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JUNE 2017 7.95 Leading theMashpee Wampanoag Tribe Cedric Cromwell 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 JUNE 2017 VOL.2 NO.6 16 Cover Story Cedric Cromwell s Turning Point 6 Publisher s Letter 8 Editor s Letter 13 Economic Development A Blessing & A Curse 52 Tourism Training Builds Tourism Dollars 55 Law Lewis v. Clarke Rule Creates Uncertainty 20 Medal of Freedom The Remarkable Chief Joe Medicine Crow 57 Business Ethics Meaningful Consultation 24 Feature The Treaty of Fort Laramine 58 Financial Services Sovereignty and the Arbitrary Application of Federal Law 30 Education Fighting Financial Distress 32 Education Early Financial Literacy 60 Communications Showing Face 34 Tribalnomics New Jobs in the Navajo Nation 36 Housing Study Reports Crisis 61 In the News 63 Events Calendar 64 Native Scene Snapshots from NAFOA s Conference 38 Entrepreneurial Spirit Project Dreamcatcher 66 Last Look 40 Special Report Paradigm Shift 42 Gaming Gaming and Taxation 44 Feature Oneida Nation Hosts the LPGA 49 Gaming Industry Leaders Who s Who in Gaming 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 U Dear Friends Publisher Sandy Lechner speaking at RES OW The spring is a very busy time in Indian Country. RES NIGA NTLA Federal Indian Bar Association American Indian Chamber of Commerce Oklahoma Rocky Mountain Indian Chamber of Commerce NAFOA Navajo Economic Summit and more all have conferences. Now that I m home for a few weeks I can get some work done and reflect on the awesome meetings and learning I was able to experience throughout Indian Country. At RES we assembled our Board of Advisors and through some great thought leadership we will continue to bring Indian Country the best in world class business and economic development information. I have been privileged to get to know many of Indian Country s most prominent thought leaders and minds and each of these interactions will make TBJ a better platform for C Suite executives and leaders in Indian Country. Some of those leaders include Governor Stephen Lewis of Gila River President Russell Begaye of the Navajo Nation Chairman Cedric Cromwell of Mashpee Wampanoag and many more. In this issue we are thrilled to bring you our conversation with Chairman Cedric Cromwell from the Mashpee Wampanoag Tribe in Mass. His passion for Indian Country and desire to create progressive economic development for his members is inspiring. In the coming issues and months we will announce innovative programs and projects including a new organization and event designed to provide exclusive networking opportunities to C Suite Leaders and Executives in Indian Country. TBJ will continue to be the only multi-channel multi-touch marketing platform that allows you to reach the decision makers throughout Indian Country. Please look for TBJ this month at the NCAI Mid-Year Conference at Mohegan Sun and the NAIHC Conference in Nashville. With warm regards Sandy Lechner Publisher Sandy Lechner may be reached at slechner tribalbusinessjournal.com or 954.377.9691. 6 JUNE 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 We take it where you need it Bowhead Transport Company LLC is a leader in fast and reliable marine transportation solutions. Whether supporting the construction or petroleum industries the federal government or the rural villages of the Arctic we can transport to and from anywhere on the U.S. West Coast and Alaska. Our commitment to providing world-class marine services is supported by a highly-experienced staff and a fleet of vessels as diverse as the locations we serve. Our barges range from 50 to 400 feet allowing us to deliver cargo to remote locations with no docks or infrastructure large port facilities and everywhere in between. Whatever your cargo is and wherever it needs to go Bowhead Transport can take it there. Marine cargo transportation Barge & lighterage service Vessel leasing & operations Logistics & marine support Oilfield services Remote site freight & crew transport Hazardous materials & waste shipping Seattle terminalling services Container leasing Construction project mobilization demobilization & freight services A subsidiary of UIC Marine Services LLC 800.347.0049 bowheadtransport.com EDITOR S LETTER Collaboration among Tribal Organizations Needed in Uncertain Times ith 567 federally recognized tribes in the country a one-size-fits-all approach does not necessarily relate to Indian Country when it comes to federal policy. This became evident during the last week of March when President Donald Trump signed an executive order to reverse the Clean Power Plan signed by President Barack Obama that put regulations on coal production. The day after President Trump signed an executive order opening federal lands for coal leasing the Northern Cheyenne Tribe based in Lame Deer Montana filed a 37-page lawsuit challenging the president s action. In the lawsuit the tribe criticizes the Trump administration for not consulting with tribal leaders and analyzing the potential cultural environmental and socioeconomic impacts that the coal leasing program would have on the tribe and its lands. The moratorium was enacted so that the Department of the Interior could conduct a program-wide evaluation of coal leasing federal lands that would have included evaluation of impacts to the Northern Cheyenne Tribe and other affected tribal nations. On the other hand almost 1 000-miles from Lame Deer down in Window Rock Ariz. Navajo Nation President Russell Begaye applauded President Trump s executive order. He was happy because his administration has been vigorously fighting to keep the coal plants open on the Navajo Nation because they provide good paying jobs on a reservation whose 44 percent unemployment rivals those of thirdworld countries. So here are two American Indian tribal nations with opposing views on federal policy. While there are differences in opinion there are more common goals shared by tribal nations than those that may divide. One thing is certain we live in uncertain times in the United States which naturally spills over to Indian Country. In uncertain times it is critical that tribal nations and national American Indian organizations work together collaboratively. Even with uncertainty remaining in the nation s capital American Indian tribes remain optimistic Indian Country can capture the necessary resources to grow tribal economies. At the recent RES in Las Vegas the National Indian Gaming Association the American Indian and Alaska Native Travel Association the National Congress of American Indians the Native American Financial Officers Association the Native American Contractors Association and the Alaska Federation of Natives came together on a panel to discuss how to collaborate. RES is the National Center for American Indian Enterprise Development (NCAIED) premier conference that brings in thousands to discuss economic development in Indian Country. At the helm NCAIED is Chris James who was named president and CEO in January 2017. James is a strong believer of collaboration among tribes and national American Indian organizations. He strives to find common ground among the players. To learn more about James and his efforts to bring positive change to Indian Country please read this month s TBJ cover story. Editor-in-Chief Levi Rickert (Prairie Band Potawatomi Nation) Levi Rickert (Prairie Band Potawatomi Nation) Editor-in-Chief Levi Rickert may be reached at 616.299.7542 or lrickert tribalbusinessjournal.com. 8 JUNE 2017 www.tribalbusinessjournal.com www.tribalbusinessjournal.com JUNE 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 Michael Anderson Rachel Cromer-Howard Gary Davis (Cherokee) Janee Doxtator-Andrews (Oneida Nation of Wisconsin) Robin A. Ladue Ph.D. Scott Pritchett Randall Slikkers Adolfo Vasquez Charles R. Vig Karrie Witchman 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 JUNE 2017 www.tribalbusinessjournal.com R SCHOLA SH UR IP G OLF TO NA MENT www.tribalbusinessjournal.com JUNE 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 Ernie Stevens Jr. (Oneida) Chairman National Indian Gaming Association Jeff Doctor (Seneca Nation) Executive Director of the National Indian Cannabis Coalition John B. Lewis Gila River Indian Community Utility Authority Transforming the Navajo Nation Robert Joe Vernelle Taylor (Gros Ventre Tribe) Director of Tribal Relations Flintco Constructive Solutions 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 Kip Ritchie (Forest County Potawatomi) CEO Greenfire Management Services LLC Heather Dawn Thompson (Cheyenne River Sioux Tribe) Practice Group Attorney Greenberg Traurig LLP Mark Harding (Mashpee Wampanoag Tribe) President Mashpee Wampanoag Community Development Corporation Roxie Schescke (Rosebud Sioux) President Indian Eyes LLC S.R. Tommie (Seminole Tribe of Florida) President Redline Media Group Chris James (Cherokee ) President and CEO of the National Center for American Indian Enterprise Development Pamala Silas (Menominee) Executive Director National American Indian Housing Council Robert Weaver (Quapaw Tribe of Oklahoma) President RWI Benefits LLC Dylan Jenkins Vice President of Portfolio Development Finite Carbon 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 12 JUNE 2017 www.tribalbusinessjournal.com A Blessing & a Curse Book outlines how gaming revenue and government programs have plusses and minuses By Joe Rigert Editor s Note Investigative reporter Joe Rigert was looking for a book topic to write when he recalled an interview with a Native American tribal chairman who lamented the ill effects for his tribe from a dependence on government. The subject had special resonance with Rigert since two members of his family were adopted Native Americans and he has reported on Native American affairs during his 50-year journalistic career. After his retirement from the Minneapolis Star Tribune Rigert spent five years researching and writing his book The Dependency Curse. How Reliance on Government and Casinos Damages Native American Lives. TBJ asked Rigert to give highlights of his book which can be found on Amazon. com. While some of his viewpoints may be controversial in Indian Country many of them mirror concerns TBJ is hearing from tribal leaders. ecades ago millions of African Americans migrated north to escape oppression and find jobs. All the while young people all over America have been leaving their rural farm homes to seek greater opportunities in the cities. Native Americans also have done the same leaving isolated reservations to find better lives in mainstream urban America. Already two-thirds of Native Americans have moved to small towns and cities often leaving behind what have become ghettos inhabited by people lacking jobs and dependent on government benefits. Now some native leaders are challenging this dependence on government a product of the vast reservation system because they see it as a cause of a long-standing epidemic of social problems for their people. Is this the future for the homelands of the five million original Americans That is the question I attempt to answer in my compelling and controversial story of how two wildly dissimilar Native American tribes suffer from the same malady a dependency that saps their initiative to study and work. You could call it A Tale of Two Tribes a story featuring the Klamaths of Oregon a small group of tribes that relied first on monthly payments from their timber sales and later became independent and wealthy upon selling their forests to the government. Then after many had dissipated their one-time fortunes they won back tribal status dependent again on government benefits prompting many to drink too much and work too little but prompting others to seek better lives by joining the great migration to the cities. At the other extreme the Mdewakanton Sioux of Minnesota rose from poverty to build a gambling empire making millions of dollars for members year after year. In that tribe adults don t have to work and most don t. At the same time young people looking forward to so much free money don t have to study and make something of their lives. Living on an extreme of unearned income members of this tribe endure some of the same problems as the Klamaths. This expression of concern over dependency is still small but is gaining support not from conservative white critics but www.tribalbusinessjournal.com JUNE 2017 13 ECONOMIC DEVELOPMENT from native leaders themselves. More than 50 years ago venerated Klamath Chairman Seldon Kirk didn t buy the romantic view of Indian Americans as eternal victims of white Europeans. Rather he attributed their problems partly to a dependence on government payments from their timber sales. The Klamaths he told me had been coddled too long on those payments and had lost their initiative. Kirk knew because he had presided over the tribe as chairman in the four decades the members had been receiving per-capita timber sale payments from the government making them one of the most prosperous tribes in the country. Even then Kirk lamented the difference in the status of whites and natives in the area. I took a trip over to the reservation a while ago he said And I saw much land good houses good fences and good crops. When I asked whose land it was I learned that it was owned by the white man. The Indians houses were run-down and shabby. It was a disappointment to me. The problems for his people went far beyond shabby homes. Problems resulted in high prison rates and more than half the children coming from broken homes as well as premature deaths from auto accidents homicides and alcohol-related physical 14 JUNE 2017 www.tribalbusinessjournal.com conditions. Not to mention low education levels and poor living conditions. Like the Klamaths of Oregon the Mdewakanton Sioux of Minnesota are dependent too but not on the government. They are dependent on the wealth of their gambling casino enterprise a wealth that provides an unbelievable 1 million for each adult member each year making them the wealthiest native tribe in the country by far. That should make them an unmitigated success story but it doesn t. In fact for the Sioux dependence on gaming could be viewed as a curse as well as a well-demonstrated cure. It has indeed produced tribal self-sufficiency. But it also has eliminated the incentive for many Native Americans to get an education and a job causing some to turn to drinking and drugs to compensate for empty lives. It has led to feuds and fights for control over the lucrative gambling business. It has caused a gambling addiction for some members. And it has led some young people to become undisciplined and spoiled seeing no need to study or work. Natives on other reservations have not enjoyed the mixed blessing of not working. Profound social problems from suicides to alcohol addiction to parental neglect have persisted during their continuing dependence on government benefits or on lesser casino profits. Kirk was ahead of his time in blaming dependency at least in part for native problems. Now other native leaders have joined the critique of the now-deceased Kirk as they seek a way out of a long-lasting social and economic depression. They don t call it a move for welfare reform as imposed on the broader population but in some ways that is what it is. And if it catches hold it could have a profound effect on the lives of the original Americans. However this writer is not so presumptuous as to claim that the native scholars and leaders he has chosen for their viewpoints on dependency represent a majority among the 5.2 million Native Americans. Others attribute the social ills to a possible genetic predisposition to a devastating addiction to alcohol. Others attribute it to a lingering trauma resulting from the loss of so much of their land and culture to European colonizers. A native scholar Dr. Maria Yellow Horse Brave Heart contends that the trauma contributes to a current social pathology of high rates of suicide homicide domestic violence child abuse alcoholism and other social problems among American Indians. I do not pretend or want to speak for native people I have left most of that to them. Some are speaking out as never before. And that s the purpose of this book to rely mostly on Native Americans themselves rather than others to speak about themselves and what is best for them. www.tribalbusinessjournal.com JUNE 2017 15 Turning Point Mashpee Wampanoag tribe awaits key decision BY KEVIN GALE edric Cromwell and the Mashpee Wampanoag are anticipating good news in June. The U.S. Department of the Interior is expected to deliver a new decision that will pave the way for construction of a 1 billion resort casino. We are confident that an amended ROD (reCedric Cromwell cord-of-decision) from the Interior Department will reaffirm what has already been well-established and documented We ve lived on this land for thousands of years and it is only right that we remain Cromwell says. The Mashpees also known as the People of the First Light faced opposition from what it terms anti-Indian activists and out-of-state gaming interests 16 JUNE 2017 www.tribalbusinessjournal.com COVER STORY First Light Resort Casion www.tribalbusinessjournal.com JUNE 2017 17 as it seeks to build a casino and resort that will generate 2 500 permanent jobs in the Taunton Massachusetts area. The First Light Resort and Casino will not only be an economic engine for the 2 600-member tribe and Taunton residents but it will amp up competition in the northeast for Foxwoods and the Mohegan Sun. Getting to this point has been an odyssey for Cromwell and his tribe. The tribe spent decades to get re-acknowledg1684 meetinghouse ment as a tribe from the federal government and gained that in 2007. In 2011 Massachusetts passed the Expanded Gaming Act which allowed the Legislature to negotiate a gaming compact with a tribe. The compact approved in 2013 provides 2.1 billion to the state for economic development education transportation tourism. Southeastern Massachusetts communities have access to more than 300 million in mitigation funds. In 2015 the federal government approved the tribe s initial reservation of 150 acres of land in Mashpee and 170 acres of land in Taunton. The tribe broke ground on the resort in Taunton in 2016. Six months later we were faced with a lawsuit with 25 litigants funded by a Chicago gaming developer by the name of Neil Bluhm Cromwell says. Bluhm the billionaire chairman of Rush Street Gaming has sought a casino in Brockton Mass. The lawsuit took issue with a Department of Interior s decision to allow the Mashpee land to be put in trust under Category 2 of the Indian Reorganization Act--living continuously on an existing reservation. A federal judge initially ruled against Category 2 as a basis to put the Mashpee land in trust but then said the DOI could revise its record of decision to include Category 1 which establishes 18 JUNE 2017 www.tribalbusinessjournal.com that the Tribe was under federal jurisdiction before the Indian Reorganization Act began. Cromwell says the tribe s historical legacy will meet that standard. The Mashpees partner in getting First Light built is Genting Group a Malaysian company that also loaned money for the Foxwood Resorts Casino and the Seneca Niagara Casino and Hotel. Genting understood the costs to get land into trust and has the staying power to go through litigation and construction Cromwell says. They have stood by us and they are very supportive. Genting s 2016 annual report says it has issued the equivalent of 322 million in promissory notes to the tribe at 12 percent and 18 percent interest rates. The size of the notes and the interest rates necessitate success for the casino. Cromwell is confident saying 5.8 million people are within demographic range of the casino including 43 percent of Foxwoods customers and 34 percent of Mohegan s customers. Cromwell wants to incentivize tribal members to gain employment rather than just getting capital distributions from the casino. There s no way around caps but it s education education education he says. Cromwell wants to see business development in the education housing energy free trade zone retail and health care sectors. Cromwell has faced critics to get where he is. For example a Wampaleaks blog questions just how Indian he is. In reality his mother was the tribal secretary for 35 years and Cromwell says he has been enrolled since he was born. She always wore her regalia to tribal meetings. She always had a strong voice about who our tribe is what our tribe is where our tribe is and how our tribe is. His father was a Mohawk. While Cromwell lived in the Boston area growing up he visit- COVER STORY ed family members in the Mashpee area frequently. People will out of ignorance because they don t like something try to make up something Cromwell says. He has a bachelor s degree from the University of Massachusetts in community planning and management and an associate degree from Roxbury Community College in computer information systems. He also has an honorary doctor in law from Suffolk University recognizing his work with the tribe. Cromwell s mother worked at Unisys where the office had a prominent photo of her in full regalia he says. Cromwell wore his regalia when he graduated. People knew who we were. While one blogger disparaged Cromwell s business credentials he was actually the director of a 500 million IT portfolio for Fidelity Investments. That helped him learn a lot about best practices in business technology and execution of business plans. Time quality and costs he says. Cromwell was elected to the tribal council in 2000 the same year it was formed. Chairman Glenn Marshall led the group until 2007 but was sentenced to nearly three and a half years in federal prison in 2009 for embezzling about 380 000 in tribal money and steering about 60 000 in illegal campaign contributions with the help of lobbyist Jack Abramoff the Boston Globe reported at the time. In 2008 lobbyist Kevin A. Ring who worked with Abramoff was indicted in the lobbying and bribery scandal as well. He got 20 months. Cromwell had enough and ran for chairman in 2009. I just didn t like the leadership. I didn t like where we were going--the hatred ignorance and bad attitude. I decided I m running for chairman now--it s my time he says. Cromwell s reform ticket cleaned house but he still had to overcome tribal members that did not totally buy into his vision. A 2011 Boston Magazine article says some tribal members thought Cromwell was loading the tribe up with too much debt. They tried to recall him but failed. In 2011 the tribe hit a major milestone with a 12.7 million loan from the U.S. Department of Agriculture to help build a 17 million 47 000-square-foot government and community center that s now open. The tribe was about broke when he took over Cromwell says and had about 1 million in grant funding. Now it has 20 million grant funding. It has gone from 20 employees to 130 and provides an array of health care services. The tribe in 2009 completed a 1 million project renovat- ing its 1684 meetinghouse which is called the oldest Native American Church in the eastern United States. Cromwell can see inscriptions in the wood from his great great grandparents. His mother was buried in the church cemetery in full regalia and wrapped in a blanket. We do it old school says Cromwell whose father died about 10 years ago. Cromwell says he feels an obligation to execute and deliver on his promises. Leadership is selfless. You get tired. You have to constantly inspire people and the people inHigh limit casino spire me with their passion. It s a strong circular symbiotic relationship he says. Assuming the Department of the Interior grants a favorable decision this month Cromwell may accomplish what his mother told him as he sat on her lap during tribal meetings One day you are going to lead the tribe. You are really going to make a change for our tribal nation. You are going to help get our people back what is rightfully theirs-- sovereign land and economic development. First Light Resort and Casino 150 000 square foot casino featuring 3 000 slots 150 gaming tables and 40 poker tables. Food court buffet two fine dining restaurants lounge and stage and a 24-hour caf . 10 retail stores. 3 000 garage spaces and 1 140 surface spaces 300-room luxury hotel with spa pool roof terrace and six event meeting spaces 300-room mid-range hotel with a 200-seat 24-hour restaurant and 15 000 square foot event center 300-room family hotel with a 25 000-square-foot water park and 500 more parking spaces www.tribalbusinessjournal.com JUNE 2017 19 Then President Barack Obama presented the Medal of Freedom to Chief Joe Medicine Crow in 2009 CHIEF JOE MEDICINE CROW S INSPIRATIONAL LIFE SPANS A REMARKABLE ERA BY ROBIN A. LADUE PHD The Last War Chief PART THREE OF A SIX-PART SERIES oe Medicine Crow the last war chief of the Crow people received the Presidential Medal of Freedom in 2009. He died in 2016 at the age of 102. 20 JUNE 2017 www.tribalbusinessjournal.com MEDAL OF FREEDOM In his long life he was a soldier and a warrior a teacher and a historian of the Plains Tribes. He was a founder of the Traditional Circle of Indian Elders and Youth. While this brief synopsis sums up a few of this remarkable man s achievements there is far more to his century-long life story. His life spanned a time before Native people were considered citizens of the United States and were allowed to vote to a time where Native people from all over the country and Indigenous people from all over the world came to stand in unity against the Dakota Access Pipeline (DAPL) that is set to be drilled under the traditional lands of the Standing Rock Sioux and the Missouri River. Joe Medicine Crow (High Bird) was born on the Crow Reservation in Montana. His mother was Amy Yellowtail and his father was Leo Medicine Crow also a war chief. Joe Medicine Crow s maternal step-grandfather was a scout for George Armstrong Custer the U.S. Calvary colonel who met his demise at the Battle of the Little Bighorn in 1876. It was from the stories of his maternal step-grandfather that Chief Medicine Crow began to learn the history of his people and about the Battle of the Little Bighorn. At a time when few Native people attended college and were usually forced into the Native American residential boarding schools Chief Medicine Crow began attending Bacone College in Muskogee Oklahoma in his early teens. He received an associate of arts degree in 1936 and he immediately went on to study psychology and sociology receiving his bachelor s degree from Linfield College in 1938. He continued his education earning a master s degree in anthropology from the University of Southern California in 1939. Chief Medicine Crow became the first member of the Crow Tribe to earn such a degree. In 1941 Chief Medicine Crow had completed his course work for a Ph.D. but left school when World War II erupted. He was a teacher at the Chemawa Indian boarding school in Oregon which today remains one of the few operating Indian residential schools. He worked for a time in the Bremerton Shipyards before joining the Army. Interestingly he followed in the footsteps of his maternal step-grandfather and became a scout in the 103rd Infantry Division. It is reported that in keeping with his Crow traditions he wore war paint and a sacred eagle feather beneath his helmet when he entered battles. According to the oral tradition and what writings there are Chief Medicine Crow was able to complete the four tasks required to become a Crow war chief One be the first warrior to touch an enemy during a battle. Two take away an enemy s weapon. Steal an enemy s horse. Lead a successful war party. Tribes that were near the Crow tribe included the many bands of Sioux the Blackfoot and the Cheyenne. The requirements to become a War Chief were the same or similar rules for becoming a Crow war chief. It was during his time in the Army that Chief Medicine Crow accomplished the tasks required to achieve the status of a war chief. He was able to touch the enemy without killing him (counting coup) disarmed a German soldier led a war party and successfully stole 50 horses from a battalion of German SS officers. As the story goes he sang a traditional Crow honor song as he rode away. The magnificence of what Chief Medicine Crow accomplished is awe inspiring and today is reflected in the actions of the Water Warriors who have and are standing guard for the sacred water. In this cynical and racist world particularly in the political climate of the United States today Chief Medicine Crow s knowledge and courage stand as beacons that can light the way for all Native people. After the war ended and Chief Medicine Crow was discharged he returned to the Crow reservation the land of his people. In 1948 at the age of 35 he became the tribal historian and anthropologist. He began working for the Bureau of Indian Affairs in 1951 when he was 48. For the rest of his life he advocated for Native people and also spoke of the history of his tribe the people of the Big Beaked Bird. He also taught about the Battle of the Little Bighorn and was a founder of the Little Bighorn College. Chief Medicine Crow spoke in front of the United Nations and he worked to preserve the stories history and the photographic history of his people. He was the author of several books including Crow Migration Story Medicine Crow the Handbook of the Crow Indians Law and Treaties Crow Indian Buffalo Jump Techniques From the Heart of Crow Country and Brave Wolf and the Thunderbird. Chief Medicine Crow epitomized all that was and is good about the warriors leaders and teachers of Native people. His bravery in battle earned him the Bronze Star and the French Legion of Honor. He was awarded the Good Conduct Medal the European-African-Middle Eastern Campaign Medal and World War II Victory Medal. He received honorary doctorates from Rocky Mountain College from the University of Southern California and from Bacone College. Chief Medicine Crow continued teaching and writing until his death at the age of 102 in April 2016. He lived a long and impressive life but people around him said one of his most outstanding characteristics was his humbleness. This article has presented three of the six Native American Presidential Medal of Freedom honorees. Every one of the winners have the following strengths The ability to persevere under the most trying of circumstances A keen sense of tribal traditions and living a life based on those traditions The ability to place the needs of their people above their own A sense of honor and a fierceness in preserving what is best about their world. The three honorees that will be discussed in the upcoming part of this series share these same characteristics. How large the shoulders and shadows of these giants are. Their actions and their ability to persevere under the worst of conditions helped ensure not only the financial stability but also ensured that the traditions values history and languages of their people will survive for generations to come. ROBIN A. LADUE PHD IS A RETIRED CLINICAL PSYCHOLOGIST WHO IS THE AUTHOR OF THE AWARD WINNING JOURNEY THROUGH THE HEALING CIRCLE AND THE AWARD-WINNING NOVEL TOTEMS OF SEPTEMBER. SHE IS AN ENROLLED MEMBER OF THE COWLITZ TRIBE. www.tribalbusinessjournal.com JUNE 2017 21 Let Us Help Solve Your Tribal Housing Needs We re a technology services company. 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Business License NV20111673156 NV Commercial. Mortgage Banker License CBKBR 0121262 AZ. www.tribalbusinessjournal.com JUNE 2017 23 24 JUNE 2017 www.tribalbusinessjournal.com FEATURE The Treaty of Fort Laramie STRUGGLES HOPES AND THE FIGHT FOR STANDING ROCK PART TWO OF A THREE-PART SERIES BY ROBIN A. LADUE Kelcy Warren chairman of Energy Transfer Partners P) said the route of the controversial Dakota Access Pipeline did not cross native land but a sliver of 1 000 feet of federal land beneath Lake Oahe. PHOTO BY TONY WEBB Bakken Dakota Access Oil Pipeline North Dakota www.tribalbusinessjournal.com JUNE 2017 25 T Custer s Last Stand at the Battle of Little Big Horn hat part of the pipeline would be tunneled using state-ofthe-art horizontal directorial drilling through soil nearly 100 feet below the bottom of the lake. This is about 20 times deeper than an existing pipeline that installed beneath the same lake in 1982 and has operated safely for about 35 years according to daplpipelinefacts.com. While Warren said that his company pipelines were safe an analysis by anti-pipeline environmental groups states that 42 spills occurred totaling more than 200 000 gallons of oil connected to Energy Transfer Partners and Sunoco Logistics Partners which completed a merger at the end of April. North Dakota has reaped billions of dollars in profits from the Bakken Oil fields. There was a huge push by ETP for a pipeline that would move Bakken Crude 1 127 miles south to Patoka Illinois. One of its investors was Donald Trump who owned ETP stock until December. The billions of dollars from the Bakken Oil fields and the construction of the DAPL led the North Dakota legislature to pass a bill that eliminates the reporting of oil spills less than 10 barrels (420 gallons) if they stay on well sites or facilities. The law has concerned some landowners. Another very troubling piece from the North Dakota legislation is a proposed bill that allows drivers to not face liability for damages if they unintentionally cause injury or death to someone blocking traffic on a roadway. (The bill was defeated in the House.) Both bills were 26 JUNE 2017 www.tribalbusinessjournal.com FEATURE PHOTO BY SHANE BALKOWITSCH Elder addressing crowd at Dakota Access Pipeline results from the Water Warriors protests. While Warren s stance that the DAPL did not cross Native land has been the standard statement the land s ownership between the current Standing Rock Sioux Reservation and Lake Oahe is still disputed. In the mid-late 1800s there were several attempts to resolve the dispute. These attempts included the Fort Laramie treaties of 1851 and 1868. These treaties did not resolve the conflicts among the indigenous people and the settlers gold miners seeking land. Slaughtering buffalo escalat- ed which was intended to starve the Natives into submission. After the 1868 Fort Laramie treaty was signed the traditional and ancestral lands of the Great Sioux Nation including the Hunkpapa and Sihasapa people were taken from them. Prior to being forced onto small parcels of land the Sioux people were decentralized and freed to live a nomadic life from the Missouri River west to the Black Hills and beyond. It had been hoped that the second treaty of Fort Laramie in 1868 would avert conflicts between the an- cient people of the lands and the European settlers. However in 1874 the violations of the Fort Laramie treaties increased with the discovery of gold in the sacred land of the Black Hills in the western portion of what is now South Dakota and the eastern portion of Wyoming. These lands include the first national monument the Devils Tower known to the indigenous people s as Bear s Lodge Bear s Lair Home of the Bear Great Gray Horn Tree Rock and Brown Buffalo Horn. An interpreter misinterpreted the name and www.tribalbusinessjournal.com JUNE 2017 27 PHOTO BY ROB 87438 Marchers turn the corner at the NoDAPL march in Washington D.C. that led to the present name of Devils Tower. In 1874 General George Armstrong Custer in direct violation of the 1868 Fort Laramie treaty brought the troops of the 7th Calvary. During that incursion into Indian Country gold was discovered. Soon after an influx of gold miners and settlers came to the Sioux Territory of the Black Hills. The U.S. government planned to purchase or rent the Black Hills from the Sioux people. As has been typical of the United States the government failed to appreciate the true value and preciousness of the land to the Native people. Under the guidance of the great Sioux leader Sitting Bull (c. 1831-1890) the Sioux people and other tribe members of the Great Plains refused to release their claim to the sacred Black Hills. The Great Sioux War of the 1870s began in 1876 with a series of negotiations and battles. The United States refusing to acknowledge the rightful claims of the Sioux tribes to the Black Hills sent battalion after battalion to 28 JUNE 2017 www.tribalbusinessjournal.com fight the tribes of the Plains pushing them onto small reservations with poor land and no buffalo. The U.S. government attempted to force nomadic people into farming but as has been the case for hundreds of years the land was not fertile. On June 25-26 1876 the most famous battle of the Great Sioux wars occurred at Greasy Grass also known as the Battle of the Little Big Horn in eastern Montana Territory. The battle was led against the 7th Calvary a military force of 700 troops and by the great warriors of the Sioux people Sitting Bull Crazy Horse Chief Gall Lame White Man 1 and Two Moon. On the side of the United States the 7th Calvary was led by the arrogant General George Armstrong Custer. In a battle still celebrated by the Native people of the land the battle of Greasy Grass was an overwhelming victory by the Lakota Northern Cheyenne and Arapaho people. The Cavalry lost 268 members including Custer two of his brothers a nephew and a brother in law. Fifty-five were severely wounded. Included in the death toll for the United States were four Crow Scouts and two Pawnee Indian Scouts. There is a story that has moved from legend into mythology that the women of the Sioux tribes used needles to puncture Custer s ears so he could hear better in the afterlife. The body of Custer s brother Tom was so severely mutilated he could only be identified from a tattoo. Custer became a larger-than-life hero to the American public. However while the mythology of Custer grew well into the 1960s there is now a movement to tell the truth of the heroism of Sitting Bull Crazy Horse and the other leaders of the Battle of Greasy Grass. In his seminal 1969 work Custer Died for Your Sins the late Vine Deloria Jr. spoke about the battles involving indigenous people that continued well into the 20th century. The fight continued with the battle of the Water Warriors against thousands of federal state and local troops. What was lost in the haze of history surrounding Custer was a true loss to the Native people of the Plains. After the re- FEATURE sounding loss at Greasy Grass the United States doubled down on its efforts to bring the Plains tribes to heel. Despite the beauty of the Black Hills miners saw them as only a means to wealth. Bears buffalo wolves and Native people were simply seen as impediments to progress and with the force of Kelcy Warren the Army Corp of Engineers the North Dakota government and militarized police that terrorized the Water Warriors of Standing Rock the invasion of Native lands continued. In 1877 an alleged agreement was reached that led to the loss of the Black Hills by the Sioux people. The agreement took Sioux land and permanently established Native American reservations. The agreement was forced onto the Native people of the Dakotas. But even this agreement held little value to the United States government. In February 1890 the United States government broke this treaty. The land of the great Sioux Nation was reduced again and five smaller reservations were created. This last broken treaty was the end of the nomadic life of the tribes of the Great Plains. The buffalo were gone and the United States policies were summarized by Thomas Morgan the U.S. Commissioner of Indian Affairs in 1889. The Indians must conform to the white man s ways peaceably if they will forcibly if they must. They must adapt to their environment and conform their mode of living substantially to our civilization. This civilization may not be the best possible but it is the best the Indians can get. They cannot escape it and must either conform to it or be crushed by it. The tribal relations should be broken up socialism destroyed and the family and the autonomy of the individual substituted. It is almost impossible not to see the courageous Water Warriors of Standing Rock standing in 26-degree weather as they were pummeled by the torrents of freezing water from the militarized police s water cannons. While the public watched as was the situation in the 1800s and well into the first decades of the 21st century turned a blind eye to the legitimate stance of the Water Warriors. In the late 1800s the Ghost Dance a new spiritual belief was started by a Paiute leader Wovoka. The purpose of the Ghost Dance was proper practice of the dance would reunite the living with spirits of the dead bring the spirits of the dead to fight on their behalf make the white colonists leave and bring peace prosperity and unity to Indian peoples throughout the region. In the time of the destruction of the Native people of the Plains and in fact across the entire continent Native people dancing was only viewed as one thing a call to battle. The final destruction of the Native people their souls and their hopes were vanquished into the tragedies of history with the massacre at Wounded Knee. It can best be described below The Ghost Dance was associated with Wilson s (Wovoka s) prophecy of an end to white expansion while preaching goals of clean living an honest life and cross-cultural cooperation by Indians. Practice of the Ghost Dance movement was believed to have contributed to Lakota resistance to assimilation under the Dawes Act Robert Utley wrote in The Last Days of the Sioux Nation. In the Wounded Knee Massacre in 1890 U.S. Army forces killed at least 153 Miniconjou and Hunkpapa from the Lakota people. The Lakota variation on the Ghost Dance tended towards millenarianism (belief in an imminent thousand year age of blessedness) an innovation that distinguished the Lakota interpretation from Jack Wilson s original teachings. The Caddo Nation still practices the Ghost Dance today. This writer on a warm June day in 1990 a hundred years after the slaughter of 300 innocent people of the Lakota people stood on the hill by Wounded Knee. The sign by the mass grave of people said The Battle of Wounded Knee with the word battle covered and replaced with the saddest of all words massacre. The soldiers who turned their Gatling guns on the innocents of Wounded Knee received medals of honor and were glorified in their dirty deeds much as the 45th president has praised Kelcy Warren and the Army Corp of Engineers for pressing forward through the unceded land of the Sioux People of Standing Rock. It would be tempting to leave the story of the Lakota Cheyenne Hunkpapa Arapaho Arikara Yankton and other bands of the Plains Tribes buried in the mass graves of so many innocents. Yet as the Water Warriors of Standing Rock have shown the battle is not over. No amount of freezing water rubber bullets grenades and chemicals false legal charges or the changing of laws in North Dakota to prevent the free and peaceful assembly of civilians has yet stopped the push of Native people for clean land air and water. While the forum of the battle may have changed the fight for the ancient land continues. While the Black Snake of the DAPL in spite of the protests of the tribal people now flows under Lake Oahe other battles are present. In the final part of this series the battle of Standing Rock and the Great Sioux Nations will be explored as it has continued into the present. In this time of cultivated racism violence against women children the disabled and those who do not fit the mold of the white world it is well worth remembering that we as Native people are still here and the fight will continue. ROBIN A. LADUE PHD IS A RETIRED CLINICAL PSYCHOLOGIST. SHE IS AN ENROLLED MEMBER OF THE COWLITZ INDIAN TRIBE OF WASHINGTON STATE. SHE HAS TRAVELED THE WORLD AS A LECTURER ON HISTORICAL TRAUMA IN INDIAN COUNTRY AND THE PREVENTION AND TREATMENT OF FETAL ALCOHOL SYNDROME IN NATIVE AND OTHER INDIGENOUS COMMUNITIES. SHE IS THE AUTHOR OF THE AWARD WINNING EMMY-NOMINATED SERIES JOURNEY THROUGH THE HEALING CIRCLE. HER FIRST NOVEL TOTEMS OF SEPTEMBER WAS PUBLISHED IN 2013. SHE WAS A VISITING PROFESSOR AT WAIKATO UNIVERSITY IN HAMILTON NEW ZEALAND. SHE WAS AN ASSOCIATE CLINICAL PROFESSOR AT THE UNIVERSITY OF WASHINGTON FETAL ALCOHOL AND DRUG UNIT AND THE NATIVE AMERICAN CENTER FOR EXCELLENCE AT THE UNIVERSITY OF WASHINGTON MEDICAL CENTER. SPECIAL THANKS AS ALWAYS TO ALAN J. WILLOUGHBY J.D. MPH FOR HIS TIME AND EFFORTS IN EDITING YET ONE MORE ARTICLE. www.tribalbusinessjournal.com JUNE 2017 29 EDUCATION A Fighting Financial Distress Report highlights a major issue in Indian Country BY KEVIN GALE cent for white Americans. Only 25 percent of Native Americans could come up with 2 000 if an unexpected need arose over the next month compared with 45 percent for white Americans. Other minority groups also had lower percentages except for Asian Americans. Native American respondents are less likely to say they learned about money from family members Dewees says. When you have intergenerational poverty you might not have financial role models. To help fix the issue many tribes and tribal organizations are emphasizing financial education Dewees said. The Alliance for Native Financial Empowerment offers a program called Building Native Communities Financial Skills for Families. It covers topics from balancing your checkbook to using credit wisely. First Nations and Oweesta Corp. also have a series of financial literacy e-books that can be newly released study found Native Americans have higher levels of financial fragility and distress than many other groups. Symptoms of financial distress include overdrawn checking accounts calls from bill collectors and not saving for retirement or college. There are also challenges with financial knowledge such as Native Americans being less likely to learn about personal finances from their parents according to Race and Financial Capability in America Understanding the Native American Experience. The study was based on data collected by the Financial Industry Regulatory Authority.One of the study s authors is Sarah Dewees senior director of research policy and asset-building programs of the First Nation s Institute which helps strengthen Native American economies. Financial literacy is a challenge for U.S. society as a whole Dewees said in an interview with TBJ. Unfortunately it s not going well for most people but it s going even worse for Native Americans. For example 83 percent of Native Americans and Alaska Natives have a savings or checking account while the percentage is 93 per- 30 JUNE 2017 www.tribalbusinessjournal.com downloaded at www.firstnations.org knowledge-center financial-edu- state of Native asset building and share information about Native asset building models funding sources partnership opportunities research cation bnc. The Center for Native American Youth at the Aspen Institute and training and technical assistance. ONAC in December announced the results of mini grant funding to the Native American Finance Officers Association have launched the Gen-I Career Success Fellowship which includes coursework on foster Native asset building projects. In one effort The Mvskoke Loan Fund used a grant to have Rural personal finance. For more information email Cody Harjo at cody Dynamics of Montana visit and train three staff members to become nafoa.org Choctaw Asset Building choctawcab.com is having a webinar on certified credit counselors. In turn the counselors will help Native financial planning for young adults on July 21. The website also lists entrepreneurs improve their credit ratings and receive business loans from the Mvskoke fund. financial literacy classes in five different locations. In another effort the Eastern Shawnee Tribe of Oklahoma presentThe nonprofit Oklahoma Native Assets Coalition works with tribes and partners interested in establishing asset-building initiatives and ed a class by Dave Ramsey called Financial Peace University. The programs to help create economic self-sufficiency for tribal citizens. program which included video teaching and class discussions taught The organization s newsletter available at oknativeassets.org lists a participants how to get rid of debt manage money and plan for reJuly 18 conference in Oklahoma City that will examine the current tirement. .125 bleed 4c Tribal Business Journal 89583_KeyBank_NativeAmericanPrint_EconDev 7.325 x 4.9 Building for the future of your Nation When Native American Nations look for a bank to help build a legacy of nancial stability they turn to us. That s because Key s commitment runs as deep as each Tribe s culture. With over 60 years of experience 4B in capital deployment and 1.2B in investment and trust management we know how to provide tailored nancial solutions for today s challenges and tomorrow s legacy. To learn how we can help your Nation succeed visit key.com nativeamerican. Credit products are subject to credit approval. Key.com is a federally registered service mark of KeyCorp. 2017 KeyCorp. KeyBank is Member FDIC. E89583 160909-129554 89583_KeyBank_NativeAmericanPrint_EconDev_Tribal.indd 1 www.tribalbusinessjournal.com JUNE 2017 31 5 4 17 12 00 PM A Financial Literacy Begins Early BY LEVI RICKETS Although this was just a game for these New Mexico high school students they soon learned there are pitfalls in life if you do not make the correct financial decision. Isaiah Jojola 16 a sophomore at Los Lunas High School who is from Isleta Pueblo said he s learned a lot about finances from his family and did well at the Spending Frenzy game. While some of his friends spent all their money Isaiah had cash left over after buying a truck full coverage insurance and rented an apartment. He said he has watched and listened to his parents talk about household expenses and how not to be wasteful. During the career portion of the program students heard about careers in tech media film and what it takes to be an entrepreneur in addition to educational opportunities. Keynote speaker Tony Dearman a member of the Cherokee Nation and director of the Bureau of Indian Education encouraged students to face their fears make mistakes and get away from what he called stinking thinking a negative attitude. Dearman says he doesn t watch television or engage in social media and listens to motivational speeches in the morning to set a positive tone for the day to have good going in and good coming out. The problems you have today are training you for tomorrow he s tribal business enterprises increase there is a need for tribal members to be more financial literate. The American Indian Chamber of Commerce of New Mexico thinks teaching financial literacy begins with Native youth. Earlier this year the American Indian Chamber of Commerce of New Mexico teamed up with Tiwa Lending Services the Pueblo of Isleta and the Office of Special Trustee to sponsor the Native American Youth Empowerment Symposium. It was an event combining career and scholarship information as well as financial literacy. About 150 Jicarilla Apache Navajo and Pueblo students from Bernalillo Dulce Jemez Valley and Los Lunas high schools and nearby Albuquerque attended the event at the Isleta Resort and Casino to learn about budgeting savings and investing. During part of the day-long symposium the students played the Spending Frenzy game which gives each student 30 000 in playcash. Students then make decisions on how to spend their money. They began to purchase houses vehicles food and buy everyday items. Some of the students soon learned that 30 000 did not go far. 32 JUNE 2017 www.tribalbusinessjournal.com EDUCATION said. Be a problem-solver and not a problem finder. The symposium was an outgrowth of a youth gathering in 2016 focusing on financial literacy that was put on by Tiwa Lending Services (TLS) a community development financial institution that assists Isleta Pueblo members with low-interest credit builder or home loans. The American Indian Chamber of Commerce of New Mexico joined as a partner this year bringing business and educational representatives to promote motivate and encourage networking leadership and entrepreneurship. Good financial planning will also help students get to where they want to go in life said Sheila Herrera Tiwa Lending Services Executive Director. They don t teach this in high schools she said. Students need to know to stay away from credit cards and learn that credit scores can also affect getting a job. Herrera a former title escrow officer and senior loan officer teaches financial literacy including information on insurance retirement and investments in the Pueblo as part of her program s community outreach. Since financial education programs have been taught in Isleta residents have taken out loans to buy two homes remodeled several houses and built 36 and no residents have defaulted on their loans. Russell Pedro AICCNM Business Development Specialist said it was an honor to join forces with Tiwa Lending Services the Pueblo of Isleta and the groups community partners from across the state to Students received helpful training bridge the gap between our future and current youth and our tribal leadership small businesses financial institutions scholarship departments and academic communities to showcase the many great examples and resources that they can turn to for help along their professional and academic journeys. When you find your passion make a difference and be a voice in your community don t forget our religion our ceremonies our dances and our prayers Pedro said encouraging young people to learn from each other and listen to other points of view. Above all else remember where you come from and who we are as Native people. Listen with your mind heart and soul. Even if the students never work for a tribal business enterprise the financial literacy can be useful for a lifetime in their personal lives. Native American owned and operated with professionally trained accountants who understand the nuances unique to Native governments ensuring you... ...Peace of Mind 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. PROFESSIONALLY TRAINED COMMITTED HIGH TECH CERTIFIED Contact Mark Ford (214) 217-2600 x118 NativePartnership.org (505) 798-2550 info mccabecpa.com www.tribalbusinessjournal.com JUNE 2017 33 Navajo Nation President Russell Begaye cuts the ribbon at the Raytheon expansion A New Raytheon Din Facility Brings Jobs to Navajo Nation BY LEVI RICKERT of Farmington New Mexico. The facility is bringing 70 new jobs. Prior to the opening of the new warehouse Raytheon employed 300 highly skilled employees. Some with traditional Navajo skills such as weaving and making jewelry who were a good fit for the intricate work at Raytheon. In 2016 the Navajo Nation presented its Business of the Year award to Raytheon Din highlighting the facility s strong business growth positive community impact innovative manufacturing capabilities and technically advanced products. In late April Begaye participated in a ribbon-cutting ceremony to formally open the warehouse. The new warehouse enables Raytheon to increase production efficiency while reducing risk to materials and products. The Raytheon Din Facility stores and generates parts for 12 missile programs including the Tomahawk cruise missile Javelin weapon system and Advanced Medium-Range Air-to-Air Missile. Raytheon says the number of additional jobs could rise to 200 as demand increases. Raytheon s products are being used in campaigns against the Islamic State. The types of jobs include assembly line operators engineers supervisors and managers. Many of the employees are experts in intricate mechanical electro-mechanical and harness assembly. The good news is over 90 percent of those employed by Raytheon at the new facility are Navajo Nation citizens. With a foundation of skilled Navajo technicians crafting the highest quality products fter he won the presidency of the Navajo Nation in 2015 President Russell Begaye and key advisors established four pillars by which the new administration would govern veterans veterans services youth elders infrastructure and job creation. Begaye realizes job creation has to occur to grow the Navajo Nation s tribal economy on a reservation that is 27 413 square miles in size and home to some 300 000 tribal citizens. During the first year of his administration Begaye worked with Raytheon Co. a major defense contractor committed to build a new 5 million 30 000-square-foot warehouse at the Navajo Agricultural Products Industry (NAPI) Industrial Park south 34 JUNE 2017 www.tribalbusinessjournal.com TRIBALNOMICS Raytheon is one of the nation s largest defense contractors President Begaye is enthusiastic about the job opportunities created by the expansion of the Raytheon plant the 93-percent Navajo-staffed facility in Din includes Navajo team members in all roles from operators to engineers to man- agement Begaye said. Safety security professionalism and respect are hallmarks of the Raytheon Din team. Raytheon s efficient and effective manufacturing practices make the company a clear choice as a best business. The skills learned at the Raytheon operation are transferrable and can be applied anywhere Begaye said. The dollars brought into the Navajo Nation by these employees is a great opportunity. We are willing to invest in these industries and we will spend more to provide additional jobs for our people. Raytheon Company headquartered in Waltham Mass. is happy with the produc- tion from the employees at the Din facility. Our NAPI facility has delivered exceptional production and safety metrics making it the ideal location for us to expand our high-rate production capability Louise Francesconi Raytheon Missile Systems president said at the ribbon-cutting ceremony. We look forward to building on its success with this expansion. The Navajo Nation paid for over 95 percent of the funds needed to complete the project while San Juan County contributed the balance. The Navajo Nation retains ownership of the building and leases it to Raytheon. This expansion would not have been possible without the strong partnership among the Navajo Nation the state of New Mexico and Raytheon said Taylor W. Lawrence president of Raytheon Missile Systems. Growth here highlights the ongoing importance of these systems to our nation s defense. We re proud to partner with Raytheon and the Navajo Nation in the work to diversify New Mexico s private sector economy said New Mexico Gov. Susana Martinez. With this expansion we continue to uphold New Mexico s proud tradition as a leader in national defense. We as a nation must diversify our economy and bring in other forms of jobs and revenue Begaye said. We are creating the Naa taa nii Development Corp. to recruit companies to the Navajo Nation. Our people have the intricate skills attention to details and focus on quality to build high-tech products for consumers. www.tribalbusinessjournal.com JUNE 2017 35 urgent housing issues Study conference address BY KEVIN GALE A With a major Native American housing conference coming in June there s plenty to discuss. U.S. Department of Housing and Urban Development study released earlier this year states that physical issues with housing have declined enough to be negligible in the United States but not for American Indians and Alaska Natives--particularly those who live in tribal areas. While 1 percent of U.S. homes have plumbing deficiencies the share is 6 percent in tribal areas according to American Housing Survey data cited by HUD. The share with heating deficiencies is 2 percent nationwide but 12 percent in tribal areas. The study also found 16 percent of homes in tribal areas are overcrowded vs. 2 percent for the U.S. in general. This study generally confirms what has become the conventional wisdom about homelessness in Indian Country namely that in tribal areas homelessness mostly translates into overcrowding rather than having people sleeping on the street the study says. The housing survey conducted in 2013 2015 found that 42 000 to 85 000 people in tribal areas 36 JUNE 2017 www.tribalbusinessjournal.com HOUSING were staying with friends or relatives because they had no home. I think the Native community is very small and close knit. Larger families know each other growing up and living in the same area says Anthony Walters the new executive director of the National American Indian Housing Council. It s a phenomenon where no one is going to drive down the street and not offer a hand or a bed for the night. The study estimates that 33 000 housing units are needed to eliminate overcrowding in tribal areas and 35 000 units are needed to replace those that are severely inadequate from a physical standpoint. The Native American Housing Assistance and Self-Determination Act (NAHASDA) passed in 1996 was a step towards more self-determination but there is a major issue. While Congress has provided a fairly consistent level of funding for Indian Housing Block Grants it has been eroded by inflation. The 637 million in housing developments funds for 2014 represented only 440 million in 1998 purchasing power the study found. Walters says NAHASDA reauthorization is his top priority. Congress has been funding it on a year-to-year basis since its expiration in 2013. One question is how well funding will go with a new administration. It s certainly tough. I don t know that gains will be quick to come by or possible in the next year or two but advocating on behalf of our members sharing our success stories and showing what they have done with their funds... those stories are what drive the legislative process says Walters who recently served as staff director and chief counsel to U.S. Sen. Jon Tester D-Montana for the Senate Committee on Indian Affairs. Walters says Indian Country also can look to other government agencies such as the U.S. Department of Agriculture for funding. Some of the programs are not Native American specific But there is no reason we should not be accessing them he said. The HUD study found some programs such as direct loans from the U.S. Department of Agriculture for rural housing have helped overcome tribal land trust issues when it comes to getting a mortgage but lenders find the programs time consuming. The NAIHC annual meeting will include lenders who will talk about how tribes can get access to mortgages and broader community development as well Walters said. The study found the Helping Expedite and Advance Responsible Tribal Homeownership (HEARTH) Act of 2012 is a promising approach to assist tribes in assembling land for development. Under this program tribes are authorized to execute agricultural and business leases on tribal trust lands for a primary term of 25 years and up to two renewal terms of 25 years each without approval by Department of the Interior. One of the organizations helping tribes with financing is Indian Land Capital which makes loans based on the full faith and credit of a Native American nation. In 2011 for example Indian Land Capital gave a loan to the Yurok Housing Authority to acquire land in Culver City California to construct elder housing units and develop commercial space across from a Super Walmart. Derek Valdo AMERIND NAIHC partner on conference The National American Indian Housing Council has a close partnership with AMERIND Risk to jointly hold their annual meeting and trade show from June 27-29 in Nashville. AMERIND CEO Derek Valdo says NAIHC played a key role in the creation of AMERIND in 1986. Basically commercial America looked at rural Indian Country and said it was too risky. The premiums they charge were pretty exorbitant Valdo says. Every tribe receiving funding from the U.S. Department of Housing and Urban Development became a member of AMERIND when it came into existence Valdo says. AMERIND insures a little more than 11 billion of property nationwide including 65 000 single-family homes and a little over 4 000 multi-family and commercial properties Valdo says. That includes culturally significant homes such as chickee huts and earth mound homes. AMERIND insures about 95 percent of the housing in Indian Country Valdo says. AMERIND started out giving 10 000 a year to support the NAIHC but that increased to 200 000 in 2012. In 2013 the two groups partnered on a joint conference realizing about 60 percent of their attendees went to both conferences. Last year about 800 attendees attended the conference in Hawaii. Valdo is expecting a thousand this year. TURNING NATIVE WOMEN S ENTREPRENEURIAL IDEAS INTO REALITY BY APRIL D. TINHORN I Participants in Project DreamCatcher received an intensive week of training Project DreamCatcher nstead of customary cap and gown attire this graduation ceremony featured traditionally dressed Native women entrepreneurs carrying flags from the People of the Tall Pines (Hualapai) Desert People (Tohono O odham) and The People (San Carlos Apache and White Mountain Apache tribes). Indeed this was no ordinary Thunderbird School of Global Management convocation ceremony on April 10 at the home campus of Arizona State University in Glendale. Surrounded by tribal leaders advocates family and friends 15 Native women became the second cohort of Project DreamCatcher. Project DreamCatcher is funded by the Freeport-McMoRan Foundation and brings cohorts of Native American business- women to Thunderbird s Glendale campus for an intensive week of training. Participants balanced school opportunity and the great unknown all while operating on a few hours of sleep each night. A true week in the life of an entrepreneur the DreamCatchers visited co-working spaces toured Native owned businesses gained insights into financing options and conducted speed dating with business subject matter experts--while also learning about business strategy marketing pricing bookkeeping record keeping and goal setting. When I first walked into the hotel Vivian [Parker] said she 38 JUNE 2017 www.tribalbusinessjournal.com ENTREPRENEURIAL SPIRIT Abigail Powskey (Hualapai) is owner of Love Yourself Mobile Massage a mobile therapy business Gail Pechuli (San Carlos Apache) makes and sells jewelry with beads and stones from all over the world Rhoda J. Ethelbah aka Lady Crow (White Mountain Apache) is a drummer and vocalist with Apache Spirit wanted to own a bed and breakfast. That was her dream. One week later she invited me to stay at her bed and breakfast. Next year it will be open for business at her tribe s Grand Canyon West s Anniversary celebration shared Vivian Guevara (Tohono O odham) a Project DreamCatcher graduate. For many Native women who are contemplating making the jump to full-time entrepreneurship programs such as Project DreamCatcher can provide information and relevant experiences to help in their decision-making process. Why do programs like Project DreamCatcher matter Women reinvest 90 percent of their incomes in their families and communities (compared with 30- to 40- percent for men according to information on Dreambuilder.org). Financial spending decisions can have nominal to far reaching effects such as buying breakfast burritos from a woman tribal vendor or selecting a Native woman-owned marketing firm. Not only do programs such as Project DreamCatcher educate and provide resources but they also can create unexpected networking opportunities among the Native American women business community. As such alumna came back to support the new class by leading ice breakers and sharing family business lessons learned by Wynona Larson (Tohono O odham) co-owner of Big Boy Southwest Construction offering advisement sessions with Caroline Antone (Tohono O odham) owner of I mig LLC and Tamera Bowyer (San Carlos Apache) owner of Tamerashea Massage Therapy and providing graduation MC services by Teresa Choyguha (Tohono O odham) comedian. I played a role by facilitating 30 second elevator pitch exercises. Did You Know There are now an estimated 153 400 Native American Alaska Native women-owned firms employing 57 400 workers and generating 10.5 billion in revenues. Native American Alaska Native women-owned firms account for 51 percent of all Native American Alaska Native-owned firms. Native American Alaska Native women-owned firms are more likely than average to own construction firms. Native American Alaska Native women comprise just 1 percent of women owned firms nationally but that share rises to 10 percent in Oklahoma 9 percent in New Mexico and 3 percent in Arizona. The greatest numbers of Native American Alaska Native women-owned firms are located in California (21 400) Oklahoma (9 100) and Texas (8 400). Between 2007 and 2016 the number of Native American Alaska Native women-owned firms increased by 59 percent the lowest rate of growth among all women of color. Sources Womenable.com National Association of Women Business Owners (NAWBO) www.tribalbusinessjournal.com JUNE 2017 39 GREAT BUSINESSES SEE UNCHARTED AS OPEN OCEAN A NEW AND UNCONTROLLED MARKET SPACE THAT CREATES NEW WEALTH. Paradigm Shift ELECTRONIC CLASS 1 GAMING UNDER IGRA BY KILMA S. LATTIN 40 JUNE 2017 www.tribalbusinessjournal.com SPECIAL REPORT s it possible the entire Indian gaming industry is using only two of its three allowable economic engines Since 1988 the Indian Gaming Regulatory Act (IGRA) has authorized three distinct classes of gambling on Indian lands. Yet the entire industry has been built on just two gaming classes Class 2 and Class 3 wholly dismissing Class 1 gambling as--tribal tradition. Surely the intent of IGRA wasn t to freeze Native American tradition in 1988. If American Indian gambling traditions were not terminated by IGRA in 1988 then electronic Class 1 gambling for real money has a home alongside the other two classes of gambling--using the most modern technology available. And the tribe that grasps that concept and runs with it shall be--sovereign. In 2014 Holland & Knight (H&K) was commissioned to investigate whether electronic forms of traditional Class 1 Indian tribal games would pass legal muster as legitimate traditional Class 1 gambling games under IGRA for real money. Zehava Zevit led the investigation and analysis supported by colleagues Jerry Levine and Gregory Baldwin. The investigation focused on multiplayer versions of electronic Class 1 gambling games and whether those games would be subject to the NIGC s authority and its MICS. Also analyzed were payment processing UIGEA The Interstate Horseracing Act The Wire Act The Johnson Act PASPA BSA and how the games might be adjudicated in a court of law. The Indian Canons of Construction and the Select Committee on Indian Affairs background explanations of IGRA s provisions were consulted. Particular attention was paid to plausible interpretations of electronic Class 1 Gambling (i.e. the how when and where of Class 1 Gambling). Definitions such as electronic aid technological aid social games prizes of minimal value traditional individuals tribal ceremonies and celebrations game features facsimile games of chance and games of strategy were thoroughly considered. Historically the results are pivotal. Among one of the findings is that tribes are entitled to develop and evolve their gambling traditions when and how they see fit. If a tribe chooses to strategically build an electronic Class 1 gambling game using technology not available in 1988 when IGRA was written Zevit et al. conclude that a court properly applying federal law should find provided the provisions of the 39 page legal analysis are met that the game should qualify as traditional Class 1 under IGRA that is available for real money gambling when offered in electronic format on Indian lands. Moreover the NIGC s MICS should not apply and the gambling should be legal under the necessary federal statues UIGEA IHA Johnson Act Wire Act etc. From a business perspective electronic Class 1 gambling is intriguing for both the industry and consumers because it s unbound and uncreated like early Class 2. Virtual reality (VR) augmented reality (AR) and social are the go-to platforms for electronic Class 1 gambling experiences. We know that consumers are hungry for new gaming experiences. Fulfilling this concept for consumers would most certainly generate new patents inventions and innovations in both hardware and software. It would also forge new alliances with tribal entities and deepen existing ones. Immediate examples of electronic Class 1 games and their technological criteria and features can be found in the full legal analysis. But there is no closed list of games and IGRA allows anyone to play. While strong arguments favor the legality of electronic Class 1 gambling this is uncharted legal territory. But great businesses see uncharted KILMA S. LATTIN MBA IS FOUNDER as open ocean a OF OURGAMES LLC A PAST EXECUTIVE new and uncon- COMMITTEE MEMBER OF THE PALA BAND trolled market OF MISSION INDIANS AND RECEIVED space that creates THE SOLDIERS MEDAL FOR VALOR AS AN new wealth. OFFICER IN THE U.S. AIR CAVALRY. www.tribalbusinessjournal.com JUNE 2017 41 SPECIAL REPORT GAMING How to make Gaming Distributions More Tax Efficient BY KENNETH PARSONS AND KATHLEEN NILLES any tribes are able to make distributions out of net gaming revenues to their tribal members on a per capita basis. But because per capita distributions from gaming revenues are fully taxable at ordinary income tax rates the taxman takes a big bite. Fortunately there are a few actions that tribal leaders can take to reduce federal and state taxes on tribal member income MAKE DISTRIBUTIONS FROM NONTAXABLE SOURCES OF TRIBAL REVENUE Based on IRS guidance interpreting the Per Capita Act of 1982 the following sources of income may be earned by an Indian tribe and distributed to tribal members free of tax income from leases easements and other uses of federal trust land income from trust resources such as timber mineral deposits oil and gas income from the sale of trust land or from damage awards related to trust land Published IRS guidance limits the tax exemption to amounts held in a tribal trust account administered by the Bureau of Indian Affairs. However several tribes and their representatives are working to broaden the IRS guidance to amounts received from tribal leases and trust resources even when such amounts are not held in a tribal trust account. MAKE PAYMENTS PURSUANT TO GENERAL WELFARE PROGRAMS Section 139E of the Internal Revenue Code is specifically designed to exempt certain payments made by an Indian tribe to its members spouses and dependents of tribal members. This provision allows tribal governments to provide a wide range of excludable benefits ranging from education and housing to elder care and cultural programs. To maximize the potential tax savings a tribal program inventory should be undertaken to ensure that the tribe s existing programs and procedures comply with the statutory requirements for exclusion from income and to consider the establishment of new programs to meet the needs of the tribal membership. ADOPT A DEFERRED PER CAPITA SAVINGS PLAN As noted above per capita distributions are taxable at ordinary income rates. Further since such distributions are not considered 42 JUNE 2017 www.tribalbusinessjournal.com earned income no portion of the revenues can be contributed by the tribal member into a 401(k) plan or other type of deferred compensation plan. However IRS administrative guidance provides a roadmap for tribes to establish a deferred per capita savings plan that allows tribal members to voluntarily defer receipt of a portion of their per capita distribution by having it placed in a grantor trust owned by the tribe where it grows tax-free until distribution. Of course there are many reasons in addition to income tax savings that a tribal member might voluntarily decide to defer receipt of a portion of a per capita payment. Most tribal leaders have found that members appreciate having options and this is one that a tribe can establish for its members at minimal expense. CONDUCT A TAX-EFFICIENCY AUDIT OF THE TRIBE S MINORS TRUST Although most tribes have already established trusts to hold gaming revenues for their minor members tribal leaders should make sure the trust complies with current IRS guidance and accomplishes the tribe s goals. The benefits of a minors trust include simplified tax compliance for the minor members and their parents by deferring taxation until actual distributions are made tax-free compounding of investment returns which generally offsets the potentially higher effective tax rates applicable to the cash distributions made at age KENNETH PARSONS 18 or older AND KATHLEEN NILLES Staggering disARE BOTH ATTORNEYS tributions over a AT HOLLAND & KNIGHT period of years LLP A LAW FIRM provides enhanced WITH A SIGNIFICANT tax deferral and inNATIVE AMERICAN vestment returns LAW PRACTICE. THEY as well as reducADVISE INDIAN TRIBES ing the impact of AND THEIR GAMING the Kiddie Tax by ENTERPRISES ON TAX delaying some or ISSUES AND CAN BE all of the distribuREACHED AT KEN. tions beyond the PARSONS HKLAW.COM age at which the AND KATHLEEN.NILLES tax applies. HKLAW.COM. 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 The only national organization dedicated to advancing Indian Country tourism across the United States. 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 www.tribalbusinessjournal.com JUNE 2017 43 JOIN US AND LEARN MORE AT WWW.AIANTA.ORG FEATURE Inaugural Classic Oneida Nation poised for exposure economic rewards from LPGA event BY JANEE DOXTATOR-ANDREWS www.tribalbusinessjournal.com JUNE 2017 45 Josh Doxtator 46 JUNE 2017 www.tribalbusinessjournal.com FEATURE I n fall 2015 the Ladies Professional Golf Association (LPGA) announced that the Oneida Nation of Wisconsin was the title sponsor of a new event the Thornberry Creek LPGA Classic. Scheduled this year it will be held on the Oneida Reservation which is right outside of Green Bay Wisconsin. Thornberry Creek at Oneida the official golf course of the Green Bay Packers is owned by the Oneida Nation and managed by the Oneida Golf Enterprise Corp. The Oneida Nation tribal community will host tens of thousands as they descend upon their beautiful homelands July 3-9. The LPGA event will be broadcast live in more than 170 countries exposing the Oneida Nation to millions of viewers worldwide. This ultimate golf experience offers patrons the opportunity to not only watch the sport but to partake in Native American culture. Thornberry Creek s Chief Operating Officer Josh Doxtator PGA spoke to the Tribal Business Journal about the upcoming event. What does Thornberry Creek at Oneida represent for the local tribal community The Oneida Nation purchased the property in 2009 and invested heavily back into the infrastructure of the building and grounds bringing it up to code for daily operations. As with any major investment there was mixed emotions among tribal members regarding the purchase and the overall profitability of the property over time. Through the oversight and direction of Janice Skenandore-Hirth the agent for Oneida Golf Enterprise Corp. she brought in myself Josh Doxtator as the facility s first general manager in May 2014. Being a PGA Member and experienced in branding and opening high-end facilities the mission I was given was clear Turn the product and assets into a destination experience. The first season I arrived at Thornberry I took time to analyze the business understand the market and devise a rebranding effort to make our mark in the golf space. We wanted the Oneida Tribal Member to be extremely proud of their investment and get the credit they deserve for supporting the property. In a few years time we have seen monumental growth rounds increased by almost 20 percent season passes have grown over 100 percent and our destination driven packages have increased 188 percent over the previous year. This has created a buzz within the tribal community and over the past couple years we ve started racking up the accolades The Iroquois 9-hole course was ranked Best 9 Hole Course in the State by the Golf Course Owners Association of Wisconsin and Best 9 Hole Course Nationally by Always Time for Nine. The Legends Championship Course has also been ranked as No. 10 in the State and we recently were selected by Golf Trip Advisor as one of the Best Golf & Casino Resorts nationally With the addition of the globally televised Thornberry Creek LPGA Classic we now get the opportunity to showcase to the world how incredible this tribally owned property is. How did Thornberry Creek at Oneida and the Ladies Professional Golf Association (LPGA) come to form a partnership As we continued to set ourselves apart in the market and gaining recognition regionally the next question was How do we communicate this to the world The idea came about from a tribal member when the nation initially bought the property but the facility and its identity weren t quite ready for that step. I started conversations with the LPGA in March 2015 and after months of conversation and research both parties knew this would be a great fit. This was a historic moment in professional sports as it was the first time the LPGA Tour signed a sanctioning agreement with a tribal nation. The alignment of core values also played a part in the partnership. Oneida represents a matriarchal society and women are very important and valued within our culture. To align with a professional sports body that shared similar beliefs the choice was easy. We signed the initial three-year sanctioning in November of 2015 and preparations have ensued ever since. Is the event open to the public Absolutely We re expecting 70 000 spectators based on the initial research and could expect more if the weather cooperates. This platform will allow the Oneida Nation and its tribal members www.tribalbusinessjournal.com JUNE 2017 47 the opportunity to educate the world on their culture people and economic dominance in the area. It s important that everyone s experience at the property within the golf tournament or not is exceptional. This will not be your ordinary LPGA Tour event it will be something different from start to finish and we look forward to all of our guests visiting the property. What financial impact will the inaugural Thornberry Creek LPGA Classic have on the Oneida tribal community We would expect the impact to be great however this is the first time this has ever been done in the market or with a tribal nation. It s a unique opportunity as the assets owned by the nation could see monumental impact. We selected a date that was historically slower than most weeks in the summer. And our properties The Radisson Green Bay Wingate Green Bay Oneida Casino Oneida OneStop Retail Outlets should all see an increase from years past. The ancillary benefits will be enormous as the coverage on NBC Sports The Golf Channel will be broadcast in over 400 million households and 76 percent of countries around the world. The Golf Channel has committed to 11 hours of live coverage of the event-- the most of any kind outside of a major event. This broadcast and national ad units will assist in driving traffic to our properties. In order for the consumer to keep you in mind they have to know you exist How will the surrounding communities benefit from the inaugural Thornberry Creek LPGA Classic being held on the Oneida Nation Reservation This will bring a spotlight to the entire Green Bay region and being a longstanding partner with the Green Bay Packers won t hurt either. The estimated economic impact to the area is 15 to 20 million similar to a Packer game during the season. We will have a full report and breakdown a couple months following the event but it s important for us to showcase that the area is more than just professional football. We love our Packers but there s so much more to enjoy and experience. How is the Oneida Nation infusing culture into the inaugural Thornberry Creek LPGA Classic When the spectator steps onsite there will be no doubt as to the tournament owner is their first experience will be the Oneida Village. This unique interaction educates the spectator on the Oneida 48 JUNE 2017 www.tribalbusinessjournal.com people and their story of migration to Wisconsin finishing with our story of going from poverty to prosperity. The tournament trophy was designed by one of our acclaimed artists Scott Hill and represents Sky Woman and all clans within the tribe. The integration will be done in a very tasteful way and our message of celebrating women will be immense. How will success of the inaugural Thornberry Creek LPGA Classic be measured Measurement can t always be defined by financial success although we believe this will be fruitful financially. The media value alone is worth over 12 million during event week and the average event sees over 1 billion impressions that s huge We will have measurements in place to detect all financial impacts in all of our properties we will also be working with the Green Bay Visitors and Convention Bureau to see the overall economic impact to the area. We will be happy to provide data once the dust has cleared in year one. Are there any other exciting events being planned at Thornberry Creek at Oneida you would like to share This event has given us the opportunity to invest in an already exceptional property. We have gone through extensive renovations that will be far utilized outside of tournament week. We ve installed a brand-new practice facility that features 40 000 square feet of tee space two practice bunkers a new short game area and a 10 000-square-foot putting green. We ve expanded the parking lot to ac- JANEE DOXTATORcommodate 450 parking spots (although spectators ANDREWS IS AN will park offsite and shuttle in) which will assist in ENROLLED MEMBER OF day-to-day operations. THE ONEIDA NATION We host over 85 special events in 120 days and OF WISCONSIN. SHE own our market in corporate and charitable events. IS THE OWNER OF We ve also added a new event space that will ac- DOXTATOR MARKETING commodate player dining and brand new locker & COMMUNICATIONS rooms. It s incredible to see these changes and the HELPING YOU TELL impact it will have on the facility moving forward. YOUR STORY YOUR There was little doubt prior that we were the best WAY. SHE CAN BE facility in Northeast Wisconsin it is now absolutely REACHED AT JANEE clear that we are the best and a force to be reckoned DOXTATORMARKETING. with COM. INDUSTRY LEADERS GAMING ACCOUNTING REDW LLC CHRIS BITAKIS CPA Senior Manager 7425 Jefferson St. NE Albuquerque NM 87109 cbitakis redw.com (505) 998-3496 Rubin Brown LLP DANIEL HOLMES Manager & Gaming Practice Leader Gaming Services Group One North Brentwood Suite 1100 St. Louis MO 63105 daniel.holmes rubinbrown.com (314) 290-3346 RSM U.S. LLP DWAYNE ETO Partner 1455 Frazee Rd 600 San Diego CA 92108 dwayne.eto rsmus.com (619) 281-7764 Deloitte & Touche JEFF ORTWEIN National Gaming Leader 3883 H. Hughes Parkway Suite 400 Las Vegas NV 89169 jortwein deloitte.com (702) 893-3107 Smith Harrison LLP JOE SMITH Managing Partner PO Box 753 Sandy OR 97055 jsmith shllpcpa.com (503) 314-2009 BKD Advisors JOEL HAASER Audit Director 6120 S Yale Ave. No. 1400 Tulsa OK 74136 jhaaser bkd.com (918) 584-2900 Baker Tilly JOEL LAUBENSTEIN Senior Manager 2801 Via Fortuna Suite 300 Austin Texas 78746-7568 joel.laubenstein bakertilly.com (512) 975-7282 Joseph Eve JOSEPH P EVE CPA CFE . Managing Partner 401 N. 31st St. Suite 1600 Billings Mont. 59101 joseph.eve josepheve.com (406) 727-1798 Piercy Bowler L. RALPH PIERCY Shareholder and Gaming Industry Practice Leader 6100 Elton Ave. Suite 1000 Las Vegas NV 89107 lrpiercy pbtk.com (702) 384-1120 Finley and Cook LLC LINDA O NEAL Senior Manager 601 N. Broadway Shawnee OK 74801 lindao finley-cook.com (405) 395-5130 Moss Adams LLP ROY CUPLER Partner 1301 A St. Suite 600 Tacoma WA 98402-4205 roy.cupler mossadams.com (253) 284-5214 ARCHITECTURE AND DESIGN JCJ Architecture BARBARA HUBBARD Director of Marketing and Communications 120 Huyshope Ave. Hartford CT 06016 bhubbard jcj.com (860) 247-9226 Bergman Walls and Associates BRAD D. SCHULTZ Vice President 709 Valle Verde Court Henderson NV 89014 brad bwaltd.com (702) 940-0000 ext 2723 Shema Dougall Design Associates DAVID SHEMA President 2785 East Foothill Blvd. Suite 120 Pasadena CA 91107 info shemadougalldesign.com (626) 432-6464 HBG Design DIKE BACON Director of Planning and Development One Commerce Square 40 S. Main St. Suite 2300 Memphis TN dbacon hbginc.com (901) 525-2557 Friedmutter Group ELLIE HIRSCHFELD VP of Business Development 4022 Dean Martin Drive Las Vegas NV 89103 ellie fglv.com (702) 736-7477 Klai Juba Wald Architects JOHN WALD Principal 4444 W Russell Road Las Vegas Nevada NV 89118 mail klaijuba.com (702) 221-2254 RSP Architects KEITH O BRIEN Senior Associate 1220 Marshall St. NE Minneapolis MN 55413 keith.obrien rsparch.com (612) 677-7120 JBA Consulting Engineers VIC SIBILLA Chief Operating Officer 36 Technology Drive Suite 200 Irvine CA 92618 vic.sibilla jbace.com (949) 419-3030 ext. 50200 ASSOCIATIONS National Indian Gaming Association ERNEST L. STEVENS JR. Chairman 224 Second St. SE Washington DC 20003-1943 questions indiangaming.org (202) 546-7711 CONSTRUCTION COST of Wisconsin CHRISTOPHER FOSTER VP of Sales and Marketing 3400 Harbor Ave. SW No. 242 Seattle WA 98126 cfoster costofwisconsin.com (206) 223-5777 JBA Consulting Engineers JENNIE BOWMAN Senior Director of Marketing & Business Development 181 E. Warm Springs Road Las Vegas NV 89119 jennie.bowman jbace.com (702) 614-1678 Rolf Jensen and Associates JACK BRADY Senior Vice President 14502 Greenview Drive Laurel MD 20708 jbrady rjagroup.com (301) 490-3901 Encompass Develop Design and Construct LLC JOHN STEWART President 106 E. Jefferson St. LaGrange KY 40031 jstewart encompass-ddc.com (502) 992-5105 Kitchell Contractors KARI MCCORMICK National Director 1707 E. Highland Phoenix AZ 85016 kmccormick kitchell.com (602) 222-5300 PNE Construction MARK SCHLITTLER Business Development 1081 Columbia Blvd. Longview WA 98632 marks pnecorp.com (360) 423-2245 ext. 5105 Pimara Paul Koehler JACK M. KOEHLER Principal 7434 E McDonald Drive Scottsdale AZ 85250 ykoehler pkastructural.com (480) 922-885 C.W. Driver RYAN STICHLER Director of Project Management 7588 Metropolitan Drive San Diego CA 92018 rstichler cdriver.com (619) 696-5100 www.tribalbusinessjournal.com JUNE 2017 49 Seven Generations Architecture and Engineering LLC SCOTT WINCHESTER General Manager 4664 Campus Drive Suite 101 Kalamazoo MI 49008 swinchester 7genae.com (269) 944-7262 PCL Construction Services Inc. TRENT JOHNSON Construction Risk Manager 12200 Nicollet Ave. South Burnsville MN 55337 tmjohnson pcl.com (952) 882-9600 Player Performance Group CHRIS PROVINCE President 2510 East 15th St. Suite 201 Tulsa OK 74104 cprovince playerperformancegroup.com (539) 777-4120 CONSULTING Gaming Laboratories International CHRISTIE EICKELMAN VP of Marketing 7160 Amigo St. Las Vegas NV 89119 c.eickelman gaminglabs.com (702) 914-2220 Kenco Company Tribal Marketing Initiatives CHRISTINA LESCH Director of Business Development 18451 Collier Ave. Suite B Lake Elsinore CA 92530 christina kencocompany.com (800) 622-7346 Raving Consulting Co. DENNIS CONRAD President 475 Hill St. Suite G Reno NV 89501 dennis ravingconsulting.com (775) 329-7864 Klas Robinson JAMES KLAS Founder and Principal 11200 Vincent Ave. S. Minneapolis MN 55431 jklas klasrobinsonqed.com (612) 325-5812 Employment Screening Resources MARCY MONTELLANO Director of Gaming 7110 Redwood Blvd. Suite C Novato CA 94945 mmontellano esrcheck.com (415) 761-9072 Jeffrey Lamb Sovereign Finance LLC JEFFREY LAMB 3930 E. Ray Road Suite 170 Phoenix AZ 85044 jeffrey.lamb sovereignfinance.com (480) 385-2840 DiTronics Financial Services TIFFANY GORGON Director of Operations 7699 W. Post Road Las Vegas Nevada 89113 tgordon ditronics.com (702) 222-3318 Red Horse Financial Group LLC VALERIE RED-HORSE President 16835 Algonquin St. Suite 180 Huntington Beach California 92649 valerier valerieredhorse.com (818) 389-4714 GAMING PRODUCTS Quixant USA AMIT SHARMA VP of Sales 2147 Pama Lane Building 6 Las Vegas NV 89119 amit.sharma quixant.com (702) 522-7849 Incredible Technologies DAN SCHREMENTI VP of Gaming Sales and Marketing 200 Corporate Woods Parkway Vernon Hills IL 60061 dschrementi itcasinogames.com (847) 870-7027 Primero Games JACK SALTIEL CTO 2150 Northmont Parkway Suite H Duluth GA 30096 jack.saltiel primerogames.com (770) 476-0311 Ortiz Gaming MAURILLO SILVA President 1181 S. Rogers Circle Suite 4 Boca Raton FL 33487 Maurilio.Silva ortizgaming.com (561) 241-5368 Planet Bingo RICK WHITE CEO 75-190 Gerald Ford Drive Palm Desert CA 92211 rwhite planetbingo.com (760) 773-0197 Four Corners Inc. JEREMY TYRA President and CEO 12225 Greenville Ave. Suite 861 Dallas TX 75243 jtyra fourcornersinc.com (214) 261-1963 INSURANCE Brown & Brown AARON P AMARAL . Senior Vice President 1501 Fourth Ave. Suite 2400 Seattle WA 98101 aamaral bnbseattle.com (206) 956-1667 The IMA Financial Group BRAD JEFFRESS Senior Vice President 1705 17th St. Suite 100 Denver CO 80202 brad.jeffress imacorp.com (800) 813-0203 ext. 7411 or (303) 615-7411 Pacific AG Insurance Agency JIMMY HESKETT President 1711 N. 11th Ave. Hanford CA 93230 j.heskett pacificaginsurance.com (559) 584-3391 The Mahoney Group STEVE GOBLE President and Director The Mahoney Group 1835 S. Extension Road Mesa AZ 85210-5942 sgoble mahoneygroup.com (480) 730-4920 The IMA Financial Group STEVE NASH Producer 51 Corporate Woods 9393 W. 110th Street Suite 600 Overland Park KS 66210 steve.nash imacorp.com (913) 982-3650 Amerind Risk TINA DUNCAN Sales Manager 502 Cedar Drive Bernalillo NM 87004 tduncan amerindrisk.org (505) 404-5000 Cuningham Group REBECCA MARTINEZ Director of Marketing 8665 Hayden Place Culver City CA 90232 rmartinez cuningham.com (310) 895-2200 Native Nations Hospitality Consultants Theron Fisher Senior Partner 5595 Magnatron Blvd. Suite A San Diego CA 92111 info nativenationssg.com (858) 384-6824 Victor-Strategies VICTOR ROCHA President 40 East Hinsdale Ave Suite 204 Hinsdale IL 60521 victor victor-strategies.com (720) 446-9601 FINANCIAL SERVICES RWM Financial Group BRAHM ROSSITER Financial Consultant 145 Heinlen St. Lemoore CA 93245 brahmrossiter rwmfinancialgroup.com (559) 924-0304 Bank of America Merrill Lynch Financial Services DAWSON HER MANY HORSES Senior Relationship Manager 300 S. 4th St. 2nd Floor Las Vegas NV 89101 dawson.hermanyhorses baml.com (702) 824-9032 Sightline Payments DIRAN KLUDJIAN Executive VP and Founder 6871 S. Eastern Ave. Suite C Las Vegas NV 89119 dkludjian sightlinepayments.com (702) 851-4747 50 JUNE 2017 www.tribalbusinessjournal.com INDUSTRY LEADERS GAMING LAW Akin Gump Strauss Hauer & Feld LLP DONALD R. PONGRACE Partner Robert S. Strauss Building 1333 New Hampshire Ave. N.W. Washington DC 20036-1564 dpongrace akingump.com (202)887-4466 Holland & Knight JEROME LEVINE Partner 400 S. Hope St. 8th Floor Los Angeles CA 90071 jerome.levine hklaw.com (213) 896-2565 Sheppard Mullin Richter & Hampton LLP RICHARD FREEMAN Partner 12275 El Camino Real Suite 200 San Diego CA 92130 rfreeman sheppardmullin.com (858) 720-8909 Drummond Woodsum ROBERT L. GIPS Of Counsel 84 Marginal Way Suite 600 Portland ME 04101-2480 rgips dwmlaw.com (207) 253-0557 Rosette Law ROBERT A. ROSETTE Partner 565 W. Chandler Blvd. Suite 212 Chandler AZ 85225 rosette rosettelaw.com (480) 889-8990 Dorsey & Whitney LLP SKIP DUROCHER Co-Chair Indian Law Practice Group 50 S. Sixth St. Suite 1500 Minneapolis MN 55402-1498 durocher.skip dorsey.com (612) 340-7855 MARKETING Redline Media Group SR TOMMIE president 1951 Tigertail Blvd. Dania Beach FL 33004 srt redlinemediagroup.com (954) 989-5600 Red Circle Agency LLC CHAD GERMANN Principal CEO 420 N. Fifth St. Suite 650 Minneapolis MN 55401 chad redcircleagency.com (612) 372-4612 GameAccount Network DANA TAKRUDTONG VP of Sales North America 10801 W. Charleston Blvd. Suite 125 Summerlin NV 89135 dtakrudtong gan.com (702) 988-8443 Marketing Results PATRICE GIANNI CEO 2900 W. Horizon Ridge Pky. Suite 200 Henderson NV 89052 giannip marketingresults.net (702) 361-3850 Rymax Marketing Services PAUL GORDON VP of Sales Rymax Marketing Services 19 Chapin Road Building B Pine Brook NJ 07058 pgordon rymaxinc.com (866) 796-2911 TECHNOLOGY Resort Advantage BRIAN FERRILLA Managing Director 26622 Woodward Ave. Suite 105 Royal Oak Michigan 48067 bferrilla resort-advantage.com (800) 317-5475 IBM DAVID KEATON Client Systems Manager 6710 Rockledge Drive Bethesda MD 2081 keaton us.ibm.com (301) 803-2714 Rainmaker Group SOFYA MCINTOSH Director of Sales 4550 North Point Parkway Suite 400 Alpharetta GA 30022 smcintosh letitrain.com (678) 578-5700 NCAI seventy-fourth MILWAUKEE WISCONSIN 10 15-20 2017 www.ncai.org www.tribalbusinessjournal.com JUNE 2017 51 Training education help build tourism BY RACHEL CROMER Training is a critical component of maintaining an effective and competitive workforce. While training and education are vital to the growth and success of the individual employee it can prove to be just as beneficial to a business or organization. Key Factor 52 JUNE 2017 www.tribalbusinessjournal.com TOURISM B y identifying the training needs within a community you are investing in your community-based assets. Tourism is a clear economic driver in Indian Country. One of the advantages for smaller tribes is that it is a clean industry that can be built with little capital or infrastructure. economy. Through authentic cultural expression tribal tourism perpetuates cultural voices and contributes to the largest service sector export industry in the U.S.--travel and tourism. By just factoring the data collected on international visitors in 2015 the economic effect is clear 5 percent of overseas visitors (excluding Canada and Mexico) to the U.S. visited Indian Country spending 8.6 billion. Often in a growing industry like hospitality and tourism executives need to make the decision invest in training or invest in turnover. In the tourism industry trainings on topics ranging from product development to hospitality to marketing can help further the goals of businesses at all sizes. With the continuous rise in visitation to Native destinations we see the demand for on-the-ground training and education growing within the tourism industry in Indian Country. Indian Country is actively looking to acquire the resources knowledge and tools necessary to further develop tourism products and grow to meet the demand. There are two basic options when it comes to workforce training and development--creating trainings internally or going to an outside source for education. The first option typically works well for very large companies with the internal capacity to create training programs and implement internal educational curriculums. The latter option can work for most size companies and presents more opportunities for variety more in-depth programming and varying levels of training. When looking to outside sources for training and education cost is often a deciding factor. It is important to look to your trusted partners organizations and resources for the most effective and efficient programs. COMMUNITY DEVELOPMENT OPPORTUNITIES Community development is often as important as business development and growing your assets within your community through education and training can help to further your business goals as well as strengthen your community. As noted partnerships and looking to trusted sources are crucial in the pursuit of education. In 2012 the Moenkopi Development Corporation saw a need for a hands-on training program focused on hospitality within Arizona s Native communities and businesses. As tourism was expanding on and near tribal lands in Arizona MDC understood that providing further education and resources for the growing workforce was a necessary next step in continuing the economic development. Seeing the opportunity MDC partnered with the Arizona Office of Tourism to host a customer service training. With an accessible location important and relevant topics and an affordable cost we drew in nearly 200 people from the region and had a great one-day training. Although challenging the organizers did a great job jamming as much information as possible into the one-day workshop said James Surveyor AIANTA at-large board representative Surveyor said he still sees a high demand for this type of on-the-ground hospitality training and he hopes to see more of it soon. CULTURAL TOURISM TRAINING A TOOL FOR CULTURAL CONTINUATION There are also many destinations and businesses in Indian Country that are taking advantage of the profound cultural and community development benefits of providing education. At Acoma Pueblo for example tourism efforts are not only providing an economic boost but also cultural perpetuation and sustainability. Acoma has seen success in training young tribal members as cultural tour guides providing education on cultural traditions and stories to their youth. Tourism has helped Acoma Pueblo to keep our traditional stories and cultural traditions alive and relevant with our local youth said Emerson Vallo of Acoma Pueblo and AIANTA southwest regional board member. Through indepth cultural training that some young people would otherwise not receive we are able to continue to pass our stories on generation to generation by providing an opportunity for the youth to be tour guides. Along with our museum s outreach programs we are able to get our youth involved not only in our verbal passing of Acoma history but by involvement in our tradition of pottery making. www.tribalbusinessjournal.com JUNE 2017 53 Acoma Pueblo AIANTA PROVIDES TRAINING The benefits are proven and the demand is high--so are you investing in workforce and professional development either for yourself as an individual or as a company Training comes in many shapes and formats and at the American Indian Alaska Native Tourism Association we are acknowledging this growing industry and workforce and we are excited to address the need and continue in our pursuit to provide affordable effective opportunities to tribes and Native businesses in the tourism industry around the nation. Cultural tourism encourages tribal efforts to perpetuate their unique cultures while diversifying and growing their economies. Since our founding in 2002 AIANTA has succeeded in becoming an award-winning national organization and the recognized expert on U.S. tribal tourism. We provide technical assistance and training marketing leadership and advocacy to elevate tribal voices and facilitate partnership development. We work with tribes and tribal partners throughout the tribal tourism continuum--from product development and partnership building to marketing and promoting tribal tourism domestically and internationally. AIANTA recognizes the demand for training the next generation of tribal tourism professionals. We work to fill the needs and desires of Indian Country to perpetuate their culture and to sustainable grow their economies by providing relevant and targeted technical assistance and training. Training Opportunities The Annual American Indian Tourism Conference (AITC) September 11-14 2017 www.AITC2017.com The annual AITC provides a high-quality educational forum to tribes tribal businesses and other attendees to help them with their tourism development and marketing initiatives. As the only national conference on Indian Country tourism AITC is designed to share knowledge experience and best practices from tourism programs around the U.S. and features an impressive line-up of expert speakers whose experience provides additional information and guidance for all from tribes just entering the tourism industry to tribes with experience in travel and tourism. This year s sessions will feature how to package a tour attract tour operators create itineraries position your tribe for the international tourism market develop tourism assessments and inventories use the latest technologies and strategies for marketing and media collaborate with state and federal agencies discover agri-tourism follow culinary trends and more. Go International January 22-23 2018 www.aianta.org This 2-day training is part of AIANTA s International Outreach program and is designed to introduce the international tourism market to tribes and tribal businesses looking to create an international marketing approach. The training also provides information on the incredible opportunities to participate with AIANTA at ITB Berlin (March 2018) Showcase USA-Italy (March 2018) and World Travel Market catering to the UK Market (November 6-8 2018). The German Italian and UK markets boast some of the highest spending travelers in the world and have strong interest in Indian Country as a destination. The second annual Go International will provide a tailored focused training in the international market by experts in the field and will support participants as they identify their tourism product(s) for pricing packaging and presenting and selling to markets overseas. The training has information for new programs as well as established programs. 54 JUNE 2017 www.tribalbusinessjournal.com LAW O 1 Lewis v. Clarke rule creates uncertainty for Tribal Employees BY KARRIE WICHTMAN Applying law governing immunity when federal and state employees are sued the Supreme Court held that in a suit brought against a tribal employee in his individual capacity the employee not the tribe is the real party in interest and the tribe s sovereign immunity is not implicated. The court further held that a tribe s decision to indemnify such an employee does not change the analysis to extend sovereign immunity to individual employees who would otherwise not fall under its protective cloak. How did the case unfold The Tribe had a forum specifically designated to provide a remedy for persons injured by casino employees (the Mohegan Gaming Disputes Court) but the Lewises filed a negligence claim against Clarke in Connecticut state court (after the statute of limitations for a tribal court action had lapsed) in his individual capacity. Clarke moved to dismiss the case for lack of subject matter www.tribalbusinessjournal.com JUNE 2017 55 n April 25 the United States Supreme Court issued an opinion in Lewis v. Clarke which will likely lead to further litigation for Indian tribes in defense of their tribal employees. The case stems from a traffic accident in Connecticut when William Clarke an employee of the Mohegan Sun Casino owned by the Mohegan Tribe--was transporting casino patrons and rear-ended the vehicle of Brian Lewis vehicle on a state highway off reservation land. The court focused on two issues Whether the sovereign immunity of an Indian tribe bars individual-capacity damages against tribal employees for torts committed within the scope of their employment. What role if any a tribe s decision to indemnify its employees plays in this analysis. LAW jurisdiction based largely on Mohegan tribal law containing an indemnity provision. The provision indemnifies officers and employees from financial loss and expense arising out of any claim demand or suit by reason of his or her alleged negligence if they were acting within the scope of their employment. (It doesn t cover wanton reckless or malicious activity.) However by suing Clark in his individual capacity the Lewises were able to convince the state trial court that the tribe s immunity did not shield Clarke from liability for the accident. Clarke appealed to the Connecticut Supreme Court which found that Clarke was shielded by tribal sovereign immunity. Thus regardless of whether Lewis only sought damages from Clarke the tribe itself was the real party at interest. Lewis appealed to the U.S. Supreme Court who reversed holding that tribal sovereign immunity was not applicable to Clarke. Even though the court found that Lewis claims against Clarke were not barred by immunity the court remained cognizant of . . . the concern that plaintiffs not circumvent tribal sovereign immunity. By that the court made it clear that a person cannot simply bypass sovereign immunity by naming a government employee--claims must be carefully examined to determine underlying characteristics of the lawsuit and the relief sought to determine the real party in interest. The court s opinion is narrow on the sovereign immunity issue and left open official immunity and other immunity arguments available to local and state governments. However now that tribal employees can be sued in their individual capacities more uncertainty has been introduced into the Indian Country legal landscape. Will tribal employees sued in their individual capacity now be subject to the diversity jurisdiction of federal courts Can a tribal official be sued for torts like interference with contract and breach of the implied contractual obligation of good faith and fair dealing More concerning is what will become of cases involving tribal police officers and tribal officials KARRIE WICHTMAN being sued under civil rights claims (SAULT STE. MARIE TRIBE If the concurring opinions are any inOF CHIPPEWA INDIANS) dication additional litigation will likely IS A PARTNER WITH THE test the application of both on-reservation ROSETTE LAW FIRM AND and off-reservation involving commercial A MEMBER OF THE TBJ activity and or non-Indians. ADVISORY BOARD 56 JUNE 2017 www.tribalbusinessjournal.com BUSINESS ETHICS MEANINGFUL CONSULTATION- BY RANDALL SLIKKERS it cuts both ways for its employees to save money this decision is almost always made at the C level of management. Spreadsheets are reviewed plans are compared bottom lines are focused on. Almost never is anyone who is going to be affected consulted with during the process This doesn t show respect. It certainly doesn t show a willingness to listen and it doesn t demonstrate the leadership of the organization values its employees thoughts and knowledge. Imagine if we applied meaningful consultation each time we were making a major decision in our business. We expect consultation at the governmental level because we know its value. We know if it is done right it often benefits everyone involved. Imagine the power of using this tool with employees. And we re not just talking quarterly all-staff meetings here. We re talking sitting down with all stakeholder groups involved laying out the issues and having meaningful discussions on how to move forward. Most importantly this is not a one-time event. It may take a series of meetings and consultations but the respect will grow on both sides if everyone feels they have a seat at the table. And isn t that what consultation really is Being respected enough to have a seat at the decision-making table Remembering that the practice of ethics is much more than simply policing behavior is critical. It takes work it takes commitment it takes a level of respect and caring for the people at all levels of the Tribal enterprise and the people of the tribe that it serves. But it s worth it. Make it your practice to use consul- RANDALL SLIKKERS tation throughout your organization. No MBA IS THE EXECUTIVE one has ever regretted having a seat at DIRECTOR OF THE the table. Let s expand this wonderful CENTER FOR EXCELLENCE tool across Indian Country. Let s make IN ASSISTED LIVING sure consultation cuts both ways. (CEAL). xecutive Order (EO) 13175 which was issued by President Bill Clinton in 2000 affirmed the federal government s commitment to tribal sovereignty self-determination and self-government. Its purpose is to ensure that all executive departments and agencies have meaningful consultations with Indian tribes and respect tribal sovereignty as they develop policy on issues that impact Indian communities. That s the good news. The not so good news is that the EO has not been applied in a fair and consistent manner across federal agencies. And each time it wasn t it was clear that the result for Indian Country was not good--think of the Dakota Access Pipeline. Let s take a broader look at the meaning of the phrase meaningful consultation. Not in the sense of the EO or legal terminology. More in a general sense on how it can apply to any organization across industry government social services or any group (tribe) of people. At its core meaningful consultation means two (or more) parties sitting down to talk and more importantly to listen It also has some basic assumptions such as respect. If the groups talking can t demonstrate a basic level of respect not much of importance is going to be accomplished. Another basic assumption is that what each party is saying has value. The goal is not to extract as much as you can from the other guy. The goal is to come into the consultation with an open mind and an open heart. I think almost anyone would agree that even though it is far from perfect significant strides were made under the Obama administration for improving consultation. I think most people would also agree that when the term Tribal Consultation is brought up it s seen as a government to government sovereignty process. I think this is a huge mistake. If we look at this through the lens of a different group of people I think we can see how consultation can be a highly effective tool used in the ethics equation. For example if an organization is thinking of switching health care providers Tribal Sovereignty and the Arbitrary Application of Federal Law BY GARY DAVIS or the last half century the remains of two-time Olympic gold medal winner Jim Thorpe have rested in a small town in Pennsylvania that now bears his name. Prior to the relocation of his body Thorpe a Sac and Fox citizen had never visited the Pennsylvania town originally called Mauch Chunk a name derived from the Delaware people that previously inhabited the area. However a shady business deal between Thorpe s third wife and an enterprising municipality saw his body taken away in the middle of a traditional Sac and Fox burial ceremony in Oklahoma and subsequently transformed into a tourist attraction for a dying coal town in Pennsylvania. In 1990 Congress passed the Na58 JUNE 2017 www.tribalbusinessjournal.com tive American Graves Protection and Repatriation Act to help tribes recover cultural artifacts and ancestral human remains from museums and other collections. The law is incredibly important to tribes sovereign cultural and spiritual rights to govern the relationship between living tribal members and their ancestors. Thousands of Native American remains and tribal funerary artifacts have returned to their ancestral homes over the last 30 years as a result of the legislation. However despite repeated requests and litigation Jim Thorpe s body remains in Pennsylvania and far away from his family and fellow tribal citizens back in Pottawatomie County Oklahoma. The federal government has been slow to act on the Thorpe family s demand creating an arbitrary distinction between Native Americans that died in modern times and those that perished centuries ago. There is no telling when this small Pennsylvania town will stop using Thorpe s legacy as a tourist trap and permit him to rejoin his brothers and sisters. The inconsistent application of federal law is nothing new in Indian Country. Broken treaties bureaucratic stall tactics and mismanagement of trust obligations are far too common themes in tribal histories. Since the 1970s tribes have been given expanded freedom to organize more complete governments operate businesses and develop tribal courts through the FINANCIAL SERVICES federal policy of self-determination. Economic development opportunities especially in the areas of gaming and contracting have provided some tribes with a new way to ensure tribal citizens have the infrastructure jobs and social programs necessary to escape poverty and rebuild once mighty nations. However the inconsistent application and enforcement of federal laws now threaten the emerging multi-billion dollar tribal lending industry. After the mortgage crisis and Great Recession a bipartisan Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 to create a number of safeguards against the future possibility of failing banks and tighten oversight over financial institutions in general. Under the Act federally-recognized tribes were included in the definition of state and with that memorialized into the co-regulatory atmosphere alongside the federal government intended by Congress. Dodd-Frank also established the Consumer Financial Protection Bureau (CFPB) an independent agency with rulemaking supervisory and enforcement authority over federal consumer finance laws. In multiple instances the Act encourages and requires the CFPB to coordinate with state and tribal regulators and include states in any report of examination made by the Bureau with respect to [a] person over which the State has jurisdiction. Further reinforcing tribal jurisdiction to regulate the commercial affairs happening on tribal lands the Department of the Treasury published an initiative wherein Tribal governments will be permitted to enforce the CFPB s rules in areas under their jurisdiction... In addition tribal consumer financial codes will be protected. With this mind tribes across the nation set out to create tribal regulatory frameworks that included licensing provisions lending codes and independent regulatory commissions to oversee consumer complaints and maintain responsible rules for lenders. These tribal regulations extend beyond those required by federal law both as a protection to the consumer and to ensure the sustainability of the lending operations. In many ways the CFPB upholds its co-regulation mandate with states. Recently the agency worked closely with officials in California to end Wells Fargo s practice of creating millions of fake bank and credit card accounts to charge their customers extra fees and boost sales. At a hearing in April before the House Financial Services Committee CFPB Director Richard Cordray highlighted the coopera- tive effort as an example of the work his agency can achieve with the help of states. However as current litigation in the Ninth Circuit Court between a few tribal lending entities (TLEs) and the CFPB demonstrates the agency has no intention of cooperating with tribal regulators instead choosing to infringe upon tribal sovereignty and ignore Congressional intent. Such antithetical and despotic behavior is not just harmful to the tribes that rely on these lending operations to provide revenues for vital services in their communities but also could present an unprecedented chilling effect on economic development throughout Indian Country. When the federal government takes adverse action against a TLE it is not just affecting a tribal business and its employees it also affects tribal infrastructure and programs like cultural preservation efforts broadband internet build out elder care after school programs and hospital improvements. Indian Country must continue to pressure federal officials and hold them accountable to the laws and policies that will preserve a more sustainable culturally-strong Indian Country. Much like the arbitrary interpretation of the law that has kept Jim Thorpe far removed GARY DAVIS from his family for decades (CHEROKEE) the ongoing arbitrary interpre- IS EXECUTIVE tation of the Dodd-Frank Act DIRECTOR OF THE by the CFPB is working to un- NATIVE AMERICAN dermine sovereignty and keep FINANCIAL SERVICES tribal economic ingenuity ASSOCIATION AND A innovation and prosperity far MEMBER OF THE TBJ removed from tribal nations. ADVISORY BOARD. www.tribalbusinessjournal.com JUNE 2017 59 COMMUNICATIONS In their face--nicely BY GLENN C. ZARING t a recent town hall meeting with a state representative numerous issues were discussed as is typical of these events. However one member of the audience asked What about involving the tribes The look on everyone s faces was one of surprise mixed with equal amounts of incredulity and disdain. They just don t think about Indians often...and rarely look to us as having positive contributions and solutions to issues. This is a communication and public relations issue that we simply must start addressing Following the meeting a lady that used to work for the local tribe said That sounded just like Bill Memberto (LRBOI Ottawa). Uncle Bill was the head of Family Services and a major pain in the rump to outsiders for always asking What about the Indians He was also quick to kick someone s behind and include lessons with the kick but he was a true Ottawa and is sorely missed by many of us. Uncle Bill was a true advocate for Indians. He also clearly understood that people need to be reminded about the presence of Indians within our communities. While this is not something done naturally by our people because we value our privacy it is something for all of us to seriously consider. Because if there is no one from the tribes attending meetings with government agencies schools and business groups there will be no one to advoGLENN 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. cate for us or watch out for us. You can be assured that if we do not remind them of our presence they will conveniently forget about us. A tribal public affairs department such as the one that we had for years with the Little River Band of Ottawa Indians was a formalized approach to ensuring recognition and potential participation upon behalf of our nation and people. We were always out there with chambers of commerce city and county governments and agencies 211 boards United Way and just about any other group you could imagine. Many of the meetings were boring and the coffee marginal but attending the meetings served our purpose. The purpose being to nicely remind them that we were there we were interested and we were involved in our shared community. We didn t always have to get in their face either. They were expecting that and were pleasantly surprised when we came forth in a rational way to bring about solutions that helped everyone. This is not a cop out it s just that sometimes honey is better than shaking your fist in someone s face. Participation in this way not only lets others know that we were there but it a l s o brought about opportunities for our tribe to be involved and not ignored. Our public relations was based upon being there being active and behaving. We didn t get in the face of others but respectfully demonstrated our presence our concerns and our skills. We also identified community issues before they became overwhelming and then helped to solve them when at all possible. Many times we brought skill sets to the meetings that were not available by any other means. As a tribal government we had contacts and connections from a wide range of places and this had taught us a lot about getting things done. This gave us a perspective (and some tools) that have proven to be extremely valuable. The funny part is that most of the people involved from outside our tribe had never really thought about the tribal presence in their area beyond the revenue sharing board where they could get money for their pet projects and needs. They love our money just not us. As any of us who have worked off the rez among outsiders have learned we find that people have pre-conceived notions about Indians and learn that they are surprised to find that we are resourceful and thoughtful. They expect confrontation and when they don t get it and instead find value in our participation it helps them to understand that we are truly valuable people just from a different cultural basis. Reminding outsiders of the problems of the past between us feels good (to us ) However if we also can be viewed as offering solutions to challenges that we all face it casts Indians in a different light--one that just might give us the breathing room we need to take care of our people and the time to preserve and honor our culture. What do you have to lose by trying it IN THE NEWS tribe Mountain Summit Financial and Majestic Lake Financial. It is alleged that the four lending firms run deceptive and predatory practices according to Richard Cordray director of the CFPB. We allege that these companies made deceptive demands and illegally took money from people s bank accounts Cordray said in a statement. We are seeking to stop these violations and get relief for consumers. In the suit the bureau claims that Golden Valley and Silver Cloud gave online loans from 300 to 1 200 with annual interest rates upwards to 950 percent. Lori Alvino McGill an attorney for the lenders stated in an email to the Los Angeles Times that the groups will fight back and that the suit is a violation of tribal sovereignty. An April article on the Buzzfeed news site says previous legal action involving three tribes and the CFPB could end up in the Supreme Court where new conservative justice Neil Gorsuch could play a key role in any ruling. A Michigan State University professor said Gorsuch appears to have more experience in Indian law cases than the other justices on the court. The CFPB is controversial among many conservatives who are concerned about its reach and lack of oversight. An April MSNBC article says there is conjecture that instead of dismissing Cordray before his five-year appointment ends President Donald Trump may be waiting for Cordray to step down from the agency and run for governor of Ohio. Nation slammed major pharmaceutical retailers Wal-Mart and Walgreens and drug distributors with a lawsuit. The complaint alleges that the businesses have failed to stop the occurrence of illegal opioid prescriptions in Oklahoma which the alleged negligence led to the epidemic of use and abuse in the tribe at an alarming rate. PONCA TRIBE ACQUIRED HOMESTEAD TRAIL The Ponca Tribe of Nebraska purchased a nearly 20-mile trail which the tribe calls the Ponca Trail of Tears. Spanning from Beatrice to Barneston the Ponca tribe renamed it Chief Standing Bear Trail. The tribe acquired the land which was taken from them nearly 140 years ago from the Nebraska Trails Foundation. Richard Cordray TWIN ARROWS NAVAJO CASINO RESORT TURNS FOUR Navajo Nation s only resort commemorated its fourth year in May following four years of strong fiscal returns and business relationships. The AAA Four Diamond casino and resort showcases the artworks of commissioned Navajo artists worth more than 500 000. The casino features more than 1 000 slot machines table TRIBAL LENDERS FACE OFF AGAINST CFPB The Consumer Financial Protection Bureau is suing four online lenders affiliated with a Native American tribe while another case appears headed towards the Supreme Court. Meanwhile there s speculation about how long the bureau s leader will keep his post. The CFPB lawsuit alleges the four lending entities have violated federal consumer protection laws by requiring borrowers to pay exorbitant interest rates beginning at 440 percent across 17 states. The online lending groups involved in the suit are Golden Valley Lending Silver Cloud Financial and two organizations owned by the Habematolel Pomo of Upper Lake CHEROKEE NATION FILES SUIT In a battle against the rampant opioid abuse epidemic the Cherokee Twin Arrows rotunda www.tribalbusinessjournal.com JUNE 2017 61 IN THE NEWS Come for the art stay for the experience games and bingo. A five-story hotel with 200 rooms accommodates guests which is equipped with a heated indoor pool an arcade five restaurants and a 16 000-square-foot banquet and conference center. PEOPLE ON THE MOVE Navajo Nation s President Russell Begaye and Vice President Jonathan Nez honored Paulene Thomas on her new role as executive director with the Navajo Gaming Regulatory Office. This office is responsible for regulating and ensuring gaming integrity and standards on the Navajo Nation. We congratulate Director Thomas on her confirmation to serve as the Executive Director of the Navajo Gaming Regulatory Office. Director Thomas will be responsible for regulating all four casinos located on the Navajo Nation President Begaye said. We are glad to have qualified Navajo people work to improve and provide efficient services for the Navajo Nation. The confirmation for this new appointment was conducted by the Navajo Nation Council by a vote of 14-1. I am appreciative of my confirmation I want to thank President Begaye and Vice President Nez for their confidence in me and the Navajo Nation Council in confirming that. I enjoy the job the staff and the challenges Thomas said. The goal of NGRO is to make it better and continue to protect the Santa Fe Indian Market SOUTHWESTERN ASSOCIATION FOR INDIAN ARTS Paulene Thomas assets of the Navajo Nation as well as the integrity of the games we offer at the casinos. Director Thomas served as the Interim Executive Director since June of 2014 she was also the Deputy Executive Director from April 2012 to June of 2014. August 19-20 2017 santafeindianmarket.com Jolene Bird (Santo Domingo Pueblo). Photo by Gabriella Marks 2016 APPEALS COURT APPROVES 380 MILLION PAYOUT A federal appeals court in Washington D.C. approved distributing 380 million from a loan discrimination case involving Native American farmers. Paying 5 000 claimants 21 275 each and 300 million to Native American groups would conclude the 680 million settlement of a 1999 lawsuit. 62 JUNE 2017 www.tribalbusinessjournal.com 2017 CALENDAR June 5-6 11TH ANNUAL NATIVE AMERICAN ECONOMIC DEVELOPMENT CONFERENCE Westgate Las Vegas Resort & Casino Las Vegas June 5-6 SIXTH ANNUAL NATIVE AMERICAN HOUSING CONFERENCE Westgate Las Vegas Resort & Casino Las Vegas Ju June 11-14 NCAI MID-YEAR CONFERENCE AND MARKETPLACE THE NATIONAL CONGRESS OF AMERICAN INDIANS Uncasville CT www.ncai.org events June 26-29 41ST NATIONAL INDIAN TIMBER SYMPOSIUM Red Lion Hotel Yakima Center Yakima WA www.itcnet.org AMERIND NAIHC NATIONAL CONFERENCE & TRADE FAIR THE NATIONAL AMERICAN INDIAN HOUSING COUNCIL Nashville Music City Center Nashville TN naihc.net annualconvention June 27-29 Artwork Petroglyph turtles in Sinaguan style petroglyph 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 associate editor at arichard SFBWmag.com. www.tribalbusinessjournal.com JUNE 2017 63 Standing Rock Sioux Tribal Chairman Dave Archambault II and NAFOA s President Cristina Danforth Oneida Nation Mashantucket (Western) Pequot Tribal Nation Chairman Rodney Butler receives NAFOA s Tribal Leader of the Year award NAFOA s 35th Annual Conference The Native American Finance Officers Association hosted its 35th annual conference in San Francisco. The three-day conference included award ceremonies and sessions on leadership self-determination economic development taxation and tribal governments and private banking and capital. NAFOA also launched the Orange Book a financial management guide for tribal governments and the Gen-I Career Success Fellows Leadership Program an online educational program created to train fellows for professional roles. Gen-I Career Success Fellowship reception at Seven Post LLP NAFOA Executive Director Dante Desiderio The new NAFOA Board of Directors (L-R) Hattie Mitchell (Prairie Band Potawatomi Nation) VaRene Martin (Thlopthlocco Tribal Town Mvskoke (Creek) Nation of Oklahoma) Melanie Benjamin (Mille Lacs Band of Ojibwe) Christina Danforth (Oneida Nationa) Christina L. Jimerson (Seneca Nation of Indians) NAFOA President Cristina Danforth addresses the crowd at the president s reception 64 JUNE 2017 www.tribalbusinessjournal.com Business exchange Join thousands who have resolved to be happy and debt-free. Are you paying too much for your client benefits program Debt.com offers the easiest debt resolution ever... one simple phone call to 800-810-0089. If you re ready to bring more revenue in to your business contact us Alternative Revenue Solutions Tel 954-377-9480 E-mail info ars101.com YOUR AD HERE FOR ONLY 1399 YOUR AD HERE FOR ONLY 1399 Special Compass is a Non-Profit 501(c)3 organization. The purpose of Special Compass (SC) is to promote success for persons with disabilities by providing assistance to meet their individual needs and independence through recreation and sports as well as create Inclusion awareness and raise funds for their achievements. To become a Rider Power Buddy Engine or make a donation call info specialCompass.org 12330 S.W. 53 Street 707 708 Cooper City FL 33330 954-302-3284 call 954-666-5316 or visit TribalBusinessjournal.com LAST LOOK Dana Warrington started doing quillwork for his pow wow outfits S Native Expression Dana Warrington dives into quillwork fulltime BY ANDREA RICHARD it you can have anything you want. Now living in Cherokee North Carolina with his wife and daughter he had no idea that the decorative art would turn into a business one which he works on at odd hours. He likes the flexibility of being an artist. He can work late night early morning whenever inspiration strikes he says. Working with quills like needles can be a tricky process that requires skill. Quills come from porcupines. Working with needles you are going to get poked. The more and more I got poked I took it as a sign to have respect for what I do. His grandmother who passed 2 and half years ago continues to inspire his art. This craft honors her legacy he says. I started to realize that I was doing more than quillwork. I was doing artwork. Now every piece I do has a story about it. The colors and what this means to me. It s a living art. o far 2017 has been a big year for artist and quillworker Dana Warrington. This summer Warrington will show for the first time at the Santa Fe Indian Market which he credits as a major source of inspiration. When I left the Santa Fe Indian Market last August I knew that was where my life would go he says. So I pursued quillwork fulltime. One thing led to another. Porcupine quillwork has been called a uniquely North American art form with the quills used as appliqu s embroidery and wraps. Born in Wisconsin and an enrolled member of Menominee Prairie Band Potawatomi he began beading when he was around 8 got serious about it at 16 and then picked up quillwork in 2011. It was pow wow dancing that led me to it he says. I started making my own dance outfits. I tried different things and my mom said If you learn how to make 66 JUNE 2017 www.tribalbusinessjournal.com Redefined DreamCatcherTM Hotels newest property The Guest House at GracelandTM has been awarded the prestigious Four Diamond rating by AAA. Call us today to learn how you can save as much as 50K key compared to the industry average. THE FOUR DIAMOND EXPERIENCE FOR MORE INFORMATION CALL TIM HNEDAK (858) 699-8814 www.dreamcatcherhotels.com Graceland and its marks are trademarks of EPE. All Rights Reserved. Elvis PresleyTM 2016 ABG EPE IP LLC Photo courtesy of Je rey Jacobs Photography www.tribalbusinessjournal.com JUNE 2017 67 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 68 JUNE 2017 www.tribalbusinessjournal.com 1 415-321-3300 carbon newforests-us.com forestcarbonpartners.com