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AUGUST 2017 7.95 John Lewis Helping transform Indian Country energy 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 16 AUGUST 2017 VOL.2 NO.8 Gila River s John Lewis helps tribes in the energy field Cover Story UP F R O N T 6 Publisher s Letter 8 Editor s Letter 36 Medal of Freedom Billy Frank 38 Trade Association Partners Native American Economic Development Corporation 28 Navajos push into new crops organics N E W S F E AT UR E S 14 In the News 20 Santa Fe Indian Market is big business 32 Disenrollment sparks litigation 24 What s up with hemp 26 Ramona Farms brings back traditional crop S P E CIA L R E P O R T F O O D A N D A G R ICULT URE IN D US T RY R E P O R T S 40 Tourism New law new opportunities 42 Law Avoid economic development pitfalls 44 Law What s ahead under Trump 46 Financial Services Only tribes can help the underbanked A D V ICE 48 Business Ethics The slippery slope 49 Communications Shifting sands present opportunity 50 Organizational development Nine common mistakes made by leaders 51 Sales Strategies Getting teams on board with strategies 52 Marketing Circle The biggest mistake you can make 54 People Passion and Profits Business at the speed of happiness 55 Federal Procurement Who s on the bench 56 Talent and Leadership Winning top talent 58 Taking Stock A can t miss infrastructure stock W E A LT H A N D IN V E S T IN G 57 Motley Fool Can Amazon succeed in grocery CA L E N DA R 39 Upcoming events 4 AUGUST 2017 www.tribalbusinessjournal.com LAST LOOK 59 Hopi Way of Life 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 www.tribalbusinessjournal.com AUGUST 2017 5 PUBLISHER S LETTER TBJ celebrates success partners in Indian Country I Publisher Sandy Lechner speaking at RES Greetings hope everyone is enjoying a wonderful summer filled with family friends and fun. We have wonderful things happening at TBJ including a growing team and new and exciting partnerships that will be introduced in the forthcoming issues. TBJ will be distributed at the Santa Fe Market. In addition we are proud to report that TBJ will be available in-room at the Hilton Santa Fe Buffalo Thunder Homewood Suites by Hilton Santa FeNorth and at the Cities of Gold Casino Buffalo Thunder Resort. Thanks so much to Governor Joseph Talachy of Pueblo of Pojoaque for his partnership and friendship. In this issue we are thrilled to highlight our friend John Lewis of Gila River who is doing excellent work establishing and enhancing infrastructure and energy resources throughout Indian Country. Lewis passion for progressive economic development and sustainable solutions in Indian Country are an inspiration and should be a model for tribal leaders . TBJ continues to examine and discuss issues that are vital to sustainable economic development in Indian Country. As we continue to discuss energy agriculture finance gaming access to capital sovereignty and other major topics we also want to bring light to less popular but equally critical issues. We want to look at the lack of skilled and educated human capital in Indian Country the need for enhanced health and wellness services and so forth. These issues are and will continue to be inhibitors of successful and sustainable economic development in Indian Country. One of our goals and missions with TBJ is to be the voice of 21st century economic development in Indian Country. We will continue to be the platform for thought leadership for C-Suite executives throughout Indian Country. If you want to communicate your message enhance your brand and do significant business in Indian Country please call us and consider a partnership with TBJ as we continue to grow our media platform and network. With Warm Regards. Sandy Lechner Publisher Sandy Lechner may be reached at slechner tribalbusinessjournal.com or 954.377.9691. 6 AUGUST 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 Your partner in Indian country In our business experience is important but success is built on strong partnerships. That s why at Ukpeavik I upiat Corporation (UIC) we form strategic and mutually beneficial partnerships with Tribal entities across the country leveraging the unique strengths of each organization to provide the best quality and value to our customers. A certified SBA 8(a) corporation we believe in forging lasting business relationships that promote economic growth throughout Indian country. We also believe in building projects and implementing solutions that balance innovation value and function with a profound respect for the land and culture. UIC takes pride in working with other tribes and we will continue to pursue opportunities that enable UIC and its partners to grow while helping to build strong healthy communities wherever we do business. A member of the UIC family of companies 480.829.3563 uicdpb.com www.tribalbusinessjournal.com AUGUST 2017 7 EDITOR S LETTER Energy is a Priority for Tribes n June 28 10 tribal leaders attended a roundtable with President Donald Trump along with governors of two states and Energy Secretary Rick Perry to discuss energy issues on tribal land. The tribal roundtable was held during the week which the White House dubbed Energy Week when the administration discussed its planned energy policy. Many American Indians proclaimed their dismay that tribal leaders would meet with President Trump who had a 55 percent disapproval rating in July according to Rasmussen Reports conducted by Pulse Opinion Research. They remembered late last year when the co-chair of Trump s Native Affairs Coalition Congressman Markwayne Mullin (R-OK) raised eyebrows in Indian County when he voiced his support to privatize tribal lands tapping into energy products such as oil natural gas and coal. They remembered President Trump signing an executive order that encouraged the U.S. Army Corps of Engineers to approve an easement for the Dakota Access pipeline through ancestral tribal land near the Standing Rock Indian Reservation in North Dakota. The president s executive order set in motion the reversal of the Obama administration s denial of the easement. The approval led to the Dakota Access pipeline becoming operational in early June. This same pipeline was rerouted from upstream of Bismarck the capital of North Dakota because the Corps felt it was too dangerous because of the possibility of a leak. So it was rerouted to go near Standing Rock. Apparently it s OK to build a pipeline near the American Indian s neighborhood but not nonNative s. Then there s ongoing concerns that energy companies come onto Indian lands and take natural products and then leave contaminated messes behind. Uranium mining has resulted in high levels of radiation that produce cancer and other health ailments to tribal people. Sadly the land is raped and tribal people are left as poor as they were before the energy company s intrusion. The angst of American Indians is understandable. Chairman Aaron Payment Sault Ste. Marie Tribe of Chippewa Indians attended the White House roundtable. He received widespread pushback from his tribal citizens. He offered this defense as to why he felt it was important to attend the meeting with President Trump For those who just can t get past their opposition to this president and have politely expressed their dissent I respect your opinion but feel I have to at least try to be heard at the level of the U.S. presidency. Chairman Payment has a point because tribal leaders need to protect tribal sovereignty. He said tribal leaders wanted to educate the president on the issue of tribal sovereignty and the bureaucratic red tape tribal nations must work through to get anything done on tribal lands. Dealing with energy products on tribal lands is an importance to tribal governance. Given the federal government plays such an integral role in regulations involving several federal departments and agencies tribal leaders must interact with federal government officials regardless of the personality of the individual office holder. John Lewis chairman of the Gila River Indian Community Utility Authority (GRICUA) realizes the realities of dealing with government regulations related to energy. He has been working hard for many years to improve customer service and reliability for tribal members in the Gila River Indian Community near Phoenix Arizona. Lewis is featured in TBJ s August cover story. Please read it to better understand the importance of tribal leaders working to improve energy on tribal lands. 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 AUGUST 2017 www.tribalbusinessjournal.com www.tribalbusinessjournal.com AUGUST 2017 9 PUBLISHER COO 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 Mal Berko Kara Boyd Rachel Cromer Gary Davis Janee Doxtator-Andrews Stephen Garber Tanya Gibbs Timothy Green Debra Krol Robin A. Ladue Scott Pritchett Matt Shore Greta Shultz Randall Slikkers Adolfo Vasquez Glenn C. Zaring Creative CREATIVE DIRECTOR Melanie Smit ART DIRECTOR Frank Papandrea Marketing and Events Jennifer Barb jbarb lmgfl.com Estefania Marin emarin lmgfl.com Controller Josh Wachsman jwachsman lmgfl.com Administration Accounting Circulation Manager Monica Bridgewater-Wilson monica lmgfl.com Director Devon Cohen 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 AUGUST 2017 www.tribalbusinessjournal.com AD www.tribalbusinessjournal.com AUGUST 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 AUGUST 2017 www.tribalbusinessjournal.com Creating Opportunities for Energy & Infrastructure for Indian Country Email john.lewis avantenergy.com Phone 480-510-9811 www.avantenergy.com www.nativeenergyecosystem.com For More Information on how we can assist your tribe contact John Lewis www.tribalbusinessjournal.com AUGUST 2017 13 IN THE NEWS INDIAN HEALTH SERVICE UNDER FIRE The Wall Street Journal reported that the government health service charged with caring for Natives Indian Health Service failed to meet minimum U.S. standards for medical facilities. It stated that IHS allegedly turns away seriously ill patients sometimes leading to deaths because of negligence. IHS is a unit of the Department of Health and Human Services and it serves approximately 2.2 million tribal members across Indian Country. The Rosebud Sioux tribe of South Dakota is suing IHS according to the report for negligence. IHS acting director said there is no excuse for substandard care. These projects consistent with President Trump s America First Energy Plan and the vision Secretary Perry has for Indian Country will install 6.3 megawatts of new energy generation for more than 3 000 tribal buildings and homes across the nation and save benefitted communities more than 2 million each year said Office of Indian Energy Director William Bradford in a statement. These energy development and efficiency projects will provide economic benefits to American Indian tribes and Alaskan Native villages for many years to come. Navajo Generating Station TRIBES WIN WATER DISPUTE A federal appeals court in Washington D.C. ruled in favor of the Gila River Indian Community in a water rights case. The Gila River Indian Community and the San Carlos Apache tribe opposed mining company Freeport McMoRan s plan to divert water from the Gila River. 13 TRIBAL ENERGY PROJECTS SECURED FUNDING Thirteen tribal energy projects were selected for grant monies awarded by the U.S. Department of Energy Office of Indian Energy Policy and Programs. The grants a total of 7.8 million are intended to help the tribes deploy clean energy projects on the reservation. railroad lines from the plant to the Kayenta Mine the plant s provider of coal. Navajo Generating Station and Kayenta Mine provide nearly 850 jobs with a 40 million annual economic impact to the Navajo Nation. The tribe says the extension will give it more time to pursue new sources of revenue including renewable energy. LEASE EXTENSION ENDS DEBATE Navajo Generating Station signed an 18-month lease renewal for 350 million which would keep the plant open until 2019. The 2 250-megawatt plant near Page Arizona is the largest coal power plant in Indian Country. The lease allows the tribe to keep existing infrastructure and hold deep cultural and religious importance and hunting them would be a violation of tribal religious rights. The suit follows a recent decision made by the U.S. Fish and Wildlife Service to remove the bears protected status which now allows scheduled bear hunts in Montana Wyoming and Idaho. The complaint also alleges that Native American tribes were not consulted in the decision. Outside the Yellowstone region grizzly bears will continue to have protected status. SACRED GRIZZLY BEARS In Montana more than 16 tribes across seven states filed a suit against the U.S. government to block game hunting of grizzly bears in the Yellowstone National Park area. The plaintiffs stated that grizzly bears TWIST FOR MASHPEE WAMPANOAG The U.S. Department of the Interior plans to analyze a new aspect about whether the Mashpee Wampanoag Tribe qualifies for its land to be put in trust. The question is whether the state s authority over the tribe could be considered in place of federal authority 14 AUGUST 2017 www.tribalbusinessjournal.com South Coast Today reported. TBJ s June cover story told how the Department of the Interior is playing a key role in the tribe s efforts to open the First Light Resort and Casino. Professional Regulations] to get it done. said Gary Bitner spokesman for the tribe. PEOPLE ON THE MOVE Department of Interior concerning the fate of the Bears Ears National Monument in Utah. The demand for analysis comes after President Trump signed an executive order which would review 27 monuments designated under the Antiquities Act and could change its existing boundaries including Bears Ears. in Florida. The tribe agreed to continuously share monthly revenue payments to Florida giving the state more than 340 million. The settlement agreement ensures a stable future for the members and employees of the Seminole Tribe of Florida and the tribe appreciates the hard work of Gov. Scott and DBPR [Department of Business and Gavin Clarkson (Choctaw Nation of Oklahoma) was appointed by the Interior Secretary as the Deputy Assistant Secretary for Policy and Economic Development. The role is with Indian Affairs within the Office of the Assistant Secretary.. Gavin Clarkson INDIAN ARTS AND CRAFTS ACT REVISITED In a hearing in New Mexico a group of Native American artists and government officials requested that the U.S. government strengthen enforcement of the Indian Arts and Crafts Act. The act was passed in 1990 prohibiting sales of counterfeits falsely suggested Native-made goods and misappropriated Native American art. Counterfeiting Native American arts and goods has been on the rise as the artform has increasingly gained popularity reported the Santa Fe New Mexican. SEMINOLE TRIBE SETTLES GAMBLING DISPUTE In a settlement blackjack and banked card games will continue to be played for another 13 years at Seminole Tribe-run casinos and parimutuels in Florida will be ordered to cease offering banked card games reported the Sun Sentinel. In turn the Seminole Tribe will have exclusive blackjack rights THE PUBLIC WEIGHS IN ON BEARS EARS Over a 15-day period more than 1.4 million written public comments were collected by the The only national organization dedicated to advancing Indian Country tourism across the United States. JOIN US AND LEARN MORE AT WWW.AIANTA.ORG Indian Creek in Bears Ears National Monument www.tribalbusinessjournal.com AUGUST 2017 15 16 AUGUST 2017 www.tribalbusinessjournal.com COVER STORY Charged Up lectric utilities can be a severe hindrance for many tribes when it comes to economic development. Native American customers often pay high prices and get too little in return says John Lewis chairman of the Gila River Indian Community Utility Authority (GRICUA). Electricity is such an integral part of life for many tribes and it is such a huge underlying factor in the economic growth and development of the community. Many tribes and their casinos are often the largest commercial customers of many rural coops and utilities but get terrible customer service and reliability. The Gila River Indian Community is a model for how tribes can turn that around. GRICUA was formed in the late 1990s to serve the community s Wild Horse Pass Casino but now purchases wholesale power from various generating sources and delivers it to about 2 700 customers. GRICUA is an example of how the traditional agrarian Gila River Indian Community has diversified economically. While it has a standalone casino and two casino resorts it also has three industrial developments a resort spa a large upscale shopping center and a motorsports park. Lewis is also on the board of Gila River Telecommunications which expects to have fiber broadband service to every community member household within the next three years. Decisions made 20 to 30 years ago are payBY KEVIN GALE ing off now he says. For example Gila River s previous tribal leaders had the foresight CARA ROMERO to buy wireless spectrum when it first became PHOTOGRAPHY available which ultimately matured into a 25 75 partnership with Verizon Wireless. Gila River s 25 stake has become a valuable resource and source of revenue for the community. A lot of economic development in Gila River has been facilitated by us controlling our own John Lewis utility situation. We are by far the most advanced tribe in terms of fiber and broadband says Lewis whose brother Stephen is governor of the Gila River Community. Only a few tribes have a telecom corporate entity Lewis says. The information broadband gap in Indian Country is astounding. The Lewis brothers grew up in Sacaton Arizona the center of governwww.tribalbusinessjournal.com AUGUST 2017 17 COVER STORY ment for the nation. Their mother was a tribal court judge and their father was general counsel for the tribe. He was the first Native American to go to the U.S. Supreme Court and win a case on his tribe s behalf. Both parents emphasized education. Stephen went to Arizona State University and pursued graduate studies at Harvard s John F. Kennedy School of Government. John studied civil and environmental engineering at Stanford University and then worked for a waste water engineering firm in the San Francisco Bay Area. He was recruited by a Stanford alumnus Tracey A. LeBeau A Gila River utility crew to join an energy works on power lines consulting firm in Phoenix which is close to the tribe s reservation. LeBeau is now with the Department of Energy. Lewis became chairman of GRICUA in 2010 but has had roles with other companies too. HELPING OTHER TRIBES In 2011 and 2012 he was a vice president at Generation Seven Tribal Energy Partners which helped tribes with energy strategies. In 2012 he became VP of tribal client development at Avant Energy which is based in Minneapolis. Avant works with tribes and munic- ipalities who want to form utilities. It also provides advice on energy operations and strategies for mapping energy sources and how the energy is used. Some tribes are developing power plants and generating resources says Lewis who helps tribes negotiate with utilities. Like GRICUA some tribes operate the utility infrastructure on their lands purchase power wholesale and then deliver it to retail customers. I think that my work with tribes throughout Indian Country is rewarding mostly because utility infrastructure directly interacts with the day-today life of tribal communities on such an intimate level--good and bad Lewis says. I strongly feel that my work with Avant is so important because we have committed resources to making change in Indian Country and to helping tribes take over those very important decisions related to energy and utility infrastructure. Even though tribes are sovereign they face the reality that different states have varying degrees of energy deregulation. California and many of the New England states are deregulated but other states are not Lewis says. In 2013 Lewis began speaking to tribal leaders about climate change and how actions could start with tribalowned facilities such as resorts golf courses and casinos. While the Trump administration is not participating in the Paris Climate Accord I strongly think there is an opportunity for tribes to interact directly with the United Nations and adopt the goals of the Paris Accord Lewis says. For many tribes energy efforts will move towards distributed generation resources with community-level grid-connected power generation and storage. Natural resources could be important for some tribes too Lewis says. If they want to develop coal and natural gas I think that s their right. Lewis credits Gila River s leadership with taking a business-like approach to its utilities. For example it has a policy that helps customers avoid disconnection during extreme heat and cold but requires a payment plan. Lewis continues to take a forward-looking view at the Gila River authority. Like many business leaders he is looking at the future workforce. While a major national trend is to emphasize STEM education--science technology engineering and math the authority has come up with STEA3M which adds art agriculture and architecture. The STEA3M summer program was for enrolled community members entering the fifth to eighth grade and included field trips. The young tribal members could end up working for GRICUA at a 7 billion Intel plant near the reservation or learn skills to participate in the extensive agriculture operations at Gila River which includes big cotton and alfalfa farms. The brothers father worked 30 years to get a major water settlement for the tribe and they feel want to build on the success of such tribal giants. The goal is not to stagnate but to increase the quality of life Lewis says. It s really about bridging the past to the future while respecting our cultural values. LEARN MORE 18 AUGUST 2017 www.tribalbusinessjournal.com Avant Energy www.avantenergy.com John Lewis www.nativeenergyecosystem.com www.tribalbusinessjournal.com AUGUST 2017 19 20 AUGUST 2017 www.tribalbusinessjournal.com FEATURE BY LEVI RICKERT outed as the largest and most prestigious Native arts show in the world the Santa Fe Indian Market is big business for Native artists. The annual event attracts upwards to 120 000 people spurring a 90 million boost to the economy. Operated by the Southwestern Association for Indian Arts (SWAIA) the Santa Fe Indian Market began in 1922 and is the oldest Indian art market in the country. When the large crowd of art buyers descends on Santa Fe on August 19-20 at the 96th installment Elizabeth Kirk (Isleta Pueblo Navajo) and Pat Pruitt (Laguna Pueblo Chiricahua Apache) will be among 900 best of the best American Indian artists showcasing and selling their works. ELIZABETH KIRK GIVING BACK This market is one of four art shows where Kirk displays her art each year. Kirk is the daughter of Mark Kirk and niece to the late Andy Lee Kirk both award-winning American Indian jewelers who have gained international recognition. Coming from that pedigree Elizabeth Kirk 41 was introduced to the jewelry making world at age 8 when she picked up a jeweler s saw and began to mimic what she observed. At age 17 she took over the business aspect of her father s company and never looked back. She continues to build upon the foundation laid so many years ago by blending modern technology with traditional aesthetics working to further expand the family s market to reach a larger audience. Her art provides a full-time income. She owns Kirk Ltd. Co. located on the Isleta reservation near Albu- querque New Mexico where her father and uncle first began their careers. She looks at giving back to the community and market that has played a significant role in the global presence of Native art. She and her father have developed a unique form of coloring the silver that sets them apart from other Native jewelers. I don t measure my success in monetary terms or even the recognition that comes with my art says Kirk. My success is being able to take care of my family. Being an artist has allowed me to take care of and be there for my parents when they had cancer. After serving four years on the SWAIA board of directors Kirk was elected chair in March 2017. Serving on the SWAIA board is my way of giving back to an organization which has greatly contributed to--not only my family s global presence--but many other artists in the Native fine arts industry. SWAIA offers Native artists a platform that was previously not available. More than this they have helped to pave the way for future generations says Kirk. SWAIA aims to keep traditions alive breathe new life into existing artforms encourage the evolution of artists and expand the definition Pat Pruitt of Native art. The market provides American Indian artisans exposure that goes beyond the borders of the United States. My jewelry has been purchased by people from Japan New Zealand Germany and Australia Kirk says. While the market is a great place for Kirk to sell her art she says she stays connected to her customers through social media. www.tribalbusinessjournal.com AUGUST 2017 21 FEATURE I post my art items on Instagram and they sell fast. My customers are able to see new things coming up and they don t have to wait a year between the show says Kirk. PAT PRUITT For award-winning artist and Pueblo of Laguna tribal council member Pat Pruitt 44 the Santa Fe Indian Market is about an opportunity to gain exposure. This year marks the 10th year he will participate. The Santa Fe Indian Market is the premier Native art show. If you can get in it says something about your work. Serious art collectors come to buy the best says Pruitt who won first place at the market in 2009. An accomplished jeweler he learned his craft at 15 years old. Laid up because of an accident that year Pruitt says he used the time to learn traditional jewelry-making from Greg Lewis one of the top silversmiths in the Southwest who 22 AUGUST 2017 www.tribalbusinessjournal.com also lives on the Laguna Pueblo. During college Pruitt took mechanical engineering classes and eventually worked as a machinist which led him to establish Custom Steel Body Jewelry. His expertise led him to use other materials not just silver or gold for his jewelry.. I am probably one of two Native jewelers venturing into alternative metals such as zirconium titanium and stainless steel. Most primarily work in silver and gold says Pruitt. Even with his success Pruitt says with laughter in his voice that it was only about 12 years ago that he realized he was a professional artist. The market has been good for Pruitt. He says half of his annual income as an artisan comes from the market. There are some artists who make 70 or 80 percent of their income from Santa Fe says Pruitt. Santa Fe is a big deal because of the exposure to serious art collectors who are willing pay a big price for Indian art. Some artisans sell their items for 30 000 or even 150 000. To prepare for the market Pruitt produces art items in various price ranges. He says he concentrates on a major piece but is cognizant that not everyone can afford to pay large amounts for jewelry. Pruitt feels it is important to take a step back and look at Indian art as a whole. He says the field is extremely huge and he feels Indian art Elizabeth Kirk doesn t get the proper recognition as an economic driver within Indian Country. People always bring up Indian gaming and now the possibility of medical marijuana grown by tribes but they need to realize what Indian artisans do is huge. It may not be glamorous all the time but it is huge says Pruitt. MORE INFORMATION For the Santa Fe Indian Market agenda go to swaia.org Indian_Market 2017_Schedule_ and_Tickets index.html Why should you advertise in TBJ When considering how to introduce our Value Proposition to the decision makers in Indian Country our choice was clear. Advertise in TBJ. We look forward to a great partnership. Mark Gemignani CEO Dominion AG TribalGovernmentandEnterprisePrograms StacyA.Sullivan CIC ACSR TribalSpecialist AccountExecutive Email Stacy JohnSullivanInsurance.com 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 For more information call Sandy Lechner 954-465-9889 slechner tribalbusinessjournal.com Next Question Work with us to provide education and leadership development and champion hope for a brighter future in tribal communities. Serving Native Americans with the highest need in the U.S. Contact Mark Ford (214) 217-2600 x118 NativePartnership.org www.tribalbusinessjournal.com AUGUST 2017 23 INDUSTRIAL CROP COULD BENEFIT INDIAN COUNTRY BY KARA BREWER BOYD What s up With Hemp e can import hemp seeds you can eat it and you can buy it at health food and grocery stores. Yet U.S. farmers cannot produce the seed s crop and sell it in our own country. Until the law changes farmers will continue to be prohibited from participating in this expanding market. So what s up with hemp 24 AUGUST 2017 www.tribalbusinessjournal.com SPECIAL REPORT FOOD AND AGRICULTURE Colorful rope toys and insulation are just some of the industrial uses of hemp You have to go back to 1937 when the Marijuana Tax Act began the illegalization of hemp. Now though there is a move to reconsider. In 2014 the Agricultural Act of 2014 also known as the Farm Bill was passed. It included a section known as Legitimacy of Industrial Hemp Research which defines industrial hemp or cannabis plants as containing 0.3 percent or less THC by weight. The bill authorizes institutions of higher education or agriculture departments in states that have legalized hemp cultivation to conduct research and pilot programs. In 2015 the Industrial Hemp Farming Act was introduced by a bipartisan group of U.S. senators which would have allowed farmers to produce and cultivate industrial hemp. This bill would have removed hemp from the controlled substances list as long as it contained no more than 0.3 percent THC. At least 30 states have passed legislation related to industrial hemp. Generally states have taken two approaches Authorize studies of the industrial hemp industry and establish commercial industrial hemp programs. Some states establishing these programs require a change in federal laws or a waiver from the Drug Enforecement Agency prior to implementation. Currently the greatest challenge continues to be the legalization of industrial hemp because it is classified in the same species as marijuana and considered a Schedule 1 substance. It s not legal to produce industrial hemp it in the U.S. Seeds must be imported which means farmers have to be registered with the DEA and obtain a permit to grow industrial hemp. A license must be obtained from the state for everybody who s involved with the production of hemp or coming into contact with it. A criminal background check and fingerprinting are required to obtain a license. In order for U.S. farmers to move forward and begin industrial hemp crop production for sale in our country hemp will have to be removed from the controlled substances list. But for that to happen we must address public concerns. Many people have been given the wrong idea about hemp. The common misconception regarding hemp is that it s marijuana. Technically hemp is part of the same species as marijuana--cannabis sativa--making them more like cousins not twins. The most significant difference between the two is hemp won t get you high. It is bred to have a lower THC level. No one is going to get intoxicated off hemp. Smoking it will result in a lungful of smoke and possibly a headache. Therefore it should not be confused with recreational or medical marijuana. This industrial hemp is grown for oils and fiber that can be utilized in the food skincare automobile construction and energy industries. The Association of American Indian Farmers (AAIF) is providing information and technical assistance to farmers who are interested in learning more about industrial hemp crop production. Meetings are being held to discuss how to adapt cur- rent farm equipment and best practices to incorporate hemp growing in farm operations in North Carolina and Virginia in anticipation of being permitted to participate in current research projects. A rider in the Omnibus Appropriations Act of 2016 states None of the funds made available by this act or any other act may be used ... to prohibit the transportation processing sale or use of industrial hemp that is grown or cultivated in accordance with section 7606 of the Agricultural Act of 2014 within or outside the state in which industrial hemp is grown or cultivated. It is our goal to help estab- KARA BREWER BOYD lish local food hubs and man- IS PRESIDENT OF ufacturing facilities in tribal THE ASSOCIATION communities across Indian OF AMERICAN INDIAN Country to create a sustain- FARMERS. CONTACT HER able agricultural economy and AT AMERICANINDIAN secure food sovereignty. FARMERS GMAIL.COM. www.tribalbusinessjournal.com AUGUST 2017 25 26 AUGUST 2017 www.tribalbusinessjournal.com 1 FOOD AND AGRICULTURE brings back a traditional crop BY DEBRA UTACIA KROL n O odham farmer and her family are helping restore traditional foods to the Southwest while building an impressive agribusiness in the process. Ramona Farms a 5 000-acre spread in the Gila River Indian Community just south of Phoenix Arizona produces indigenous crops for both wholesale and retail markets. But it s the crops themselves-- and the woman behind the crops--that s the biggest success story. Ramona Button a member of the Gila River Indian Community and her husband Terry are carrying on a 2 000-year tradition. Long before the arrival of Europeans the Huhugam and their descendants the O odham produced a wealth of agricultural products on the fertile soil watered by the Gila and Salt rivers in what s now known as the Valley of the Sun. They built more than 1 000 miles of canals which brought water to their fields of corn tepary beans squash gourds melons and other indigenous foods to the arid region. In fact in the late 19th century the Pima farmers were prosperous and self-sufficient. Several accounts note that the Pima people were selling 2 million pounds of wheat a year and were also dealing in other foodstuffs. However in 1871 that prosperity turned to dust when non-Indian farmers who had also settled in the area started diverting water. Soon the once self-sufficient tribe plunged into poverty. The O odham fields remained dry dusty and unproductive until water began returning to the ancient canals after several water settlements restored the tribe s water supplies. That s where Ramona s story picks up. Ramona Button s father Francisco Chiigo Smith farmed his wife Margaret s small 10-acre plot near Sacaton the capital city of the Gila River community. Smith raised the same crops as his O odham ancestors--corn chili peppers various types of squash gourds Pima wheat melons sugar cane and tepary beans. As a young girl Ramona helped her father plant cultivate and harvest the crops. Ramona married Terry a scion of Connecticut farmers and the couple worked their first farm in Nebraska. However in 1974 two years after their marriage home called and the Buttons began working the Smith family farm. Soon other relatives started leasing their lands to Ralph and Ramona growing the farm to its current size. In the late 1970s Button was asked by some elders to grow tepary beans called bafv in the O odham language which by that time nearly became extinct. She found some bean seeds in a trunk in her family home and cultivated them. It became clear to us especially with the urging of our community elders that it was to become our mission to bring the bafv back to the community she writes on her website. We were able to get started with those few seeds of each color and learned how to produce the beans on a small scale. Tepary beans Ramona Farms most well-known crop contain more protein and higher fiber than ordinary beans. They also have a lower glycemic index making them ideal food for people with diabetes or just people seeking to lose weight. In fact tepary beans are arguably the healthiest beans on the planet. Terry Button took those seeds and grew more beans increasing the seeds for the next crop and educating himself on the best way to produce the beans on a commercial scale. After increasing the crop acreage the Buttons began selling both white and brown tepary beans locally to other O odham farmers. Next they started growing more traditional crops. Then they started selling off the reservation. Today Ramona Farms offers a variety of Native-grown traditional heirloom and non-traditional crops. You ll find traditional Pima wheat including durum Pima club and white Sonora wheat berries and wheat Pinole as well as roasted Pima corn corn meal and polenta for sale in stores as diverse as Whole Foods the Tucson-based heirloom seed bank and store Native Seeds SEARCH and museum gift shops. The farm also includes a milling and packing operation and sells through its website and its retail operations with the help of the business six employees. Button also gives presentations on cooking with tasty tepary beans and other traditional O odham foods and lectures about the importance of these items in maintaining good health. Ramona Farms 28 AUGUST 2017 www.tribalbusinessjournal.com SPECIAL REPORT FOOD AND AGRICULTURE Diversification Push BY LEE ALLEN NAVAJOS PUSH INTO NEW CROPS AND ORGANIC FARMING avajos have a concept called Ho zho that considers the universe s nature and the part man plays in it. The tribal-run Navajo Agricultural Products Industry in the Four Corners area (brand name Navajo Pride) operates with the same vision says CEO Wilton Charley. We strive to continue the legacy of Navajo farming producing superior products practicing stewardship and creating value for our people. Our vision is to farm sustainably across generations to cultivate a healthy nation he says. The NAPI facility is seven miles south of Farmington New Mexico and includes a 250-acre industrial park with 18 lots for lease NAPI s headquarters a Bureau of Indian Affairs office and Raytheon Missile Systems Drip irrigation among existing tenants. and plastic However NAPI s game culture save water plan took a swift turn south last spring when the 17-foot-wide siphon pipe that brings water to the farm over a 40-mile run from Cutter Dam Reservoir suddenly ruptured. According to the Farmington Daily Times 128 acrefeet of water spilled into a wash. Crops were in the field already planted and accounted for that precious liquid for growth to maturity and harvest. With only two weeks supply in their irrigation canals and an estimated month to make repairs to resume the water flow they rationed what they had. When the water stopped the message hit home says Charley who had only been on the job for two months www.tribalbusinessjournal.com AUGUST 2017 29 SPECIAL REPORT FOOD AND AGRICULTURE when the disaster occurred. But adversity builds strength and everyone involved coalesced to work as a team. Among the many lessons learned We re taking a different approach as an organization making a commitment to be more forward thinking. We don t want to go through another incident like that waiting for a governmental entity to help remedy the problem. If we suspect there might be an issue pending we will use NAPI money to fix it rather than relying on others. Wise management had put the company in a positive cash position to absorb the loss of the spring 2016 crops and a revenue hit that amounted to well over 4 million. With a workforce of some 300 personnel in the field and another 150-support staff some were put on furlough or reduced work hours to prevent a need for massive layoffs. Our financial position today remains stable and going forward we ll now have emergency funds set aside to help us respond internally and immediately to any other potential crises says CFO Darryl Multine. Responding to the unexpected Charley says We d always taken water availability for granted that it would be there on demand. It s like turning on the faucet in your home and expecting the water to be there. When it wasn t the only response option we had to the unexpected crisis was 30 AUGUST 2017 www.tribalbusinessjournal.com to buckle down keep on going and make the best of a bad situation. But once the immediacy of a major problem subsides the opportunity arises to re-plan a new future path. One of the effects of the siphon breach was that we came up with a Plan B a re-evaluated game plan over the next three to five years to better utilize our water management capabilities and expand into new areas Charley says. And when you re running a 55 million a year business where profits are reinvested back into the operation to upgrade and expand that kind of forward thinking is necessary. Because we view our generated revenue as a way to increase the assets of the Navajo Nation we needed to step up our game and the pipeline breach gave us a clean slate a fresh canvas to reset a lot of things and put new plans into place Charley says. On the water management side technologies are being tested that may result in using 20 to 30 percent less water to irrigate the same acreage of primary crops such as potatoes pinto beans corn wheat and alfalfa. NAPI is now growing a third of its vegetable crop with plastic culture the first time doing so and the first time using drip irrigation on a large scale. A more diversified product mix will be part of that Plan B. Already farming 70 000 of their 110 000-acre allocation NAPI prioritized its crops by value and vulnerability and came up with a plan of gradual change gingerly testing concepts before fully implementing them. Growing organic produce was one response. Already added under the organic crop diversification plan are mini-watermelons cantaloupe winter squash onions and garlic (with tomatoes bell peppers and cucumbers still being tested and evaluated). A thousand acres are dedicated to the organics project in a gradual transition from conventional production agriculture of standard field crops to organic growing. NAPI received its organic certifica- Sumac berry harvest tion from the New Mexico Department of Agriculture Organic Program. Our staff prepared for this program through extensive research and trained directly with other tribal farmers and industry consultants says COO Michael Castro. The organic program requires an additional labor force to meet USDA regulations so as part of the new direction the farm will be adding to its field labor force to handle the crop diversification. On average two employees per acre are needed to build crop beds plant cultivate and harvest organic crops. The organics effort will count for an estimated 20 percent of our projected revenue for the coming year says Charley Impressive because that s on less than 2 percent of the acreage we have available. 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 YOUR AD HERE HERE FOR ONLY FOR ONLY 1399 1399 www.tribalbusinessjournal.com AUGUST 2017 31 call 954-666-5316 or visit TribalBusinessjournal.com Disenrollment sparks litigation economic issues PART TWO OF A SERIES BY ROBIN A. LADUE ribal disenrollment is a powerful demon says Eddie Crandell Sr. who represents the California Bay area Robinson Rancheria Casino. Crandell made the comment at a recent forum held on the practice of disenrollment of tribal members which was sponsored by the Indigenous Peoples Law and Policy Program at the James E. Rogers College of Law and the Department of American Indian Studies. It is estimated that 11 000 tribal members have been disenrolled from their respective tribes. While there are strong pushbacks against this practice the cancer on tribal people that disenrollment brings is destroying people families communities 32 AUGUST 2017 www.tribalbusinessjournal.com and tribes. There appears to be little data on what tribes are disenrolling because it is considered a sensitive and contentious issue. That is an understatement. Alice Langton-Sloan of the American Indian Rights and Resources Organization (AIRRO) says at least 39 tribes in California and 15 from other states have disenrolled members. The reasons for disenrollment include Reducing the number of tribal members who might benefit from the vast sums of money generated by gaming operations Bitterness and settling old scores between tribal members and families Securing power by getting rid of certain opposition or voting blocks. Some attorneys including Robert A. Rosette founding partner of Rosette LLP say disenrollment procedures are a part of tribal sovereignty but attorneys who assist or work for tribal councils must follow their own laws and not violate due process. The National Native American Bar Association (NNABA) issued a resolution in 2015 that it is immoral and unethical for lawyers to encourage or take part in disenrollment processes that lack adequate due process equal protection or a remedy for the violation of the civil rights of tribe members. However this has become more the rule than the exception in the ugly world of disenrollment. The list of tribes that where FEATURE questions have been raised about the process include Picayune Rancheria of Chukchansi Indians population reduced from 1 850 to 750 Nooksack Tribe population of 2 000 reduced by 306 The Confederated Tribes of Grand Ronde population of 5 200 had 67 members disenrolled in 2014 and reinstated in 2017 Pechanga Band of Luiseno Mission Indians 1 350 members in 2006 and more than 230 members disenrolled These are only a few of the dozens of tribes that have or are in the process of disenrollment. While tribal governments often deny that disenrollment is based on the economics of gaming disenrollment rates have grown and spread from tribe to tribe to tribe since tribal gaming began to take hold in 1988. More than 10 percent of the Nooksack Tribe of Western Washington was disenrolled by the tribal council. After a fouryear battle it appears that the tribal members who have been disenrolled will lose their housing schooling health benefits and income from the tribe s Northwood Casino. The group says it was arbitrarily disenrolled by the tribal council. The tribal council led by Bob Kelly is serving past the terms outlined in the tribal constitution says the Department of the Interior which has refused to recognize or fund the tribal council. When other agencies followed suit Kelly and his group filed a lawsuit charging that the actions taken by the department caused the tribe to lose nearly 14 million dollars. A memorandum filed by the Department of Interior in the case says the former Nooksack Tribal Council chose to unilaterally suspend the 2016 tribal elections for expiring council seats and the tribe has lacked a government recognized by the United States since March 24 2016. On June 27 a federal judge stayed actions in the case for 120 days so the two sides could negotiate and make recommendations on the disposition of the lawsuit. On June 16 National Indian Gaming Commission ordered the tribe s casino closed. The NIGC regulators say the lack of a legitimate governing body was one of the reasons citing the Department of Interior s stance. In addition the commission indicated that the tribe failed to conduct background checks on management offi- cials who oversee the casino and remedy drinking water quality violations which were cited by the Environmental Protection Agency. A consequence of the casino closing is the loss of a hundred jobs as well as income for the tribe. While the tribal council s stance has been that those members who were disenrolled from the tribe lack sufficient blood or ties one could argue that greed bad blood and more than 150 years of fighting have led to the ongoing disintegration of the Nooksack Tribe. While it would be tempting to see the outcome of the Nooksack tribal council as a singular situation it is not. The question has now become what rights do disenrolled tribal people have and what redress is available to them to regain their tribal status. Given the tactics of many tribal councils it appears that there are few options and little hope for those whose tribal identities family and community ties health and housing benefits income and history have been stripped from them. However there are glimmers of hope in a bleak situation. The actions taken by the federal government to no longer recognize the tribal council of the Nooksack tribe may force www.tribalbusinessjournal.com AUGUST 2017 33 FEATURE elections and reorganization and hopefully reinstatement of the Nooksack 306. Certainly the message to the Nooksack tribe is to take a step back and assess the priorities of the tribe. In another hopeful situation the Grand Ronde tribe has recently reinstated disenrolled tribal members who were descendants of one of the 1855 treaty signers Chief Tulmuth. Chief Tulmuth was murdered prior to moving to the reservation and was not included on a base roll that the Grand Ronde tribe uses to establish membership. Because of his death and his failure to appear on the rolls the Grand Ronde tribe decided it could disenroll his descendants. The reinstatement of the disenrolled members came about nearly four years after the original action. The three-member Grand Ronde court of appeals stated that the tribe had waited too long--27 years--to correct the error that allowed the 66 to be enrolled. While the tribal members are once again a part of the tribe it does not change the damage done to the people who were enrolled the relationships of people within the tribe or what will likely be an ugly rift for many years to come. Many of the tribal governments that are disenrolling are describing it as a right of tribal sovereignty. The ability of a tribe to establish its membership criteria is an important right. However as the three Grand Ronde appeal judges stated Tribal citizenship is as important as is U.S. citizenship. Based on this statement it should be on the tribe to carry the burden of proof if it is seeking to disenroll any member. It is the viewpoint of this writer that it is now incumbent on Indian Country to strike down the practice of disenrollment. Indian Country cannot afford to lose membership. Given the pressures of politics land grabs and tribal economics it is crucial that tribal governments remember our history and remember our traditional values. If the trajectory of disenrollment does not change ROBIN A. LADUE PHD IS A RETIRED CLINICAL there will likely be more trib- PSYCHOLOGIST. SHE IS AN ENROLLED MEMBER OF THE al members stripped of treaty COWLITZ INDIAN TRIBE OF WESTERN WASHINGTON. protections health housing SHE HAS WORKED AROUND THE WORLD IN INDIGENOUS and education benefits em- COMMUNITIES TO ADDRESS THE LONG-TERM IMPACTS ployment and the receipt of OF HISTORICAL TRAUMA. SHE IS THE AWARD-WINNING other benefits. AUTHOR OF THE JOURNEY THROUGH THE HEALING Indian Country has fought CIRCLE SERIES AND OF THE HISTORICAL FICTION long and hard for surviv- NOVEL TOTEMS OF SEPTEMBER. al. To allow tribes to take away the Native identity from SPECIAL THANKS TO ALAN WILLOUGHBY J.D. MPH its members it is no less FOR HIS EDITING AND FOR HIS 25 YEARS OF EFFORTS cultural genocide than that TO ENSURE THAT ALL CHILDREN ARE TREATED WITH perpetrated by the U.S. govFAIRNESS AND EQUITY PARTICULARLY THOSE IN THE ernment from the first day of FOSTER CARE SYSTEM AND THE JUVENILE JUSTICE invasion. 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License C20111025-1584 NV. Business License NV20111673156 NV Commercial. Mortgage Banker License CBKBR 0121262 AZ. www.tribalbusinessjournal.com AUGUST 2017 35 Billy Frank Jr. Nisqually National Wildlife Refuge Billy Frank Jr. bravest water warriors BY ROBIN A. LADUE Billy Frank Jr. was one of the PART FIVE OF A SIX-PART SERIES he previous four articles in this series have described the first four Native American Presidential Medal of Freedom winners. Each recipient has provided role models for all people models of perseverance courage and determination. Continuing the impressive line of Native American Presidential Medal of Freedom winners is the late Billy Frank Jr. (Nisqually) a brave soldier in the fishing wars of the Northwest in the 1950 s 1960 s and 1970 s. I was introduced to him at the age of nine in 1964 by my father and my aunt. I had the great privilege of listening to Frank address tribes and other government entities regarding climate change economics and protection of fishing runs in 2014 shortly before his death. When I travel from my home on the eastern slopes of the Cascade mountains in Kittitas territory down I-5 to my ancestral homelands of Lewis Clark and Cowlitz counties I drive past a sign that says Billy Frank Jr. Nisqually National Wildlife Refuge. Every time I pass that sign tears come to my eyes and I say a prayer of gratitude to the man whose face represents Native people who were willing to be arrested and killed simply to practice their treaty rights. The Nisqually Delta is a place of beauty and peace with birds animals marshes and fish. How appropriate 36 AUGUST 2017 www.tribalbusinessjournal.com that this stunning area now bears the name of one of the bravest water warriors decades before the water warrior of Standing Rock came to their camp. Truly in the case of Frank those who stood in front of water cannons in 26-degree weather also stand on the shoulders of Frank and others who stood against the bullets of federal agents handcuffs arrests and imprisonment in the fishing wars. Frank was born in Nisqually Washington in 1931 three years before the passage of the Wheeler-Howard Indian Reorganization Rights bill. By the time he was in his 30s and 40s Frank had been arrested more than 50 times for simply practicing his treaty fishing rights. As Vine Deloria Jr. detailed in his book Indians of the Pacific Northwest From the Coming of the White Man to the Present (1977) the Native nation of the Western Washington tribes had reserved the right to fish at all their usual and accustomed places in common with all citizens of the United States and to hunt and gather shellfish in keeping with the Stevens treaties of the mid 1850 s and other treaties. MEDAL OF FREEDOM Despite the assurances of the treaties Frank and the people he led into the fishing wars were arrested and sadly in two cases were murdered. Frank never wavered in his stance that Native people were entitled to their treaty rights even if such rights violated state law. His leadership and persistence cannot be underestimated. In 1974 the honorable Judge George Hugo Boldt found in favor of the tribes. This decision supported what Frank had long maintained that the 20 treaty tribes of Western Washington had the right to co-manage the salmon resources of the state of Washington and it also re-affirmed the tribal rights to half of the harvestable salmon returning to Western Washington. As a side note the Boldt decision while it cleared the path to the development of tribal fisheries and the establishment of the Northwest Indian Fisheries Commission (NWIFC) led by Frank there continues to this day significant bitterness towards Native people regarding these rights. There is now concern and worry about the preliminary statements by members of Congress to privatize Native lands. The NWIFC continues to work diligently with Northwest tribes to establish their own fisheries and to work towards clean water and healthy fishing runs. A recent executive order signed by the 45th president now gives coal companies permission to drain their waste into streams lakes ponds and rivers. Such actions are sending waves of concern through agencies tasked with protecting water and the life that depends on them. The possible termination of tribes the stripping away of environmental protections and President Trump s past claims that climate change is a hoax are very chilling and gravely concerning. It is clear that the role model of Frank and his absolute determination to save fish treaty rights and the very environment will be needed in the uncertain days ahead. This writer is an enrolled member of the Cowlitz tribe having both upper Cowlitz (Taidnapam) blood and lower Cowlitz blood. My father fed his six children on the beautiful salmon that 50 years ago ran large and wild through the cool clear waters of the streams rivers and ocean of the Northwest. To say that Frank saved our way of life our love of the silver fish and the treaty rights that are needed for the salmon to stay viable would not be an exaggeration. In the course of his 83 years of life he was always a leader. He was a commissioner of the Medicine Creek Treaty Area in the NWIFC. He was a member of the board of trustees of The Evergreen State College. He was a founding board member of Salmon Defense whose mission is to protect and defend Pacific Northwest Salmon and Salmon habitat. The fishing industry in the Northwest is a multi-billion-dollar enterprise. Laws to protect the forest and streams to ensure the salmon runs grew out of Frank s efforts and determination. Nevertheless as he stated in his last public presentation in April 2014 there are even greater threats climate change pollution and public indifference. In these now uneasy times with Congress stripping away environmental protections and protections for endangered species including several types of salmon the role modelling and courage shown by Frank need to be emulated. Frank died on May 5 2014. In honor of his courage determination leading of the development and support of tribal fisheries and his humbleness he was posthumously awarded the Presidential Medal of Freedom in 2015 by President Barack Obama. The following month the beautiful area of the Nisqually Delta that has been set aside as a wildlife refuge was officially named the Billy Frank Jr. Nisqually Wildlife Refuge. ROBIN A. LADUE PHD IS A RETIRED CLINICAL PSYCHOLOGIST AND AN ENROLLED MEMBER OF THE COWLITZ INDIAN TRIBE. SHE TAUGHT AND WORKED IN NATIVE AMERICAN FIRST NATIONS MAORI AND ABORIGINAL COMMUNITIES ALL OVER THE WORLD. SHE IS THE PRIZE WINNING AUTHOR OF THE JOURNEY THROUGH THE HEALING CIRCLE SERIES AND THE HISTORICAL FICTION NOVEL TOTEMS OF SEPTEMBER. SPECIAL THANKS TO TONI BROWN GABE GALANDA MEL TONASKET AND ALAN J. WILLOUGHBY J.D. EDITOR PAR EXCELLENCE. www.tribalbusinessjournal.com AUGUST 2017 37 TRADE ASSOCIATION PARTNERS Native American Development Corporation BUILDING ECONOMICALLY SUSTAINABLE TRIBAL COMMUNITIES BY JANEE DOXTATOR-ANDREWS or the ninth annual NADC Economic Development and Procurement Conference panelists will offer insights on Taking Back Our Communities Through Economic Change. The three-day conference in Billings Montana will help address the sense of uncertainty tribal communities are facing in the wake of current political decisions. The unknown has left many wondering what the future holds for Indian Country. Building upon the foundation that our ancestors have worked so tirelessly for is going to be key as we move forward. NADC Executive Director Leonard Smith explained how the conference is intended to share progressive developments in Native communities and provide speakers and panels for attendeess to learn about government procurement contracts financing opportunities and marketing tactics. With Indian gaming tourism and natural resource development contributing hundreds of millions of dollars annually to the state of Montana for instance it is vital to explore ways the state and its tribes can closely work together. Smith and NADC hope to demonstrate to its constituents how to contribute to the local economy during the conference and beyond. Since 1996 NADC has been a liaison for state regional national and international economic development organizations and agencies for Native-owned businesses in Montana Wyoming and North and South Dakota. NADC was organized to provide assistance for depressed economies of the reservations through community and economic development Smith says. Our purpose is to provide technical assistance and training promoting sustainable economies that produce jobs and income to the reservation communities. We have been able to develop and implement programs to support this mission. As a certified Native American Community Development Financial Institution (CDFI) the nonprofit organization provides resource assistance in the areas of capital partnerships marketing and federal contracting. Being a CDFI allows NADC the ability to offer affordable capital and flexible financing options to businesses of all sizes which are owned by serving and creating jobs for Native American people on and off the reservation. These loans spur job creation and help sustain Native-owned businesses developing and strengthening tribal communities and economies. In addition to the CDFI opportunities NADC has numerous programs includ- NADC Executive Director Leonard Smith Location The Facts 2929 3rd Ave. N. Suite 300 Billings MT 59101 Executive Director Established Mission Conference Leonard Smith 1996 To provide technical and financial resources necessary for economic business and community development in Native communities located in our four-state service area which includes Montana Wyoming North Dakota and South Dakota. 9th Annual NADC Economic Development and Procurement Conference August 1-3 2017 ing the Native American Procurement Technical Assistance Center (PTAC). The PTAC is funded in part by a cooperative agreement from the Department of Defense through a program administered by the Defense of Logistics Agency. NADC is also a Native American Micro Enterprise Business Center (NADC-NAMEBC) funded in part by a cooperative agreement with the U.S. Small Business Center. And through a cooperative agreement with the U.S. Department of Transporation s Office of Small Disadvantaged Business Utilization is the NADC--Northern Plains Region Small Business Transportation Center (NP-SBTRC). The future for NADC looks bright. Strategic partnerships are facilitating opportunities that benefit Native-owned businesses and tribal communities. When asked what is the Native American Devel- JANEE DOXTATORopment Corporation s vision ANDREWS IS AN for the future Smith says To ENROLLED MEMBER OF become a sustainable orgaTHE ONEIDA NATION nization providing technical OF WISCONSIN. SHE assistance and training to res- IS THE OWNER OF ervation communities promot- DOXTATOR MARKETING ing wealth building strategies & COMMUNICATIONS rather it be though jobs or in- HELPING YOU TELL come. YOUR STORY YOUR Visit www.nadc-nabn.org WAY. SHE CAN BE for more information on the REACHED AT JANEE Native American Develop- DOXTATORMARKETING. ment Corporation. COM. 38 AUGUST 2017 www.tribalbusinessjournal.com 2017 CALENDAR Engraving of a group of native americans from 1870 August August 19-20 THE 96TH ANNUAL SANTA FE INDIAN MARKET Southwestern Association for Indian Arts (SWAIA) Santa Fe Community Convention Center and various locations Santa Fe New Mexico www.swaia.org September September 11-14 19TH ANNUAL AMERICAN INDIAN TOURISM CONFERENCE Radisson Hotel & Conference Center Green Bay Wisconsin www.AITC2017.com September 25-26 INDIGENOUS INTERNATIONAL REPATRIATION CONFERENCE Isleta Resort & Casino Albuquerque New Mexico www.indian-affairs.org iirc.html October October 1-3 NAFOA 2017 FALL FINANCE & TRIBAL ECONOMIES CONFERENCE River Spirit Casino Resort Tulsa Oklahoma www.nafoa.org events September 12-14 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. 19TH ANNUAL INTERTRIBAL TAX ALLIANCE CONFERENCE Foxwoods Resort Casino Mashantucket Connecticut Intertribaltaxalliance.org September 25-28 October 15-20 NATIONAL INDIAN HEALTH BOARD TRIBAL HEALTH CONFERENCE Hyatt Regency Bellevue Washington www.nihb.org NCAI 74TH ANNUAL CONVENTION & MARKETPLACE National Congress of American Indians Milwaukee Wisconsin www.ncai.org conferences-events NATIVE Act Implementation NEW LAW PROVIDES ABUNDANCE OF OPPORTUNITY FOR TOURISM BY RACHEL CROMER n September of 2016 the Native American Tourism and Improving Visitor Experience (NATIVE) Act was signed into law requiring numerous federal departments and agencies to include Indian tribes tribal organizations and Native Hawaiian organizations in their management plans and tourism initiatives. This means big things for Indian Country in the multi-billion dollar tourism industry. Great progress has been made in federal agency and tribal tourism collaboration. The American Indian Alaska Native Tourism Association (AIANTA) is working hard in all sectors of the industry to ensure that funding is provided to move forward with the implementation of the act in fiscal year 2018. Opportunities for growth in Native tourism are ripe so it is an ideal time to focus on economic and community development and cultural perpetuation. Through tourism im40 AUGUST 2017 www.tribalbusinessjournal.com plementation of the NATIVE Act will help to move Indian Country forward on both of these fronts. Tourism in the United States and in Indian Country is one of the largest and fastest growing sectors of U.S. economic development and job creation. International tourism to Indian Country grew 180 percent from 2007 to 2015 resulting in 8.6 billion in direct spending according to U.S. Department of Commerce figures. With the threat of budget cuts at the federal level in arts museums and countless other sectors tourism offers an economically viable and sustainable avenue to keep vital programs alive. The NATIVE Act supports the establishment of a more inclusive U.S. tourism strategy in order to expand economic opportunity to Native communities create jobs and elevate living standards in Indian Country and rural communities. The law also aims to empower Native Americans to tell their own stories and define the scope of tourism activities on tribal lands indigenous homelands and in Native communities. As the only national organization specifically dedicated to advancing Indian Country tourism all across the U.S. AIANTA is already accomplishing many of the goals set forth in the new law. Receiving widespread support from within Indian Country as well as the national tourism industry AIANTA has been taking strategic steps toward advocating for the immediate implementation of the NATIVE Act. In May AIANTA Executive Director Camille Ferguson testified on behalf of AIANTA before the Interior Environment and Related Agencies Appropriations Subcommittee in Washington. In her testimony Ferguson requested Department of the Interior funds in fiscal year 2018 to kick start the INDUSTRY REPORT TOURISM implementation of the NATIVE Act. Currently tourism is among the foremost opportunities for economic development in Indian Country. In rural and remote communities it is one of the only viable opportunities for household income growth Ferguson said during her testimony. Speaking to the members of the subcommittee many of whom co-sponsored the act in its early stages Ferguson continued You designed the NATIVE Act to bring federal resources to bear on the Nation s economic goals in tourism including tribal tourism. We have designed AIANTA to help facilitate tribal and federal agency collaboration organize tribal resources and build capacity to attract and satisfy travelers to Indian Country destinations. So together we are prepared and ready to accelerate economic progress in Indian Country and so are tribes. With support from AIANTA s board of directors Ferguson also has been championing implementation of the NATIVE Act all across the country. In fact the United States Travel Association National Congress of American Indians Rocky Mountain Tribal Leaders Council Southeast Tourism Society Western States Tourism Policy Council All Pueblo Council of Governors Alaska Federal of Natives Affiliated Tribes of Northwest Indians (ATNI) and many others have signed letters or resolutions of support advocating for the implementation of the NATIVE act with AIANTA as its facilitator. AIANTA is honored to receive the support of so many organizations in Indian Country and throughout the tourism industry who endorse AIANTA as the tribal facilitator of the NATIVE Act Ferguson said. This law once fully enacted will increase Native tourism and long-term economic prosperity in Indian Country. AIANTA is eager to begin collaborating with federal agencies to implement the law on behalf of tribes in tourism. The Spokane Tribe and Spokane Tribal Council sponsored ATNI s Resolution on behalf of AIANTA during the ATNI Winter Convention. I am proud to see my tribe support AIANTA and its tribal tourism efforts said Jamie Sijohn a member of the Spokane Tribe. We re excited to see the positive impacts of this legislation on our tribal economies in the Northwest and throughout the country. Sijohn is AIANTA s Pacific Region Board Representative and Tribal Strategist at BHW1 Advertising. Tribes tribal members and tourism entrepreneurs are encouraged to join in these important conversations about tourism in Indian Country implementation of the NATIVE Act and economic and community development throughout Native America by participating in the 19th annual American Indian Tourism Conference in Green Bay Wisconsin September 11-14. During this year s conference AIANTA is hosting focused breakout regional strategy forums to creRACHEL CROMER IS ate grow and enhance regional THE PUBLIC RELATIONS cultural tourism initiatives. All AND MEDIA SPECIALIST attendees are encouraged and AT AMERICAN welcome to join. INDIAN ALASKA Register for the AmerNATIVE TOURISM ican Indian Tourism ConASSOCIATION. CONTACT ference and learn more at HER AT RCROMER www.AITC2017.com. AIANTA.ORG www.tribalbusinessjournal.com AUGUST 2017 41 Don t Keep Turning Left A VIEW ON TRIBAL ECONOMIC DEVELOPMENT BY TANYA GIBBS often hear tribal leaders employees and citizens say that they just want to engage in regular ol economic development. I never really know what that is supposed to mean. But I have discovered that it usually involves somebody learning about an idea that is easy and going to make the tribe super rich. Unfortunately many of the so-called regular economic development ideas result in substantial tribal government investment without an equivalent return if any at all. And the next thing you know the tribe has a giant wind turbine next to the tribal government center that has no value to the community produces no jobs and is revenue neutral. Or you may own several shares of a race car that does nothing more than turn left during every race So how can you or your tribe avoid the common pitfalls of regular economic development First and foremost Recognize that your tribe is unique .It 42 AUGUST 2017 www.tribalbusinessjournal.com is certainly not regular. The unique characteristics of any tribe can often be used as a means for economic development. It could be the natural resources that exist within or adjacent to the tribe s lands which might allow for tourism and related developments. It could even be the tribe s lack of natural resources which spurs the need to engage in economic development through e-commerce. Whatever unique characteristic that exists use it to the tribe s advantage. Second What are the tribe s goals Once the uniqueness is defined and quantified but before an opportunity is identified it is important to know the tribe s goals. This will help identify opportunities to meet those goals. Goals will vary but might include increasing tribal citizen or community employment rates generating tax revenue for the tribe or generating income to provide for tribal programs and tribal citizen support services. INDUSTRY REPORT LAW With specific goals in mind you can better identify potential opportunities. Third Due diligence due diligence due diligence Many times this step gets missed in the quest for non-gaming economic development. When conducting due diligence on a business opportunity there are many things to consider investigate and evaluate. Here are a few Does the opportunity meet the goals of the tribe Is there a business partner involved If so a criminal and financial background check should be conducted. How much capital is required Where will it come from The tribe or other financing How many people are needed Are there enough tribal and community members in the area to meet staffing needs If not where might you find them Will the business operations be conducted on or off the reservation Does the type of business require it to be on the reservation If so is there sufficient tribal land to use Will the tribal government lease space for this business What is the expected return on the investment When can you reasonably expect to see that return What are the risks Do not be discouraged when opportunities fail your due dil- igence analysis. In fact more may fail during the process.. But that is OK because it means your due diligence process is a good one weeding out the opportunities that might not be a fit with the tribe. Eventually you will find the right fit and experience success that showcases your uniqueness and achieves your goals. Finally You made it The tribe is engaged in a business that leverages the tribe s uniqueness while meeting tribal-specific goals and has generated substantial net revenue. Broadening the scope of your economic development efforts to leverage the unique aspects of the tribe to achieve your goals are not uncommon--and should be the norm. We go to conferences and network with others to figure out how they became successful which is great--and we should keep doing it. But it is important to remember to take some of the nuggets and tools you learn from others in a way that leverages your tribe s TANYA GIBBS IS A SENIOR uniqueness. And sticking to just a few ASSOCIATE IN THE key principles can help you along your MICHIGAN OFFICE OF THE journey to the uncommon. ROSETTE LAW FIRM. Education today is your bow your arrows and your shield so keep learning. It is a pillar that makes a strong community. -Danielle Ta Sheena Finn Standing Rock Sioux 2016 Miss Indian World JD Candidate 17 Indian Legal Program Sandra Day O Connor College of Law Arizona State University Earn a JD JD MBA or a Masters of Legal Studies Certificate in Indian Law Indian Legal Clinic Rosette Tribal Economic Development Program National Conferences World Class Faculty Extensive Selection of Indian Law Classes Learn more at law.asu.edu ILP or ILP asu.edu www.tribalbusinessjournal.com AUGUST 2017 43 Many Open Questions WHAT S AHEAD FOR TRIBAL EMPLOYERS UNDER THE TRUMP ADMINISTRATION BY HOLLY M. ROBBINS & TESSA K. MLSNA any tribes are optimistic that a Republican White House will take a dual-sovereign approach to tribal issues and are interested in the potential for less federal bureaucracy and more autonomy to pursue economic development. Conversely President Donald Trump has sometimes had an antagonistic history toward Native American tribes and tribally-owned businesses. The Trump administration has been slow to nominate federal agency heads as more than 500 senior-level jobs remain 44 AUGUST 2017 www.tribalbusinessjournal.com vacant. President Trump s nominee for Secretary of the Department of Labor Alexander Acosta was confirmed in April. However as of press time for TBJ the president had not nominated any Department of Labor undersecretaries. Two of five National Labor Relations Board (NLRB) seats remain vacant. Secretary of the Interior Ryan Zinke who has many tribal leaders support has expressed frustration with the slow pace of filling Interior Department vacancies and confirming the Secretary of the Bureau of Indian Affairs. This has led to INDUSTRY REPORT LAW slow policy changes in Indian country and the employment realm. This gap in federal agency leadership also leaves some tribal employers speculating about President Trump s commitment to undoing labor and employment regulations from the Obama administration. Native American businesses should take notice of the Trump administration s approach to labor and employment issues. Some federal employment statutes such as Title VII and the Americans with Disabilities Act expressly exempt tribes from lawsuits. However federal circuits are split on whether laws of general applicability such as the Family and Medical Leave Act of 1993 Fair Labor Standards Act National Labor Relations Act and Occupational Safety and Health Act apply to tribes. President Trump s DOL will look to roll back Obama-era rules. Labor Secretary Acosta will face multiple issues requiring his immediate attention. Beyond addressing the regulatory issues Secretary Acosta must also manage a budget that under President Trump s proposed plan would see a 20 percent cut to DOL funding. Another item on President Trump s DOL agenda will be to address the overtime regulations which are currently subject to injunction that would have more than doubled the threshold salary level required to classify an individual as an exempt employee. President Trump s proposed budget also includes a policy proposal to fund the creation of a program guaranteeing six weeks paid family leave for new parents. The Occupational Safety and Health Administration (OSHA) a subpart of the DOL is expected to attempt to roll back Obama-era regulations on issues such as injury and illness recordkeeping silica-use levels and crane-operator certification all of which face possible delay or elimination under the Trump administration. NLRB UNDER TRUMP ADMINISTRATION President Trump appointed Philip Miscimarra as chairman of the NLRB. The board functions as a quasi-judicial body interpreting laws and carrying out litigation regarding unfair labor practices. Currently approximately 360 cases are pending for review before the NLRB. The board is made up of five people three from the administration s party and two from the other party. Two Republican vacancies remain and no candidates have been nominated for the openings. Until the Republican vacancies are filled the NLRB will likely continue on the same path it followed in the Obama administration. Once the board is filled it will likely reconsider a number of the Obama board s decisions and rules including those related to employee handbooks and the ambush election rules. President Trump s NLRB can be expected to revisit decisions over who is classified as an employee the definition of protected concerted activity the definition of appropriate bargaining units and perhaps most importantly for tribal employers the definition of joint employer. With a Republican-majority NLRB we anticipate a different approach to enforcement of subpoenas on tribally-owned businesses and perhaps a shift away from San Manuel more generally. In the San Manuel decision the NLRB said tribal entities that employ nontribal members in this case the San Manuel Indian Bingo and Casino lose their sovereignty exemption from the National Labor Relations Act. U.S. SUPREME COURT AND FEDERAL BENCH DURING TRUMP ADMINISTRATION Arguably President Trump s biggest achievement to date has been the appointment and confirmation of Supreme Court Justice Neil Gorsuch. Justice Gorsuch s presence on the Supreme Court likely will have important impact on tribal issues. Justice Gorsuch served on the United States Court of Appeals for the Tenth Circuit starting in 2006. The Tenth Circuit encompasses six Western states including the territory of 76 federally recognized Indian tribes. During his judicial career on the Tenth Circuit Justice Gorsuch handled numerous cases involving tribes and Indian people and largely supported tribal governments in clashes with state governments. Justice Gorsuch pointed to his past work on tribal and Indian cases during HOLLY M. ROBBINS IS A his confirmation hearings before the SHAREHOLDER AT LITTLER Senate Judiciary Committee prior to MENDELSON WHO his confirmation stating Tribes are FOCUSES ON LITIGATION as you know sovereign nations and our MATTERS INVOLVING constitutional order affords this body EMPLOYERS. considerable power in dealing with those sovereign nations by treaty and otherwise. If he continues to support Native Americans tribes and their businesses in this matter Native Americans may see positive consequences from the Trump presidency. Additionally President Trump has recently been making a wave of conservative judicial appointments to federal TESSA K. MLSNA IS appellate circuit and district courts. A AN ATTORNEY AND A more conservative federal bench may MEMBER OF THE FOND DU provide a receptive judicial audience LAC BAND OF OJIBWE IN on tribal sovereignty issues. NORTHERN MINNESOTA Missing the Point BY GARY DAVIS ONLY TRIBES ARE POSITIONED TO SERVE UNDER BANKED AMERICANS ew Charitable Trusts a nonprofit public policy organization recently surveyed more than 1 000 Americans on their thoughts of the small dollar loan industry. Those surveyed were asked about the current state of regulation within the small dollar loan industry the prospects of banks offering similar products and the effects of proposed federal rules on lenders. The Pew survey follows previous publications by the organization that highlights the experiences of borrowers and recommends policy changes. Unfortunately Pew s current effort falls short of the types of common sense pol- icy recommendations needed to help the entire small dollar loan industry become more responsible and sustainable for underserved Americans. In particular the Pew survey found that seven in 10 respondents would prefer banks offer small dollar amounts of credit around a 400 loan with a repayment period of around three months. Similarly 70 percent of those surveyed would look upon a bank more favorably if it offered similar small dollar credit products. Pew s survey methodology and conclusions are unfortunately disconnected from reality and only serve to complicate a financial sector already hampered by misinformation. Millions of consumers in the United States are forced to rely on alternative financial services precisely because of longstanding bank practices like redlining and credit rationing. Redlining occurs when banks intentionally charge higher rates or deny credit to low and middle-income borrow- FINANCIAL SERVICES ers. To understand its impact one needs only to look back to 2015 when the U.S. Department of Housing and Urban Development settled with a major bank in Wisconsin over the redlining of home mortgages to black and Hispanic residents. That bank now must finance more than 200 million in home loans in minority neighborhoods. Native Americans also are all too familiar with redlining. From 1992 to 1996 home mortgages available to Indians equaled only 5 million of the 785 billion distributed. Nearly 90 percent of the mortgages on Indian lands at that time came from two tribes despite the existence of mortgage guarantee programs for tribal citizens. Credit rationing is the practice by which a bank refuses to fulfill all of the credit needs of a borrower. A 2012 study by the Federal Reserve found that 15 percent of the U.S. population did not apply for credit due to the feeling that it would be denied and 33 percent of those that did apply were denied or offered less credit than requested. The Community Reinvestment Act of 1977 was supposed to expand credit by requiring banks to lend to underserved Americans but the law lacks an effective enforcement tool. Since 2009 93 percent of bank branch closures occurred in zip codes with a median income below the national average. Aside from decades of systemic racial and economic discrimination banks have little incentive to begin offering short-term loans when they already possess a more lucrative and less regulated product--overdraft coverage. Overdraft coverage functions almost identically to a small dollar loan wherein the bank pays for withdrawals a customer makes without sufficient funds in their account but avoids classification and regulation as a loan by asserting it is a service fee and insurance policy against overdrawing an account. In 2015 banks amassed more than 32 billion in overdraft fees. A study by the Consumer Financial Protection Bu- reau (CFPB) calculated that 75 percent of overdraft fees were attributable to only 8 percent of bank customers. The CFPB also found that the annual percentage rate for overdraft coverage can exceed 17 000 percent. As returns on loans continue to shrink overdraft and ATM fees are accounting for more and more bank revenues each year. Earlier this summer the American Bankers Association (ABA) issued a report in which it irresponsibly called upon regulators to ease financial rules and permit banks to unilaterally and unnecessarily raise credit card rates for consumers and limit ability to repay standards like the one found in a proposed small dollar rule by the CFPB. While the Pew survey shows an interest in banks joining the small dollar credit market it also expresses a desire by consumers to tighten loan regulations not eliminate them as proposed by the ABA. One demographic suspiciously absent from the Pew survey is the actual subset of underserved Americans that rely on small dollar loan products. Polling a segment of the American public that has never used a small dollar loan product or worried about having their bank account drop below zero is not an effective way to develop public policy in this industry. Tribal installment loans represent a more responsible loan product and one that seems to satisfy a vast majority of users while providing vital revenues for tribal services and economic development. A NAFSA study found satisfaction rates among borrowers of tribal installment loans greater than 90 percent. This was confirmed by testimony before Congress last year by the chairwoman of a geographically isolated tribe that found success in the lending industry. For her tribe s lending entities satisfaction rates neared 98 percent. When the state of Colorado studied short-term credit a few years ago it determined that loans with extended repayment schedules like those used for tribal in- stallment loans benefitted borrowers. Tribes are structuring loans in a way that garners customer praise. Tribal lenders are heavily regulated entities with strict controls on advertising payments operations and lending. Tribal lending entities (TLEs) adhere to almost 20 separate federal laws and extensive tribal lending regulations that reinforce and supplement federal efforts. Independent regulatory commissions provide consumers with a trustworthy venue to bring concerns and oversee compliance. The robust regulation desired by the majority of Americans surveyed by Pew exists in tribal lending. Banks have proven they are not the answer to the credit needs of millions of under banked and underserved Americans. These financial institutions historically ignored and actively buried opportunities for consumers to provide for their families purchase a home or start a business. As recent litigation and federal studies show bank practices of redlining and credit rationing are as rampant as ever. According to Pew consumers are demanding heightened regulation of financial services. The ABA is pursuing a policy of deregulation and a return to unconscionable credit fees. Yet banking overdraft coverage is poorly regulated and results in costs and high interest APRs exponentially worse than any loan offered by tribal installment lenders. Contrary to Pew s survey assertions tribal installment loans are the only product that offers strong federal and local regulation while deliv- GARY DAVIS ering a service with excep- (CHEROKEE) tional satisfaction rates. For IS EXECUTIVE the millions of Americans in DIRECTOR OF THE need of short term small dol- NATIVE AMERICAN lar loan products look no fur- FINANCIAL SERVICES ther than tribal lenders. Banks ASSOCIATION AND A aren t going to help you on MEMBER OF THE TBJ this one. ADVISORY BOARD. BUSINESS ETHICS M The slippery slope BY RANDALL SLIKKERS taken responsibility. He could have avoided going down the slippery slope of bad decisions. But it s called slippery for a reason. Once you slip it is very hard to stop. Situations like this can be exasperated by our tribal organizations. While we want clear policies that strictly crack down on illegal and unethical behavior we also want to foster a culture where employees managers and stakeholders understand that mistakes can be handled and remediated. If there is a fear that a simple mistake would cause job termination this might lead to someone covering it up rather than taking responsibility. In most cases more harm is caused by the mistake not being exposed and rectified. To prevent this Talk about it. Make it clear in conversations deeds and in written policy that you are willing to help resolve issues. Let your people know that you understand they are human and mistakes will be made. Make sure they understand that your policy is designed to manage problems while they are still small. Also communicate that your organization values personal integrity and that being able to admit and correct mistakes is a sure sign of integrity. Your employees will appreciate the respect and directness of such a policy. They will also appreciate the fact that the company is willing to provide them with support a sure sign of respect. In the long run everyone will benefit from avoiding RANDALL SLIKKERS the snowball effect of MBA IS THE EXECUTIVE bad decisions that start DIRECTOR OF THE small but grow as they CENTER FOR EXCELLENCE tumble down the slip- IN ASSISTED LIVING pery slope. (CEAL). ost people don t wake up and exclaim I m going to do something unethical today It is when something unexpected happens that can prompt people to make a quick decision compromising their integrity. I had an experience a few weeks ago that brought this point home. I am an avid triathlete and for the past 11 years have transported my tri-bicycle on the back of my car so I could train wherever I was. I put more than 400 000 miles driving with my bike secured on the back without an incident. Until recently. I was on a major highway when I heard a loud noise. I slowed down and as I did I watched my bike fly off the rack I quickly pulled over and jumped out of my car. As I was running towards my bike I was frantically pointing to warn oncoming traffic to change lanes so they would not hit my bike. I was almost to the bike when I noticed one vehicle was not changing lanes. I was jumping up and down trying to get the driver s attention but to no avail. Then that car ran over my (very expensive) tri-bike The driver suddenly looked up from his phone. I observed that he was texting while driving I motioned for him to pull over. Instead he just sped away. I don t think this gentleman woke up thinking he would damage my property and then flee the scene of the accident. In a mere matter of seconds he made several decisions of which were bad. He compounded his first mistake (texting and driving) by choosing to flee. There were also financial ramifications as now my insurance (with a high deductible I might add ) was responsible instead of his. He could have stopped as soon as he realized he had hit something. He could have 48 AUGUST 2017 www.tribalbusinessjournal.com COMMUNICATIONS Shifting sands present opportunity BY GLENN C. ZARING eeing opportunities and acting upon them is the sign of success anyplace you go. When the Europeans started looking to our continent they saw riches and wealth in what Indians accepted as part of their natural gifts from the Creator. Be it in the furs of our brother animals (beaver pelts) or the ashes of our revered trees (potash for European glass). We are taught that our Indian ancestors thought less of the Europeans because they just didn t go out and gather their own beaver pelts. They must be poorly talented folks who needed us to get their furs for them. Ha The truth was that we saw an opportunity to use resources that were part of our lives to enrich our people. We gathered the furs and the Europeans paid a lot for them. What are current opportunities that would benefit our people Look beyond grants. In the Great Lakes region for instance we are blessed with waters of such magnitude. From our water-carriers to our sacred ceremonies we know that this is a wonderful gift and we try very hard to protect it and to honor it. But what opportunities does it present One problem in the Great Lakes region is that our harbors both large and small must often be dredged to keep them open for navigation. Just recently I read an article about how federal authorities as well as state agencies were not going to be able to continue all their dredging services to keep these harbors open. That is causing alarm because without safe access boats and ships will not be able to cruise the waters. Boat owners really get upset when they cannot safely navigate to their docks. Ships delivering and picking up cargo must be able to safely access its ports. After all it s quite expensive (and somewhat embarrassing) to ground your freighter in the sand as you try to make port. This situation has a unique characteristic as well. The Great Lakes do not have the tidal changes that are occur in oceans so we cannot just wait for the tide to come in and float our boats off of the sandbars. When our boats get stuck we have to find a way out. Boats need to ply our waters harbors must constantly monitor the depth of the harbors and channels as the lakes move sand and lastly the dredging services are running out of money to do the job. What if the tribes plying the waters decided to set up a Great Lakes Dredging Company They could contract with the government to keep their harbors free of sand The Chippewa Ottawa Resource Authority (CORA) covers much of Michigan s waterways. Why couldn t the tribes that make up CORA come together to sponsor a dredging service Buy the equipment train tribal members and go get some contracts to do the work It would not be easy but we already have many tribal folks who ply the waters as commercial fishermen. The Creator keeps moving sand into the harbors so perhaps this a blessing for tribes to set up a sustainable business. The overall point is that when opportunities emerge we as tribal folks must be open to examine them. That means keeping your eyes open to the world around you. In technical terms this GLENN C. ZARING is called situational aware(CHEROKEE) IS THE ness. FORMER PUBLIC AFFAIRS The Creator sends us DIRECTOR OF THE LITTLE messages so do not be RIVER BAND OF OTTAWA afraid to look beyond emails INDIANS BASED IN and websites. The very MANISTEE MICHIGAN AND sands at your feet might be OWNER OF TRIBAL PUBLIC telling you something that AFFAIRS ADVISOR (TPA2). you need to know. HE MAY BE REACHED AT Miigwech until next PUBLICAFFAIRSADVISOR time... GMAIL.COM. www.tribalbusinessjournal.com AUGUST 2017 49 ORGANIZATIONAL DEVELOPMENT Nine Common Mistakes Made by Leaders By Donald Zillioux Ph.D. eadership is a concept and skill that is only partially understood by those who have been given the profound responsibility of leading others. It is easy to talk about the qualities of a good leader. Just mention Patton Jobs Roosevelt Kennedy or Buffett and murmurs of approval will fill the room. However if you read any of the biographies of these and other super leaders a good deal of the text will be devoted to mistakes each made on the way to their specific greatness. This article is devoted to a sample of the common mistakes made by leaders of all sorts. The most precious yet challening thing for a general manager CEO or any senior leader to obtain is a clear view of his world. People may wish to flatter him spare him unpleasantness or hide a failure of their own. Their intentions are not always disingenuous. PROFESSOR DON It s just that his power as a ZILLIOUX PH.D. IS GM tends to cause people to FOUNDER AND CHIEF distort their message by bendSCIENTIST AT STRATEGIC ing their words and actions to DEVELOPMENT earn favors. GMs who don t WORLDWIDE. THIS recognize this fact are doomed ARTICLE IS EXCERPTED to failure. FROM THE UPCOMING 1. LEADERS RULED BY FEAR BOOK THE FIELD-GUIDE ARE USUALLY THE MOST INFOR MANAGERS AND SECURE. These individuals SUPERVISORS. CONTACT believe their employees ZILLIOUX AT DONZ enjoy working for them SDWNET.COM. but they actually foster hate disgust and ineffectiveness. 2. EXCESSIVE PRESSURE ON EMPLOYEES COMBINED WITH A SINGLE-MINDED FOCUS TO MEET GOALS WILL OFTEN UNDERMINE INITIATIVE AND CREATIVITY. The overbearing behavior of a leader will inhibit openness and honesty. 3. BY SELECTING FOLLOWERS RATHER THAN POTENTIAL LEADERS THE LEADER OF AN ORGANIZATION a department or a team dramatically limits its potential for growth and its ability to recognize problems brewing. 4. MANY MISGUIDED LEADERS HAVE THE MENTALITY THAT IT IS THEIR ROLE AND DUTY TO CATCH PEOPLE DOING SOMETHING WRONG. Once this permeates the culture of an organization the employees become fearful. 5. IT S SIMPLY NOT GOOD PRACTICE FOR LEADERS TO SHOW WEAKNESS TO OTHERS. Celebrate publicly cry alone. 6. LIKE IT OR NOT A LEADER WILL BE JUDGED BASED ON WHO INFLUENCES HER WHO HE SPENDS TIME WITH AND WHOSE COUNSEL SHE SEEKS. New leaders get in trouble by creating a little inner-circle of advisors that nobody can penetrate. This inner circle often leads to group think and can substantially limit new ideas creativity and growth. 7. BE VERY CAREFUL NOT TO FALL INTO THE TRAP OF CRONYISM. Any leader who pushes his boys often causes morale problems within the ranks. Practicing cronyism also can hurt the very people you are trying to help especially if you push someone into a position before they are ready for the promotion. 8. THE HANDLING OF FLATTERERS AND BOOTLICKERS IS AN ISSUE RELATED TO CRONYISM. In all companies they are very skillful in pleasing the boss by bearing good news and stroking the boss s ego. They are always looking for ways to make the boss happy worrying about getting a lot of face time and serving their personal agendas. Watch out 9. LEADERS SHOULD AVOID BRINGING A SUBSTANTIAL NUMBER OF FORMER COLLEAGUES WITH THEM WHEN THEY MOVE TO A NEW POSITION. A leader who drags her team along is likely to undermine the morale of the new company. It also will be very difficult to develop good rapport with new associates and communication channels will be harder to establish. So where does all of this lead us to The obvious conclusion is that leaders are not born to greatness. leadership requires great thought the ability to adapt continual curiosity and humility. Leaders must educate themselves learn from their mistakes (anyone remember learning to ride a bike as a child ) involve their whole team and besides great curiosity they must be rock solid honest. SALES STRATEGIES Change for Progress FOUR TIPS THAT WILL HELP RELAY IT BY GRETA SCHULZ R ecently I was at a governmental affairs meeting. The discussion was about changes in the city transportation creating local clusters more biking opportunities and so forth. Some people at the meeting were part of the original committee that put this together. Of course they all were behind the ideas brought forth. But others were hearing some of these ideas for the first time and frankly most were pooh-poohing them. That s human nature. Opening yourself to new ideas--good or bad--is all a part of getting comfortable. Most people aren t totally comfortable with new ideas especially if they re radical ideas. What does this mean for leaders of tribal organizations and businesses Since the commonly cited definition of insanity entails doing something repeatedly and expecting different results how do we do something fresh and get our team on board with it Getting people to engage in ideas and conversation is one of the best ways to accomplish change. No one likes to be dictated to and being told that something will change--even though that s often our responsibility as leaders. Using brainstorming techniques to present an issue and allowing the group to share ideas and responses without judgment often will illicit new ideas as well as allow you to present yours successfully. Some ideas RELAY THE BACKSTORY Why are you looking to make this change Talk about the reasons for the change not how you want to do it just yet. When people understand the whys they tend to be more open to the hows. HAVE PATIENCE Leaders tend to rush to answers without allowing others to get there organically. Most leaders often are open to new innovative ideas but others aren t necessarily that way. Ask your people good questions to get them to open up talk about solutions and learn the whys of their ideas as well as opposed to just pushing yours. BE OPEN If you are open to other ideas and not stuck on your own often you will find a better one in front of you. Be open to that and don t assume yours is always the best. SUMMARIZE AND REVIEW That lets your people know they ve been heard. It is important to go into a brainstorming session with an idea as well as an open mind. Make sure everyone s participation counts. Review all ideas once they have been given. You will have more acceptance from your people when they feel part of the change process not ordered to implement it. REMEMBER Most people don t like change at least at the beginning. Approach it properly and you will have a better chance of having agreement rather than a mutiny. GRETA SCHULZ IS PRESIDENT OF SCHULZ BUSINESS A SALES CONSULTING AND TRAINING FIRM. SHE IS THE BEST-SELLING AUTHOR OF TO SELL IS NOT TO SELL AND WORKS WITH FORTUNE 1000 COMPANIES AND ENTREPRENEURS. FOR MORE INFORMATION OR FREE SALES TIPS GO TO SCHULZBUSINESS. COM AND SIGN UP FOR GRETANOMICS A WEEKLY VIDEO TIP SERIES OR EMAIL SALES QUESTIONS TO GRETA SCHULZBUSINESS.COM. MISTAKE Any Business Can Make BY SCOTT PRITCHETT Many tribes and tribal citizens have started businesses focusing on growth by exploring best practices and learning how to avoid costly mistakes. We did a Google search for the title of this article to see what was available. Do it yourself if you want-- we think you ll find the results very interesting. More than 2.3 million results were listed. And there were nearly as many opinions related to what that single biggest mistake might be. The first page of results featured articles about marketing mistakes for small businesses influencer marketing and a list of 55 Business Marketing Mistakes. Related searches included links to famous marketing mistakes as well as common marketing mistakes and marketing blunders 2016. But what about the single biggest mistake--the one thing never to do DOING NO MARKETING AT ALL. We might agree but doing nothing might be better than doing an expensive yet poorly crafted marketing campaign. Because the hard truth is that poor marketing can cost you customers 52 AUGUST 2017 www.tribalbusinessjournal.com The Single Biggest Marketing and have a negative effect. Doubtless you can come up with a couple of famous examples without having to think too hard. Let s look at the biggest mistake examples by industry. BIG MISTAKES IDENTIFIED One article from orderwizard.co a UK-based company that works with restaurant owners to bring new customers cites the fact that 60 percent of diners come once and are never seen again--and represent about 30 percent of typical restaurant sales. Meanwhile 5 percent of customers are loyal--and represent about the same amount of sales 30 percent. So the single biggest marketing mistake for a restaurant they say is always looking for new customers instead of focusing on building loyalty with existing customers. Think about this if you have a restaurant in a high-traffic area--like a casino for instance. You may believe that new customers will visit the establishment and this is true to a certain extent. But the degree to which you encourage loyal guests to return offers a much greater multiplier. Meanwhile another article advises that yoga Pilates or gym business owners can make their own single biggest marketing mistake by missing a vital step defining your brand. And the critical step to defining the brand is focusing on what the business offers as a value proposition--one that fills a need of customers that is not being well met by others. And still another article talks about the critical error of choosing the wrong URL for a company website. A URL should be an integral facet of branding says the article and the key is searching for a URL that is easy to read easy to print and easy to pronounce. Don t just rely on your so-called web person. Case studies were given of companies who had been forced to re-brand and or re-launch their digital presence because their chosen URLs had proven confusing. THE SINGLE BIGGEST MARKETING MISTAKE So basically there is no such thing as the single biggest mistake it is usually a compilation of elements that reveal critical components to the perception MARKETING CIRCLE Why should you advertise in TBJ or demise of a business. The build it and they will come mentality can be a serious mistake. With so many options to choose from consumers are in the power position. Even with a great value proposition they are constantly looking for something new with a determination of finding the value-added component with their purchase. There is great advice in these articles yet seemingly very different guidance for business marketing. But what do they all have in common We believe the commonality that was shared is a warning of what can happen when a business fails to look outward and consider their marketing decisions from the customer perspective. At Redline Media Group we feel the single biggest marketing mistake any business can make is failing to be customer oriented and not marketing. With the majority of tribal enterprises being established in rural areas the reinforcement of value proposition customer service standards and differentiating factors through effective marketing are essential to the long-term growth and success of your business enterprise. CUSTOMERS MUST ALWAYS BE CONSIDERED TOO The restaurant that tries to build a better marketing mousetrap to get new customers loses focus on super-serving the customers they already have. Good old-fashioned customer service and appreciation--including marketing to existing customers as well as prospecting new ones--will yield better benefits. The yoga Pilates studio or gym that fails to consider what customers really want and to accentuate those wants and desires in their marketing is making a crucial mistake. And a company that markets a URL because it was available or because the company owners like it without analyzing how customers will perceive it are also making a mistake--a big one. It s very easy for business owners to get into the But that s not the way we do business mentality. And that is certainly a business owner s right to do. After all it is your business. We recommend that you run every business decision you make through the customer filter How will this affect our customers What will customers find attractive about this Why will a customer care that we do this Keep your business marketing ori- SCOTT PRITCHETT IS entation true and much like a compass BUSINESS DEVELOPMENT guiding you towards the path you need MANAGER AT REDLINE to take to get where you re going cus- MEDIA GROUP A tomer-orientation will lead you to not FULL-SERVICE NATIVE only terrific word of mouth but also AMERICAN WOMANgrowth expansion and achievement of OWNED ADVERTISING your business goals. AGENCY IN SOUTH Happy marketing FLORIDA. Since its inception TBJ has provided Rosette LLP a perfect opportunity to partner with advertising and editorial which assists us to be the premiere Law Firm in Indian Country and to provide valuable information to the community we serve. Karrie Wichtman Managing Partner Rosette LLP 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 Next Question For more information call Sandy Lechner 954-465-9889 slechner tribalbusinessjournal.com www.tribalbusinessjournal.com AUGUST 2017 53 PEOPLE PASSION AND PROFITS WHEN I WAS 5 YEARS OLD MY MOTHER ALWAYS TOLD ME THAT HAPPINESS WAS THE KEY TO LIFE. WHEN I WENT TO SCHOOL THEY ASKED ME WHAT I WANT TO BE WHEN I GREW UP. I WROTE DOWN HAPPY. THEY TOLD ME I DIDN T UNDERSTAND THE ASSIGNMENT AND I TOLD THEM THEY DIDN T UNDERSTAND LIFE. -- Attributed (apocryphally) to musician John Lennon I STEPHEN GARBER IS DIRECTOR OF THIRD LEVEL LTD. CONTACT HIM AT 561.752.5505 OR SGARBER THIRDLEVEL.COM. Business at the Speed of Happiness KEEPING YOUR BEST TALENT IN OUR COMPETITIVE MARKETPLACE BY STEPHEN GARBER n most of our businesses and organizations our model our unique selling proposition our service or our technology is not our differentiator. It s the quality of our people and how they relate and communicate with each other and the world around them--our stakeholders and our customers--that determines our success. Attracting and keeping great people is the pathway to sustainable success. And it s a very challenging market out there for notable talent including in Indian Country. Management as a concept often seems complicated sophisticated and even obtuse. Leadership is even more esoteric and harder to qualify and quantify. They re both about understanding human motivation and what makes people happy. As Abraham Maslow taught us in his 1943 hierarchy of needs once our basic needs (wellness and safety) are met it s the higher needs of love esteem and growth that keep us motivated--and happy. Assuming your people are healthy--and working in a healthy environment--and they re receiving a fair compensation for their contribution to your organization s success creating an environment of likeable and happy is the best way to keep your best people engaged and loyal. The Association of Accounting Technicians in the United Kingdom did research that was absolute in its result Good colleagues beat high pay Eight in 10 workers would turn down a higher salary if it meant working with people they didn t like. Happy people make delighted customers which make happy shareholders. They re all people. When you look deeply into Apple Google Zappos and other hugely successful standout companies you ll find they nearly all have something in common that helps separate them and keep them soaring. From the bottom to the top of the organization their people Are passionately engaged advocates for their business. Understand what the business strategy is and their part in delivering it. Go above and beyond what they re paid to do. Have an emotional engagement with the business the product and with their client or customer. They are happy where--and with whom--they work. This is what separates the mundane from the good. And more important the good from the great. On the flip side the cost of having a disengaged culture is huge--probably a lot larger than you realize. Factoring absenteeism low morale poor customer service lost sales lost long-term customers ... the costs of unhappy people are obvious. The most important business and leadership objective for sustaining growth is to attract retain and grow great people--and keep them happy. Are you happy at work Do you help others be happy It is the direct path to so many rewards in business and life. 54 AUGUST 2017 www.tribalbusinessjournal.com FEDERAL PROCUREMENT CAPTURE PLANNING Who s on the Bench BY ADOLFO VASQUEZ s we continue our series on developing a capture planning process we can move to step two Build and resource the capture team. Team building is very basic but we all have different approaches that are will play into our solicitation. In federal procurement teaming prime contractors must demonstrate that their team has proven success consistency reliability focus experience responsibility resourcefulness and financial stability matches well with other players. This will be reflected in your response to proposals when you align each team player with their responsibility and role in the proposal. The rules are very specific on how your team must be documented and identified in the proposal. This teaming arrangement is not a joint venture or mentor-prot g team. This is the third type of teaming arrangement identified in FAR 52.206-6 that once was the widely used but has since been less favored by small businesses. The author s opinion is the wave of the future is in federal procurement. With the enactment of the National Defense Appropriations Act and the similarly situated advantages to small business teaming this is a no brainer. To reemphasize this third teaming method a statement that the teaming arrangement is (1) a prime and subcontractor relationship that (2) written agreements exist among team players and (3) that each subcontractor s tasks are identified and accepted must be clearly stated in the proposal transmittal letter the executive summary and or included in the technical portion of the proposal. If this is not clear the proposal is non-compliant. So how does one go about identifying the team First of all I have yet to meet any business that does not have informal teaming partners already. If you run a food service your teaming partners include your suppliers markets farmers bank and your garbage haulers. Construction businesses have a multitude of subcontractors they rely on. However without written agreements among team players before the contract is solicited the response is non-compliant. Typically when a contract is solicited the players are identified and submit a bid to the prime for their part in the solicitation. Responses fall short when they aren t clear on how long the players have known each other how many contracts have they worked on together and how successful have they been in their own businesses. This creates concern and questions with the contracting officer s team which usually results in a non-compliant proposal. So how do we make these team players formal The answer is simple by exercising and implementing teaming agreements with all of your current subs. This does not create a commitment to a particular contract but acknowledges that the prime and potential sub have met identified their needs standards ethics anbd expectations. Once a contract solicitation is identified the team player will be called out of the dugout and then specific tasks responsibilities and costs will be required. The teaming agreement should have an addendum with the specific scope of work and costs affiliated with the effort required and the agreement should be legally binding to all parties and identified in the proposal. Once awarded the contract that legally binding agreement with addendum can be adjusted as LT. COL. ADOLFO VASQUEZ per the now awarded contract U.S. ARMY RETIRED and the teaming agreement IS A PROCUREMENT converts to a binding subconTECHNICAL ADVISOR tract. FOR THE NATIONAL For details on how to put CENTER FOR AMERICAN a registered reliable and re- INDIAN ENTERPRISE sponsible dugout together DEVELOPMENT visit the National Center s PROCUREMENT PTAC or visit your local TECHNICAL ASSISTANCE PTAC. CENTER (NCAIED PTAC). TALENT AND LEADERSHIP Winning Top Talent Four Keys to Success from the Experts BY MATT SHORE n today s competitive job market simply making someone an offer hardly guarantees the person will take it. A tribe company or organization needs to inspire prospective candidates from the initial interaction through the offer. This is necessary for all employers because candidates with high-demand skillsets typically have their pick of competitive offers. It is not uncommon even for desirable companies to have an attractive opportunity turned down multiple times which ultimately costs the company both time and money. Given these realities consider these keys to success from the experts at the talent search and interim resources firm StevenDouglas HAVE A SOLID GAME PLAN It s important to develop a strategy when beginning your search for an important hire. If you fail to plan you plan to fail. Foremost you need to make sure there is internal alignment on the position reporting structure title responsibilities experience required which employees MATT SHORE IS will be part of the interview PRESIDENT OF and hiring process and the STEVENDOUGLAS potential growth path of the WHICH HELPS CLIENTS role. FIND TOP TALENT AND Invest time to develop a CANDIDATES FIND well-thought job description NEW OPPORTUNITIES. and have it reviewed by all CONTACT HIM stakeholders to assure that AT 954.385.8595 they are in agreement. This OR MSHORE document will help alleviate STEVENDOUGLAS.COM. miscommunication with candidates on expectations and also serves as an excellent source of accountability once they are on your team. DILIGENCE AND MARKET ALIGNMENT Employers often miss out on top talent simply by not understanding current market factors. After achieving alignment on the role make sure your company is in line with the market and that you have budgeted the appropriate compensation package. You can save time by knowing what it takes to attract top talent and focusing your process on candidates you can afford. Great candidates want great offers. The surest way to have an offer rejected is to lowball a candidate. RUN AN INSPIRING INTERVIEW PROCESS Everyone can agree the process should determine whether candidates are qualified to do the job and have the DNA to be successful with the company. What employers sometimes lose sight of is the chance to leverage the process to inspire the prospect about the company culture and opportunity. Candidates go to interviews knowing they have only one chance to make a good first impression. Companies and other organizations have only one chance too. Treating candidates unprofessionally -- such as having them wait in the lobby for lengthy times or rescheduling several times -- will leave a poor impression. Companies can also leave candidates uninspired if they have the wrong people doing the interviews. Interviewers not only should have questions for the candidate but they also should leave time to sell the organization and opportunity to the prospect. Your interview team should be enthusiastic and able to communicate what a great organization this is to work for. The interview process is a two-way street and you want a candidate to leave with excitement. Even if you decide not to pursue them treat them with respect and make sure someone closes the loop with them by thanking them for their investment of time. If you do these things you will have made a fan who will have great things to say about the company. ACT WITH URGENCY There s a saying that time kills all deals. If a candidate is interviewing with your organization he or she is likely interviewing with others. The best candidates are getting multiple offers simultaneously. It s important to capitalize on the momentum created during the interview process and a decisive job offer is the best indicator of how committed you are to have this person join the team. If you wait too long you run the risk of losing the candidate to another company. If you know what you are looking for and you find that person act with urgency make a great offer and close the deal. Hopefully you re already using these strategies in your search for talent. If not they re the keys to success moving forward. WEALTH E Can Amazon Succeed in Grocery BY TIMOTHY GREEN -commerce giant Amazon. com (NASDAQ AMZN) has only dabbled with physical stores. A handful of bookstores and its Amazon Go cashier-less conveniencestore concept are the extent of the company s physical retail presence. The 13.7 billion acquisition of Whole Foods (NASDAQ WFM) expected to close during the second half of the year will plunge Amazon into the world of brickand-mortar grocery. The U.S. grocery industry accounts for around 800 billion of spending each year with the average consumer spending about 5.5 percent of their disposable personal income on food consumed at home. Amazon already ships nonperishable grocery items via its website but success with fresh foods like meat and produce has eluded it so far. Amazon Fresh its fledgling grocery delivery service has failed to truly take off. According to Bloomberg Amazon plans to cut prices at Whole Foods in order to get rid of its Whole Paycheck reputation. Job cuts inventory changes and automation are reportedly on the table. However margins in the grocery business are razor-thin and the industry is ultra-competitive. Kroger (NYSE KR) the second largest grocery chain behind Wal-Mart (NYSE WMT) managed an operating margin of just 3 percent in 2016. And that was a good year. The company s operating margin has been as low as 1.4 percent in the past decade. Amazon enters the industry at a time when competition is more intense than it has been in quite some time. Walmart and other discounters have been aggressively slashing prices to win share creating food price deflation typically not seen outside of recessions. Kroger issued a profit warning earlier this month cutting its guidance for 2017 due to falling food prices. Aldi and Lidl two German chains known for low prices are also planning major expansions in the U.S. Amazon will undoubtedly aim to use technology to lower costs at Whole Foods and it will likely use the stores to launch grocery delivery and pickup services. But grocery is not an industry that has been asleep at the wheel. Walmart has been pushing its own online grocery service for years now offering free curbside pickup at 700 locations with plans to reach 1 000 locations by the end of the year. Kroger also offers online grocery ordering and pickup at hundreds of locations. Can Amazon succeed in grocery turning Whole Foods into a mainstream supermarket that can compete on price Sure. The company has been willing to lose money in order to grow in the past and it has the capability to be extremely aggressive. But those who believe that Amazon will simply roll over rivals and become a grocery leader in short order are overly optimistic. Amazon first needs to figure out how to run stores then it needs to figure out how to undercut brutally efficient rivals. Those rivals won t be sitting on their hands likely matching Amazon blow for blow. This is all great for consumers. Whether it s great for Amazon investors is another matter. Disclosure John Mackey CEO of Whole Foods Market is a member of The Motley Fool s board of directors. Timothy Green owns shares of Best Buy. The Motley Fool owns shares of and recommends Amazon and Whole Foods Market. The Motley Fool has a disclosure policy. This stock could be like buying Amazon in 1997. Imagine if you had bought Amazon in 1997... a 5 000 investment then would be worth almost 1 million today. You can t go back and buy Amazon 20 years ago... but we ve uncovered what our analysts think is the next-best thing A special stock with mind-boggling growth potential. Read more at https goo.gl LBA3wy www.tribalbusinessjournal.com AUGUST 2017 57 TAKING STOCK ear TG As promised in my most recent column here are my thoughts on Dycom Industries. Dycom (DY 90.19) headquartered in Palm Beach Gardens is a good conservative long-term investment. In late 2008 I bought 1 000 shares of Dycom at 5.05 as a speculation based on information from a reliable source. According to an important executive I knew in the telecommunications industry the stock was supposed to double in price within the following two weeks. It didn t So I sold it for a 1 125 loss in early2009. But a fortnight after that it was trading at 12. Great Scott If I had continued to hold the stock those 1 000 shares of Dycom would be worth 90 190 today. That s how the cookie crumbles. I don t have inside information but I m convinced that DY with only 31 million shares outstanding has the potential to double its share price in the coming four to five years. DY may be a classy way to participate in the rebuilding of the United PLEASE ADDRESS YOUR States infrastructure. The FINANCIAL QUESTIONS TO company operates three distinct MALCOLM BERKO P BOX .O. businesses 8303 LARGO FL 33775 OR 1) Telecommunications EMAIL HIM AT MJBERKO services involved in the YAHOO.COM D Dycom Is a Can t-Miss Stock BY MALCOM BERKO engineering installation and maintenance of communications networks. This includes installation and maintenance of towers power lines antennas coaxial cables and client equipment. 2) Underground services dealing with the location and mapping of underground utility installations for telephone cable power water sewer and gas lines. 3) Electrical handling the design sale and installation of power grids for electric and gas utilities. Even though DY has grown about twentyfold in the past eight years the nearly exponentially growing need for telecommunications infrastructure and network bandwidth suggests that DY could be a 200-plus stock by 2022. There are many who agree. DY continues to face hugely growing demand for larger and more efficient wireline networks from Verizon AT&T Frontier Comcast CenturyLink and others. Most carriers and networks are determined to offer higher speeds and greater-capacity networks in the future. And because outsourcing by the carriers and cable networks continues to expand to meet the increasing demand I m comfortable suggesting that DY s future revenues and earnings will be impressive. Video over the internet is constantly driving usage and demand for faster broadband connections and more bandwidth. On the other side of the fence many electric and gas utilities are experiencing sluggish growth however their capital budgets are near record highs. Some 80 percent of this spending is related to the strengthening and expansion of the power grid and DY is Johnny on the spot replacing parts and equipment that are 20 to 30 years old. This is all part of DY s continuing business in the years to come. DY s revenues could grow from 30 billion to 45 billion by 2022 while earnings could double from an expected 5.45 a share this year to 11. And some DY aficionados believe that profit margins could improve to 7.2 percent by 2022 from 5.4 percent and that the book value could double to 40 with zero increase in debt. However I don t think DY s board will consider a cash dividend. That notwithstanding the urgent need for new bandwidth and the compelling need to improve and protect our power grid suggest that owning Dycom should be a smart investment for a five-year hold. Thomson Reuters Market Edge UBS Zacks Bank of America and Value Line seem to agree. And managers of mutual funds at Vanguard Fidelity BlackRock and Federated which together own about 80 percent of DY s float have added their imprimatur. LAST LOOK White Bear a contemporary kachina figure made from cottonwood and acrylic paints 17 x 7 x 7 R Hopi Way of Life BY ANDREA RICHARD garde stance standing on a stump. This piece accompanies the artist s Black Ogre and was made for Hopi Soyoko ceremonies. Together the dolls offer entertainment and teach children about responsibility. White Ogre features a clacking mouth a detailed headdress and decorated sash. Allison has won awards for his work and has shown at the Heard Museum in Phoenix home to a Hopi kachina collection. He is from Phoenix and was born into the Reed Clan. www.tribalbusinessjournal.com AUGUST 2017 59 obert Allison (Hopi Gila River) explores the spiritual world from the Hopi tradition through his sculpture-making. He carves his kachina dolls from cottonwood and uses acrylic paints to add depth and life to the figures. Kachina doll-making is a Hopi tradition which can be given to children during ceremonies. Allison works in a contemporary style. For instance his White Ogre kachina doll which is available to purchase off Alltribes.com portrays a fierce-looking figure holding a saw and bow. He s in an en 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 1 415-321-3300 carbon newforests-us.com forestcarbonpartners.com