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OCTOBER 2017 7.95 NAFOA S BOARD NATIVE WOMEN LEADERSHIP MAKES AN IMPACT 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 2 OCTOBER 2017 www.tribalbusinessjournal.com Protecting the Sustainability of YOUR Sovereign Nation CKP INSURANCE MANAGES RISKS... SO YOU CAN MANAGE EVERYTHING ELSE. SIGN UP BEFORE THE NOV. 15TH DEADLINE Protect Your PRF (Pasture Rangeland Forage) Our trusted risk advisors are trained to help you understand and analyze complicated insurance data so you can make the most informed decision for your tribe. Our goal is to ensure you never purchase unnecessary coverage and pay more than you need. Protect your land and livelihood against potential losses during times of drought. Why now Very affordable Government subsidized Premiums are not due until October 1 No adjusters needed No record-keeping Protects your cash flow Anyone can sell you a policy. 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.com3 www.tribalbusinessjournal.com OCTOBER 2017 TABLE OF CONTENTS OCTOBER 2017 VOL.2 NO.10 18 NAFOA board is ready to surge ahead Cover Story Upfront 6 8 14 Publisher s Letter Editor s Letter Guest column Robert J. Miller Industry Reports 38 44 Financial Services Let s put tribes first Insurance Customized protection News Features 16 30 32 36 40 42 In the News Artist gives new life to fallen saguaro Intra-Tribal Conflict Part 2 Navajo the future is now IHS deserves scrutiny Trade Association Partners TribalNet Advice 48 Business Ethics The leadership circle Native Scene 52 Santa Fe Indian Market Calendar 53 Upcoming events Special Report Alaska 22 Sunrise over the Bering Strait 4 OCTOBER 2017 www.tribalbusinessjournal.com Culinary agricultural tourism are hot Why LLCs are growing in popularity Sealaska s cultural heritage 26 28 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 OCTOBER 2017 5 PUBLISHER S LETTER TBJ strives to succeed in tough media world W Greetings Publisher Sandy Lechner speaking at RES e are thrilled to highlight a very exciting event in Indian Country and five very powerful and deserving women. On the cover of this issue of TBJ we focus on the first and only all-female board of directors for a national Indian Country professional association. We are proud to shine a spotlight on diversity and progress in Indian Country. At the same time that we celebrate new and exciting progress in Indian Country we would like to express our sincere concern and sorrow over the suspension of business of Indian Country Today Media Network. ICTMN had a rich tradition and history of publishing high-quality print and digital publications that represented the best of art culture history and happenings in Indian Country. The ownership and staff of ICTMN invested heavily and worked hard to provide Indian Country with important information for many years. We at TBJ appreciate the foundation ICTMN laid. As many of you know TBJ is part of a significant magazine publishing company. We publish 13 magazines have a very large and active digital footprint coordinate and deliver more than 30 major regional events annually and we are constantly looking at innovative ways to grow and expand our media network. Additionally our company is profitable and poised for long-term success and growth. We will look at ways to fill the void left by ICTMN in a world-class responsible and profitable way that enhances Indian Country. As we are in Indian Country Conference Season please look for TBJ and our team at NAFOA NCIA NIGA AESIS NIEA TribalNet G2E ANF and other Indian Country business and economic development conferences. We continue to be a proud partner with these organizations that share our vision of progressive and sustainable economic development and financial independence and stability for all of Indian Country. Don t forget to get your listings in our new Tribal Professional Directory Indian Country s only comprehensive digital and print reference guide for professionals working in Indian Country. Not only is this directory available online but it will also be a printed annual reference guide. Ask your TBJ representative how to get your listing today. We welcome your thoughts and opinions so please call or email us look for us at conferences and let us know what you think about TBJ. With Warm Regards. Sandy Lechner Publisher Sandy Lechner may be reached at slechner tribalbusinessjournal.com or 954.377.9691. 6 OCTOBER 2017 www.tribalbusinessjournal.com www.tribalbusinessjournal.com OCTOBER 2017 7 EDITOR S LETTER Economic Leakage Keeps Reservations Behind eeping cash flow going is a goal of nearly every successful business and community. Within Indian County keeping cash flowing internally can be problematic--especially when there are few businesses to support the basic needs of tribal residents of a reservation. For instance the Navajo Indian Reservation--with a land mass comparable to the whole state of West Virginia--has only 13 grocery stores. Most of the stores are trading posts with high prices where milk can be purchased in some cases for 6 for a gallon. That explains why on any given moment you can walk into the Walmart in the neighboring border town Gallup New Mexico and see many Navajo Indian Reservation residents shopping where the supply meets the demand. The Walmart in Gallup has the distinction of being the largest Walmart on the planet in terms of dollar sales per square foot. The second largest Walmart is known as CrowMart outside the Crow Indian Reservation in Billings Montana. The process of cash leaving Indian reservations is known as economic leakage. Money comes in and leaves as fast as it comes into tribal citizens bank accounts or debit cards. No wonder Indian reservations remain as some of the poorest areas in the United States. Many Indian reservations rival third-world living conditions with no running water or electricity. And if there is no electricity there certainly is no broadband. One has to ask how can an American Indian student without an internet connection can possibly compete for an education with children with access to modern technology. Economic leakage is just one of several important topics examined by Gavin Clarkson the Deputy Assistant Secretary for Policy and Economic Development at the U.S. Department of the Interior Indian Affairs. In American Indian Business Principles and Practices Clarkson is among several American Indian business scholars who contributed to this recently released book that should be on every tribal leader s reading list. I read it this summer and it is staying with me as a huge reminder of the importance of getting informative and practical material out about sound business practices especially to our Tribal Business Journal readers. Within Indian Country tribal leaders sometimes face complex situations because the federal government has not always made it easy for American Indian tribes to conduct business. Thankfully Indian Country has strong national organizations that deal with the complexities of doing business in Indian Country such as the Native American Financial Officers Association. During the last election of board of directors the organization elected an all-women board. The election results were not intentional. However the board is full of capable women who know how sound financial practices should be conducted in Indian Country. While concerns remain about cash flow in Indian Country it is good to know that so many people are striving to improve the status quo. Tribal Business Journal is proud to be part of the fix. 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 OCTOBER 2017 www.tribalbusinessjournal.com www.tribalbusinessjournal.com OCTOBER 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) Rebecca Torres rtorres tribalbusinessjournal.com Craig Waldman cwaldman tribalbusinessjournal.com 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 OCTOBER 2017 www.tribalbusinessjournal.com www.tribalbusinessjournal.com OCTOBER 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 OCTOBER 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 OCTOBER 2017 13 Economic Development for the BY ROBERTJ. MILLER conomic development is a crucial topic in American Indian affairs. Indians are the poorest people in America and have the highest percentage of families living below the poverty line per capita for any ethnic or racial group. While economic development in Indian Country is a frequent topic 99 percent of the discussion concerns government owned and operated businesses. But tribal leaders Indians and reservation communities need to focus on the potential of private sector economies. These businesses have the potential to revitalize and sustain tribal communities for that Seventh Generation the great great great great great grandchildren that tribal cultures always consider when making major decisions. We need to put that same kind of forward-thinking analysis into planning and creating sustainable economies in Indian Country. Today almost none of the 300 reservations in the lower 48 states have public and private sector economies in which residents can be employed spend money and find adequate housing. Instead Indians have to travel to distant cities to find banks businesses higher education and livable wage jobs. One Navajo Nation official estimated that 80 cents of every dollar Navajos receive leave the reservation immediately and studies demonstrate the same problem occurs on other reservations. This situation is a disaster for building reservation economies. The situation is also a major factor in perpetuating the extreme poverty unemployment and accompanying social issues that Indian nations face. Indian nations and tribal communities need to find solutions to these issues. Seventh Generation KEEPING DOLLARS IN INDIAN COUNTRY Reservations rapidly lose the money that residents receive because of the absence of a variety of privately-owned businesses. This leads to an enormous loss of economic activity and employment. Economists define this situation as leakage when money leaves a community and an economy sooner than is optimal. Ideally money should circulate five to seven times within a city county or state before it leaks away. The only solution to this problem seems to be for tribal governments and communities to establish a sufficient number of privately and tribally-owned businesses that can capture the benefits of the consumerism of reservation residents and visitors. The importance of having a critical mass of small businesses on reservations is demonstrated by other economic principles. First every reservation resident has a certain level of disposable income. Even the poorest person has some money to spend. Obviously if reservation residents would spend most of their income on reservations that would help boost economic activity and the development of even more businesses and jobs. The second relevant principle is the multiplier effect. This phrase defines the situation where every dollar that is spent by one person ends up as profit and salary in the hands of another person whether it is the business owner an employee or supplier of that business. This person will then spend that one dollar passing it onto others who will also spend it. In this circular fashion one dollar multiplies throughout an economy and becomes pay profit and ROBERT J. MILLER (EASTERN SHAWNEE) IS A PROFESSOR AT THE SANDRA DAY O CONNOR COLLEGE OF LAW ARIZONA STATE UNIVERSITY FACULTY DIRECTOR OF THE ROSETTE LLP AMERICAN INDIAN ECONOMIC DEVELOPMENT PROGRAM JUSTICE ON THE GRAND RONDE TRIBE COURT OF APPEALS AND ON THE NAVAJO NATION COUNCIL OF ECONOMIC ADVISORS. HE IS THE AUTHOR OF RESERVATION CAPITALISM ECONOMIC DEVELOPMENT IN INDIAN COUNTRY (2012). 14 OCTOBER 2017 www.tribalbusinessjournal.com GUEST COLUMN spending money for an ever-greater number of people as long as that dollar stays in the local economy. The only way to keep dollars on reservations so as to benefit from the multiplier effect is to create opportunities for reservation residents and visitors to spend money at local businesses. DEVELOPING BUSINESSES ON RESERVATION Governments play a crucial role in creating economies that attract investors and in developing private free market systems. Governments protect the public interest ensure fair competition maintain law and order and create laws and judicial systems that enforce contracts and property rights. However many tribal governments have not yet enacted the kinds of laws and commercial codes that businesses and banks need before they can operate on reservations. Tribal governments need to adopt these laws and create competent court systems and bureaucracies. Tribal nations can help remedy some of the reasons for the abysmal rate of Indian owned private businesses. For example the vast majority of privately-owned businesses in the United States are started using family savings bank loans or by borrowing money against home equity. But most American Indians lack access to these avenues due to historic poverty and unemployment rates and a nearly non-existent private housing market on reservations. Consequently seed money provided by tribal state federal and private loan funds is critical to alleviate this issue. Tribal economic development departments should also mentor and train entrepreneurs and help them start businesses. A few organizations already provide these services. In 1992 four Indian nations created the non-profit Oregon Native American Business and Entrepreneurial Network to train individual Indians to draft business plans acquire financing and operate their businesses. In 2000 the Four Bands Community Fund was created on the Cheyenne River Sioux Indian Reservation to focus on entrepreneurship and financial literacy. This entity has had a significant beneficial impact on that reservation and is now also working with the other Indian nations in South Dakota. And the Lakota Funds was created in 1986 on the Pine Ridge Reservation and has played a major role in assisting economic development there and on the Rosebud Sioux reservations. In conclusion when there are a sufficient number of tribally and privately-owned businesses operating on reservations functioning economies can develop from the effects of money circulating and re-circulating between reservation consumers businesses visitors and employees. This is a laudable goal because functioning economies will assist Native communities reservations and cultures to be even more sustainable and viable and will best serve the Seventh Generation. www.tribalbusinessjournal.com OCTOBER 2017 15 IN THE NEWS The combined global capabilities of the two firms will allow for better client service through intimate knowledge of these specialized markets. Indian gaming will be presenting in Las Vegas at G2E 2017 the largest gaming trade show in the country. The annual event is hosted by the American Gaming Association (AGA). The Oct. 5 session Tribal Gaming s Economic Impact on The U.S. Economy will feature an in-depth conversation with Meister and Victor Rocha National Indian Gaming Association conference chair. Meister will share groundbreaking research that quantifies the impact of tribal gaming on U.S. and state economies. This research will help provide the most comprehensive picture to date of the economic impact of the casino gaming industry and the ways tribal and commercial gaming collaboratively contribute to U.S. and state economies Meister says. KALISPEL TRIBE PLANS PROJECTS The Kalispel Tribe of Indians is planning an apartment complex large RV park with cottages a theater complex and adding 50 000 square feet to the Northern Quest Resort and Casino Indian Country Today reported. MEDIA NETWORK SUSPENDS OPERATIONS Rjay Brunkow SUNRISE BANKS INDIAN LAND CAPITAL TEAM Sunrise Banks based in St. Paul Minn. has invested 900 000 with Indian Land Capital Co. which provides financing for Native American tribes to acquire develop and secure tribal land for economic development and cultural preservation. Sunrise Banks is a great community partner and we are pleased that they believe in the future of Indian Country as much as we do says Rjay Brunkow CEO of ILCC a Native-owned and operated business. Their investment will be part of our lending pool that enables Native nations to purchase land and develop their economies. Indian Country Today Media Network publisher of Indian Country magazine and IndianCountryMedia Network.com is taking a hiatus to consider alternative business models. New website posts magazines and books will cease publishing although the existing website will remain up through Jan. 31. The network has been operating at an enormous--and unsustainable--financial loss says Publisher Ray Halbritter. Carol Cypress and Virginia Tommie sing traditional songs that were also sung at the opening of the museum in 1997 AH-TAH-THI-KI MUSEUM TURNS 20 The Seminole Tribe of Florida s Ah-Tah-ThiKi Museum celebrated its 20th Anniversary in August. The museum whose name means a place to learn and a place to remember is on a 66acre Everglades cypress dome on the Big Cypress Reservation. It offers more than 5 000 square feet of gallery space of exhibits. In 2009 it became the first tribally governed museum to be accredited by the American Alliance of Museums. 10 MILLION GIFT HAS NATIVE FOCUS A Native American Center of Excellence will be started at the University of Minnesota Medical School s Duluth campus as the result of a 10 million gift from an anonymous donor TwinCities. com reports. Native American health and science will be a focus of the center and adds to an existing effort to recruit and train Native American medical students. FINANCIAL HELP FOR TRIBES Investment bank Blackhill Partners of Dallas has launched a joint venture with TFA Capital Partners of El Segundo Calif. to provide tribal clients advice on restructuring recapitalizations and energy financings. Alan Meister GAMING GURU TO PRESENT Alan Meister Ph.D. a principal economist at Nathan Associates and a leader in the economic analysis of 16 OCTOBER 2017 www.tribalbusinessjournal.com The leading developer of Native American forest carbon projects for the California carbon market. Forest Carbon Partners has successfully registered the most forest carbon offset projects to date on tribal trust and fee land for the California carbon market. CONTACT US TribalGovernmentandEnterprisePrograms StacyA.Sullivan CIC ACSR TribalSpecialist AccountExecutive Email Stacy JohnSullivanInsurance.com 1 415-321-3300 carbon newforests-us.com forestcarbonpartners.com Congratulations to our attorneys for being recognized for Native American Law in The Best Lawyers in America 2018 guide. We are proud of their work in providing high-caliber counsel to a wide range of Native American clients throughout the continental United States and Alaska. Philip Baker-Shenk Walter T. Featherly Jerome L. Levine James T. Meggesto Kathleen M. Nilles Teresa S. Ridle www.hklaw.com Walter T. Featherly Partner Anchorage AK 907.263.6300 Copyright 2017 Holland & Knight LLP All Rights Reserved www.tribalbusinessjournal.com OCTOBER 2017 17 COVER STORY Surging Forward BY LEVI RICKERT NAFOA DIRECTORS EXCITED ABOUT ALL WOMAN BOARD long the powwow trail every so often one can find t-shirts and bumper stickers that read Native Women Surge The message was meant to be humorous but there is some truth to it. It is common among tribal communities to recognize Native women as the driving force behind many initiatives including on the business enterprise side of tribal governance. Currently the Native American Financial Officers Association (NAFOA) board of directors is comprised of only Native women and is based in Washington D.C. The idea of a women-only board was not intentional according to NAFOA s President Cristina Danforth which consists of financial officers from across Indian Country. It just worked out that way. There were men running for some of the board positions but in the end it came down to only women winning. We were somewhat surprised by the outcome says Danforth. Yet we are excited about it. NAFOA s board includes VaRene Martin (Thlopthlocco Tribal Town Mvskoke Creek) Nation first vice president Christina L. Jimerson (Seneca Nation of Indians) second vice president Melanie Benjamin (Mille Lacs Band of Ojibwe) secretary and Hattie Mitchell (Prairie Band Potawatomi Nation) treasurer. As a national American Indian organization NAFOA advocates for sound economic and fiscal policy develops innovative training programs in financial management teaches financial and economic skills for the next generation and convenes tribal leadership experienced professionals and economic partners to meet the challenges of economic growth and change. NAFOA works hard to develop educational programs that help to strengthen sound fiscal practices among tribes across Indian Country. This is important because there are varying levels of development and sophistication among tribes. Primarily this is the result of longevity of tribes functioning as federally acknowledged--or recognized-- tribes. Some tribes never lost their recognition while others were recently re-acknowledged by the Bureau of Indian Affairs. Among NAFOA s successful programs is its Tribal Economic Leadership Program an executive-level educational program that provides professional development for tribal leaders and tribal professional governmental staff. The program supports the long-term economic sustainability of tribal nations and governments that are presented by NAFOA in collaboration with the American Indian Policy Institute at Arizona State University. Seated VaRene Martin (Thlopthlocco Tribal Danforth recently spoke to TBJ to tell our readers more about Town Mvskoke (Creek) Nation first vice NAFOA. president and Hattie Mitchell (Prairie Band Potawatomi Nation) treasurer. Standing TELL TBJ READERS ABOUT YOURSELF. Christina L. Jimerson (Seneca Nation of I am the president of NAFOA which is based in Washington Indians) second vice president Cristina D.C. I also have served on the Native American Bank board Danforth (Oneida Nation) president and of directors since 2011 and Native American Bancorporation Melanie Benjamin (Mille Lacs Band of since 2001. Ojibwe) secretary This past summer I retired from the tribal governing board of 18 OCTOBER 2017 www.tribalbusinessjournal.com www.tribalbusinessjournal.com OCTOBER 2017 19 COVER STORY the Oneida Nation known as the Oneida Business Committee (OBC). I served as the chairwoman vice chairwoman treasurer and councilwoman for a total of 18 years. My tenure on the OBC has afforded me tremendous opportunity to serve my constituents and represent tribal communities. My current position is the CEO of Great Lakes Inter-Tribal Council (GLITC). This is a nonprofit organization that serves 11 tribal nations in Wisconsin and Michigan. GLITC provides training education economic development and services for tribal communities through partnership and collaboration with tribal and state agencies. PLEASE PROVIDE A BRIEF OVERVIEW OF NAFOA AS A NATIONAL AMERICAN INDIAN ORGANIZATION. The mission of NAFOA is to build and further the advancement of its 98-member tribes throughout the United States in areas of finance tribal economies and the advancement of their culturally vibrant developments. NAFOA strives to blend the intricate balance of tribal financial infrastructure needs with corporations and federal agencies to best serve the policies relevant to unique tribal identities. The growth of NAFOA was facilitated through strategic American Indian and Alaska Native communities-led recruitment by First Vice President VaRene Martin and now under the direction of our newly hired Director of Tribal Relations Gary Hayes. We have accomplished our intent to build NAFOA as a national organization that promotes the synergies to advance tribal leadership and their management with corporate and agency partnerships. HOW LONG HAVE YOU BEEN INVOLVED WITH NAFOA I have served on the NAFOA board since 2009 and most recently (2015) as the president. WHAT HAVE BEEN SOME OF NAFOA S SUCCESS STORIES There are many examples of our success stories as portrayed by the highly accomplished tribal leaders tribal ventures and financial partners that have been a part of our recognition awardees over the past 10 years NAFOA succeeds with the commit20 OCTOBER 2017 www.tribalbusinessjournal.com ment of its board and managing team of staff who are well-versed in tribal government policy development fiscal accountability corporate relations wealth management economic development and tribal sovereignty. Each year we recognize the growth of tribal nations through our Lifetime Achievement Awards Deal of the Year Award and CFO of the Year Award. By honoring the commitments to positive sustainable growth and infrastructure advancements we are acknowledging the benefits of sound fiscal management and economic growth. WHAT HAVE BEEN SOME OF THE OBSTACLES NAFOA HAS HAD TO OVERCOME The years of growth for NAFOA were followed by a time when the organization had limited input from tribal leadership limited audiences for our partners to engage with and a lack of overall awareness. It took years of making the right decisions to engage our participants while honoring and recognizing the limitations of their time fostered by many conferences who competed for their attention. We overcame this by promoting a Tribal Leaders Only forum where issues and challenges could be addressed without outside influences and distractions. LAST YEAR NAFOA LED A DELEGATION TO VISIT CUBA TO IDENTIFY POSSIBLE ECONOMIC DEVELOPMENT OPPORTUNITIES FOR INDIAN COUNTRY. WHAT IS THE STATUS OF POSSIBILITIES The opportunity to explore government-to-government relations with tribal nations and the Cuban government presented itself last year. The dialogue was informative inspiring and intriguing. There were many similarities among our cultural beliefs values and ideology. The need to grow our respective economies the reliance on commerce and trade with others both domestic and internationally led to positive relations and the willingness to work together from a government-to-government stance. Cuba has many economic challenges and needs based on their limitations from a land and infrastructure standpoint. Yet there is hope that someday there will be a resurgence of diplomacy between tribal nations Cuba and the United States. There is an invitation to revisit and further the potential that each of us has to offer but currently no definitive time frames. NAFOA IS ABOUT READY TO BEGIN THE NATIVE AMERICAN CAREER SUCCESS ACADEMY. TELL US ABOUT IT. Another objective of NAFOA has been to build future leaders through education and mentoring while also advancing the fiscal knowledge of tribal management and delegates. This became the goal of the newly launched Native American Career Success Academy. This is an opportunity for participants to become engaged with practical and hands-on career paths that allow them to engage with potential future employers. Participants gain real life situations and mentoring paired with onthe-job skill building. We engage them with tribal businesses and career options that help them develop their employment interests. The one-on-one career coaching opportunity has been one of the most exciting and rewarding experiences for both the participants and their coaches. Internship and scholarship opportunities have been a positive experience for both our corporate sponsors and many students throughout Indian country. While the opportunity to apply is on a case by case basis NAFOA is always willing to create bridges and promote meaningful educational opportunities. IN YOUR OPINION HOW HAS THE TRUMP ADMINISTRATION IMPACTED ECONOMIC DEVELOPMENT OPPORTUNITIES IN INDIAN COUNTRY IS IT TOO EARLY TO TELL Overall the discussion with the new administration in Washington D.C. has yet to evolve. It is hopeful that federal agencies will engage soon with tribal leadership. And NAFOA will always be willing to host those meetings and conversations. Tribal leaders must look to their current tribal-state-federal relationships and find allies and partners who can best facilitate a conversation as to where we go from here. The Trump administration has a pile of issues both domestic and international that are volatile critical and encompassing beyond the fundamental tribal issues. I fully believe that we are all in this together and we must seek new and renewed relationships wherever possible and feasible. The economy of tribal nations is just as crucial to our neighbors as they are to us internally and we must forge forward. A leading developer of forest carbon projects for the California carbon market. Forest Carbon Partners finances and develops 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 www.tribalbusinessjournal.com OCTOBER 2017 21 Culinary & Agricultural Tourism Become hot Attractions s the world produces more and more content to compete for our attention many people are instead seeking an escape from the dayto-day to take part in experiences that have a lasting impact. Despite the word s overuse travelers are indeed seeking out experiences that meet their perception of authentic. Experience providers like to claim that their experiences are unique and special however it s worth noting that one can hike almost anywhere in the world. Nearly every destination offers some form of a spa or resort experience. It is the people and their story that make Icy Strait Point Alaska a place unique. If guests are BY DAN MOORE AND HANNAH PETERSON AIANTA seeking authentic experiences that connect to local people and cultures it is no wonder that Indigenous tourism is getting increased attention. Indian Country tourism has experienced significant growth in travelers over the last 10 years. According to the U.S. Department of Commerce from 2007 to 2016 there has been a 180 percent increase in international visitors with a 17 percent increase from 2014-2015. Tourism can be developed on a large or small scale. One of the advantages for smaller tribes is that it is a clean industry which can be built with little capital or infrastructure. The attraction is the people their stories and the landscapes. This is particularly true in the state of Alaska with 229 tribes and 11 distinct cultures speaking 11 languages with 22 dialects. Tourism in Alaska is a significant economic driver for the state with tourists from all over the world coming to experience the culture wildlife and dramatic landscape. According to the Southeast Tourism Society domestic and international travelers to Alaska spent 2.5 billion in 2015 supporting 27 500 jobs with a payroll of 897.2 million and generating federal state and local tax receipts of 388.6 million. With a population just under 750 000 residents the state hosted an estimated 2 million visitors. At the forefront of this growth is an interest by the traveler to connect with the culinary and agricultural offerings of the places they visit. Icy Strait Point features over 20 experiential tours 22 OCTOBER 2017 www.tribalbusinessjournal.com SPECIAL REPORT ALASKA The 2013 American Culinary Traveler report published by Mandala Research showed that the percentage of U.S. leisure travelers who go exploring to enjoy unique dining experiences grew from 40 percent to 51 percent between 2006 and 2013. Agritourism often paired with culinary tourism is also a growing travel sector. It is defined as business at a working farm or woodland ranch or agricultural plant conducted for the enjoyment and education of visitors while generating supplemental income for the owner. Although the economic impact of agritourism has not been thoroughly researched more than 75 million people (ages 16 and over) visited a farm or agricultural setting from 2005 and 2009 a 28 percent increase from 2001. Traditional Native American cultivation and harvesting has not been limited to farms and ranches in the modern sense but still can fit un- der an expanded definition of agritourism. For example in Alaska the shores of Norton Sound are dense with berry thickets harvested by Yup ik and Inupiaq people. Estuaries in Southeast Alaska provide the coops for herring who lay eggs on hemlock branches placed by local Tlingit. And the Brooks Range is the ranchland for caribou herds providing food and materials to Gwich in people. These practices blending modern and traditional techniques are the types of unique experiences that offer a connection to a place and its people that travelers are craving. The 229 tribes in Alaska the largest U.S. state by area each have their own histories distinct cultures stories and practices. Alaska Native culture is vibrant living and woven into every region of the state. No other state in America holds such a broad range of Native cultures as Alaska. NativeAmerica.travel a destination website hostwww.tribalbusinessjournal.com OCTOBER 2017 23 SPECIAL REPORT ALASKA The Bering Sea is a source of seafood that could provide a culinary experience for tourists ed by the American Indian Alaska Native Tourism Association (AIANTA) lists dozens of Alaska Native experiences for travelers to engage with from Koyukuk River Tribal Tours in Hughes to the Alaska Canoe Experience1 in Ketchikan to the Kodiak Brown Bear Center in Kodiak. The Alaska Native owned-and-operated Icy Strait Point located in the state s largest Native Tlingit village of Hoonah (about 35 miles west of Juneau) generates profits that directly support the local community. Icy Strait Point features more than 20 experiential tours a restored 1912 Alaska salmon cannery and museum nature trails restaurants 100 percent Alaskan-owned retail shops and a beach for combing. Eagles soar overhead and whales are regularly seen from the shore. Crucial to the success of the Icy Strait Point experience is the staff structure--85 percent of the 130-person staff are residents of Hoonah. In addition to a plethora of locally sourced food in Icy Strait Point s restaurants there are also two culinary tours offered. In Alaska s Wildest Kitchen visitors are immersed in the stories and the recipes of the region with demonstrations of how to create iconic dishes out of Alaskan staples such as salmon burgers and grilled local fish. The second program is more indepth and experiential. The Tlingit Kitchen A Taste of Southeast Alaska shows visitors how to fillet a salmon how to harvest various traditional foods such as berries and sea asparagus and harvesting techniques for other unique local foods. The tour 24 OCTOBER 2017 www.tribalbusinessjournal.com travels outside the grounds of Icy Strait Point to visit surrounding beaches and forests as well as the personal smoker of the guide. In addition to engaging the visitor s senses these programs help connect the visitor to the local culture and people in a way that only food can do. In offering advice to other indigenous communities that might want to embark on a project similar to Icy Strait Point Jennifer Black Director of Excursions suggests being flexible. Watch the product and tweak it if it is not working she says. Get feedback directly from guests to make sure you are meeting their needs. Mary Miller Economic Development Director for the Sitka Tribe of Alaska also sees the opportunity to connect with travelers interested in culinary tourism. She is researching activities that could be experienced by customers of the tribe s tour company Sitka Tribal Tours. We already have a successful variety of culturally oriented tours. We are DAN MOORE IS AIANTA S considering adding on an experience where our TRIBAL AGRITOURISM guests will be able to sample traditional foods and CONSULTANT. HANNAH connect more in-depth with our local culture. PETERSON IS AIANTA S In Southeast Alaska that includes herring roe DEVELOPMENT DIRECTOR. FOR smoked salmon and bay shrimp. If the way to a person s heart is through their MORE INFORMATION stomach there is a tremendous opportunity in Alas- CONTACT PETERSON AT HPETERSON AIANTA. ka to grow culinary and agritourism and better emoORG. tionally connect visitors to the destination. Clearinghouse CDFI addresses unmet credit needs in underserved communities. WASHOE TRAVEL PLAZA LOAN AMOUNT 5.6 Million Loan 12 Million NMTC Allocation LOCATION Gardnerville NV IMPACT Construction of a travel center for the Washoe Tribe to create 125 new job opportunities We make loans in Indian Country NAVAJO TRIBAL UTILITY AUTHORITY (NTUA) LOAN AMOUNT 12.8 Million NMTC Allocation LOCATION Apache County AZ IMPACT To bring affordable sustainable plumbing to low-income families in Navajo Nation. The only national organization dedicated to advancing Indian Country tourism across the United States. Clearinghouse Community Development Financial Institution is a Full-Service Direct Lender Specializing in loans for Economic Community Development Housing Infrastructure Health Care & Educational Facilities & More With Financing for On Off Reservation Projects JOIN US AND LEARN MORE AT WWW.AIANTA.ORG Visit us at www.clearinghousecdfi.com or call (800) 445-2142 2017 All Rights Reserved. This institution is an equal opportunity provider. Dept. of Corp. Finance Lender License 6035497 CA. Foreign Corp. License C20111025-1584 NV. Business License NV20111673156 NV Commercial. Mortgage Banker License CBKBR 0121262 AZ. www.tribalbusinessjournal.com OCTOBER 2017 25 26 OCTOBER 2017 www.tribalbusinessjournal.com SPECIAL REPORT ALASKA Why LLCs are growing in popularity in Alaska BY SARAH M. CURTIS AND WALTER T. FEATHERLY not subject to double taxation meaning that the income of an LLC is not taxed at the LLC level and then again when the profits are distributed to the owners. The Internal Revenue Service under the Check the Box regulations permits LLCs for income tax purposes to be recognized as a partnership a corporation or disregarded entity. This creates flexibility even in its taxation. The other significant difference between LLCs and corporations is the way they are governed and managed. Corporations by statute are required to have centralized management. In other words shareholders are by and large restricted from participating in the management of the enterprise. Instead management of a corporate enterprise is given almost exclusively to a board of directors which may delegate authority to committees or officers of the company. The rules of a corporation such as the election by shareholders of directors conduct of shareholder and board meetings as well as the identification selection and authorities of the corporate officers are set out in the bylaws for the corporation. While there is some latitude within these rules the corporations statutes mandate that there be shareholders a board of directors and officers. The statutes also dictate certain unalterable attributes for each. On the other hand LLCs are permitted to select whether to have centralized or a decentralized management structure. In LLCs the owners (corresponding to shareholders) are permitted to participate in the management of the company. The Alaska LLC statute allows the LLC to elect at the time the LLC is formed to be managed by a manager (centralized management) or to be managed by its members (decenhen Alaska Native Corporations (ANCs) were authorized through the Alaska Native Claims Settlement Act (ANCSA) in 1971 limited liability companies (LLCs) were not available under Alaska law. It was not until 1994 more than 20 years after most of the ANCs were formed that the Alaska Legislature enacted an LLC statutory code. Consequently for roughly the first two decades that ANCs were engaged in business the only options for ANCs (and other businesses in Alaska) for protecting their businesses and assets was to incorporate their subsidiary companies as corporations or to contribute their capital or assets to limited partnerships. In most cases forming subsidiary corporations was the chosen option. This history explains the phenomenon that so many of the legacy subsidiaries of ANCs started out as corporations. Even after July 1 1995 the effective date of the Alaska LLC act LLCs remained new and unfamiliar in the business and legal circles. It took quite a number of years before LLCs became the common entity of choice for ANCs looking to start a new business acquire assets of an existing business or acquire or protect high risk assets. However virtually all new subsidiaries or joint ventures formed by ANCs in the past couple of decades have been organized as LLCs and many of the legacy subsidiary corporations have been converted to LLCs. LLCs are generally described as a hybrid between partnerships and corporations. Like corporations the owners of LLCs (corresponding to the shareholders of corporations) are not liable for the debts and liabilities of the company (unless of course they contractually obligate themselves such as by providing a guarantee of an obligation). Like partnerships LLCs and their owners are tralized management). In short flexibility in structuring the management of a business entity is a key advantage to the LLC structure. It is this feature that makes LLCs attractive to ANCs as the vehicle for organizing their subsidiary entities. In most situations ANCs (and most other large companies) do not want centralized management within their subsidiary companies. To the contrary ANCs want to have control over and to be directly involved in the management of their subsidiary companies. The corporate form which restricts the involvement of the shareholder (in this case the parent ANC) in management of the subsidiary and requires there be a board of directors separate from the shareholder has proved to be a significant impediment to ANCs achieving their universal goal for their subsidiaries to ensure they are well-managed and will generate profits. For this reason virtually every new subsidiary company that is formed or acquired by ANCs are formed as LLCs and many of the legacy subsidiaries that were formed as corporations have been converted to LLCs. SARAH CURTIS IS AN ATTORNEY IN HOLLAND & KNIGHT S ANCHORAGE OFFICE. SHE FOCUSES HER PRACTICE ON ALASKA NATIVE AND NATIVE AMERICANOWNED BUSINESSES. CONTACT HER AT SARAH.CURTIS HKLAW.COM. WALTER T. FEATHERLY IS THE EXECUTIVE PARTNER OF HOLLAND & KNIGHT S ANCHORAGE OFFICE AND A MEMBER OF THE FIRM S CORPORATE M&A AND SECURITIES PRACTICE GROUP. CONTACT HIM AT WALTER.FEATHERLY HKLAW.COM. www.tribalbusinessjournal.com OCTOBER 2017 27 SEALASKA BLENDS SUSTAINABLE MANAGEMENT WITH NEW VENTURES BY DEBRA UTACIA KROL ealaska one of Alaska s largest Native corporations is firmly rooted in the cultures of the communities that form its partnership. Founded in 1972 today it has more than 22 000 shareholders hailing from the Tlingit Haida and Tsimshian people and communities in Southeast Alaska. The Native-operated company is guided by the principals of these three Far North cultures. That grounding in cultural values is reflected in Sealaska s business ventures--and in its purpose to strengthen people culture and homelands. Sealaska President The Alaska Native Corporations were established in and CEO Anthony 1971 after the enactment of the Alaska Native Claims Mallott is Settlement Act which returned 44-million acres to excited about his Alaska Natives through 12 regional for-profit corpocompany s seafood rations. Nearly 675 000 acres are owned by the three strategy tribes in the Sealaska corporation. These corporations enable more than 80 000 Natives in the state to engage in economic and community development. Sealaska fulfills that commitment by focusing on three primary business segments natural resources through its Haa Aani division Sealaska Government Services which engages in project 28 OCTOBER 2017 www.tribalbusinessjournal.com Heritage Meets Business management environmental monitoring and data analytics and seafood and natural foods. Eventually Sealaska will offer services in water and marine environments such asmarine data collection and oceanography. The corporation s emphasis on long-term health of the land and water environments including ocean health is also a major factor in Sealaska s business model in keeping with their ancestors sustainable management of their resources. Their latest venture into sustainable and natural foods is Sealaska s purchase of a majority interest in Odyssey Enterprises a seafood processing and marketing company based in Seattle. Odyssey offers a wide variety of retail and food service seafood including salmon halibut shrimp and crab. It also provides custom processing and private label production at its Seattle processing plant Northwest Seafood Processors. Odyssey s two primary brands are sold at national chains such as Costco and Whole Foods. Alaska Business Monthly ranks Sealaska No. 27 on its 2016 list of largest Alaskan-owned and Alaskan-operated companies with 109.44 million in revenue for 2015. SPECIAL REPORT ALASKA Odyssey is the second largest seafood firm acquired by Sealaska over the past year. It also has a minority interest in Independent Packers Corp. All of which are part of Sealaska s aim to play a key role in the seafood industry. Our latest move is a critical and exciting one in the development of our seafood strategy says Sealaska President and CEO Anthony Mallott (Tlingit Koyukon Athabascan). It provides us with a market-driven organization and a well-qualified and talented sales team. We intend to continue to build our seafood business through organic growth and additional acquisitions. As an Alaska Native business we are dedicated to providing a channel for seafood products that are created in partnership with the communities that play a critical role in the harvest of Alaskan seafood. The corporation also owns 362 000 acres of land. Thirty-five percent of it will be utilized in perpetuity as a working forest harvested sustainably to preserve salmon streams and wildlife habitat. This small-scale forestry preSealaska Chairman serves jobs in rural communities enabling tribal Joe Nelson is also members to live and work in their homeland. Sealvice chancellor aska notes that the model will provide opportunity of Enrollment to generations to come. Management at The Haa Aani Community Development Fund the University of helps support business development by Sealaska Alaska Southeast shareholders. To date the fund has lent more than 100 000 to eight small business owners and also provides business training technical resources and mentoring. Another way the corporation supports Native cultures is through Sealaska Heritage Institute. Founded in 1980 it was en- visioned by a group of clan leaders traditional scholars and elders who were gathered at the first Sealaska Elders Conference. The elders at that time handed over the blanket containing cultural wisdom to Sealaska. The institute now operates several cultural and educational programs. The headquarters in Juneau is an expression of Southeastern Alaska cultures. The structure resembling a bentwood box once created by artisans to hold cultural treasures houses archives classrooms large works of art by Alaskan artists the Sealaska Heritage Store spaces for art demonstrations and exhibits as well as a traditional clan house shuk h t (ancestors house) clad in hand-cut cedar. Then there s Sealaska s Carving Blank program. This initiative sprang from the tradition of giving away carving wood at Sealaska s annual meetings. Red and yellow cedar wood aregiven to schools in southeast Alaska Native culture camps behavioral health programs correctional institutions and other organizations to support the pursuit of the ancient art of creating both everyday items and art from wood. These organizations would not be able to purchase valuable cedar wood otherwise. Works created at the Lemon Creek Correctional Center are donated back to the Haa Aani Program and to Native community and nonprofit organizations for fundraising. By supporting its lands waters and peoples to exist and thrive Sealaska Native Corporation is honoring their elders by looking forward over at least seven generations in their business and philanthropic philosophy. www.tribalbusinessjournal.com OCTOBER 2017 29 fallen saguaro BY LEE ALLEN onny Preston Jr. is a hands-on type of guy--whether creating as an artist or curing as a healer. The Tohono O odham craftsman has found a niche market creating one-of-a-kind saguaro cactus picture frames. I m on a different planet he says. Planet Saguaro Rib. His reference to the sentinels of the desert those lofty cacti symbolic of his Arizona homeland is what brought him acclaim--recycling a part of the desert literally having something rise out of the ashes and turning it into something beautiful. People say they ve never seen anything like my art--creative ideas from a fertile mind he says. Sitting in his backyard studio surrounded by sleeping guard dogs who never notice a desert tortoise lumbering nearby he wears his traditional camouflage and says it all started when he was working as a surveyor on the Tohono O odham Nation in the 1970s. For some unexplained reason I started to pick up downed saguaro cacti ribs. I had the whole northern Sonoran Desert at my disposal as a supply depot. I didn t know what I was going to do with a backyard full skeletons of dead saguaros until that job ended and in a gradual evolution the process of finding out what came next in life. I used the materials at hand and became an artist specializing in making picture frames out of cactus ribs. The 63-year-old artist is proud of his product that can handle both traditional and contemporary designs and he s not bashful. I m like the creator of the pet 30 OCTOBER 2017 www.tribalbusinessjournal.com Artist gives new life to rock taking something from the land that has exhausted its cycle and fulfilled its mission and turning it into a new product he says. Saguaro cacti are a part of the O odham Nation s himdag or way of life. We look at them as people who have gone on and returned in different form he says alluding to tribal lore. It alleges that a baby was deserted by its mother. After following her in vain the baby finally sank into the earth and arose on a mountain slope as a giant cactus. Sometimes saguaros even look like people with arms that seem to point or wave he says. The high esteem that O odham have for saguaros is reflected in many of their creation stories according to Mark Dimmitt the Arizona-Sonora Desert Museum s director of natural history. The giant cacti are not plants to the Tohono O odham but a part of their culture another form of humanity. Whatever is their origin these plants are massively impressive. During their lifespan they can live up to 200 years old. Saguaros commonly reach 40 feet tall (with a record measured at 78 feet) supported by their well-developed woody skeletons. Between a dozen and 20 ribs run the length of the main stem and branches into the arms of the prickly flora. When the long-living cactus reaches the end of its life span and topples over Donny Preston is there to give it a second life. Preston s always-original creations vary in size (from 4 inches by 4 inches up to 4 feet by 6 feet) and the color depends on the ribs chosen from the supply pile--shades of brown and tan yellow and bleached white--mixed or matched as the creative muse calls. When I approach my towering stack Cactus frame of ribs to pull out materials for a project they all speak to me raising their hand and saying Use me. Use me he says. Every picture frame is a Donny Preston original he says noting the color variations range from the darker ribs found closer to the inside of the cactus to the lighter ones that have been weathered and bleached out by the sun. The carpentry and craftsmanship in building these frames is akin to carving a corn doll out of soft cottonwood turning something taken from the land into another beautiful aspect of nature. And speaking of katsina corn dolls he s carved those too out of cottonwood and ironwood. ENTREPRENEURIAL SPIRIT As an award-winning artist whose work is on display at the Smithsonian National Museum of the American Indian in Washington D.C. he spends a lot of inspirational time in Saguaro National Park West named for the immensely tall and heavy cactus that marches across the landscape like an army of giants. He also makes forays to nearby Red Rock to collect additional supplies for future projects. I ve probably made a couple thousand picture frames since the late 1990s and the old supply pile needs to be replaced. Looking to diversify his talents Preston has done some carving in alabaster a soft mineral and is contemplating trying his hand at pottery. It s what he calls another step up in my artistic capabilities. I want to be a Renaissance man and do it all. Another thing he does with his talented hands is perform healing ceremonies. Something happened to me back in the 80s he says. The Creator gave me a gift to help people. I m not a Shaman or a Medicine Man just a healer. We do what we re put here to do and I guess the Creator saw something in me. Although his frames can be found throughout the world-- New Zealand Holland Rome and in all 50 states --his marketing is low key using direct con- tact. People seek Donny Preston Jr. me out. They come looking for me if they want something different he says. So how do you find Donny Preston s saguaro cactus rib picture frame studio Visit the San Xavier Mission or the Tohono O odham San Xavier Co-op Farm south of Tucson. INSIGHT RISES IN THE WEST The sun rises on your tribe s culture and sovereignty. That s why it s important to stay up-to-date with information relevant to your tribe or tribal enterprise. Discover how our industry-specific online resources can help you thrive. MOS SA DA MS.COM TRIBES RISE WITH THE WEST. Assurance tax and consulting offered through Moss Adams LLP. Wealth management provided by Moss Adams Wealth Advisors LLC. Investment banking offered through Moss Adams Capital LLC. www.tribalbusinessjournal.com OCTOBER 2017 31 Intra-Tribal n the 1992 film Thunderheart one of the characters named Jimmy Looks Twice comments on the United States Government s long-standing view of Native people Sometimes they have to kill us. They have to kill us because they can t break our spirit. The movie is loosely based on the second occupation of Wounded Knee in 1975. It details the conflict between an anti-government faction of the tribe versus the pro-government faction that is working to allow a uranium mine on a reservation. The mine is polluting the water on the reservation and some of those opposed to the mine are murdered. While Thunderheart is a movie sadly to say conflicts between tribal members and their tribal council members and between council members themselves have led to death. The Cedarville Rancheria is home to a very small band approximately 35 members of Paiute people living about 30 miles south of the Oregon border in very northernmost California. In a tribe this small everyone is a relative to everyone else. A murder took place in Alturas California when Cherie Lash Rhoades former chairwoman of Cedarville Rancheria went berserk during a tribal meeting on February 20 2014. Rhoades was under investigation for misuse of approximately 50 000. The meeting at which the murders committed by Rhoades occurred concerned a possible eviction of her from tribal housing. The four victims were identified as Rurik Davis 50 her brother and tribal chairman her niece Angel Penn 19 her nephew Glenn Calonico 30 and Sheila Russo 47. It was reported that Penn was holding her baby when Rhoades attacked. Lash Rhoades was convicted and sentenced to death in Modoc County in 2016. The situation on the Cedarville Rancheria is tragic in the extreme. The murders 32 OCTOBER 2017 www.tribalbusinessjournal.com FEATURE Conflict CASES INVOLVING COUNCILS CAN TURN EXTREME PART TWO OF A FOUR PART SERIES BY ROBIN A. LADUE are almost beyond comprehension but such intense conflicts are unfortunately not rare in Indian Country. This article the second in a series explores the scourge of tribe against tribe and even more troubling tribal members versus tribal council members. It is somewhat astounding that there are so many cases where this has occurred. In times gone by traditional tribal leadership was based on bravery knowledge and experience as well as being passed through hereditary. In an excellent article produced by the Spirit Lake Consulting in Fort Totten North Dakota the traditional four values of Dakota leadership were listed as the following Courage Honesty Perseverance fortitude Generosity These values were not only found in Dakota communities but seen as highly desirable in Native American communities across the lands. It was through the practice of these values that lawful and cohesive communities were established. While lip service is often given to these values today in fact as noted above these values for many Native communities have been completely lost. The changing of such values to legal conflict of tribal members versus general council members occurred after the imposition of the reservation system and as a direct result of the Indian Reorganization Act of 1934. It is important to remember that when many of the treaties were drawn up in the 1800s historical enemies were placed together on reservations that were made even smaller as the government took more land and many allotments were sold off www.tribalbusinessjournal.com OCTOBER 2017 33 FEATURE to non-Natives. The government forced tribes from their customary practices of leadership into a form of government by tribal councils that had to be recognized by the Bureau of Indian Affairs (BIA). The government would only establish a government-to-government relationship with tribes that had a BIA recognized tribal council model. In many if not most tribes old resentments family feuds tribal animosities and sadly greed has taken the place of the four values listed above. The legal cases of tribal members against tribal councils or separate members of tribal councils seems to be endless. A few salient cases are listed below Miccosukee Tribe v. Billy Cypress In this case the Miccosukee Tribe accused former chairman Billy Cypress of taking 26 million dollars from the tribe to spend on gambling trips shopping sprees real-estate investments and luxury cars. A judge later dismissed the claims and in 2016 Cypress regained his chairmanship after the impeachment of an interim chairman. Eastern Band of Cherokee Indians for Justice & Accountability (EBCI) v. Henry et. Al Case No. CV 15-475. This case was filed in October 2015 and involved a tribal resolution (No. 261) that was passed in 2014. The legislation approved pay raises for the members of the tribal council which EBCI believed violated a section of the tribal constitution. This lawsuit was heard in tribal court with one of the main concerns being that all members of a tribe being affected when member of Tribal Council break the law for personal gain. Daniel Morsette Sr. v. Suquamish Tribe This lawsuit involved accusations by Daniel Morsette that came from his 1992 arrest at his home on the Port Madison reservation. Morsette was an enrolled member of the Chippewa Cree tribe and termed himself an Indian activist. His wife Lorraine Morsette and their four children were enrolled members of the Suquamish tribe. Because of his arrest for alleged violations of a restraining order that involved a neighbor Morsette was banned from the reservation. A year later all charges were dropped. Morsette through his attorney alleged that there was a conspiracy to violate his civil rights in retribution for 34 OCTOBER 2017 www.tribalbusinessjournal.com attempting to stop police brutality on the reservation. In 2016 the Mississippi band of Choctaw s tribal chief Phyliss Anderson sued the tribal council for alleged interference in her authority. The issue at hand was whether Chief Anderson or the tribal council had the right to information about employee personnel action. The lawsuit alleged that certain amendments to the Tribal Administrative Personnel Policies and Procedures violated the MBCI constitution. Chief Anderson stated it was her duty to protect the powers of the chief and the interest of tribal employees. Narragansett Indian Tribe v. Chief Sachem Matthew Thomas. This lawsuit has echoes of the ones discussed above with the tribe accusing the former chief of refusing to abdicate his authority after being impeached in 2016. The complaint indicated that the former chief was impeached on October 1 2016 after an uncontested election in July 2016. According to the complaints that were filed Chief Thomas was impeached and after this impeachment it was alleged that he refused to turn over the paperwork needed for the Narragansett Tribal Council to assume control and to elect a new Chief Sachem (leader of the tribe.) The suit also alleges that Thomas continued conducting tribal business and illegally created a tribal government that allots budgetary powers to tribal members who were not entitled. While there have been dozens if not more lawsuits of tribal members against council members of council members against tribal members and of tribal council members against members the themes that run through each of these cases are the same. Since tribal gaming became the lucrative business it now is lawsuits among tribal members and tribal councils have greatly in- creased. The lawsuits have focused on who will control the tribe who will set policy and who will profit from gaming. These lawsuits are in direct opposition to the four values listed at the start of this article. Indeed it appears that instead of the values of courage honesty perseverance fortitude and generosity greed resentment revenge and anger have become paramount values. It is difficult to imagine that our elders would approve of the loss of the traditional values. While it is true that inter-tribal conflicts existed throughout the time that Native people have been on this land the intra-tribal conflicts disenrollments and attempts of one tribe to keep another tribe from existing have created an atmosphere of hatred fear and bitterness that may not pass for generations. Certainly the tragic situation at the Cedarville Rancheria which resulted in Cherie Lash Rhoades being sent to death row is extreme. But for people who have faced disenrollment the loss of tribal identity and the loss of their ability to participate in the government of their own tribe the consequences have also been devastating. While this two-part series has focused on the conflicts of tribe versus tribe and general council members versus tribal council members it is crucial that the roots of these conflicts are understood. The next two articles in this series will examine the roots in history that have led to these unfortunate and troubling situations. While solutions to these difficulties appear hard to see in fact there have been cases where sensibility and cooperation have prevailed. Hopefully through organizations such as the National Congress of American Indians (NCAI) and others solutions can be found that will be acceptable and valued by all involved. ROBIN A. LADUE PHD IS A RETIRED CLINICAL PSYCHOLOGIST. SHE IS AN ENROLLED MEMBER OF THE COWLITZ INDIAN TRIBE OF WESTERN WASHINGTON. SHE HAS WORKED AROUND THE WORLD IN INDIGENOUS COMMUNITIES TO ADDRESS THE LONG-TERM IMPACTS OF HISTORICAL TRAUMA AND THE IMPACT OF FETAL ALCOHOL SPECTRUM DISORDER IN INDIGENOUS COMMUNITIES. SHE IS THE AWARDWINNING AUTHOR OF THE JOURNEY THROUGH THE HEALING CIRCLE SERIES AND OF THE HISTORICAL FICTION NOVEL TOTEMS OF SEPTEMBER. SPECIAL THANKS TO ALAN WILLOUGHBY J.D. MPA FOR HIS EDITING AND FOR HIS 25 YEARS OF EFFORTS TO ENSURE THAT ALL CHILDREN ARE TREATED WITH FAIRNESS AND EQUITY PARTICULARLY THOSE IN THE FOSTER CARE SYSTEM AND THE JUVENILE JUSTICE SYSTEM. 17 th Annual NATIVE AMERICAN MUSIC AWARDS SATURDAY OCTOBER 14 2017 Tickets starting at 15. Call 1-877-8-SENECA to book your room today Tickets can be purchased through ticketmaster.com or by calling 1-800-745-3000. SENECANIAGARACASINO.COM 310 FOURTH S TR EE T NI AG A R A FA LL S NY US A 14303 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 Our Investment 300 Million to Improve Quality of Life for Native Americans Collaborating with 1 000 partners on 60 remote reservations we provide immediate relief and support long-term solutions for year-round impact. Your Investment Work with us to provide education and leadership development and champion hope for a brighter future in tribal communities. Serving Native Americans with the highest need in the U.S. Contact Mark Ford (214) 217-2600 x118 NativePartnership.org www.tribalbusinessjournal.com OCTOBER 2017 35 36 OCTOBER 2017 www.tribalbusinessjournal.com TECHNOLOGY NAVAJO NATION FINDS PARTNERS FOR 3D PRINTING EDUCATION BY LEVI RICKERT he Navajo Nation Navajo Technical University (NTU) Boeing and Morf3D are teaming up to educate four NTU students in the 3D printing industry. The emerging partnership was announced at the university in Crownpoint New Mexico on August 4. Several years ago we were talking about how to advance ourselves towards the front says NTU President Dr. Elmer Guy. So we developed programs to prepare the workforce for the jobs of the future. According to NTU the university has been dreaming about the day the Navajo Nation will recognize their efforts as meaningful. The future is now. The Navajo Nation and the university see 3D printing as a viable means to prepare for a future in manufacturing. Looking to the future workforce on the Navajo Nation Guy established the advanced manufacturing curriculum and the Digital Technology Laboratory as a bold step forward. His vision is being rewarded by industry leaders such as Boeing and Morf3D as a development center for highly qualified professionals. TECHNOLOGICAL ADVANCEMENTS Landing a relationship with Boeing the largest aerospace company in the world and the largest corporate exporter in the United States is huge. Along with Boeing comes Morf3D a company that specializes in metal 3D printing also known as additive manufacturing. With a computer Morf3D can program a machine to create objects out of metallic substances. Rather than forging parts from blocks of metal these machines use titanium and aluminum powder to print an object layer by layer. The process is far more efficient than previous methods. It virtually eliminates waste produces products that are lighter much more durable and maintains structural integrity. If the rate of production is increased for this technology Boeing could save millions of dollars and quite possibly billions a year. The additive manufacturing industry does not have a large workforce yet. This is why Navajo Nation leadership feels it is important to get into this field now. In thinking ahead of the curve Guy built a curriculum for advanced manufacturing at the university funded the Digital Technologies Laboratory and established strategic partnerships as steps to prepare the future workforce of the Navajo Nation. NAVAJO NATION LEADERSHIP SUPPORT I see the Navajo Nation as becoming the leader in advanced technology says Navajo Nation President Russell Begaye. To do this we need to reach out into creation through prayer and unfold those designs and harness those technologies that are already there. Those unseen methods ideas and products already exist and we are connected to them. We need to bring that creation forth and use it for the benefit of our people. Navajo Nation Vice President Jonathan Nez commended the state-of-the-art NTU Center for Digital Technology for laying the foundation that is providing a steady stream of skilled professionals for the advanced manufacturing industry nationwide. Since taking office in 2015 President Russell Begaye and I have consistently said that manufacturing is the future of the Navajo Nation. We appreciate the vision of NTU for providing instruction in the growing field of 3D technology states Nez. Over the course of the next year four of the university s students will receive hands-on training from expert scientists and leaders in metal 3D printing through an internship at Morf3D. The internship is supported financially by Salt River Project through a 32 000 scholarship. SRP the operator of the Navajo Navajo Nation President Generating Station and one of its Russell Begaye looks at 3D four owners is the largest provider printing products of water and power to the greater Phoenix metropolitan area. SRP is extremely honored to be a part of this important program because we are keenly aware of the importance education plays in our future says Dean Duncan senior director of SRP s strategic planning and one of the presenters of the scholarship. According to Duncan SRP funded the scholarship because the internships will help the Navajo Nation support long-term economic development. Manufacturing assembly and integration of products and services is in our DNA it s in our culture our ceremonies in sand paintings rugs basket and jewelry making of our people says Navajo Nation Chief Operating Officer Robert Joe who also serves on the TBJ Advisory Board. www.tribalbusinessjournal.com OCTOBER 2017 37 The Future is Now Tribes First in Tribal Matters BY GARY DAVIS BY GARY DAVIS oted neurosurgeon former candidate for president and current U.S. Department of Housing and Urban Development Secretary Ben Carson recently visited a number of Native American communities in Montana to see the housing challenges experienced by Native families. In remarks to the United Native American Housing Association Secretary Carson promised to respect tribal sovereignty and self-determination while ensuring our assistance and cooperation must never be used in an underhanded way to control Native American communities. Although President Trump s proposed federal budget included significant cuts to Indian Housing and a myriad of other programs vital to Indian Country Secretary Carson vowed to help Native communities move forward and fight for more funding. Only time will tell if Secretary Carson follows through on his lofty goals to support Native housing projects and succeed where so many of his predecessors ultimately failed. His promise to engage in meaningful tribal consultation during his tenure is a breath of fresh air in an environment in which the federal government often in the words of Secretary Carson institutes a top down policy on Indian Country. 38 OCTOBER 2017 www.tribalbusinessjournal.com It s Past Time to Put There is now a policy law or guideline for nearly every federal government agency to consult with tribes prior to taking any action that might affect a tribe s ability to govern or manage resources. Some like the National Environmental Policy Act simply require federal agencies to invite tribes to participate in the environmental impact review process for major projects. Others like the Archaeological Resources Protection Act demand tribal approval anytime a party wishes to excavate on tribal lands. In each instance the federal government has determined there is a strong public policy interest in working together with tribes before taking action that could hamper a tribe s ability to assert sovereignty self-govern or de- GARY DAVIS velop economic opportunities. (CHEROKEE) One federal agency in particular the Consumer IS EXECUTIVE Financial Protection Bureau (CFPB) consistently DIRECTOR OF THE demonstrates an inability to coordinate efforts with NATIVE AMERICAN tribes in a manner that I fear will erode tribal sover- FINANCIAL SERVICES eignty and stunt economic growth in Indian Country. ASSOCIATION AND A As I have written about previously the CFPB ignores MEMBER OF THE TBJ requests by tribes to co-regulate financial services de- ADVISORY BOARD. FINANCIAL SERVICES rived from tribal lands. The bureau s refusal flies in the face of numerous provisions in its own establishment statute the DoddFrank Wall Street Reform and Consumer Protection Act requiring co-regulation. In support of this language tribes engaged in financial services across the United States have created robust lending codes and regulatory commissions to oversee the operations of tribal lending entities (TLEs). Recently the Native American Financial Service Association submitted a brief to the U.S. Supreme Court in support of two TLEs battling the CFPB over their tribes rights to self-govern and co-regulate financial services on tribal lands. Tribes have dealt with what Secretary Carson dubbed underhanded methods from federal officials for centuries. Whether it be through kickbacks to Indian agents for certain projects or the mishandling of millions in oil revenues Native Americans are no strangers to the underhandedness of government agents. Unfortunately the CFPB appears to be taking this approach to a new level. Unable to successfully dictate the loan terms for TLEs through rulemaking or enforcement the bureau is now attacking the companies that provide various ancillary services like marketing payment processing and customer service by purportedly offering reduced enforcement pressure to companies that end business relationships with TLEs. Indian Country experienced similar cutting them off at their knees practices in the early years of gaming. Unorthodox pressures were exerted on tribes by government officials interest groups and organized crime syndicates to hinder Native economic development. Even as other federal agencies reflect on the mistakes and overreach made during Operation Choke Point another initiative in which federal regulators pressured banks to cut ties with certain industries for fear of reputational risk the CFPB is ramping up its push to stamp out tribal lending by any means necessary. It is not the job of a federal agency to use questionable enforcement actions to pick winners and losers in an industry. The current activity of the CFPB which includes squeezing TLE service providers attempting to force state law on sovereign tribal enterprises and refusing to cooperate with tribal regulators in investigating tribal matters amounts to a full-frontal assault on tribal sovereignty and our ability to self-determine our own economic futures. It is time for all of Indian Country to take notice before the ill-conceived actions of one federal agency infect the entire government machine. Native American owned and operated with professionally trained accountants who understand the nuances unique to Native governments ensuring you... ...Peace of Mind PROFESSIONALLY TRAINED COMMITTED HIGH TECH CERTIFIED (505) 798-2550 info mccabecpa.com www.tribalbusinessjournal.com OCTOBER 2017 39 Dear Native Americans an open dialogue is needed about Indian Health Service BY GLENN C. ZARING Tough Talk he headlines in the partisan press recently screamed that without the Affordable Care Act tribal members were going to die families were going to be torn apart and tribal nations decimated. OK now that you have that out of your system let s talk about it some more. The subject of health care in Indian Country recently received negative national media attention. The occasion was a Congressional Budget hearing on the Indian Health Service (IHS) a pro- gram that provides funding and guidance from uniformed quasi-military federal employees allegedly to help we poor Indians in providing health care to our people. At the budget hearing the representative of the IHS (for some reason) refused to answer questions posed by the chairman regarding the service. This was arguably not the recommended approach to take since the IHS official was being asked to account for use of funds by the same committee that 40 OCTOBER 2017 www.tribalbusinessjournal.com COMMUNICATIONS WHAT THEY ARE GOOD AT IS SPENDING MONEY. THEY ARE JUST NOT VERY GOOD AT ACCOUNTING FOR IT-- EVEN FOR THEIR OWN TRIBE approves the funding. It was truly a communication problem because by mishandling the hearing the whole program is now even more suspect. Was it just a communication problem or is there a problem with the IHS Let s go back for some personal history on the agency. When first encountering IHS years back we were introduced to uniformed officers of the agency who were on a surprise inspection tour of a tribal clinic. They were dressed in military khaki uniforms complete with military rank and some insignia. Upon greeting them politely with their rank they hastened to say that they were not real military officers. (They just dressed and behaved like them.) In my opinion this holdover from the days when the American military ran our reservations and supposedly took care of the Indians established an awkward beginning and was profoundly offensive. The introduction to the Indian Health Service had a bad start that just got worse as things went along. While there are notable exceptions within the 560 plus Native sovereign nations in the U.S. the overall success of the IHS is truly questionable. Looking at just one clinic in the Midwest as an example we see a program that provides fulltime equivalent jobs to roughly 25 to 30 people and medical services to few tribal members. Here are some of the specific problem issues with this tribal clinic. This clinic has around four employees who do nothing more than drive from the clinic to the homes of tribal members transport them to the clinic and then back home after their appointment. Many of these members live two to three hours away. The transporters also drive expensive vehicles supplied by IHS. Keep in mind that there are excellent medical facilities near the members homes and even another tribal clinic much closer to them but because of the system structure they must come to their home clinic first. This clinic employs a doctor or two who are occasionally in the office. Once in a while another physician will show up for a brief period of time but they never last. We re never told why they won t stay. They just go away after time. A lot of time and money have been and are being spent as the clinic manager tries to set up their own pharmacy and dental clinic. This has been a work in progress for years and is suspect because there are at least four capable pharmacies within 10 miles and a number of dental offices within the same distance. No one has ever explained why tribal members need to have their own pharmacies and own dentists other than to wave some questionable figures about recovering money spent outside the system. To be perfectly honest this clinic has been notably unsuccessful and they really are not doing much good for the very people of their tribe or any of the other tribal members who are eligible to receive care at the clinic. What they are good at is spending money. They are just not very good at accounting for it--even for their own tribe Because of the way the clinic and IHS system is organized the tribal chair and council have very little control over the clinic service even to the point of trying to get accurate figures on just how many tribal members are served by the clinic. When pointedly repeatedly asked about it the clinic manager acts offended that the question was even asked. Best estimates are that they manage to see about five to six patients a day and that is not every day. At this point it is appropriate to ask if the IHS has control over the clinic operations and if its provides effective oversight to make sure that the funds are being used properly and that the tribal members are being given the medical services that they need. That as they say is the rub The Congressional Budget Committee was asking that very question and could not get an answer. Maybe committee members should have started with something very simple like Are you or are you not providing good health care to the Tribal Nations If the answer is yes prove it and if it is no explain why you are wasting all that money. Not too long ago one Michigan Tribal Council member commented that What we need to do is to provide everyone with an insurance card (such as Blue Cross Blue Shield) and just get out of the business of trying to provide our own medical care. The cost would be greatly reduced the care would be better and our people would be served more effectively. While this would not address the very real need for GLENN C. ZARING tribal culture-based healing it would free up many of (CHEROKEE) IS THE our nations from trying to play the expensive medical FORMER PUBLIC AFFAIRS game and importantly it could provide real medical DIRECTOR OF THE LITTLE care for our tribal people. RIVER BAND OF OTTAWA In some instances IHS and a few dedicated indi- INDIANS BASED IN viduals are doing very well and we are thankful for MANISTEE MICHIGAN AND them. What needs to be done however is to look at OWNER OF TRIBAL PUBLIC the program overall and to decide if it is the best way AFFAIRS ADVISOR (TPA2). to provide medical care to our people. That process HE MAY BE REACHED AT starts with honestly answering a few questions--even PUBLICAFFAIRSADVISOR if it hurts GMAIL.COM. www.tribalbusinessjournal.com OCTOBER 2017 41 BRINGING TECHNOLOGY AND TRIBES TOGETHER BY JANEE DOXTATOR-ANDREWS TribalNet zations empowering them to become self-sufficient and self-governing in their pursuit to enhance tribal prosperity says Ram Patrachari CIO VP of IT Services Viejas Enterprises and a TribalNet Advisory Board member. For nearly 20 years TribalNet has been connecting the technology industry within Native American organizations casinos and enterprises and the vendors that provide products and services to this unique and tight-knit community. TribalNet is an industry resource for technology professionals in the Native American industry and is the connection between tribal IT leaders and technology available for this unique and specific market. I appreciate the opportunity to serve all my peers in bringing the mission of TribalNet forward. At the end of the day we are all working towards accomplishing the same or similar goals. TribalNet is the vehicle to unite us together to build relationships and share knowledge to ultimately achieve the results we are seeking without reinventing it says Angie Litchy Chief Innovation Officer Mille Lacs Corporate Ventures and TribalNet Advisory Board Member. With online membership services conferences magazine and event planning services available through its logistics division TribalNet has become know as the premier industry resource throughout Indian Country. TribalNet s Founder and Executive Director Michael Day spoke to TBJ about the organization and its vision for the future. WHAT IS TRIBALNET TribalNet is a platform that connects tribes together to share to learn to collaborate and to get connected to resources. For the past 19 years TribalNet has grown to include participation and membership from Native American organizations across the ith the explosion of Indian gaming in the late 1980s tribes were seeing an increase in tribal enterprises and the need to incorporate technology into all of their operations. Fast-forward 30 years there are over 460 gaming organizations operated by our sovereign tribal nations across the United States which has afforded economic development opportunities throughout Indian Country. Currently about 30 billion of the estimated 180 billion worldwide in casino revenues are attributable to tribal gaming. TribalNet is a voice that represents this constituency with its Linda Arredondo razor like focus on tribal gaming. It also serves as a platform to share ideas and innovations across a wide spectrum of tribal organi- United States. TribalNet delivers an annual conference a bi-annual magazine and an online directory of tribes and tribal resources. HOW WAS IT FORMED TribalNet began as an idea and vision of myself . As many tribes were experiencing treRam Patrachari mendous growth beginning in the late 80 s and 1990s there were little or no communication channels supporting information sharing networking and collaboration between them. Simply each tribe was going it alone and re-creating the wheel far too often. It was expensive inefficient and unnecessary. The first TribalNet event in Sault Ste. Marie Michigan came about following a successful letter writing campaign sent to all tribal admin offices across the United States explaining the need and benefits of collaboration. HOW IS TRIBALNET GOVERNED TribalNet is governed and the overall direction is set by its advisory boards and committees. TribalNet members and event participants also provide important input and direction throughout the year. The content of the annual conference Location The Facts PO Box 2166 Portage MI 49081 Mike Day 1999 The goal since the formation of the group in 1999 still stands today bringing technology and tribes together. 18th Annual TribalNet Conference & Tradeshow November 6-9 2017 Phoenix Founder & Executive Director Established Mission Conference Angie Mckibbens 42 OCTOBER 2017 www.tribalbusinessjournal.com TRADE ASSOCIATION PARTNERS is determined by the input and efforts of the advisory boards. TribalNet has four advisory boards and committees that focus on different areas of a typical tribal organizational structure. That includes a governmental services board a gaming and enterprises board a health services committee and an executive committee. WHAT IS THE ANNUAL TRIBALNET CONFERENCE & TRADESHOW AND WHAT CAN ATTENDEES EXPECT THIS YEAR The Annual TribalNet Conference has grown and expanded each year. This year the 18th annual conference will take place November 6th through the 9th in Phoenix. It will include training workshops daily inspirational keynotes educational training tracks social networking events and a large vendor tradeshow. The educational Mike Day tracks have expanded to include several series of sessions focused on leadership government and health systems gaming and enterprises security and our newest ExecNology series directed at organization leaders that value innovation and leveraging technology. Attendees can expect to learn and network with many other tribes in a fun and friendly environment. CAN YOU EXPLAIN THE IMPORTANCE OF TRIBALNET AND ITS PROGRAMS We think that our advisory board members and TribalNet members can best describe the importance of our organization. TribalNet allows us to meet discuss and move forward theories solutions ideas etc. that will benefit all who are involved in this truly unique vertical. TribalNet represents the tribes and their successes challenges and direction. Because of this it is a growing and thriving organization who is moving forward while increasing the knowledge of everyone within our community says Charles Scharnagle CIO Mohegan Indians and TribalNet Advisory Board member. TribalNet has maintained its mission of connecting tribes individuals and resources to support and enhance tribal self-sufficiency and success. The annual conference magazine and online resources support that effort. In 2017 TribalNet is expanding and launching several new initiatives to offer more resources to all Native American organizations under the TribalHub brand. Linda Arredondo Director of IT Citizen Potawatomi Nation and TribalNet Advisory Board Member expressed how It is an invaluable experience for executives from tribal nations to come together and share success stories regarding their adoption of new technologies. TribalNet provides many unique collaborative learning opportunities that help build awareness stability and sustainability within tribal IT strategies. WHAT ARE SOME OF THE CURRENT INITIATIVES TRIBALNET IS WORKING ON AND HOW WILL THESE EFFORTS BETTER INDIAN COUNTRY 2017 is a busy and exciting year for TribalNet. As the eldest member of the TribalHub family of organizations TribalNet will be supporting expansion of TribalHub programs and brands designed to further the TribalNet mission and increase support to the entire Native American Community. This will include expanded training and educational op- portunities through TribalWise experienced consulting and management services through TribalFocus and a significant push to lower cost and improve products through TribalValue. The official launch of all expanded products and services will occur at the annual TribalNet Conference in Phoenix this November. Charles Scharnagle WHAT IS TRIBALNET S VISION FOR THE FUTURE TribalNet and TribalHub both believe that the future success of every tribe is closely tied to self-sufficiency. Across the United States competition will increase for existing tribal enterprises while government funding for tribal programs will continue to be pressured. The mission products and services of TribalNet and TribalHub are designed to support success in this current and future environment. TribalNet understands that all tribes working together are stronger than any single tribe by itself and will leverage this to the benefit of all tribes and their own individual self-sufficiency goals. Improving opportunity through education and training collaboration strategy technology innovation and cost savings are all a part of what TribalNet and TribalHub deliver to support the success of all tribes into JANEE DOXTATORANDREWS (ONEIDA the future. For more information visit https www. tribalnetonline.com. IS THE OWNER OF NATION OF WISCONSIN) DOXTATOR MARKETING & COMMUNICATIONS. 44 OCTOBER 2017 www.tribalbusinessjournal.com INSURANCE Customized Protection & Coverage BY AMERIND STAFF PHOTOGRAPHY BY MICHAEL TORIVIO PUEBLO OF ACOMA AMERIND IS A STEP ABOVE EVERYONE ELSE P rior to 1986 big name insurance companies either charged tribal housing authorities obscenely high premium rates or outright declined to write their coverages. Conventional insurance companies would not provide insurance coverage to tribes primarily due to limitations in Indian Country like rural settings and not being near a fire station. We didn t have a waterline system that had enough pressure to handle fire responses says Pueblo of Acoma 1st Lt. Gov. Raymond J. Concho Jr. Fortunately more than 400 tribes united to create a risk pool entity AMERIND Risk which provided that essential coverage despite challenges on tribal lands. Concho has witnessed AMERIND Risk s evolution over the decades. His unique perspective stretches back to his leadership as the Pueblo of Acoma Housing Authority s first-ever executive director in 1995. He was elected to serve on the AMERIND Risk board of directors starting in 1997 and on the National American Indian Housing Council s board in 1998 participating on both national boards for six years. Among other major transitions in AMERIND s more than 30-year history Concho recalls when AMERIND moved from Albuquerque New Mexico to the Santa Ana Pueblo in 2006. On tribal lands AMERIND strengthened its status as a Section 17 corporation preserving tribal sovereignty. AMERIND Risk flexed its business muscles to eliminate compliance with state requirements and to stay under Section 17 Concho says. The money AMERIND saves tribes translates to lower premium rates for tribal members. Its prices typically run 15 percent less than what most insurance companies charge. From Pueblo of Acoma Gov. Kurt Riley s perspective Tribes have historically turned to big brand names. That doesn t necessarily work to our financial advantage he says. Slowly but surely over the course of three decades and counting AMERIND is establishing its own brand and reliable reputation. I think across Indian Country AMERIND is becoming a brand name. Tribes are becoming more familiar with it. They re a very strong company. They ve grown and they re very stable Gov. Riley says. While initially AMERIND only insured the Pueblo of Acoma s housing units that relationship grew with AMERIND s expansion of services. The Pueblo realized it could get similar or better insurance coverage at a less expensive price. Like any government we have a fixed budget that we can only do so much with and insurance is a major expense with any operating budget. AMERIND was really able to provide to the Pueblo of Acoma that low-cost top-notch insurance coverage says Marvis Vallo comptroller for the Pueblo of Acoma Accounting Office. The Pueblo of Acoma is a 30-plus year equity member of AMERIND Risk. In addition to its housing AMERwww.tribalbusinessjournal.com OCTOBER 2017 45 Governor Kurt Riley IND insures the Pueblo of Acoma tribal government and all of its enterprises under Acoma Business Enterprises (ABE) its tribal holding company. The Pueblo of Acoma s first venture was Sky City Cultural Center which later expanded to include the Haak u Museum. Situated at the foot of the Pueblo the facility is considered the gateway to Acoma Sky City the oldest continuously inhabited settlement in North America. The facility and the Acoma name draw a lot of tourists from around the world Gov. Riley says. The Pueblo of Acoma also operates Sky City Casino Hotel a travel center RV park a big game hunting enterprise and a cattle 46 OCTOBER 2017 www.tribalbusinessjournal.com ranching operation. We re continuing to look at other businesses both on and off reservation Gov. Riley adds. Combined the Pueblo of Acoma government and ABE employ approximately 650 people. We re like any other governmental entity. In order to recruit individuals to work for us we have to provide a good benefits package Gov. Riley says. Through AMERIND Benefits the Pueblo of Acoma can better attract and retain employees with competitive healthcare dental plans vision coverage disability insurance life insurance and much more. Rather than approaching several companies we use just one [AMERIND Risk]. It streamlines our processes and it saves us money. We need to conserve and spend our money wisely Gov. Riley says. He considers tribal sustainability critical for Acoma Pueblo s membership and future generations. The Pueblo provides services to its 5 000 members of whom about half live on the reservation. Hence money saved is critical. Reducing our overall insurance costs boils down to tribal sovereignty because it empowers us to spend our [saved] dollars wisely. To me that s a huge benefit of doing business with AMERIND--keeping our dollars within our local economies rather than [our money] going to external agencies Vallo says. AMERIND s team cares about keeping money in Indian Country and facilitates doing business with Native vendors and contractors whenever possible. With a 59 percent Native American staff its employees are personally invested in serving tribes. To that end AMERIND has always been sensitive to the unique cultural needs of individual tribes--from its inception in the mid-80s to today. When AMERIND formed it filled a much-needed niche covering mobile homes adobe-style houses hogans and other traditional homes. On Acoma Pueblo we have traditional sandstone homes Concho says. AMERIND also offers optional coverage for Native art and other culturally significant contents in homes. Many families in Pueblo homes have a large amount of pottery. Should those get damaged they ll be covered. Our artwork is priceless Concho says. That culturally relevant coverage has extended across AMERIND s product lines benefitting tribal governments and businesses. While coverage matters AMERIND also addresses a key component to reducing costs for tribal governments and businesses prevention. AMERIND is keenly aware of how poor performance of routine tasks like driving or climbing a ladder costs businesses unnecessary money in tribal workers compensation (TWC) claims every year. AMERIND offers free safety training and educational sessions as well as on-site inspections of property and equipment at no additional cost for TWC policyholders. Beyond that AMERIND s safety team analyzes the loss trends of TWC clients to identify the underlying cause of their incidents. Last year AMERIND s safety team provided a first-aid training not only to Pueblo of Acoma and ABE employees but to members of the community free of charge. The educational component is critical. AMERIND helps you reduce claims by being more safety conscious whether in your home or business Concho says. Cultivating safety consciousness within a workplace pays off. We re seeing smarter employees that are helping to control our losses Vallo says. By and large prevention keeps staff at the Pueblo of Acoma and ABE safe healthy and in productive work environments. Prioritizing prevention reduces time lost at work and helps control losses and rising premiums. While the Pueblo of Acoma has not had TWC claims escalate to legal ad- INSURANCE judication Vallo finds assurance in the way AMERIND empowers tribal sovereignty by handling any workers compensation litigation in tribal jurisdiction. It s a great time-saving cost-saving measure. Rather than going outside to the state federal or district courts we re able to keep everything contained here. That is really the true essence of sovereignty--conducting our own business on our own land Vallo says. One of the things about AMERIND Risk that stands out to Vallo is its friendly and personable team members. I think their true niche is their customer service Vallo says. They approach business as a person-to-person relationship which is great for any Native communi- Comptroller Marvis Vallo ty because that s what we re about. That corporate culture starts at the top with Derek Valdo who joined AMERIND Risk 17 years ago. A Pueblo of Acoma member Valdo was named AMERIND Risk s first Native CEO in 2012. Valdo has also served as a councilman on the Pueblo of Acoma Tribal Council for 12 years. Vallo has observed Nowhere else can you get one-on-one time with the CEO like Derek Valdo who regularly engages attendees at AMERIND s annual conventions and semi-annual meetings inquiring How are we doing How are we performing Gov. Riley echoed that support for Valdo. I think AMERIND under Derek Valdo s leadership has become a very strong company financially. I have a lot of confidence in AMERIND to be there when I need them Gov. Riley says. AMERIND has tapped just 8 to 10 percent of the tribal governments marketplace although AMERIND s membership continues to grow exponentially. For the Pueblo of Acoma AMERIND s grasp of that relatively small piece of the pie is a bit of a head-scratcher. Give them the opportunity to serve and address your risk needs Vallo said. If we re able to work with tribal Nations and pool our money together and provide support that is truly ideal for the sovereignty of any nation. In the grand scheme of things AMERIND is financially solvent managing risk through sensible investment of funds and the purchase of reinsurance. AMERIND generated 47.2 million in revenue in 2016 a 15 percent increase over the prior year. Of that money AMERIND returned 3.5 million in excess reserves to its member Tribes. At the heart of its mission AMERIND wants to help Indian Country flourish through self-determination. Reinvesting in tribal communities is a big part of that. AMERIND contributes about 500 000 annually to Native organizations and sponsorships of events 1st Lt. Governor Raymond J. Concho Jr. that benefit tribal communities. They not only serve tribes they give back to those same communities Gov. Riley says. They ve also sponsored a number of events here at Pueblo of Acoma such as our annual Governor s educational fundraiser which helps us generate financial resources for Native students. If you re looking for a well-known company that s financially stable that keeps your needs and perspectives in line when developing services for you Gov. Riley says AMERIND is a step above everyone else. www.tribalbusinessjournal.com OCTOBER 2017 47 48 OCTOBER 2017 www.tribalbusinessjournal.com BUSINESS ETHICS Leadership in Ethics BY RANDALL SLIKKERS he recent events that took place in Charlottesville Virginia and the subsequent attempt by the nation to grapple with its aftermath bring a very important issue about ethics to the forefront Leadership. There is just no two ways about it. Without the top-level management in your tribal organization demonstrating leadership on the ethical and moral compass of your enterprise little else can be accomplished in the way of running a strong ethical business. If you are going to demonstrate ethical leadership for your organization you must have an active strategy towards that goal. We all know one of the key components of leadership is setting and achieving strategy. I ve talked about that many times in this column. We start the Ethics Leadership Circle in the East. Its domain Words. A leader cannot be silent for this silence can be interpreted differently by many people. A leader must the action steps Many times the actual damage of the crisis has passed. It s the emotional and recurrent damage that is facing you. In the case of Charlottesville the demonstration and violence were over but the ongoing understanding of what happened and how to prevent it from happening again was and is critical. What steps need to be taken What things can you do in your sphere of influence From there we move to the West. Its domain Organizational Practices. These are the things that should have already been in place to deal with a crisis when it hits. If you had established organizational practices then you can review if they were effective. (An example of an existing ethics practice would be your whistleblower policy.) If you did not have any you can review which would have been important to have and ensure that these are put into place to be more prepared for the next crisis. And finally we move to the North. Its domain Reassurance. We know leadership and its activities are not one-time events. When a crisis or major event is affecting the people you are leading either from within the organization or without they need continued assurance that the issue is being dealt with. It is important to mention here that no-one is comforted by false assurances. And if they are false that usually becomes apparent very quickly. You can provide assurance by making sure there is constant and consistent communication on and about the issue. Identify the deeds and organizational practices and outline how they are contributing to the solution. We all feel better when we receive true reassurance. It is incumbent on leadership to drive the ethics of the organization and its mission. While one thinks of strategic and financial planning as integral parts of leadership ethics is no less important. Tribal RANDALL G. SLIKKERS enterprises organizations will always need MBA IS PRESIDENT strong ethic leadership. This reminds me of AND CEO OF one of my favorite and simple leadership NONPROFITSTRONGER. quotes. It is from Admiral Chester Nimitz COM. CONTACT who played a major role in the naval histoHIM AT (202) 888ry of World War II as Commander in Chief 1759 OR RANDY United States Pacific Fleet. When you re NONPROFITSTRONGER. in command command. Take command COM of your leadership in ethics. From an ethical perspective this can best be illustrated by what I call the Ethics Leadership Circle. EACH OF THE FOUR-DIRECTIONS represents a critical step in ensuring those you are leading actually feel your presence. We ve seen by recent events what a vacuum in leadership can do and it s not a good result. make clear what they stand for. While words alone can never do it all they are the start to ensure that your ethics strategy is communicated. Certainly this can and should be done through the course of running your organization. However it becomes critical during times of crises or uncertainty. By coming out and clearly and firmly defining your stance on the issue you bring clarity to the situation and those affected by it. Next we move to the South. Its domain Deeds. As said above words are rarely enough. A good leader then sets out the execution of the ethics strategy. What specific things can be done to deal with the current crisis What are TBJ PROFESSIONAL DIRECTORY PRINTED VERSION TribalGovernmentandEnterprisePrograms StacyA.Sullivan CIC ACSR TribalSpecialist AccountExecutive Email Stacy JohnSullivanInsurance.com RD DOC GARY PLATO Founder Owner The Plato Group DAVIS ERNIE (Cherokee) CEO of NAFSA Native American Financial Services Association Gary Litefoot Davis of the Cherokee Nation is the Exec Director of the Native American Financial Services Association -NAFSA. He is also an award winning actor musician entrepreneur author and public speaker. Past Pres and CEO of the National Center for American Indian Enterprise Development -NCAIED and Board of Directors. STEVENS JR. KARRIE WICHTMAN (Sault Ste. Marie Tribe of Chippewa Indians) Managing Partner Rosette LLP Kerrie possesses over a decade of experience building and maintaining relationships with tribal communities. She manages a national majority Indian-owned and operated law firm with offices in MI AZ CA and DC. She supervises reviews coordinates and directs legal work product of more than 17 attorneys and 10 support staff. STACY Chairman National Indian Gaming Association A. SULLIVAN Tribal Specialist Account Executive Sullivan Insurance Agency RD Doc Plato is the founder and leader of The Plato Group a national consulting firm focusing on occupational safety and health. Dr. Plato has a passion for developing OSH programs in tribal communities and local leaders to direct those programs. He also serves on the Leadership Council of the National Small Business Association. John serves as the Executive Director of Tribal Client Development with Avant Energy in addition to serving his community on two boards Gila River Indian Community Utility Authority (GRICUA) and Gila River Telecom (GRTI). John works closely with Tribes throughout Indian Country on energy utility issues and infrastructure development. Since 1984 Stacy has worked hard to maintain a close working relationship with each of her tribal clients using her experience and knowledge to benefit each. She provides a personal touch and views each situation from their side of the desk while navigating their needs. Knowing the importance of todays environment in Indian Country. BUSINESS ADVICE If you are good enough at what you do the marketplace will not be able to ignore you. Never be a vendor always be an expert. BUSINESS ADVICE No one will be more on fire than you regarding your vision always be passionate. Be clear in communicating goals and apply timelines. BUSINESS ADVICE My Mothers sound advice Always be a statesman and listen until you understand. BUSINESS ADVICE A process to vet business opportunities corporate governance and a legal framework are essential elements of success. BUSINESS ADVICE Be involved and transparent make yourself available and treat everyone the way you want to be treated in life and in business. QUOTE Never be satisfied. Be more do more give more QUOTE Make yourself malleable. Shapeable. Be adaptable & improvise in order to overcome the obstacles placed in your path. QUOTE Unity strength and character are the foundations of success in Indian Country. QUOTE When opportunity doesn t knock Indian Country has the ability to build a door. QUOTE There is only one boss the customer. He controls from the top down simply by spending his money somewhere else. -Sam Walton 50 OCTOBER 2017 www.tribalbusinessjournal.com Become Part of the Best Native and Non- Native Definitive Resource for Indian Country Professional Services Introducing TBJ Tribal Professional Directory PRINT & DIGITAL VERSIONS Log online to www.TribalProfessionalDirectory.com reserve your space today BY RESERVING YOUR SPOT TODAY WITHIN THE ONLY DIRECTORY OF ITS KIND YOU WILL RECEIVE Includes placement into 5 categories and subcategories Add up to 10 images to gallery and a video or additional PDF files Add special offers and real time deal offers and badges for associations Drive traffic to events promote articles and blog post RSS feed for Facebook and capture user reviews and ratings SEO-friendly for content optimization including Meta tag descriptions and keyword management Generate high quality leads from a fully customizable lead form Email notifications for leads generated through directory Users have an easy click to call and send to phone functionality Traffic Reports (summary and detail views website clicks phone and fax clicks contacts etc.) DON T MISS OUT ID info Your name title company listing along contact info Company writeup A brief company or personal write-up of accomplishments and future plans. ADDED BENEFITS Business Advice brief business advice and quote. Direct Mail National Indian Country Conferences and Prominent Indian Country Resort In-Room Distribution. Distribution approx. 20 000 C Suite Excecs in Indian Country per month 500 000 unique digital visitors per month on TBJ Digital Footprint Editorial focus on Thought Leadership in all areas of 21st Century Progressive Economic Development and Sustainable Business Opportunities and Growth throughout Indian Country. Marketing Partnerships include opportunities to promote your product and service through Advertising Space in Print Editorial Opportunities Digital Marketing Opportunities and Event Marketing. Make connections do deals create jobs create opportunities. Indian Country s definitive resource for the Who s Who among Economic Development and Business Professionals involved with January 2018 Predictions (Economic Outlook) February Tribal Tech & Telecom March TBJ 50 (Outstanding Leaders) Building the Res (Commercial Construction) April The Brain Train (Education) Leading Lawyers and Firms May Energizing the Res (Energy) June The Big Buildup (Transportation Infrastructure) July The House Rules (Gaming) August Real Res (Residential Real Estate) September Healthy Futures (Health Care & Life Sciences) October TBJ s Big Book (Annual Professional Directory) Dollars and Sense (Financial Services & Insurance) November Destination Res (Tourism & Hospitality) Retail and the Res (Retailing) December Good Deeds (Nonprofits) PUBLISHING DATES Quote brief business quote. TBJ PROFESSIONAL DIRECTORY DIGITAL VERSION Home Page QR code will take the viewer to your digital home page Ernie Stevens Highlight Page Click on image and your highlight page pops up QR Codes Quick scan with QR App or iPhone users ask Siri or simple point camera to scan. CLICK TO CALL www.tribalbusinessjournal.com OCTOBER 2017 51 NATIVE SCENE A look at the Santa Fe Indian Market 2017 The Santa Fe Indian Market was held in August and attracted more than 100 000 visitors from across the world. It is known as the largest and most prestigious juried Native arts show. Running since 1922 this year more than 900 artists from nearly 200 federally recognized tribes from the U.S. and Canada displayed their works. This annual event is an opportunity to meet Native artists and learn about contemporary Indian arts and cultures. Quality and authenticity are the hallmarks of the Santa Fe Indian Market which is produced by the Southwestern Association for Indian Arts (SWAIA) a non-profit organization that promotes Native art and artists. A Best of Show Awards Ceremony was held to recognize the winning artists in various categories. (Photo credit Daniel Nadelbach) 52 OCTOBER 2017 www.tribalbusinessjournal.com 2017 CALENDAR October NAFOA 2017 FALL FINANCE & TRIBAL ECONOMIES CONFERENCE River Spirit Casino Resort Tulsa OK www.ncai.org conferences-events national-events Oct 2-3 Oct 4-7 NATIONAL INDIAN EDUCATION ASSOCIATION ANNUAL CONVENTION AND TRADE SHOW Caribe Royale in Orlando FL www.ncai.org conferences-events national-events 2017 SOUTHWEST CONFERENCE ON DISABILITY Albuquerque NM www.cdd.unm.edu swconf Oct 11-13 74TH ANNUAL CONVENTION & MARKETPLACE Milwaukee Wisconsin www.ncai.org conferences-events national-events Oct 15-20 November NACA 2017 FEDERAL CONTRACTING POLICY AND ADVOCACY CONFERENCE Washington DC http nativecontractors.org events naca-events naca2017 Nov 6-8 TRIBALNET 18TH ANNUAL CONFERENCE AND TRADESHOW Glendale Arizona www.tribalnetonline.com registration_2017.php Nov 6-9 Nov 7-9 TRIBAL INTERIOR BUDGET COUNCIL Washington Plaza 10 Thomas Circle NW Washington DC www.ncai.org initiatives bia-tribal-budgetadvisory-council 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. Navajo Southwestern Mexican Blanket www.tribalbusinessjournal.com OCTOBER 2017 53 SPONSORED INDUSTRY CONTENT BANKING The Tribally Chartered Bank THE NEXT FRONTIER FOR EXPANDING TRIBAL SOVEREIGNTY BY J.D. COLBERT GREGORY GUEDEL uses the term sovereignty event in his many legal articles. He defines that term as an act taken by a tribe that results in the development of new resources for the tribal community. A sovereignty event offers a clear point in time for comparing before-and-after performance of measurable economic development indicators. Examples of sovereignty events include tribes signing a compact with the U.S. or a state government winning a lawsuit to confirm sovereignty rights or creating a unique sovereign enterprise. The idea of a tribally chartered bank is a unique sovereign enterprise. A tribally chartered bank is a sovereignty event. It is the next frontier for tribes who wish to expand tribal sovereignty into the realm of banking and financial services. A tribally chartered bank is merely the next step in the evolutionary expansion of tribal sovereignty. It wasn t long ago that the idea of tribes conducting Class III gaming or issuing license plates to tribal members seemed farfetched. Yet today we take such tribal rights for granted. Viewed in this historical context the right of tribes to issue banking charters is a tantalizing possibility. Moreover we have legal and historic precedence to further undergird such tribal rights. In 1895 the Muscogee (Creek) Nation issued a banking charter to Tulsa Banking Company. Tulsa Banking Company was a dominant force in financing the development of Tulsa Oklahoma. The process of establishing a tribally chartered bank is fairly straightforward. The first step is to adopt a banking code. This tribal banking code could look like any of the 54 OCTOBER 2017 www.tribalbusinessjournal.com state banking codes. The tribe would then establish an independent regulatory body the Tribal Banking Commission to regulate and examine any bank that it charters. The key next step is to negotiate a banking compact with state and federal bank regulatory authorities. This is paramount because any tribally chartered bank must be a fully accredited member of the U.S. and worldwide banking community. The tribal bank must be compliant with federal bank laws. There are many advantages of a tribally chartered bank. These include providing banking services to areas of emerging lawful commerce such as online gaming and cannaJD COLBERT HAS A 40-YEAR BANKING AND FINANCE bis. Tribes have the oppor- CAREER AND WAS THE FIRST EVER NATIVE AMERICAN tunity to earn significant FEDERAL BANK EXAMINER. HE HAS SERVED ON THE revenues while boosting BOARDS OF FIVE BANKS AND SERVED AS PRESIDENT OF economic development TWO BANKS INCLUDING NATIVE AMERICAN BANK WHERE and job creation. HE WAS ALSO CEO. HE HAS BEEN A FINANCIAL ADVISOR I strongly urge tribes to IN THE FORMATION OF A NUMBER OF TRIBALLY OWNED consider creating a new BANKS. HE IS CURRENTLY A CANDIDATE FOR CONGRESS sovereignty event by exerAND PRESIDENT AND CEO OF HOLISSO HAKV INC. WWW. cising your right to charter HOLISSOHAKV.COM A BANKING AND MERGERS AND banks. It is the next frontier ACQUISITIONS FINANCIAL ADVISORY FIRM. COLBERT MAY of tribal sovereignty. BE CONTACTED AT 469-359-7008 (OFFICE) 918-758-8050 (CELL) OR JCOLBERT HOLISSOHAKV.COM. TBJ and NAFOA thank the Sponsors for the 2017 Fall Finance & Tribal Economies Conference conference2017 October 1-3 sponsors T H E N A F O A N AV I G AT O R F A L L 2 0 1 7 3 3 SPONSORED INDUSTRY CONTENT TRIBAL GOVERNMENT THE EXERCISE OF TRUE TRIBAL SOVEREIGNTY BY BENJAMIN NUVAMSA THE EXERCISE of tribal sovereignty is important as tribal nations continue to build their capacity to exercise their powers of self-government tribal self-determination and economic self-determination. Most Indian tribes were independent self-governing tribes long before their contact with European nations but the United States Supreme Court narrowed the extent of tribal sovereignty through its rulings. For instance the Cherokee cases referred to as the Marshall Trilogy. Tribal sovereignty was also affected in the treaties between tribes and the United States. Now more than ever exercising tribal sovereignty is becoming vitally important especially with the federal government devolving its responsibilities to the tribes and with the federal government abrogating its trust and treaty obligations to the tribes and not honoring the true government-to-government relationships with tribes. Exercising tribal sovereignty however is a double-edged sword one that must be exercised effectively and with care. But what is tribal sovereignty American attorney Felix Cohen defines it in part as ...the principle that those powers which are lawfully vested in an Indian tribe are not in general delegated powers granted by express acts of Congress but rather inherent powers of a limited sovereignty that has never been extinguished. Each Indian tribe begins its relationship with the federal government as a sovereign power recognized as such in treaty and legislation. The powers of sovereignty have been limited from time to time by special treaties and laws designed to take from the Indian tribes control of matters which in the judgment of Congress these tribes could no longer be safely permitted to handle. The statutes of Congress then must be examined to determine the limitations of tribal sovereignty rather than to determine its sources or its positive content. What is not expressly limited remains within the domain of tribal sovereignty. TRIBAL CAPACITY BUILDING As tribal governments evolve and change so does the institutional knowledge of their inherent sovereign rights and their capacity to govern. This is where the KIVA Institute LLC can step in to provide training and capacity building to assist tribes understanding and invoke their sovereign rights of self-determination self-governance and economic self-determination. After decades of oppression genocide mistreatment and challenges to tribal sovereignty the United States Congress passed the Indian Self-Determination Act in 1975 to declare that termination of federal tribal recognition was a failure to stress continuing importance of federal trust responsibility to tribes and to permit tribes to manage their own affairs with maximum degree of autonomy. Thus the Indian Self-Determination Act is about tribal sovereignty. Agreements under the act are government-to-government agreements. They are not federal procurement agreements. But many tribes and their federal service providers have long misunderstood and misapplied the true intent of the act. It is the time for tribal nations to exercise their true sovereignty by invoking their rights under the Self-Determination Act. The true intent About KIVA Institute LLC KIVA is a 100 percent Native American owned and operated training and consulting company dedicated to Building Capacity in Indian Country. It has unique knowledge and experience in the Indian Self-Determination Act. It has practical experience in how tribal governments operate. KIVA provides training and consulting services in the areas of finance and accounting indirect costs audit preparation indirect cost rate proposals grant writing contract and grant management management and supervision strategic planning tribal council and board roles and responsibilities Robert s Rules of Order Indian law economic developing and development of renewable energy resources. BENJAMIN NUVAMSA FORMER CHAIRMAN OF THE HOPI TRIBE IS FOUNDER AND PRESIDENT CEO OF KIVA. NUVAMSA WAS THE PRIMARY OFFICIAL WHO DEVELOPED THE REGULATIONS AND TRAINING TO IMPLEMENT THE INDIAN SELFDETERMINATION ACT FOR THE BUREAU OF INDIAN AFFAIRS. 56 OCTOBER 2017 www.tribalbusinessjournal.com www.tribalbusinessjournal.com OCTOBER 2017 57 SPONSORED INDUSTRY CONTENT CONTRACTING Native Associations Providing a CURE BY MICHAEL KEAWE ANDERSON THE STARTUP of a new administration and Congress continues to leave Native Nations corporations and our communities with uncertainty over the government s commitment to our sovereignty and the trust relationship prescribed in the Constitution codified through treaties and statutes and validated by the courts. Native leaders agree this uncertainty has contributed to the relevance and purpose of Native associations in manifestation of Warrior Chief Tecumseh s principle a single twig breaks but a bundle of twigs is strong. The Census Bureau reports about 7.6 million American Indians Alaska Natives or Native Hawaiians Pacific Islanders alone or in combination with other races reside in the United States. The bureau estimates just American Indian Alaska Natives alone or in combination--presently at 6.6 million--will grow to 10.2 million by 2060. Native associations have work ahead of us. If left unattended or unsolved the challenges faced today by our people and communities will be compounded by the increasing Native population and dwindling resources. At the recent Northwest Enterprise Development Conference hosted by the National Center for American Indian Enterprise Development speaker Washington State Sen. John McCoy a Tulalip resident and national leader strongly encouraged us to think outside the box take control of your interests. What is our interest The Native 58 OCTOBER 2017 www.tribalbusinessjournal.com American Contractors Association is one twig that is bundled with our partner Native associations and stakeholders in our core belief that economic development is essential to self-determination and sovereignty. Our association employs four campaign tenets to advocate for our interests Coalitions unity relationships and engagements (CURE) Coalitions In advocacy more constituents are better than just one--a premise for forming associations and partnerships. Advocacy is more effective and successful with coalitions. The larger and more inclusive the coalition the greater the potential to successfully influence policy makers and legislators. Unity Constituting a coalition is not enough it must be united by a common purpose that all agree to and understand. Like a chorus each singer contributes a unique voice that is united in the grand presentation. But If one member is off key out of synch with others or worse yet sings another tune then the overall presentation is disjointed and soured--and often that one is heard over all others. Relationships Relationships matter. They are the glue that binds coalitions and are derived through mutual respect that is cultivated and recognized. Transactional relationships are short-lived and limited in their impact. However relationships built upon trust respect and nurtured over time are long-standing dependable and enriching. Ideally relationships are established with all stakeholders--those who sup- port and those who don t support a viewpoint. Diverse opinions are valuable--one who is supportive on an issue may see another issue differently. Use these relationships to strengthen awareness and understanding. Engagements With the coalitions formed and the relationships established it s time to engage the decision makers. They may be policy makers legislators and or other groups and communities. A personal dialogue with decision makers cannot be overrated. But today s environment recognizes that effective and efficient communication is a component of engagement making social media a critical tool for success. There is much work ahead of Native associations to overcome today s uncertainties and move our people our communities our interests forward. Resolving longstanding issues is our must do imperative we can agree to four tenets to successfully organize our advocacy efforts. CURE will effectively underpin our efforts to mitigate and resolve the issues that have MICHAEL KEAWE ANDERSON IS plagued our THE EXECUTIVE DIRECTOR OF THE people and NATIVE AMERICAN CONTRACTORS communities for ASSOCIATION WHICH PROTECTS too long. THE RIGHTS OF INDIGENOUS Visit NACA s PEOPLE TO CREATE ECONOMIC website at www. DEVELOPMENT THROUGH nativecontrac- GOVERNMENT CONTRACTING. tors.org. CONTACT HIM AT KEAWE NATIVECONTRACTORS.ORG. NOVEMBER 5 - 11 2017 NB3FIT WEEK is the largest national event to engage Native youth in physical activity at one time Host a NB3FIT WEEK event in your community and be a part of the movement to move l ea H 1 0 2 yK th 00 ive at N Am ids lth ea H ic er an Fu y u yo th res tu nb3foundation.org nb3fit-week AND REGISTER YOUR NB3FIT EVENT TODAY JOIN US NOW notahbegayfoundation NB3Foundation 60 OCTOBER 2017 www.tribalbusinessjournal.com NB3Foundation NB3FIT healthykidshealthyfutures NB3F