities we are always looking at ways to expand what we offer our guests Butler says. Sometimes growth involves thinkingoutside-the-box. Such is the case with an expansion Butler has been developing on behalf of his tribe with Chairman Kevin Brown of the Mohegan Tribe. While the FEATURE Mashantucket Pequot operates Foxwoods in Mashantucket and the Mohegan Tribe operates its Mohegan Sun in Uncasville Connecticut the two competing tribes have signed a joint gaming venture agreement to open a satellite casino to keep money in the state of Connecticut. The two tribes face competition from an MGM International Resorts casino now under construction and due to open in late 2018 in neighboring Springfield Mass. What is unique about the two competing tribes working together is the satellite casi- no would be a non-Indian gaming casino. A location has yet to be identified for the satellite casino but the tribes are looking at northern Connecticut. Given the intensified competition in the Northeast Butler says his tribe is looking to expand its gaming ventures in Biloxi Mississippi where the Mashantucket Pequot will partner on the construction and management of a Foxwoods-branded resort. Plans call for a 781 000-square-foot complex on 23 acres in historic Biloxi. The resort casino will have 50 000 square feet of gaming a 500-room hotel restaurants and shops. And if that is not enough the tribe wants to develop a resort casino on property it purchased in 2005 in St. Croix in the Virgin Islands. The tribe has already received permits to Foxwoods Resort Casino build a 600-acre resort and casino called The Mills which will include a 400room hotel a marina casino 160 residential lots condominiums two golf courses retail shops a convention center and botanical gardens. www.tribalbusinessjournal.com APRIL 2017 21 PROFILE A Conversation with NOTED INDIAN LAW AND POLICY EXPERT NANETTE DEETZ ichard Trudell is one of the most prominent legal leaders in Indian Country but beco ming a lawyer in the first place was almost an accident. I was one of the first groups of Native Americans who graduated from law school and the funny thing is that I never intended to be a lawyer says Trudell (Santee Dakota Sioux in Nebraska). I went to college primarily so I could play basketball and baseball at the college level. He enrolled in the University of South Dakota at age 17 but dropped out of college and joined the Navy for a three-year stint at the height of the Vietnam War. Afterwards he earned a bachelor s degree from San Jose State University and went to law school at the University of New Mexico. He finished at Catholic University in Washington D.C. While a law student at the University of New Mexico he participated in the creation of the American Indian Law Association. Trudell founded and served as the executive director of the American Indian Lawyer Training Program (AILTP) and its American Indian Resources Institute (AIRI). After establishing AILTP he also helped to create the American Indian Bar Association. Throughout several decades he has given time knowledge and influence to the development of Indian law and policy shaping tribal governance throughout Indian Country. Under his leadership AILTP and AIRI have published extensively about the role of tribal governments within the constitutional framework of the U.S. government. President Jimmy Carter nominated Trudell to serve on the national board of directors of the Legal Services Corporation (LSC) a federal entity established in 1974 by Congress to provide funding for legal aid programs across the country. I served four years on the LSC board during the Carter administration recalls Trudell. One of his fondest memories took Richard Trudell place in the late 1980s when he was asked by Senator Daniel K. Inouye (D-Hawaii) to bring together a group of tribal leaders to discuss the needs of Native communities to educate him about Indian Country and to participate in initiating a process for shaping a tribal agenda to address the many challenges facing tribes. Senator Inouye was so insightful and open to learning about tribes. It was an honor and pleasure to work with him. He was a good friend and mentor about the workings of Congress and I will always cherish the times I was in his company. We did over 20 tribal leaderRichard Trudell ship forums together across Indian Country and in the U.S. Senate Trudell says. At one of the tribal leadership forums held in Washington D.C. Inouye talked about the need for tribes to develop their own financial institutions. He cited his involvement in developing a small bank in Hawaii. www.tribalbusinessjournal.com APRIL 2017 23 PROFILE After giving thought to the senator s remarks I took on the task of organizing a small meeting of tribal leaders to explore the development of a native-owned bank. We had about 15 tribal leaders at the first meeting including Elouise Cobell Trudell says. The idea of establishing a Native-owned bank was well received and they held 11 more meetings to develop the Denver-based Native American Bank. Although the focus of Trudell s career has been primarily on a wide array of law and policy issues establishment of the bank is an example of his impact on economic development in the financial services area. In 2014 the Native American Finance Officers Association (NAFOA) honored Trudell with a Lifetime Achievement Award. The walls of Richard Trudell s home provide a glimpse into the many presidents senators and tribal leaders he has worked with during his career. Several photos feature the late Senators Inouye the Trump campaign it becomes pretty and Kennedy at various events and so- clear what his priorities are and who he cial functions. There are many photos listens to says Trudell. Living with uncertainty in a changof Trudell with Hillary Clinton from their work together. One photo shows ing political environment is not new to Trudell and Clinton with the late Wilma tribes Trudell says. Native communiMankiller the first female chief of the ties have always faced uncertainty when Cherokee Nation.. Another favorite is a it comes to their unique status as First Nations on this continent. Although family photo with Robert Redford. When asked about the new Trump we have many challenges ahead this administration Trudell had much to say is nothing new for us. Tribes need to about the uncertainty of the administra- unify around common concerns and tion and its possible impact on Indian speak with one voice when and where appropriate. Tribal leaders need to be Country. We know little about Trump s un- informed understand the challenges derstanding of tribes as sovereign gov- and look for new strategies for protecternments. It is really frightening when ing tribal homelands and improving the we look at Trump s various appoint- quality of life in Indian Country. ments to cabinet positions and their lack of experience in working with tribal gov- NANETTE DEETZ (DAKOTA LAKOTA CHEROKEE) IS ORIGINALLY FROM CROW CREEK SOUTH DAKOTA ernments. Also AND NOW RESIDES IN ALAMEDA CALIFORNIA. SHE IS A POET JOURNALIST EDUCATOR AND SOMETIMES when you look at MUSICIAN (RED BIRD GIVING BAND) WHOSE LATEST WORK RED INDIAN ROAD WEST NATIVE AMERICAN who underwrote POETRY FROM CALIFORNIA IS PUBLISHED BY SCARLET TANAGER BOOKS. E SAVE TH E SAVE TH DATE as we discuss the DATE Please Join Industry Leaders 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 SPONSORED BY TRIBAL BUSINESS JOURNAL 24 APRIL 2017 www.tribalbusinessjournal.com FINANCIAL SERVICES Understanding our Value to BY GARY DAVIS Reclaim Our Future ecently the Otoe-Missouria Tribe of Oklahoma purchased the MacFarlane Group a company headquartered in the Kansas City metro area nearly 300 miles from Otoe-Missouria lands in Red Rock Oklahoma. While tribes acquiring non-tribal businesses is nothing new the Otoe s investment in MacFarlane Group signals a burgeoning trend in tribal financial services--business model integration. MacFarlane Group had a six-year business relationship with American Web Loan a tribal lending entity (TLE) wholly owned and operated by the Otoe-Missouria Tribe. The MacFarlane Group provided underwriting software development marketing and call center support to the TLE. The acquisition is expected to result in the tribe s retention of a significant portion of revenues and shift additional jobs to tribal lands. Tribal online lending can be a complex and multifaceted labyrinth of federal consumer laws tribal codes and ancillary services like lead generation underwriting marketing call centers software and management. By learning from the mistakes made in other highly successful sectors in Indian Country tribal online lenders are integrating their lending models from top to bottom cutting out disadvantageous agreements with nontribal businesses and returning more profits to tribal governments and communities. TLEs currently comprise about 10 percent of the online installment loan industry at an estimated 320 million. One of our goals at the Native American Financial Services Association (NAFSA) is to aid our members in keeping more of their profits in Indian Country. Integration of tribal online lending begins at the tribal government level. Our members are encouraged to establish their TLEs through existing tribal T L E . Through this fusion NAFSA TLEs gain important control over critical intellectual property (like rate algorithms) customer service response and operations management. This equates to more jobs on tribal lands and more profits staying in the community. It is solely up to Indian Country to decide if we will succeed or fail. We must understand our value and use our strategic advantages to disrupt markets and build a better future for our people. NAFSA members are adopting the types of regulatory structures and business models necessary to innovate the online lending industry and safeguard our position as leaders and trendsetters. Profits from these TLEs are not used frivolously or simply focused on increasing returns for growing a single bottom line. Rather the revenues from TLEs have a triple bottom line as its profits go back to the tribal government to improve roads build schools and hospitals and provide much needed infrastructure and other essential services in the community. That is the type of self-sufficiency innovation and sophistication that is vitally necessary in order for Indian Country to take its place as standard-bearers in the modern economy. commercial enterprise laws. Next the tribal government passes a series of lending laws that closely mirror NAFSA s best practices and federal regulations which govern areas like truth in lending consumer protection and fair debt collection to name a few. Finally our members are instructed to create an independent regulatory commission to oversee consumer complaints and advise the tribe on improvements that can be made to the regulatory structure. A robust and modern regulatory structure is an essential protection against challenges to the sovereign status of TLEs and a credible and responsible way to garner consumer trust. To ensure the continued viability of TLEs and capture the highest returns from the business NAFSA members are buying out nontribal ancillary services and fusing each component into the structure of the GARY DAVIS (CHEROKEE) IS EXECUTIVE DIRECTOR OF THE NATIVE AMERICAN FINANCIAL SERVICES ASSOCIATION AND A MEMBER OF THE TBJ ADVISORY BOARD. www.tribalbusinessjournal.com APRIL 2017 25 T NAFSA The Rise of Alternative Financial Services A LOOK AT HOW TWO FINANCIAL ENTITIES HELP TRIBES FUEL ECONOMIC DEVELOPMENT BY ANDREA RICHARD It s really hard to have an economy without American Indian-owned businesses Davis says. We need those to grow and flourish within the boundaries of our reservations which are some of the most difficult areas in the United States to start and begin a business. In addition to Davis TBJ recently spoke to other leaders at NAFSA and Indian Land Capital. ONLINE INSTALLMENT LOANS MAINTAIN FINANCIAL HEALTH What we are looking to grow this space into each year is more and more revenue generation by a sector that has had incredible growth in just a five- or six-year span Davis says. It s trending at the same pace as gaming did in its early days. The beautiful thing about this is that our projections show this sector will exceed gaming. This is revenue with less than 30 tribes involved in this space [imagine] what it would mean if 40 50 60 100 tribes began to get involved. It would be phenomenal. And saturation of the market is a long way off in the business. There is plenty of opportunity here. That s one story of what [we re] doing to create a whole new economic sector in Indian Country. THE DEFAULT RATE IS SURPRISINGLY LOW Davis says that he s seen a default rate of 10 percent which he describes as incredible given the high-risk unsecured nature of these loans. I think that is a testament to how sophisticated our tribal lending entities have become in creating algorithms and using technology and innovation to make sure he financial lending industry is wide open in Indian Country and it is rife with potential and prosperity for tribes. For those tribal members with minimal assets turning to traditional lenders for capital is typically not an option. That s where the rise of alternative financial services comes into play. The Native American Financial Services Association (NAFSA) and Indian Land Capital are two organizations devoted to tribal financial needs and responsible lending practices. Formed in 2012 NAFSA represents an array of Native-owned fianancial services providers thus giving aspiring Native American entrepreneurs access to capital that otherwise wouldn t be available. NAFSA advocates for tribal sovereignty and tribal financial independence and its members provide online micro installment loans a space that is projected for growth. I think financial services is the future of Indian Country says Gary Davis executive director of NAFSA. I don t say that lightly or without much thought by our team and by all of those tribes that are involved in this space but I do not know of anything that has as much growth potential as this space does in any other sector of economic development in Indian Country. Indian Country financial services firms often help consumers meet the need for small loans. Micro loans are expected to grow to 1 trillion by 2050 according to the U.S. Treasury. A 2014 study by the American Financial Services Association found that 80 percent of installment loans amount to 2 000 or less. Rjay Brunkow 26 APRIL 2017 www.tribalbusinessjournal.com Blake Trueblood Gary Davis FINANCE LENDING NAFSA IS AGAINST PAYDAY LENDING PAYDAY VS. TRIBAL INSTALLMENT LOANS THE IMPORTANT DIFFERENCES their businesses operate effectively and efficiently in avoiding liability and risks. I think we are beginning to tell a story about how Indian Country really has opportunity in the financial services space in ways that it may have never even imagined. NAFSA HAS STRINGENT BEST PRACTICES FOR MEMBERS Blake Trueblood chief of staff at NAFSA says that All of our members are compliant with federal laws that apply to this space. Before anyone becomes a member or continues to be a member they have to certify that they are compliant with NAFSA s best practices. And that extends to their vendors as well. We hold our members feet to the fire in that if you are going to have a third party who is operating a part of your business then they need to be compliant to these best practices as well. NAFSA ADVOCATES FOR INSTALLMENT LOANS None of our NAFSA members do payday lending. We have a stringent best practice that absolutely advocates against payday lending Davis says. Now there are tribes that do payday lending. Our members do installment lending and they are very much two different things. the organization s vetting process and goodwill across Indian Country. NONTRADITIONAL LENDING SUPPORTS TRIBAL NEEDS When a non-Indian company wants to acquire land or start a project they have to pledge that land as collateral in order to obtain financing. This means that if the company doesn t make its payments the bank takes the land sells it on the open market keeps the money and says That s what you owe us. ILCC doesn t operate that way. There are three main reasons why we don t take land as collateral Brunkow says. The most important one is that we recognize the sovereignty of the tribe and we deal with them as a nation. So when Wells Fargo for instance lends money to a county or a municipality they do it on what is called a full faith and credit basis meaning that they take a general obligation from the county and the county says We ll make our payments and if we don t we ll raise taxes or do whatever we have to do to make the payments. And the bank says Good enough. We do the same thing with tribes as most lending entities would never consider doing that. STREAMLINED PROCESS MEANS LESS RED TAPE You can t look at a tribe as a corporation Brunkow says. We know through our experience how to drill down into those financials and make a quick determination as to whether for instance the tribe has 30 000 a month in proposed debt. We are efficient at figuring out whether that 30 000 is going to be an issue for the tribe to come up with every month. We are skilled at determining streams of repayment and making lending decisions. www.tribalbusinessjournal.com APRIL 2017 27 INDIAN LAND CAPITAL Indian Land Capital Company (ILCC) helps fuel economic development in Indian Country through nontraditional lending with a focus on land acquisition and tribal needs. ILCC was formed by the Indian Land Tenure Foundation and Native American Community Development Corporation in 2005. Cris Stainbrook (Oglala Lakota) and the late Elouise Cobell (Blackfeet) a banker activist and a 2016 recipient of the Presidential Medal of Freedom served as founding directors. The organization serves tribes or tribally-owned entities in acquiring land often found adjacent to their reservations or within the boundaries. Due to the associated costs of the underwriting process ILCC does not loan monies to individuals the loans it does provide must be a minimum of 350 000. The organization has raised 8.5 million in capital through a private equity fund made up of non-tribal investors such as Bank of America Wells Fargo Bank Ford Foundation among others. CEO and President of Indian Land Capital Company Rjay Brunkow (Turtle Mountain Band of Chippewa Indians) says he is in talks with tribal investors to join the equity fund. Unlike other financial institutions ILCC does not require the land to be used as collateral. Instead Indian Land Capital follows a full faith and credit lending model. Brunkow says none of ILCC s borrowers has defaulted a testament to ORGANIZATIONAL DEVELOPMENT Learning how to be effective By Donald Zillioux Ph.D. ry to answer this simple question How would you know at the end of the year that you had been effective The answer will be challenging if you pursue it honestly. Correctly it should be output oriented measurable and results focused with specific outcome statements baked into the answer. Take this challenge Go to your gaming or company floor ask the first employee you encounter the question about effectiveness then be quiet and wait. Measure his or her answer (or lack of one) against what you would like to hear. Is it specific is it measurable is it an outcome statement rather than an activity list Your competitiveness and people productivity solution is firmly encased within the answers that you hear. This is an opportunity to be open and curious. Remember our job as a manager or leader is to assure that our subordinates are effective. They can t be if they don t know what they are supposed to produce by when and how it will be measured. The answers need to be outputs and not inputs results and not activity. Imagine an organization where all employees top to bottom knew what their effectiveness was what their objectives were how and when they would be measured and were trained coached and led to achieving those objectives. Wow They couldn t be beaten competitively or profitably period. Given the current state of competitiveness among Indian gaming and regional commercial there is a greater emphasis on developing the human capital of these enterprises. It is no longer sufficient to simply have slots table games restaurants if a property wants to be a competitive powerhouse. Competitiveness is based on customer experience for both external and internal stakeholders. Ask yourself How many customers can you afford to lose per visit cycle how many internal customers (employees) can you afford to lose annually What attrition cost is acceptable what habits and assumptions need to be broken--you know the we ve always done it this way stuff The often-heard statement I ve been in gaming for 30 years I don t need to be told how to do my job is no longer a reasonable excuse. So let s ask how do we recruit new team members who can deliver on this lofty goal How high is our annual turnover by position and department Why is it so high Do we recruit for attitude and optimism or simply take the first folks who can be licensed Remember you can train someone on job skills but you can t create optimism and great attitude. Hire for attitude and optimism train the rest. How do you on-board those wonderful new recruits Do you familiarize them with the job the operation the history and values of the organization or do you simply throw them to the wolves and see just how long they will last How well are their direct supervisors trained to mentor effectively manage performance reprimand coach and catch the team member doing things right This is your opportunity to build esteem in individuals teams and units--the makings of great customer experience internal and external. How are your supervisors selected and trained How do they supervise themselves What are their measurable objectives--do they have the authority to do their jobs effectively What methods do you use to imbed high customer experience values into your organization How do you train manage measure and reinforce these values and objectives Remember competitiveness is as much a customer experience process as it is DON ZILLIOUX PH.D. IS THE an employee experience en- CEO AND FOUNDER FOR gine. The natural landscape STRATEGIC DEVELOPMENT is changing the ecology of WORLDWIDE AND HAS BEEN customer competitiveness has SERVING NATIVE AMERICAN changed. There will be early ENTERPRISES FOR 30 YEARS. adopters and there will be the HE CAN BE REACHED AT rans. Which will you be DONZ SDWNET.COM. ADVERTORIAL In place since 2000 the New Market Tax Credit program has been a complex but popular form of financing. The New Market Tax Credit program spurs investment into operating businesses and real estate projects located in low-income communities. New Markets Tax Credits are not designed to be a primary source of funding but they can be an excellent option to fill a gap in funding for projects that make economic sense. New Market Tax Credit net proceeds can fund up to 20 to 25 percent of a project and are paired with owner equity borrowed funds or other available tax credits and incentives. Historically the program has been relatively underutilized by tribal governments. Attractive New Market Tax Credit projects include health care clinics grocery stores manufacturing businesses schools and other infrastructure projects which directly benefit low-income communities. Gaming facilities are not eligible for New Market Tax Credit. The New Market Tax Credit program is managed by the Treasury Department. The Treasury Department distributes allocations to community development entities (CDE). CDEs are allocated credits that in turn are committed to eligible projects. They can consist of a division of state or local government a subsidiary of a financial institution a not-forprofit community development organization or a privately held organization. CDEs look to place credits into eligible high-impact projects. Baker Tilly has been involved with NTMCs since the program s inception in 2000. We have identified opportunities for more than 250 clients to use NMTCs across all industries. The projected value of closed transactions is in excess of 7 billion. NMTC allocated to our clients ranged from 5 million to 90 million per project. We have consulted with more than 75 CDEs in the successful deployment of more than 3.5 billion of NMTC nationwide. Baker Tilly sponsored CDEs have won and deployed more than 200 million of NMTC. With the program recently extended for another 5 years a significant runway exists for tribal governments to plan financing of projects around this program. Further information on how the NMTC works can be found at http bakertilly.com insights new-markets-tax-credit-program-how-it-works. To determine if your project is eligible for NMTC a mapping tool can be found at http bakertilly. com insights new-markets-tax-credit-and-low-income-housing-tax-credit-mapping-tool. If you have questions about how New Market Tax Credits can benefit your project please contact Joel Laubenstein at joel.laubenstein bakertilly.com or 512-975-7282. New Market Tax Credits as a growth vehicle for tribal economic development Getting projects to the finish line Connect with us bakertilly.com www.tribalbusinessjournal.com APRIL 2017 29 Access to Capital in Credit in Native Communities Report Native Communities Access to Capital and Credit in Fuel for Growth NEW REPORT SHOWS NEED FOR BETTER ACCESS TO FINANCIAL RESOURCES BY LEVI RICKERT ACCESS TO CAPITAL IN NATIVE COMMUNITIES IS A STORY OF A GLASS HALF FULL AND A GLASS HALF EMPTY ore work needs to be done to increase Native American access to capital and credit according to a new report by the Native Nations Institute based at the University of Arizona. The Access to Capital in Credit in Native Communities Report was commissioned by the U.S. Department of the Treasury s Community Development Financial Institutions Fund (CDFI Fund). To publicize its release the Treasury Department hosted the Native Access to Capital and Credit Roundtable in Washington D.C. in mid-February. The roundtable brought together professionals to discuss how to increase capital flow into Native communities. The comprehensive 112-page report examines data collected in American Indian Alaska Native and Hawaiian communities. The data review s three main sections describe access to capital and credit for Native consumers Native business owners and tribal communities and governments. Miriam Jorgensen research director of the Native Nations Institute and research director of the Harvard Project on American Indian Economic Development Harvard University authored the report. 30 APRIL 2017 www.tribalbusinessjournal.com Jorgensen discussed the report and its findings with TBJ. What are key takeaways you would like the reader of the Access to Capital and Credit in Native Communities report to get The key takeaway is that access to capital in Native Communities is a story of a glass half full and a glass half empty. Since 2001 there has been a significant expansion of capital available to Native Community residents Native entrepreneurs tribal enterprises and tribal governments for everything from credit repair and home purchases to business development and tribal government infrastructure projects. At the same time a variety of factors has led to increased real demand for capital and credit by those same players--so that the need for capital and credit in Native Communities may be greater than ever before. During the roundtable you said the good news is FINANCE the growth rates for Native Americans gaining access to capital are going up but the bad news is it will take 30 to 40 years for the population to catch up. What can be done to shorten the gap Mathematically the only way for Indian Country to catch up more quickly is for the growth rate of the U.S. economy to slow down or for the growth rate in Indian Country to increase. I don t think anyone--inside or outside Indian Country--wants the former to occur so the appropriate focus is on further boosting economic growth in Native Communities. As detailed in chapter 7 of the study report one of the most important steps a Native nation can take to increase economic growth is to create an institutional environment that supports the flow of capital. It can do this by creating an independent dispute resolution mechanism--typically a tribal court--capable of enforcing contracts and assuring fair treatment in matters of business law establishing a secured transactions code or more broadly a commercial code establishing and managing a clear boundary between business and politics and by creating a sensible regulatory environment one that protects the nation and its resources but doesn t inappropriately stymie economic development. In your opinion what is the single largest challenge facing Native communities is accessing capital In my opinion the greatest challenge is recognizing as my colleague Joseph Kalt has argued that limited access to capital may be a symptom of a problem rather than a cause. It can be a symptom of an institutional structure that does not support the flow of capital. Viewed that way a large challenge facing Native Communities in accessing capital is that of creating appropriate tribal governance legal and financial institutions. I would note however that not all challenges are internal to tribes. External actors--including various agencies and programs of the federal government and actors within the mainstream lending community--have erected real or perceived barriers to capital access for Native Communities. Lowering those barriers isn t something Native Communities or Native leaders or Native individuals can do alone. Those barriers can be lowered only as non-Native entities (and their staffs) become informed exercise their responsibilities toward Native Communities and get creative about how to serve this growing market. What steps are being taken to ensure non-Native decision-makers read the report First let me say that broadbased efforts are underway to ensure that the report is read by decision makers of all types. In particular the Community Development Financial Institutions Fund of the U.S. Treasury has been working with its Community Development Advisory Board on an outreach plan. The plan involves direct engagement by CDFI Fund personnel at meetings such as the Opportunity Finance Network (OFN) annual conference and the Reservation Economic Summit (RES). It also involves partnership with leaders from at least a dozen Native organizations who are working to disseminate the report to their constituents members and colleagues. Of course we re working hard at the Native Nations Institute to publicize the report as well. It s posted on our website (http nni.arizona.edu news articles access-capital-and-credit-native-communities). Our leadership speaks about it at meetings and conferences and we use it in teaching and training activities. As much as possible we re trying to put the report and its findings in the hands of decision makers and to assist them in using it in ways that can improve capital access. Focusing more specifically on non-Native decision makers the fact that the CDFI Fund has engaged its Community Development Advisory Board on dissemination is noteworthy. This 15-member group includes representatives from the U.S. departments of Agriculture Commerce Housing and Urban Development Interior and Treasury as well as from the Small Business Administration. It also includes representatives from mainstream CDFIs insured depository institutions and consumer or public interest organizations and several members with broadbased community development experience. In other words working with this group goes a long way towards making sure that non-Native decision makers in the public nonprofit and private sectors are aware of the capital access needs of Native Communities--and what their roles are in making change. www.tribalbusinessjournal.com APRIL 2017 31 G WINNING THE FIXED ASSET GAME BY BRIAN KOVACS aming companies are set up to make money. They take large short-term risks to turn long-term profits. Because of mathematical odds ownerships can calculate the range of profit potential down to the penny. This is the lifeblood of the business. Does this mean the house never loses Not hardly. In fact there is one game which is slanted against the gaming business - a fixed asset s life-cycle. What is this game and how can the house come out ahead Like any other game of chance the fixed asset game has a wager chance and a prize. THE WAGER Ownerships have several things they wager when it comes to fixed assets. First the amount of capital invested in the asset at day one. This value can differ in the future. Sometimes replacement costs depend upon where this asset is located. For instance if the chiller for a facility was installed during construction before walls and ceilings were in place it was a lot easier to set the chiller in the machine room. Replacement becomes a little more challenging and therefore costs more. Additionally if assets cannot be replaced during normal working hours then overtime expenses are incurred. WAGER REPLACEMENT COST ... Second there is an operational outflow of capital inherent in any asset. Even a chair could require extra service to keep it in satisfactory condition. My business partner saw one instance of chairs valued at 2 000 Numbers FIXED ASSETS Fixed Assets or Fixed Investments refer to physical assets such as buildings land machinery not destroyed or consumed during the production of a good or service. The lighting on the casino floor the air-conditioning system for the facility and even the chairs at the blackjack table all count as fixed assets. As soon as a fixed asset is put into service its life-cycle clock begins to tick. The operating conditions--whether it is heavy or light duty--will determine if the asset underperforms or outperforms the life-cycle baseline. This baseline is a direct result of the engineer s design and the equipment options chosen by the ownership. Once this asset is chosen and put into service this does not mean the life-cycle cannot be extended. There are many aspects to the fixed asset game where the operators and ownership have full control. It just takes a little attention 32 APRIL 2017 www.tribalbusinessjournal.com FINANCE each initially. The ongoing maintenance required to keep these chairs presentable was phenomenal--specialized cleaners conditioners for the leather and reupholstering were so expensive that it made sense to outright purchase the machine used to repair the chairs in-house. The operation s cost was much more than the initial purchase price. WAGER REPLACEMENT COST OPERATIONS COST ... Third and most important revenue risk. This is the most forgotten and hardest to calculate yet it s largest wager the ownership makes. Heating and air-conditioning units are not a very glamorous part of a facility but if they stop working the operation can grind to a halt. As a result the flow of revenue stops and also creates the potential for losses due to comped services or penalties that may be imposed. The impact of such an occurrence can lead to significant long-term consequences. Corporate contracts have been lost for good due to one minor out-of-service event. WAGER REPLACEMENT COST OPERATIONS COST REVENUE RISKED Why would anyone decide to start a gaming business The short answer is It is worth it. THE PRIZE The prize is worth it Happy long-term customers An environment where everyone from the head of the company to entry-level employees know they are giving best in class service Extended useful life-cycle of the assets Increased profit Paying attention to the fixed asset game is one of the keys to a successful operation. It is very difficult to be successful when assets are not working properly. Not only does this put the revenue at risk but repairs cost additional capital . Getting this asset game right is extremely beneficial. Luckily it is possible to gain a huge edge if you understand the odds and know how to work them in your favor. CHANCE THE ODDS We normally think of fixed assets in terms of two possible conditions in service or out of service. Either the asset is working or it is not working. Most assets have an entire range of conditions in between operation and non-operation. We just need to know how to pay attention to it. In horse racing past performance is used to determine probabilities of future race outcomes. The same can be done with assets if data is tracked properly. By using certain data points we handicap the assets by scoring their condition. All parties involved in managing the asset need to be given input. For instance in scoring an air handling unit (an asset responsible for delivering the conditioned air to a specific room or space) we would want to hear from the operation department to verify there isn t any noise or condition that makes this space hard to sell or occupy. From the engineering and maintenance department we want input as to what the maintenance condition is and whether they feel any failure is imminent. And finally the sales department can indicate if there are any important functions or groups on the horizon which will be occupying this particular space. If all parties are indicating strong issues and events in the future we may want to put this asset to the top of any repair list. In this way the operational risk of the fixed assets can be mitigated. There are many other useful data points. Temperature power consumption visual grading date of last repair number of repairs in the past 12 months and interval of preventive maintenance can all be pertinent to determining the risk being assumed. Fortunately advances in cloud-based and machine learning technologies make analyzing this glut of data much easier than in the past. Still it takes some time and effort to come up with a system that works for you. Once the system is in place it allows advanced analysis to discover financially feasible options to extend the fixed assets life-cycle. What s more you then have an automated benchmarking system in place to keep track of the progress and performance of any implemented options. It becomes a fully predictive and corrective fixed asset solution. MAKING CENTS OF IT Why would anyone want to go through all this extra work Why can t we just plug the asset in and forget about it Because losing money hurts Beyond that making business decisions without knowing this information is just like gambling. Like the adage the house always wins equipment BRIAN KOVACS IS A CONSULTANT WITH ROI NUMBERS LLC WHICH assets eventually always fail. HELPS IDENTIFY PROPERTY FIXED By paying attention to the changing probabilities you have control over how INVESTMENT RISK AND ASSISTS much revenue you are willing to bet by OWNERS INVESTORS AND ONSITE PERSONNEL TO MAXIMIZE THE ASSET mitigating the failure and the associated POTENTIAL. CONTACT HIM AT revenue at risk. This is how the house can BRIAN.KOVACS ROINUMBERS.COM consistently come ahead in the fixed asset game. INDUSTRY LEADERS FINANCE Alaska Growth Capital Logan Birch President CEO Alaska Growth Capital 3301 C St. Suite 100 Anchorage AK 99503 lbirch alaskagrowth.com (907) 339-6760 Bank 2 Ross Hill CEO 909 S. Meridian Oklahoma City OK 73108 rosshill bank2.bank (405) 946-2265 Bank of America Merill Lynch Dawson Her Many Horses Vice President 300 S. 4th St. 2nd Floor Las Vegas NV 89101 dawson.hermanyhorses baml.com (702) 824-9032 Beacon Pointe Advisors Mike Breller Managing Director 24 Corporate Plaza Drive Suite 150 Newport Beach CA 92660 mbreller bpadvisors.com (949) 718-1602 BOK Financial Steven G. Bradshaw President and CEO One Williams Center Tulsa OK 74172 sbradshaw bokf.com (918) 588-6000 Derivative Logic Jim Griffin Managing Director Founder 1855 San Miguel Drive Suite 6 Walnut Creek CA 94596 jgriffin derivativelogic.com (415) 510-2100 First Nations Oweesta Corp. Michael Roberts President 2432 Main St. Longmont CO 80501 mroberts firstnations.org (303) 774-8838 FS Advisors Nancy Lowrey President & CEO FS Advisors 110 Brookwood Road Atmore AL 36502 nlowrey fsadvisorsinc.com (251) 459-6915 Joseph Eve Joseph P Eve . Managing Partner 401 N. 31st St. Suite 1600 Billings MT 59101 joseph.eve josepheve.com (406)727-1798 JPMorganChase Steve Luttrell Senior Vice President Native American Banking Group 201 N. Central Ave. 21st Floor Phoenix AZ 85004 nativeamericanbanking jpmchase.com (602) 221-2394 KeyBank William Mike Lettig Executive Vice President Native American Financial Services 601 108th Ave. NE Bellevue WA 98004 William_M_Lettig KeyBank.com (425) 709-4503 National Association of Buyers Agents Shannon Loeve Senior VP and Chief Lending Officer 999 18th St. Suite 2460 Denver CO 80202 (720) 963-5528 Native American Capital Marco Rubin Managing Director 400 N. Washington St. Suite 106 Falls Church VA. 22046 mrubin exoventure.com (703) 533-3133 Native American Financial Services Association Gary Davis Executive Director 444 N. Capital St. NW Suite 605 Washington DC 20001 gdavis nativefinance.org (202) 753-0300 Native American Fund Advisors R. Brett Kramer Managing Partner 233 South Detroit Ave. Suite 100 Tulsa OK 74120 bkramer indianfundadvisors.com (918) 582-9823 David Poarch Managing Partner Native American Fund Advisors 233 South Detroit Ave. Suite 100 Tulsa OK 74120 dpoarch indianfundadvisors.com (918) 582-9823 Native American Venture Fund John Cataldi Managing Partner Native American Venture Fund 30 Wall St. 8th floor New York NY 10005 jcataldi nativeamerican venturefund.com (212) 634-4300 Pinnacle Bank David Burrell CEO and Chairman of the Board Pinnacle Bank 2206 South Center St. Marshalltown Iowa 50158 dburrell pinnaclebank.com (641)752-2393 PNC Bank Russ Liebetrau Senior Vice President & Group Manager PNC Bank 300 Fifth Ave. The Tower at PNC Plaza Pittsburgh PA 15222 russell.liebetraujr pnc.com (248) 729-8586 Providence First Trust Company Stephen Fuller Vice President Providence First Trust Co. 8840 East Chaparral Road Suite 250 Scottsdale AZ 85250 trusts providencefirst.com (602) 952-2300 Robert W. Baird & Co. Joseph S. Hoon Director-Private Wealth Management Robert W. Baird & Co. 1400 Rocky Ridge Drive Suite 250 Roseville CA 95661 jhoon rwbaird.com (916) 783-6518 Russell Investments Eric Macy CFA Managing Director Russell Investments 1301 Second Ave. 18th Floor Seattle WA 98101 emacy russellinvestments.com (855) 771-2966 Sage Capital Advisors John E. Duffy Managing Principal 4445 Willard Ave. Suite 730 Chevy Chase MD 20815 jduffy sagecapllc.com (240) 428-3261 Skyview Investment Advisors Larry Chiarello Partner and Portfolio Manager 595 Shrewsbury Ave. No. 203 Shrewsbury NJ 07702 dcampbell SKYVIEWadv.com (732) 936-2880 TFA Capital Partners Kristi Jackson Chairman 400 Continental Blvd. Suite 320 El Segundo California 90245 kjackson tfacp.com (310) 341-2335 Travois New Markets Elizabeth Bland Glynn CEO 310 W. 19th Terrace Kansas City MO 64108 elizabeth travois.com (816) 994-8970 USI Consulting Group William M. Tremko President & CEO 95 Glastonbury Blvd. Suite 102 Glastonbury CT 06033-6503 information usicg.com (860) 633-5283 Wells Fargo & Co. Cora Gaane VP-Tribal Advocate and Senior Relationship Manager Wells Fargo Bank 420 Montgomery St. San Francisco CA 94104 gaanec wellsfargo.com (909) 481-6515 Baker Tilly Alan Whitman Chairman and CEO Baker Tilly 205 N. Michigan Ave. Chicago IL 60601-5927 alan.whitman bakertilly.com (248) 368-8833 BDO USA Wayne Berson CEO BDO USA 799 9th Street N.W. Suite 710 Washington DC 20001 wberson bdo.com (703) 336-1400 BKD CPAs & Advisors Ted Dickman CEO 201 N. Illinois Street Suite 700 P Box 44998 .O. Indianapolis IN 46244-0998 tdickman bkd.com (317) 383-4000 BlueBird CPAs Ryan Burns Director of Audit and Assurance Managing Partner Financial Statement Audits 5585 Kietzke Lane Reno NV 89511 rburns bluebirdcpas.com (775) 827-5999 Clifton Larson Allen Denny Schleper CEO One Tampa City Center 201 N. Franklin St. Suite 2500 Tampa FL 33602-5845 denny.schleper claconnect.com (813)384-2709 Finley and Cook Nate Atchison Partner 601 N Broadway Shawnee OK 74801 natea finley-cook.com (405) 878-7326 INDUSTRY LEADERS CPAs KPMG John Veihmeyer Chairman 345 Park Ave New York NY 10154 jbveihmeyer kpmg.com (212) 909-5040 Piercy Bowler Taylor & Kern CPAs Richard H. Bowler Principal 6100 Elton Ave. Suite 1000 Las Vegas NV 89107 rbowler pbtk.com (702) 384-1120 REDW LLC Ron Rivera Managing Principal 7425 Jefferson St. NE Albuquerque NM 87109 rrivera redw.com (505) 998-3206 RSM US LLP Joe Adams Managing Partner and Chief Executive Officer 1 S Wacker Drive Suite 800 Chicago IL 60606 terri.andrews rsmus.com (312) 384-6000 McCabe CPA Group Sean McCabe Managing Member 4801 Lang Ave. NE Suite 110 Albuquerque NM 87109 seanm amcpaspc.com (505) 264-0772 MGO Kevin J. O Connell CEO & Managing Partner 3000 S St. Suite 300 Sacramento CA 95816 info mgocpa.com (916) 928-4600 Moss-Adams Chris Schmidt Chairman and CEO 999 Third Ave. Suite 2800 Seattle WA 98104-4057 chris.schmidt mossadams.com (206) 302-6868 NAIHC Leadership Institute Training 2017 Course Schedule May 16-18 July Tampa FL Indian Housing Management Kansas City MO NTCCP-NAHASDA LIHTC Basic Accounting Financing Affordable Housing Development NTCCP-NAHASDA LIHTC Financial Management (Legal Symposium) September 19-21 Chicago IL November November December Las Vegas NV TBD Las Vegas NV The only national organization dedicated to advancing Indian Country tourism across the United States. JOIN US AND LEARN MORE AT WWW.AIANTA.ORG Registration On-line registration links and details for these classes will be posted on our website at www.naihc.net as soon as hotel contracts are secured. Note This schedule is subject to change. You are encouraged to monitor our website for the most current information available on training opportunities offered by NAIHC and our national training partners. www.tribalbusinessjournal.com APRIL 2017 35 Sarah EchoHawk BUILDING A STRONG STEM S Intel s 1.32 million contribution helps AISES mission BY KEVIN GALE I grew up on the reservation. AISES recently hit a major milestone in helping bridge the gap when Intel announced it would provide 1.32 million in scholarship support for Native American STEM students. When you talk about diversity of thought the way American Indian people live and the way we have been taught to think and analyze problems is valuable she says. When American Indians get degrees and get those jobs they often do very well. They bring a unique perspective with analytical and critical thinking. We have employers who are wowed when they hire Native American employees. arah EchoHawk and the American Indian Science and Engineering Society are bridging the gap between Native American youths seeking careers and employers eager to hire science technology engineering and math (STEM) majors. One of the first steps is understanding Native American history. We try to convey to the kids that Indians really were the first scientists astronomers and botanists. It s something innate in our culture but we don t talk about it in that way says EchoHawk CEO of AISES. A typical attitude among children is Engineering What does that have to do with me 36 APRIL 2017 www.tribalbusinessjournal.com EDUCATION Each year Intel will provide 40 Native American university students with financial support Intel mentors and opportunities for paid internships or jobs at Intel upon graduation. Students will receive scholarships ranging from 5 000 to 10 000 per academic year. Cultural support will be a critical component as well whether it s helping employers understand that Native Americans may need to go home for ceremonies or Native Americans trying to get connected to new communities near their workplaces. Intel s mentoring program will help with post-graduation transitions including help finding jobs building resumes and improving interview skills EchoHawk says. While the scholarships are for undergraduate and graduate students Intel and AISES also are looking at developing a culturally-appropriate computer science curriculum for Native American high school students. Last October Intel hosted a thought leadership event in partnership with the National Center for Women & Information Technology (NCWIT). The event brought together key leaders in academia government tribal nations nonprofits and the tech industry. Intel subsequently produced a white paper outlining six key recommendations for increasing Native American student participation and retention in STEM education. The program with AISES was announced at the White House Computer Science for All initiative in December. We know that exposure to role models and mentors and infusion of relevant STEM curriculum will make a huge difference in creating stronger pathways for student success said Barbara Whye Intel s executive director of strategy and external alliances. The Intel relationship is part of a broader effort by AISES. EchoHawk has aligned with groups including the National Society of Black Engineers and the Society of Hispanic Professional Engineers. They have had a lot more success simply because of their population being much higher than ours she says. Associating with those groups has raised the profile of AISES. We really have been growing and been getting a lot more companies and government agencies coming to AISES EchoHawk says. AISES is part of a collective goal of graduating 50 000 diverse engineers by 2027. AISES also has a leadership summit virtual science fair and is starting to get into codeathons EchoHawk says. During her four years the organization s revenue has increased from 2.3 million to somewhere near 4.4 million this year. EchoHawk says the current efforts in STEM parallel the Tribal movement for self-determination in the late 1960s and 1970s. Indians realized the need then to develop trained professionals such as lawyers. Now amid the Standing Rock situation she says How cool would it be for tribes to have their own petroleum engineers to understand the issues at hand. To get more information about AISES the white paper and the scholarship program visit aises.org. Falmouth Institute was founded to provide quality and comprehensive education and information services to the North American Indian community. With over 300 training programs held nationwide Falmouth Institute is your reliable training partner. For more customized needs we also offer on-site training and hands-on technical assistance. We currently offer training and technical assistance in the following subject areas Healthcare Finance Law Technology Gaming Law Enforcement Construction Governance Natural Resources Education Housing Social Services Human Resources For more information contact Tom Wilkins 1-800-992-4489 ext 119 tom.wilkins falmouthinstitute.com www.falmouthinstitute.com www.tribalbusinessjournal.com APRIL 2017 37 38 APRIL 2017 www.tribalbusinessjournal.com TOURISM BY RACHEL CROMER-HOWARD s your tribal community or your farming ranching operations ready to expand your cultural impact and your economic base Agritourism development might be right for your tribal community. Tourism represents a unique opportunity for job creation and cultural tourists--the fastest growing segment of the industry-- who want to experience tribal lands art and food. One means to increase cultural visitors to your community is through agritourism-- food product packaging and distribution festivals tours and farmers markets. Agritourism experiences include a broad array of activities and experiences. For example activities could include a farm or ranch stay educational workshops hunting and fishing horseback riding u-pick farms farmto-table dining packaged food products and other forms of agri-entertainment. For tribal communities the benefits go beyond a potential source of increased farming income. There is significant interest in promoting and supporting culturally specific agricultural techniques and historic plant varieties across native nations. According to the 2012 U.S. Census farming also represents an area of growth in Native communities particularly for those Native farmers ranchers that are principal operators (37 851 in 2012) with a 9 percent increase from 2007 to 2012. AGRITOURISM CAN BOOST TRIBAL ECONOMIC SUCCESS www.tribalbusinessjournal.com APRIL 2017 39 TOURISM Like any new venture there is a lot of business planning and research to understand the rules and regulations insurance requirements feasibility capacity and sustainability. Once you have determined what form of agritourism is right for your enterprise or community careful planning and feasibility assessments need to be considered. One tribe that has successfully entered into tribal agritourism is the Oneida Nation of Wisconsin. Oneida Nation has a rich heritage of farming to sustain families and communities. With a dedicated community first approach the Oneida Community Integrated Food Systems (OCIFS) is providing sustenance for its community through the production of traditional crops honoring their Creation Story. The creation story says the beginning of our Mother Earth occurred when Sky Woman fell from a hole near the Tree of Life. When she was falling from her world she took with her seeds of various plant life. The seeds that Sky Woman brought with her began to grow into the plants and herbal life needed for survival. Plants grown from those first seeds included corn beans and squash and became the Three Sisters for tribal people. They are the main providers for the tribe s sustenance. Tribal tradition calls for honoring these sustainers. OCIFS was established in 1994 to bring together existing farming operations and build impact. The development process began with the forming of an initial task force to address issues associated with poverty as well as the health problems that existed on the Oneida reservation related to diet. Taking a phased responsive approach to development OCIFS have grown into the following working components Oneida Nation Farm (which includes bison and cattle) Oneida Tsyunhehkwa Center Oneida Apple Orchard Oneida Food Distribution Program Oneida School System and Oneida Market. In addition to providing historic crops and a variety of organic food products OCIFS provides community-based food production education youth programs employment and opportunities to engage with local regional national and international 40 APRIL 2017 www.tribalbusinessjournal.com visitors interested in experiential learning and activities. OCIFS has had tremendous impact on the community. In addition to providing direct employment for 27 people the local production of culturally relevant foods provides healthy alternatives for the community that preserves the health and well-being of community members. For example one of the many impacts of their operations include the continuation of the planting and harvesting of Oneida s white corn which originates from corn seeds descended from crops planted in the 1600s the seed has been carefully managed and protected for over 2 000 years to keep the genetics pure. The corn is hand harvested braided and dried and is about three to four times the size of a kernel of corn found on a cob of sweet corn. It is traditionally grown harvested and enjoyed in a variety of Oneida food staples. From a nutritional perspective Oneida s white corn contains approximately 16 grams of protein in one serving compared to its counterpart sweetcorn with only 6 grams. All food products including Oneida s white corn are sold at the Oneida Market where members of the Oneida Nation and visitors can purchase traditional Oneida foods made by the people for the people in order to sustain the people. Additional agritourism programming includes tours a large commercial farm and the Tsyunhehkwa organic farm. In 2009 the Oneida Apple Orchard started the Big Apple Fest which has grown into its largest event which attracts over 8 000 people. It is a day filled with farm animals horse entertainment Oneida Farmers Market apple pie contest live music horse and wagon rides and pickyour-own apples. If you want to learn more about the Oneida Nation visit its website at exploreoneida.com come to the Big Apple Fest on Sept. 16 2017 at 3676 W. Mason St. in Green Bay or stop by the Oneida Market at 501 Packerland Dr. Green Bay. As you begin your research for developing enhancing or expanding your agritourism programming and product two places to start are the Native Food Systems Resource Center at nativefoodsystems.org and the U.S. Department of Agriculture Apple picking in Oneida Sustainable Research and Education Program (SARE) at sare.org. In 2017 AIANTA will also be launching a tribal agritourism resource page at aianta.org to provide resources updates and training information. AIANTA will also be providing technical assistance and training on utilizing NativeAmerica.travel to promote tribal tourism opportunities. NativeAmerica.travel is the only tribal-specific tourism destination website for tribes tribal members and tribal businesses to promote their tourism product programming. Contact for this project is Ms. Sandra Anderson sanderson aianta.org. If you are looking for additional training opportunities the American Indian Alaska Native Tourism Association s (AIANTA) annual American Indian Tourism Conference (AITC) will be held September 1114 2017 and hosted by the Oneida Tribe at the Radisson Hotel and Conference Center in Green Bay Wisconsin. Programming includes tracks and sessions with expert presentations on developing tribal tourism in your community along with topic specific trainings including tribal agritourism development and best practices. For more information please contact AIANTA at info aianta.org or visit aitc2017.com. Hannah Peterson is the development director at the American Indian Alaska Native Tourism Association. Contact AIANTA at (505) 724-3592. RACHEL CROMER-HOWARD IS THE PUBLIC RELATIONS AND MEDIA SPECIALIST AT THE AMERICAN INDIAN ALASKA NATIVE TOURISM ASSOCIATION. R SCHOLA SH UR IP G OLF TO NA MENT Utilize Customer Service as Your Most Efficient Effective Marketing Tool BY SCOTT PRICHETT E 42 APRIL 2017 www.tribalbusinessjournal.com Last month we examined developing a unique selling proposition to help market your business. This month we ll address something simple yet very important to the perception of your brand to consumers How to use customer service to help market your business efficiently and effectively We believe that this installment will provide insights into how you and your employees can do more to grow your business every day. conomic development in Indian Country means an uptick in diversified businesses are being started. Tribes and tribal members are entering the business world and or expanding their businesses more today than ever before. And that sometimes means learning a lot in a very short timeframe about marketing and customer service. Marketing is usually viewed as one thing and customer service as another. Sure it would appear on the surface that the goals are different too. Marketing is about customer acquisition--or getting new customers. Customer service concerns customer retention--or keeping the ones that you already have. But it doesn t take a lot of thought to realize these two efforts are absolutely complementary to one another and that they can overlap significantly. The customer retained based on great service adds to the total number of customers just as the one acquired from marketing efforts does. Converse- MARKETING CORNER ly the customer lost due to poor service reduces the customer count requiring an additional acquisition to make up for that loss to remain at the same customer count. It s way more impactful to your bottom line when both marketing and customer service are working well together. Good customer service does not need to cost a lot unlike most marketing efforts. After all the time effort and money spent on marketing to create awareness interest and desire hopefully action happens--a new customer will actually walk into your business. What happens then What kind of attention and service do they get What is your plan to keep them as a customer now Those are important questions. Customer service acts as an integral brand extension and needs to fulfill the marketing promise so delivering a customer experience that matches expectations on a consistent basis is key to driving business growth. But there s another surprisingly simple component worth considering. The Customer Contact Council an organization devoted to measuring loyalty developed a Customer Effort Score (CES) in 2008. It strongly indicates that simply being easy to do business with pays off--big time. The CES asks customers to answer this simple question HOW MUCH EFFORT DID YOU PERSONALLY PUT FORTH TO HANDLE YOUR REQUEST The answers are scaled and then matched to repeat purchases by customers who answered. And it appears that customer loyalty can be driven by simply reducing the effort the customer needs to make to satisfy their desire. In other words--the more effortless it is for the customer to satisfy their need with you the more loyal the customer will be especially nowadays. With that in mind let s look at some things that increase difficulties for customers which can drive them away MAKING CUSTOMERS WAIT No one enjoys waiting in line. But worse is when a delay happens that didn t need to happen. For instance a salesperson is distracted perhaps taking a personal call. This does not give a good impression. ISSUES THAT ARE NOT EASILY EESOLVED When a customer asks a question or indicates a problem he or she would like the question answered or the problem solved promptly. Research indicates that loyalty increases when a problem is solved quickly and efficiently. TREATING PROBLEMS OR CHALLENGES AS AN INTERRUPTION Challenges when you think about it come from only one source customers. No customers no challenges right Treat every interruption from a customer as a chance to do something great that will be remembered--and rewarded with loyalty. TREATING CUSTOMERS RUDELY OR WITH SUSPICION Yes some people will complain about a meal in hopes of getting it for free just as others will wear an item once and then return it. Lose those people if they make a habit of it but don t grill everyone else along the way. Instead graciously comp part of the meal or happily accept the return. Through this action create many brand ambassadors--it s cheaper than marketing. BEING HARD TO CONTACT Imagine the manager who hesitates to put his or her direct line or email out front where customers can see it. The perception could be that the manager is actually afraid of being contacted by customers or does not want to be held accountable. Being upfront and accessible pays dividends--mainly in becoming aware of problems quickly and having the chance to resolve them. BEING OVERLY PUSHY OR AGGRESSIVE The fact is that people hate to be sold but they love to buy. So your business should believe customer service orients around listening to the customer gauging what his or her true needs are and providing information and guidance to help easily solve the problem. Businesses who don t focus on creating positive experiences may feel the brunt of the bad news side of this equation a negative experience--wherein customers feel it was hard to do business with your company-- is four times more impactful than a positive experience. These customers are 61 percent less likely to repurchase the Customer Contact Council says. So go ahead. Use customer service as an in-field marketing extension. It costs very little it makes customers happy positions your brand in a positive light--and it just feels better. We always recommend engaging an experienced and capable agency to support your efforts in developing unique and effective service standards to function as a brand extension. Understanding your audience and the various triggers that impact them in a positive way are essential to engaging consumers and creating an experience that resonates so they come back for more. Do your customer service standards accurately reflect your brand The Marketing Circle is a monthly resource to provide a greater understanding and insight into the complex world of marketing and advertising. Advertising professionals from Redline Media Group an award-winning 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 APRIL 2017 43 TRIBAL GAMING F Historic Supreme Court Victory BY ERNIE STEVENS JR. minations regarding the scope of tribal authority in general and when implementing and interpreting IGRA. IGRA did not come from Indian Country and many tribal leaders opposed the legislative proposals that became IGRA in large part because of the state compact requirement. The act is far from perfect and the U.S. Supreme Court has added to its imperfections over the years (most notably the 1996 Seminole Tribe vs. Florida decision). Still more than 240 tribal governments have embraced the law and made it work for their communities. Today we are the gaming professionals we are the gaming managers we set the professional standards we are the teachers we are the lawyers and advisors and we are making Indian gaming the Indian Country success story that it is today. When the Cabazon and Morongo decision was handed down Indian gaming generated approximately 100 million in gross revenue. Now it is nearly 30 billion. In 2016 alone Indian Gaming generated more than 300 000 direct American jobs which more than doubles when indirect jobs are included. Net revenues from Indian gaming are supplementing vital tribal community programs improving health care educational opportunities public safety and much more. Reflecting on the economic prosperity since this historic decision we must give credit to visionary tribal leaders who could foresee the benefits that gaming has brought to Indian country. The quality of life for many Native Americans in communities where gaming has been a success is markedly changed. We take pride in the creation CALIFORNIA S LOSS TO TWO TRIBES LEADS TO 30 YEARS OF INDIAN GAMING SUCCESS of numerous job career and life opportunities for our Indian people. In the truest of our cultural values neighboring communities are also benefitting. There continues to be a great deal of work as it pertains to tribes who do not have locations that are conducive for gaming. Successful gaming tribes also are trying to find ways to further economic development with non-gaming tribes. We are hopeful that the new administration s focus on infrastructure development will further enhance economic development in Indian Country with and beyond gaming. My congratulations go out to the leadership of the Cabazon and Morongo Bands. Their legal fight on behalf of Indian country was a defining moment. We honor their vision and the historic Supreme Court victory they achieved for all of Indian Country. From the seeds that they planted more than 30 years ago today we have responsibly grown into a 30 billion industry that is working to bring opportunity and self-determination to more than 240 Native Nations and their citizens. eb. 25 marked one of the most significant milestones in not only the history of Indian gaming but tribal sovereignty when the Cabazon and Morongo Bands of Mission Indians defended their sovereign rights to create economic opportunities on their reservations against attempts by California to impose state law on tribal lands. In the 1987 California vs. Cabazon and Morongo decision the United States Supreme Court ruled that Indian tribes retain the inherent sovereign authority to conduct gaming on tribal lands free of state interference. The court reasoned that Indian gaming is crucial to Indian self-determination and economic self-sufficiency noting that gaming provides the sole source of governmental revenue and is the primary source of employment for many tribes. The court acknowledged that Indian gaming was an act of tribal self-determination that aligned with the then relatively recent federal policy supporting tribal governing authority. Congress reacted to the Cabazon and Morongo decision by enacting the Indian Gaming Regulatory Act (IGRA) in 1988 after significant pressure from several states and the commercial gaming industry. However the Supreme Court s Cabazon and Morongo decision significantly improved the political position of tribal governments heading into development of the law. IGRA is grounded on the fundamental principle acknowledged in the Cabazon and Morongo decision--sovereignty is neither delegated nor given to Indian tribes from Congress but is instead inherent power that has never been extinguished. This principle guides deter- ERNIE STEVENS JR. (ONEIDA) IS THE CHAIRMAN OF THE NATIONAL INDIAN GAMING ASSOCIATION BASED IN WASHINGTON D.C. AND A MEMBER OF THE TBJ ADVISORY BOARD 44 APRIL 2017 www.tribalbusinessjournal.com April 2017 CALENDAR April 2-5 NICWA ANNUAL CONFERENCE 35TH ANNUAL PROTECTING OUR CHILDREN NATIONAL AMERICAN INDIAN CONFERENCE ON CHILD ABUSE AND NEGLECT San Diego Training Institute San Diego California WWW.NICWA.ORG NEWS April 23-27 2017 TRIBAL SELF-GOVERNANCE ANNUAL CONSULTATION CONFERENCE Spokane Convention Center Spokane Washington WWW.TRIBALSELFGOV.ORG April 6-7 April 27-29 FEDERAL BAR ASSOCIATION S INDIAN LAW CONFERENCE Talking Stick Resort Scottsdale AZ WWW.FEDBAR.ORG 2017 LEADERSHIP SUMMIT Wild Horse Pass Hotel and Casino Chandler Arizona NCAI.ORG April 6-7 April 24-May 5 THIRTEENTH ANNUAL SOUTHEAST INDIAN STUDIES CONFERENCE The University of North Carolina at Pembroke Pembroke NC WWW.UNCP .EDU INDIAN GAMING TRADESHOW & CONVENTION NATIONAL INDIAN GAMING ASSOCIATION San Diego Convention Center San Diego California WWW.INDIANGAMING TRADESHOW.COM April 10 - 13 May May 2-4 May 10-11 TRIBAL LAW ENFORCEMENT EXECUTIVE SYMPOSIUM BREAKING DOWN TRIBAL JURISDICTIONAL WALLS Kah-Nee-Ta Resort Warm Springs OR WWW.TRIBALTRAINING.COM UNPFII SIXTEENTH SESSION UN PERMANENT FORUM ON INDIGENOUS ISSUES UN HEADQUARTERS New York City NY WWW.UN.ORGMAY April 23-25 TRIBAL INTERIOR BUDGET COUNCIL Washington Plaza Washington D.C. WWW.NCAI.ORG NAFOA 35TH ANNUAL CONFERENCE NATIVE AMERICAN FINANCE OFFICERS ASSOCIATION Hilton San Francisco Union Square San Francisco CA NAFOA.ORG 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 Andrea Richard associated editor at arichard SFBWmag.com. May 14-20 SAMHSA NATIONAL PREVENTION WEEK Substance Abuse and Mental Health Services Administration Washington D.C. WWW.SAMHSA.GOV PREVENTION-WEEK www.tribalbusinessjournal.com MARCH 2017 45 Where Do We Begin SECOND OF A THREE-PART SERIES BY ERIC SHERMAN overnment contracting is an alluring prospect for the native entrepreneur even with its unknowns and daunting complexities. The good news is the federal procurement system holds a wealth of opportunities for budding enterprises. However it takes time patience and hard work to break into that market. The common question is Where do we begin The initial inclination will be to go after any and every opportunity--but that is not the most effective nor efficient approach. Let s lay out the framework of questions you should ask as you begin your journey seeking certification in the Small Business Administration s (SBA) 8(a) Business Development Program. First off the Certificate of Competency (COC) process is designed to mitigate the government s risk. Therefore you must have been in business and demonstrated the capability to successfully generate revenue in your primary North American Industry Classification System (NAICS) code for at least two years for individually-owned firms--but not for tribal community-owned businesses. This accumulation of past performance is essential to those seeking to grow and mature within the federal marketplace. Start by determining your primary NAICS which correlates to the slice of the federal procurement pie you will peruse. Then determine how much revenue and how much past performance is needed. The SBA does not provide specific numbers but experienced professionals strive for roughly 250 000 before going forward with the certification process. Identifying your NAICS also allows you to conERIC SHERMAN duct the requisite research to reduce your business (SANTEE SIOUX risks. Ask yourself How much does the governNATION IN ment spend in my NAICS and what are the trends in NEBRASKA) IS that spending GOVERNMENTAL Federal procurement is driven by many factors AFFAIRS MANAGER you must understand the factors that influence spendFOR THE NATIVE ing within your NAICS. More than identifying what AMERICAN has been spent on your NAICS code look to underCONTRACTORS stand the spending trends government-wide and withASSOCIATION. in specific federal agencies. Federal agencies spend on goods and services that support its mission so identify the agencies that spend money on procuring the goods or services you supply. This will show where the bulk of your focus should lie as well as one-off opportunities that may be perfect for you. Now that you have identified the relevant agency or agencies in your NAICS ask yourself What contracting vehicles does the agency use and what contracting on ramps are available in its procurement process Agencies have a history of how they procure and what contracting vehicles they like to use. Knowing this allows you to tailor your business development. When an agency uses a multiple award contract (MAC) specifying small business set asides and opportunities it must periodically refresh the MAC as small businesses graduate and are no longer qualified as small. These refresh opportunities offer on ramps. Your next question should be Who are the prime vendors that do business with this agency within my NAICS Agency prime vendors might offer you subcontracting opportunities. They also can provide insight into best practices. The federal marketplace can be complex and intimidating but if you continue to drill down in your questioning it becomes digestible. Becoming an 8(a)-certified enterprise does not guarantee that you will win federal contracts. The best way to ensure that is to educate yourself and do the necessary research before attempting to enter that space. Understand who is spending why they are spending how they are spending and how you fit into the larger picture. 46 APRIL 2017 www.tribalbusinessjournal.com CONTRACTING www.tribalbusinessjournal.com APRIL 2017 47 TRADE ASSOCIATION PARTNERS N Financial Road Map Native American Finance Officers Association fosters economic opportunity BY JANEE DOXTATOR-ANDREWS ative American investing has come a long way since the days of our early ancestors. For more than three decades the Native American Finance Officers Association (NAFOA) has provided leadership for the advancement of independent American Indian and Alaska Native communities. Located in our nation s capital the national nonprofit organization advocates for tribal finance by fostering economic development opportunities. NAFOA supports tribes on issues affecting sovereignty and encourages the development of Native American financial professionals. Investing in tribal communities and the next generations of financial leaders helps prepare us for the future. Through its leadership NAFOA not only promotes excellence in financial management and advocates for sound economic and fiscal policy but also develops innovative education initiatives and provides information and resources. NAFOA s membership includes a strong representation of tribal finance officers controllers treasurers accountants auditors financial advisors tribal leaders and federal government representatives. Driven by its mission to protect tribal sovereignty and self-determination NAFOA is meeting the challenges of economic growth and change. NAFOA engages in a number of programs and initiatives to ensure Indian Country s interests are considered whether it be through policy or education. Its efforts are focused on finding meaningful solutions in three areas--governance and economic opportunities financial management and capital and asset management. Within its policy initiatives are a number of programs addressing issues like comprehensive tax reform and per capita distribution. NAFOA s work in education focuses on innovative programs that promote professional development and build the financial and economic skills of the next generation of leaders. NAFOA s interest in tribal youth is strongly rooted in the belief that early involvement in financial and business career fields is essential in creating self-sustaining communities. The scholarships fellowships internships program supports Native students pursuing degrees in business-related disciplines and the Generation Indigenous (Gen-I) movement leverages the power of our youth. In partnership with the Center for Native American Youth NAFOA is connecting the Gen-I Native Youth Network with leaders in finance business and tribal economic development to build career opportunities. The nonprofit extends its education programs to industry professionals with the Tribal Economic Leadership Program which is an executive education program and includes a Tribal Financial Manager Certification. This month the 35th Annual NAFOA Conference brings together tribal leaders professionals and influential federal agencies with economic and financial issues facing Indian Country. The two-day event features an impressive program that facilitates dialogue among tribes federal partners nonprofits and professionals with sessions on investment education policy affecting tribes accounting updates budgeting methods and economic development opportunities. With the new administration upon us this year s NAFOA Conference offers a session on Self-Determination During a Trump Presidency providing a forum to discuss where tribal nations stand. Navigating the Trump Effect on the Markets addresses regulations and reform along with what that means for tribal governments while Building an Economic Agenda for the 115th Congress examines how to achieve governmental parity in tax reform and build sustainable communities through innovative capital and infrastructure programs. These facilitated discussions are designed to build a cohesive plan for congressional interaction. Also during Indian Country s leading economic and financial gathering is NAFOA s 10th Annual Leadership Awards honoring a number of innovative leaders for positively impacting tribal economies. The 35th Annual NAFOA Conference offers an invaluable opportunity to network and the chance to gain knowledge in financial areas and beyond. Looking forward to the next 35 years NAFOA continues to build the financial strength of tribal governments and their enterprises by providing educational forums and resources to share best financial and accounting practices. For more information on the Native American Finance Officers Association visit www.nafoa.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. 48 APRIL 2017 www.tribalbusinessjournal.com LAW AN OPPORTUNITY TO FURTHER TRIBAL SELF-DETERMINATION BY SABA BAZZAZIEH he U.S. Department of the Interior recently published a notice of proposed rulemaking regarding possible revisions to the Indian Trader regulations. Given the breadth of the authorizing statute Interior will have great flexibility in crafting revised regulations making this a profound opportunity for Indian Country to make headway on a variety of issues that have stifled economic development for generations. Two prominent issues that should be addressed as part of this proposed rulemaking are dual taxation and general overreach by state regulators. The problem known as dual taxation refers to the practice of state governments taxing tribal economic activity. Of course as a general (albeit oversimplified) rule state laws do not apply in Indian Country. However in a series of cases beginning around the 1970s the Supreme Court issued rulings effectively permitting state governments to sometimes impose taxes on on-reservation activity. For example in Cotton Petroleum v. New Mexico the court upheld New Mexico s severance tax on natural resources produced on the Jicarilla Apache reservation--notwithstanding that the tribe was then imposing its own severance tax which was previously upheld by the Supreme Court as a valid exercise of tribal sovereign authority in Merrion v. Jicarilla Apache Nation. Dual taxation has created major economic problems for tribes. As a practical matter if a state taxes on-reservation activities the tribe is ousted from imposing its own tax as dual taxation would increase the cost of goods to drive away business entirely. By rendering tribal taxation economically infeasible state taxation has taken away what would otherwise be a valuable source of tribal revenue. The situation is even more unfair given that states typically provide few services on tribal reservations. The second issue is overreaching by state regulators. This problem is commonly seen in the emerging sector of tribal e-commerce. Tribes own and operate a variety of internet-based businesses such as those providing consumer finance services. States have reacted unfavorably to these ventures and have often attempted to impose regulations on tribal activity. Such regulatory overreach should not be permitted as longstanding principles of federal Indian law makes it clear that state regulations generally do not apply to tribal entities. Nonetheless states have repeatedly imposed regulatory regimes on tribes interfering with tribal business operations and infringing upon sovereign rights to pursue economic development. The proposed rulemaking offers an opportunity for tribes to overcome these challenges and focus on the betterment of their tribal communities. As stated above the authorizing statute is broad--it permits Interior to promulgate rules regarding Indian trade for the protection of said Indians. The current regulations essentially do nothing to protect Indians as they primarily concern the licensing of on-reservation retail stores operated by non-Indians. The regulations are also deeply anachronistic and must be modified. The federal government has a trust responsibility to protect tribal sovereignty and promote tribal self-determination and economic development. Revising the Indian Trade regulations could substantially further the fulfillment of this duty. Specifically Interior should revise the regulations to explicitly prohibit state taxation and regulation of tribal economic activities. Doing so would promote tribal self-determination and economic development by encouraging tribes to operate their own businesses pursuant to tribal law and in accordance with appliSABA BAZZAZIEH cable federal laws. It would allow for tribes to develIS A PARTNER WITH op valuable sources of revenue which can be used to ROSETTE LLP AND fund important government services such as housing MAY BE REACHED and education programs. AT SBAZZAZIEH It is important for all tribes to participate during ROSETTELAW.COM this rulemaking process to have their voices heard and to ensure that Interior moves forward with this process comprehensively and expeditiously. Indian Affairs www.tribalbusinessjournal.com APRIL 2017 49 Business Lifesavers BY ADOLFO VASQUEZ ou may have seen the Yoda poster that says Do or do not ... there is no try That motto carries true in in federal procurement. Planning and preparation to win contracts is a strategy that is essential not optional. Another famous quote is from Green Bay Packers Coach Vince Lombardi who said Winning isn t everything it s the only thing. In federal procurement a sure win is only as good as your capture plan and the readiness of the team to implement that plan. The Business Dictionary defines capture plan as a state of preparedness of persons systems or organizations to LT. COL. ADOLFO VASQUEZ meet a situation and carry U.S. ARMY RETIRED out a planned sequence of IS A PROCUREMENT actions and readiness based TECHNICAL ADVISOR on thoroughness of the planFOR THE NATIONAL ning adequacy and training CENTER FOR AMERICAN of the personnel and supply INDIAN ENTERPRISE and reserve of support serDEVELOPMENT vices or systems. In simple PROCUREMENT terms capture planning is the TECHNICAL ASSISTANCE plan and readiness is the CENTER (NCAIED PTAC). 50 APRIL 2017 www.tribalbusinessjournal.com Capture Planning and Readiness are ability to carry out the plan. Both are vital to any business wanting to succeed in winning federal contracts. So what does capture planning look like Where is it found Does one size fit all Capture planning is a process that all businesses can implement and a habit that all businesses can develop but it s like maintaining your health It is very important. We know how to get there. We have all the tools available. We know it is good for us. But we just don t have the time nor the will today. I ll start ma ana (tomorrow) Over the last months you have been reading my articles on the tools of procurement. The 3R s Teaming How to Fish for contracts etc. These are all methods that are available and free to any business. They are effective if used correctly (not like using a butter knife as a screwdriver) and they can mean the difference between success and failure in the federal procurement world. So how many of these tools and processes have you implemented in your business The other day a friend visited while I was working outside my garage on a project. He noticed that I was having difficulty retrieving a bolt that had wedged between two boards. His recommendation was to use a magnetized screwdriver and fish it out. Yeah right I knew that. If I had a magnetized screwdriver I wouldn t be struggling He saw the look on my face and walked into my garage opened one of my mystery drawers and pulled out what looked like a mini hot plate. He plugged it into the wall and rolled one of my long screwdrivers over the face. In less than 30 seconds he came over and--voila--fished the bolt out with a magnetic screwdriver. Wow I can t tell you how many of these situations I have been in and have had to disassemble things to get to the wedged nut bolt or screw. And I had the solution in my toolbox all the time. I didn t know I had it how to use it or even what is was I find this with all of my businesses as we go through their SWOT (strengths FEDERAL PROCUREMENT weaknesses opportunities and threats) practices. Do you know what great tools you have in your business that you don t know you have and or are not using I bet you have a lot. Capture planning helps you find them identify them and best of all use them. The point of this article is that the first thing we need to know and understand is what is a capture plan What does it look like Where do I find one Can I find one on the Internet and put my company name on it The response to questions two three and four above is depends which I will cover in future articles. So what is a capture plan Simply put it is a collection of vetted information from various sources within the business that can be used to determine the capability and reliability of a business to complete a particular task. In short it is what we call in manufacturing tooling up or preparing for an activity or job. If you are preparing to bid on federal contracts successfully you need to identify what makes a proposal successful. You probably already do that in your business but not formally and you probably don t capture the process. You just do it like you have always done it before and expect different results. In contracting capture planning starts with identifying the key elements steps of a successful bid. If you Google or go on YouTube you will find many universal templates. Lohfeld Consulting Group lists these factors as 1) Qualify the opportunity 2) Build and resource the capture team 3) Understand the customers objectives and requirements 4) Develop a preliminary solution linked to objectives 5) Position with the customer 6) Assess the competition 7) Develop a win strategy 8) Establish a price to win plan and execute a teaming strategy and continuously assess the risk. Another template lists the team management capabilities technology capabilities past performance project funding award tendencies bid price understanding the requirements customer relations and competitive landscape as factors that should be captured and rated. Capture planning is not a new business phenomenon. It has been around for a long time. The formalization and institutionalizing of both information gathering and information assessment in all factors identified provide the readiness level of being successful. The SWOT of each factor needs to be documented evaluated and validated on a continuous basis. Just like the saying goes Practice makes perfect a good process for developing and maintaining a strong capture plan will go a long way towards success. In future articles I will expand on each of the factors and common methods that business use to address that factor. What I know you will find as you take inventory of how you develop a strategy for any effort in your business is that it s in your toolbox--you just didn t know you had it. The feeling you get when you made it happen... It s time for the next level We can help. FOLLOW US Visit us online at www.mbda.gov Follow us on Twitter USMBDA Like us on Facebook USMBDA Connect with us on LinkedIn Where Businesses Come to Grow www.tribalbusinessjournal.com APRIL 2017 51 BUSINESS ETHICS Ethical Ethos Create a Culture of Critical Thinking BY RANDALL SLIKKERS t times the business of ethics can seem overwhelming especially in tribal enterprises with a large number of employees managers and leadership. There is no doubt about it Ensuring that you have strong ethics as part of your ethos takes work. It is also a moving target and needs constant vigilance. Yet there is a simple thing that can have dramatic effects on your entire organization. And it can go well beyond ethics in making your organization stronger. What is this silver bullet Creating a culture of critical thinking. As you are probably aware there is a hypersensitivity right now to fake news alternative facts and the like. Facebook s Mark Zuckerberg is quoted as saying Our goal is to reduce these hoaxes just like we fight other scams on our platform... This reflects a broader goal of many other social media and news organizations to deal with fake news. The sad fact is bad information or propaganda has been around for as long as man and will never be able to be eradicated. Because of the 24-hour news cycle and the instant information age of social media the problem is compounded like never. The need for critical thinking is paramount. The premise for critical thinking is simple. Don t just take the information you re getting as fact. Question it. In fact question everything The trick to doing this well and making sure it is part of the culture of your tribal enterprise. You must train your employees in the process of critical thinking. There are six key exploratory questions Who what when where why and how As a person takes in information a few simple questions in each category helps them to see information through a clearer lens. Who benefits from this What is another perspective Where can I get more information When is this acceptable unacceptable Why is it relevant to me others How does this disrupt things Training people on the process of critical thinking is a straight-forward procedure. I ve seen some companies print the questions on a laminated card that each employee carries. Others make it a part of the orientation process. The real work comes in ensuring that critical thinking is part of the organizational culture. Leadership must walk the talk. They must actively encourage the process. Placing signs encouraging the method are a good start. Incorporating it into every meeting and in the employee evaluation process embeds it deeper. Rewarding those who demonstrate the process in their day-to-day activity goes a long way toward ensuring the ongoing usage of critical thinking. Mentoring is another great concept. Having the ability to bounce the questions off another person gives a broader and more diverse perspective. But by far the best method is modeling. If employees see the leadership using and encouraging use of the process they will understand its importance in the culture. When people employ the critical thinking process the results are instantaneous. Better decisions are reached. It doesn t automatically eliminate bad decisions but it does make it far less likely they will occur. And a great side effect of the process is that people tend to feel that their opinion is more valued. Critical thinking. Think about it RANDALL SLIKKERS MBA IS THE EXECUTIVE DIRECTOR OF THE CENTER FOR EXCELLENCE IN ASSISTED LIVING (CEAL). 52 APRIL 2017 www.tribalbusinessjournal.com Are you a diverse supplier We want to meet you. Diverse business partnerships and a corporate culture of mutual respect cross collaboration and inclusion drive growth and innovation and enhance operational excellence. Together we can make a positive impact in the lives of our customers and the communities we serve. We are a global business with a wide range of products and services including Club Car golf cars Ingersoll Rand air tools and compressors Thermo King transport refrigeration and Trane heating and air conditioning. Our products and people help to advance the quality of life by creating comfortable sustainable and efficient environments. To learn more about doing business with Ingersoll Rand and our Supplier Diversity program visit us at ingersollrand.com supplier. Ingersoll Rand Family of Brands www.tribalbusinessjournal.com APRIL 2017 53 2016 Ingersoll Rand COMMUNICATIONS W A THOUGHT ABOUT NATIVE RACISM AND BUSINESS BY GLENN C. ZARING 54 APRIL 2017 www.tribalbusinessjournal.com Racial Quandary hat is the message you deliver when you talk about working for Indians and getting rid of white employees in your government at your casino or at other tribal enterprises Let s think about this a bit because our approach to this very touchy subject is vastly important for our existence as Indians in the future and for our businesses now. Think about the following real-life examples. A tribal manager was famous for expressing in meetings and conversations a desire to get rid of the white directors in the government and bring in tribal members. This person was a half-blood with a white mother who worked in government. A security supervisor at an Indian casino habitually commented to his staff that he really wanted to get the whites out of the casino so they could bring in Indians. He is a quarter-blood. A habitual candidate for tribal council has as his main campaign theme that it is time to get the whites out He is a quarter-blood. The hypocritical theme throughout is that it is OK to trash whites who work on behalf of our tribes and businesses even though their only crime is to not be Indian. Nothing was mentioned about the employees not doing their job or doing it wrong. No it s their blood that is the problem (But please don t look in the mirror at your own blood quantum.) The overriding apparently acceptable and stated purpose is to clear the whites out so that the Indians can have the jobs and benefit from the tribal businesses. Herein lies our quandary. Many tribes no longer have that many pure-blood members to carry on the line. We also have a shortage of tribal members in many places to fill the jobs (competently) at our companies casinos governments. Oh yes also remember that most of our customers are white as they are still 70 percent plus of the population. What message are we giving out with our get rid of the whites efforts Are we not saying that we don t want their participation support or business The truth is many of our tribes are entering into history books and not into the future. One Midwestern Tribal Enrollment Department got into hot water on this subject last year because it authored several actuarial reports examining the question about closing tribal enrollment and limiting membership to quarter-bloods. The reports were scholarly accurate and gave the membership information on a critical proposal up for a vote. The report s conclusion was that by closing enrollment the government was dooming the tribe to disappear in the not-to-distant future. The tribe closed enrollment and the department director was censured for having the audacity to tell the politically inconvenient truth. It is truly admirable to want to do anything you can to advance your people and your tribe. However is it truly in the tribal interest to persecute non-tribal people When your racism is worn on your sleeve for all to see do you stand the chance of driving your customers away When a white couple who are gold club members of your casino clientele continually hear about the desire to get rid of white employees can you blame them when they realize they are only tolerated for the money they bring in and take their business to the next casino down the road The whole issue of establishing blood quantum for tribal membership was enacted to do what it is actually accomplishing causing tribes to bring themselves into obscurity and to just become footnotes in history books. Truly we are hastening our demise by actions such as the examples given of the tribal manager the security supervisor and the council candidate. Before long some tribal organizations will not be able to find workers willing to do the job while they are abused for their blood and customers will turn away to where they are appreciated. GLENN C. ZARING (CHEROKEE) IS THE FORMER PUBLIC AFFAIRS DIRECTOR OF THE LITTLE RIVER BAND OF OTTAWA INDIANS BASED IN MANISTEE MICHIGAN AND OWNER OF TRIBAL PUBLIC AFFAIRS ADVISOR (TPA2). HE MAY BE REACHED AT PUBLICAFFAIRSADVISOR GMAIL.COM. WIND CREEK CASINO & HOTEL WETUMPKA WIND CREEK CASINO & HOTEL ATMORE WIND CREEK CASINO & HOTEL MONTGOMERY BEST IN CLASS SERVICE MEETS GAMING EXCITEMENT Wind Creek Hospitality provides Winning Moments for our Guests. Our distinctive portfolio of exciting gaming resorts and unparalleled customer service has earned us the coveted AAA Four-Diamond rating and our commitment to Team Member satisfaction led to our ranking as one of Casino Journal s Top 5 Best Casinos To Work For in 2016. Delivering Excellence. That s Our Game. Atmore Birmingham Atlanta Wetumpka Montgomery GEORGIA ALABAMA FLORIDA Tallahassee FIND YOUR WINNING M O M ENT. 303 Poarch Rd. Atmore AL WindCreekAtmore.com 2017 Wind Creek Hospitality. See PLAYER SERVICES for details. www.tribalbusinessjournal.com APRIL 2017 55 Gambling problem Call 1-800-522-4700. IN THE NEWS Education today is your bow your arrows and your shield so keep learning. It is a pillar that makes a strong community. -Danielle Ta Sheena Finn Standing Rock Sioux 2016 Miss Indian World JD Candidate 17 Indian Legal Program Sandra Day O Connor College of Law Arizona State University Earn a JD JD MBA or a Masters of Legal Studies Certificate in Indian Law Indian Legal Clinic Rosette Tribal Economic Development Program National Conferences World Class Faculty Extensive Selection of Indian Law Classes Learn more at law.asu.edu ILP or ILP asu.edu NAFSA executive director Gary Davis meets with Senator Steve Daines (R-MT) in his Capitol Hill office. VISIT TO THE HILL NAFSA Executive Director Gary Davis recently visited Capitol Hill to discuss the financial services industry with lawmakers and key committee staff. Top concerns for NAFSA regard the treatment of tribes and tribal entities under the Consumer Financial Protection Bureau s civil investigation demands authority. Our week on the Hill was incredibly productive and one that I hope will lay the groundwork for strengthening tribally-owned financial services providers said Davis. Tribal financial services and specifically online lending are growing sectors in the e-commerce industry for our people but one that remains largely untapped due to burdensome and undue government regulation particularly on our sovereign tribes. Though there s still work to be done we are making clear progress towards our goal of a robust presence for tribes and tribal entities in the financial services sector. My recent conversations on Capitol Hill make it crystal clear there is broad support in Congress to ensure tribes are able to self-determine their future in the financial services sector and that tribal sovereignty should continue to be honored and upheld continued Davis. As is the case with so many important initiatives and issues in Indian Country we have work to do in educating lawmakers and staff about the members of NAFSA our work and how current policies are impacting the economic livelihoods of our member tribes. Members of Congress working on these reforms should respect tribal sovereignty while also creating a fair and reasonable regulatory environment. Join The TBJ Team TBJ is looking for bright creative Native American professionals to join our growing team in the areas of Advertising Sales Editorial and Production. Please send your resume to slechner tribalbusinessjournal.com 56 APRIL 2017 www.tribalbusinessjournal.com MILESTONE CASINO RESEARCH RELEASED Fifty-three tribal casinos across the United States participated in Raving Consulting s comprehensive Indian Gaming Marketing survey the first quantitative overview of its nature. Casinos big and small responded to the study. The study looked at topics integral to casino managers and marketers. The report provides measurements and benchmarks trends and challenges of marketing in Indian gaming and insights from casino marketers and operators among other broad topics. Raving CEO Deana Scott says The research is perhaps the most comprehensive Indian Gaming Marketing Research project ever. It provides valuable nationwide information about the trends and challenges of marketing in Indian Gaming. We want to grow this survey into an increasingly important tool that provides measurement and comparison benchmarks to the industry. In late January the survey results were announced at Raving s 19th Indian Gaming National Marketing Conference at Choctaw Casino Resort in Durant OK. The report is available upon request. Contact Christine Faria at 775-329-7864 or email at chris ravingconsulting.com. NATIVE NEWS ONLINE THE NATION S LEADING SOURCE FOR NEWS AND INFORMATION ON INDIAN COUNTRY. FOR INFORMATION ON ADVERTISING AND SUBSCRIBING CALL 954-377-9691 OR EMAIL SLECHNER TRIBALBUSINESSJOURNAL.COM MOHAWK NETWORKS RECIPIENT OF MAJOR GRANT New NY Broadband awarded Mohawk Networks 6.4 million through a Round II state broadband funding program in New York. Mohawk Networks is owned by the Saint Regis Mohawk Tribe. Round II funding amounts to 268 million in public-private investments in an effort to provide access to high-speed broadband services to unserved and underserved households in the New York region. With the new funding the Mohawk enterprise will greatly expand its wireless technology in the Lewis County census block. The grant s first stage will enable the activation of five towers in the county. The Tribe recognizes the importance of high-speed broadband accessibility and what it has done for our own community. It s unfortunate that in this day and age our neighbors in the North Country remain underserved or not served at all. For this reason we feel that it is our responsibility to ensure our neighboring communities are afforded the same opportunities to grow and thrive remarked Chief Ron LaFrance. Receiving this grant will allow Mohawk Networks to fast track the delivery of high-speed Internet service to thousands of homes. 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. 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 www.tribalbusinessjournal.com APRIL 2017 57 IN THE NEWS IN THE NEWS RIVER BEND CASINO HOTEL OPENING Last month the Wyandotte Nation opened its 92-room hotel at River Bend Casino which underwent a 30 million expansion and renovation. The hotel addition equipped with conference and meeting rooms brings a commercial rebranding to the casino to attract business and leisure travelers. Unexpected. We re an accomplished technology services company. And we re tribally owned. We re doing business with future generations in mind building a legacy for seven generations. PEOPLE ON THE MOVE Sioux City IA - Annette Hamilton Vice President and Chief Operating Officer was appointed to the Board of Directors of the Federal Reserve Bank at the branch in Kansas City Omaha. Hamilton joined Ho-Chunk Inc. in 2001. Owned by the Winnebago Tribe of Nebraska the conglomerate specializes in government contracting and economic development. In her role as COO Hamilton oversees the daily operations of more than 30 Ho-Chunk Inc. subsidiary companies. It s truly an honor to be selected to serve Application Development Business Process Outsourcing Annette Hamilton on the Federal Reserve Board lending my financial experience in the business world to assist with the economic success of our nation s financial system said Hamilton. 541 278 8200 www.cayuse.tech Come for the art stay for the experience NAVAJO NATION SEAL CREATOR PASSES AWAY Last month the creator of the Navajo Nation s official seal John Claw Jr. died from heart complications. He was 82. Claw s masterful design encompasses the very essence of the Navajo Nation and his legacy will be remembered forever said Navajo Nation s President Russell Begaye. The ideology that Claw incorporated into the seal conveys strength dignity and above all sovereignty. Santa Fe Indian Market SOUTHWESTERN ASSOCIATION FOR INDIAN ARTS August 19-20 2017 santafeindianmarket.com Stetson Honyumptewa (Hopi). Photo by Gabriella Marks 2016 58 APRIL 2017 www.tribalbusinessjournal.com The Navajo Nation Seal holds great power as does the tribe said the tribe s Vice President Jonathan Nez. 184 NATIONS COME TOGETHER. More than gaming this is about WINNING As the longest running gaming trade show in history the Indian Gaming Tradeshow & Convention delivers the insight and strategies you need to navigate the gaming industry landscape to success. Meet the industry leaders access the cutting-edge trends and learn how to win in your market. www.tribalbusinessjournal.com APRIL 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 APRIL 2017 www.tribalbusinessjournal.com 1 415-321-3300 carbon newforests-us.com forestcarbonpartners.com