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APRIL 2016 7.95 Transforming the Navajo Nation Robert Joe THE 21ST-CENTURY VOICE FOR BUSINESS INVESTMENT AND PROFITABLE ECONOMIC DEVELOPMENT OPPORTUNITIES IN INDIAN COUNTRY 1 APRIL 2016 1 9 0 0 A T T O R N E Y S 3 8 L O C A T I O N S W O R L D W I D E Greenberg Traurig s American Indian Law Practice Group is a multidisciplinary legal and governmental affairs team. We strive to provide wide-ranging legal representation for litigation transactional and public policy matters concerning Native Americans Alaska Natives and Native Hawaiians. Our Proven Track Record The GT American Indian Law Practice Group is equipped to provide a wide range of legal services to our clients. We deliver targeted legal and public policy counsel to Tribal governments associated business enterprises and other entities and to companies governments and non-profit organizations working with Tribes or investing in related commercial opportunities. GT s practice encompasses the full diversity of Tribes as self-governing sovereigns engaged in wide-ranging business endeavors nationally and internationally embracing virtually the entire range of litigation and transactional matters. Jennifer H. Weddle (co-chair) 303.572.6565 weddlej Loretta A. Tuell 202.331.3141 tuelll Harriet McConnell 303.685.7486 mcconnellh Troy A. Eid (co-chair) 303.572.6521 eidt Heather Dawn Thompson 303.572.6500 thompsonhd Robert S. Thompson IV 303.572.6572 thompsonro Robert S. Thompson III 303.685.7448 thompsoniii Maranda S. Compton 303.685.7443 comptonm Laura E. Jones 303.685.7481 jonesla G R E E N B E R G T R A U R I G L L P A T T O R N E Y S A T L A W W W W . G T L A W . C O M Greenberg Traurig is a service mark and trade name of Greenberg Traurig LLP and Greenberg Traurig P.A. 2015 Greenberg Traurig LLP. Attorneys at Law. All rights reserved. These numbers are subject to fluctuation. 26520 Your Golden Moment has arrived Navajo Nation EPA 990.3 Million Contract Opportunities with Tronox Settlement Funds Map courtesy the Environmental Protection Agency Contract oppurtunities for 60 sites in across the Navajo Nation for services with Engineering Evaluation and Cost Analysis Mine Category Assessment Watershed Groundwater Assessment Remedial investigation Feasibility Study Removal Site Evaluation and Removal. Training Oppurtunity Available Total of three federal certifications for unemployed residents of the Navajo Nation particularly those living in communities impacted by uranium mining and cleanup activities. Contact Lillie Lane Navajo Nation EPA 8 P.O. Box 339 Window Rock Arizona 86515 (928) 871-6092 email hozhoogo_nasha TABLE OF CONTENTS APRIL 2016 VOL.1 NO.2 40 Cover Story 6 Publisher s Letter 8 Editor s Letter 12 Tribal Ethics Walking the Talk Navajo Nation COO Robert Joe 14 Corporate Indian Country Partners 18 Technology Opportunities for Women in the Oil & Natural Gas Industry Buffalo Nickel Industries Showcases the Potential of American Indian Branding Indian Pueblo Cultural Center President & CEO Michael Canfield Acclaimed Native Artist Leroy Whiteman The Cultural Ties that Bind Tribes & Endangered Species Conservation Teaming The Rule Rather than the Exception How Tribal Nations are Looking Overseas to Increase Indian Country Tourism in the U.S. Dancing with Salmon The Waterway to Economic Success & Traditional Ways of Life NAIHC Working Hard to Improve Living Conditions in Indian Country National RES Las Vegas NIGA Trade Show & Convention 22 Entrepreneurial Spirit Profile 26 Entrepreneurial Spirit Profile 30 Environment 34 Federal Procurement 36 Tourism 46 Tribal Business Trends 50 Trade Association Partners 54 Native Scene Traditionally dressed Native American man at a public performance event in Esplanadi park in Helsinki Finland 58 In the News 64 Washington Update Indian-Owned Businesses Should See More Procurement Contracts Under New Buy Indian Policy 4 APRIL 2016 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 193 Blue Ravine Road Suite 255 Folsom CA 95630 (916) 353-1084 (916) 353-1085 ghash nstgermain 565 W. Chandler Blvd. Suite 212 Chandler AZ 85225 (480) 889-8990 (480) 889-8997 rosette 25344 Red Arrow Highway Suite B Mattawan MI 49071 (269) 283-5005 (517) 913-6443 kwichtman 1100 H St. N.W. Suite 400 Washington D.C. 20005 (202) 652-0579 (202 525- 5261 sbazzazieh PUBLISHER S LETTER Publisher Sandy Lechner I SUBSCRIBED 6 TBJ TRIBAL BUSINESS JOURNAL First I want to thank everyone for the amazing comments and reception we have received regarding our first issue. With the help and support of our staff advisory board advertisers contributing writers and all of the Native organizations who partnered with us we have been able to realize the beginning of our collective vision with the publishing of Tribal Business Journal. Now we have to maintain the momentum continue to grow push the envelope and build our community of readers advertisers and fans. To do that we are launching a number of initiatives. First we are under construction on a world-class website I encourage you to go to the site where we have a temporary landing page that allows you to subscribe to TBJ for free request advertising information review the latest issue and like our Facebook page by linking to tribalbusinessjournal. Next we will be every active with a social media campaign including daily posts on Facebook and LinkedIn which will provide up-to-date information on new articles team members advertisers and relationships. We will keep you updated on new distribution opportunities the latest subscriber numbers as well as any important economic development news in Indian Country. Finally you may have seen at NIGA or RES our I Subscribed stickers and Post-it notes. Friends TBJ will have representatives at all major Indian Country economic development and business conferences encouraging attendees and sponsors to subscribe to TBJ and to like and follow TBJ on social media. We hope you will wear the I subscribed sticker with pride as a professional who is behind the economic growth and prosperity of Indian Country by supporting the efforts of TBJ. Thanks again for your awesome reception. With warm regards Sandy Lechner Publisher TBJ TRIBAL BUSINESS JOURNAL Get it Free Every Month for your Free Subscription Scan Here tribalbusinessjournal Like Us on Facebook APRIL 2016 Who is NAFSA Tribal lenders provide financial solutions for the 63% of Americans who said they don t have the savings to cover a 500 car repair or a 1 000 medical bill. The Native American Financial Services Association (NAFSA) formed in 2012 to protect and advocate for Native American sovereign rights and enable tribes to offer responsible online lending products. Today NAFSA works with more than 15 tribes to set best practices for these lending businesses forge positive working relationships with state and federal governments protect online installment loan borrowers and advance economic opportunities in Indian country for the benefit of tribal communities. NAFSA Facts All voting members of NAFSA are federally-recognized tribes and all NAFSA board members are elected tribal leaders. More than 8 federal lending laws are incorporated into NAFSA s minimum operating standards. Tribal Benefits Tribal governments have earned millions of dollars in revenue from e-commerce. Up to 75% of NAFSA tribal members revenue comes from online lending. Borrower Facts NAFSA members meet an essential need for over 17 million Americans who use the Internet to access short term credit. Nearly 93 million Americans are unbanked or underbanked. NATIVE AMERICAN FINANCIAL SERVICES ASSOCIATION For more information please visit journal EDITOR S LETTER E Bringing prosperity Part of the strategy to bring economic development to the Navajo Nation is to host the Navajo Nation Economic Summit April 1114 at Twin Arrows Casino Resort in Flagstaff Arizona. TBJ is a proud sponsor of the summit. We hope the Navajo Nation Economic Summit will showcase successful businesses which will then spark new interest and energy to help revive our communities says Joe. TBJ is pleased to feature Joe in our April cover story. His past success in turning a revenue-losing business into a profit-making enterprise may be the formula needed to transform one of the largest tribal nations in Indian Country. Editor-in-Chief Levi Rickert (Prairie Band Potawatomi Nation) lections bring transformation to nations. Such was the case in April 2015 when the Navajo Nation elected Russell Begaye and Jonathan Nez to be its president and vice president respectively. Since assuming leadership the Begaye-Nez administration has sought to transform the Navajo Nation to bring prosperity to the Navajo people. In the early days of the new administration Begaye and Nez held meetings with their inner circle of advisors to determine what was important in order to transform the Navajo Nation. The four emphasis areas which the administration named the four pillars are 1) veterans veteran services 2) youth elders 3) infrastructure and 4) job creation. The Begaye-Nez administration envisions a new dawn for economic development on the Navajo Nation. This is music to our ears at Tribal Business Journal because this is a magazine devoted to economic development in Indian Country. The Navajo Nation is at a pivotal point in time where we are faced with declining revenues therefore we must work together as a diplomatic team to generate new funding sources for the Navajo Nation says Begaye. We can no longer rely heavily on coal oil and gas. We need to incorporate innovative technology diversify our economic base and establish partnerships with an array of entities on and off the Navajo Nation and find solutions to our economic challenges. During an interview I had with President Begaye last November at RES New Mexico in Santa Fe he told me that once he was elected he was determined to bring the brightest and best into his administration to help transform the Navajo Nation. One of his first and key appointments was Robert Joe whom he named the Navajo Nation chief operations officer. Joe brings a wealth of business experience to his position. Levi Rickert (Prairie Band Potawatomi Nation) Editor-in-Chief Levi Rickert may be reached at lrickert or 616.299.7542. 8 APRIL 2016 WHETHER YOU ARE STARTING OR EVOLVING PARTNER WITH A PROVEN LEADER Innovative Loan Solutions for the Enterprise Lender Aggregate Compliance Tracking Payment and Banking Management Unmatched Portfolio Analysis Secure and Scalable Cloud based SaaS Solution Analysis Capability 1-877-305-EPIC 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. PUBLISHER Sandy Lechner EDITOR-IN-CHIEF Levi Rickert slechner lrickert COPY EDITOR Sherri Balefsky Creative CREATIVE DIRECTOR Melanie Smit ART DIRECTOR Frank Papandrea Writers Philip Baker-Shenk Clara Caufield (Northern Cheyenne) Rachel Cromer-Howard Kayla N. Gebeck Robin A. Ladue (Cowlitz Indian Tribe) Patrick Shirley Randall Slikkers Monica Whitepigeon (Potawatomi) Adolfo Vasquez Rebecca Winkel Photographers Downtown Photo Fort Lauderdale DreamFocus Photography Jan Harrison Larry Wood Market Manager Jessi Lorenzo jlorenzo Marketing and Events Jennifer Barb jbarb Estefania Marin emarin Editorial Advisory Board Barry Brandon (Muscogee Creek Nation) Executive Director NAFSA (Native American Financial Services Association) Federal Native American Law and Policy and Named of Counsel Ben Nighthorse Campbell (Northern Cheyenne) Former U.S. Senator Devin Cohen Partner Tribal Media Holdings Gary Davis (Cherokee) President National Center for American Indian Economic Development Robert Joe (Navajo) Chief Operations Officer Office of the President and Vice President Navajo Nation Terri Fitzpatrick (Sault Ste. Marie Tribe of Chippewa Indians) Chief Operating Officer Boji Group Brent McFarland Chief Operations Officer LDF Business Development Corp. a wholly owned entity of the Lac du Flambeau Band of Lake Superior Chippewa Indian Tribe Kip Ritchie (Forest County Potawatomi) CEO Greenfire Management Services LLC George Rivera (Pojoaque Pueblo) Artist and Former Governor of Pojoaque Pueblo Pamala Silas (Menominee) Executive Director National American Indian Housing Council Katherine Spilde Ph.D. San Diego State University Chair Sycuan Institute on Tribal Gaming Heather Dawn Thompson (Cheyenne River Sioux Tribe) Practice Group Attorney Greenberg Traurig LLP Ernie Stevens Jr. (Oneida) Chairman National Indian Gaming Association S.R. Tommie (Seminole Tribe of Florida) President Redline Media Group Karrie Wichtman (Sault Ste. Marie Tribe of Chippewa Indians) Managing Partner Rosette Law Chairman Gary Press gpress TBJ Magazine 3511 W. COMMERCIAL BLVD. SUITE 200 FORT LAUDERDALE FLORIDA 33309 954.377.9470 FAX 954.617.9418 WWW.TRIBALBUSINESSJOURNAL.COM 2016 TBJ magazine is published by Tribal Media Holdings LLC all rights reserved. Tribal Business Journal is a publication of Tribal Media Holdings LLC which has teamed with LDF Business Development Corp. a wholly owned entity of the Lac du Flambeau Band of Lake Superior Chippewa Indian Tribe and Lifestyle Media Group. 10 APRIL 2016 UNDENIABLY SOVEREIGN AN AFFILIATE NETWORK WITH UNLIMITED POWER TO OUTPERFORM ArrowShade is the first wholly owned sovereign affiliate network for short-term loans. More than just a tribal network we take a sovereign approach to e-commerce. And so should you. Expanding your marketing presence into sovereign channels yields greater reach and endless possibilities. This unique approach allows you to expand your transcend jurisdictional boundaries and operate freely while still in compliance with federal law. Because we adhere to our own strict tribal code of laws and regulations we offer the unrivaled ability to seamlessly conduct e-commerce transactions across inter-state international and U.S. sovereign jurisdictions. Not every network can do that. Why limit yourself Take a sovereign approach and embrace what s next. 855.568.5924 TRIBAL ETHICS I Walking theTalk BY RANDALL SLIKKERS My point You cannot simply talk about ethics. You have to walk the talk. You have to build in systems that ensure that core business ethics are indeed the foundation of your tribal organization. Having business ethics that are woven into the very fabric of your company takes a systematic approach. Let s also not confuse these systems with policing. Having HR or quality assurance on the lookout for unethical behavior is not the answer. We also have to understand and respect that many tribal governments turn over on a two-year cycle. If there is a significant change of leadership and many new faces within the tribal enterprise then the need for systems that can transcend leadership changes is even more critical. These systems may not seem like they are geared toward the establishment and growth and development of ethics however if used in the correct way they are very effective. Some of the key systems are 1) strategic planning and execution 2) regular organizational assessments 3) insisting that all managers utilize a comprehensive management system 4) building and following the business plan (in concert with the strategic plan) 5) conducting due diligence (in all major business activity) and 6) understanding the true concept of return on investment (ROI). You ve probably heard of all of these activities before but rarely are they developed and implemented with business ethics as one of their core functions. In future columns I will go into more depth with each of these systems and how to incorporate them into your tribal organization to ensure that they operate with not only the highest level of efficiency and success but with the highest level of ethical standards as well. RANDALL SLIKKERS MBA IS THE EXECUTIVE DIRECTOR OF THE CONSORTIA OF ADMINISTRATORS FOR NATIVE AMERICAN REHABILITATION. t sounds simple enough Think ethical act ethical be ethical and all will be well. Yet we know in the real world it is not that simple. Time and again organizations get into deep trouble over unethical behavior by one or more of their leaders. This is often a representation of the natural tension that results from how our leaders are taught to conduct business. The main concept taught to every MBA student is that the primary responsibility of the leadership of an organization is to increase shareholder wealth. While every MBA student also has a class in business ethics the concept of increasing shareholder wealth is drilled in deep. And once hired the pressure to keep one s job by increasing the wealth of the shareholder owner is a constant. Newspapers are littered every day with the bones of C level people that are fired for underperformance. One of the most common ways that companies attempt to control ethical behavior is by establishing their corporate values. They have them posted in conference rooms printed on the back of business cards and on the website for the world to see. How effective is this Here is an example of one very large American corporation s values Communication We have an obligation to communicate. Respect We treat others as we would like to be treated. Integrity We work with customers and prospects openly honestly and sincerely. Can you guess the company ENRON Opportunities for Women in the Oil & Natural Gas Industry BY REBECCA WINKEL 14 APRIL 2016 CORPORATE INDIAN COUNTRY PARTNERS Women represent a critically vital talent pool to help meet the demands of the projected growth and expansion of the oil and natural gas industry. Thus a vast opportunity exists for the industry to attract retain and develop lifelong careers for women. 15 APRIL 2016 CORPORATE INDIAN COUNTRY PARTNERS W THE BIGGEST CHALLENGE WE FACE IN RECRUITING MORE WOMEN TO JOIN THE INDUSTRY IS SIMPLY A LACK OF AWARENESS OF THE EMPLOYMENT AND CAREER DEVELOPMENT OPPORTUNITIES AVAILABLE. omen are already a dynamic part of America s oil and natural gas workforce numbering more than 237 000 direct workers with many more holding positions that indirectly support our operations. And the industry is actively working to move that number higher. In fact a new study by IHS shows that women could fill more than 290 000 projected job opportunities in the oil natural gas and petrochemical industries by 2035. Knowing that we need and want more women in the industry we set out to learn more about what s important to women when looking for a job and how they feel about jobs in the oil and gas industry. Even before hearing any specific information about the industry positive or negative the majority of women said they were open to working in oil and gas yet only 3 percent of them reported ever having actually applied for a job in the industry. Why have so few women applied for jobs in oil and gas Our research shows that the biggest challenge we face in recruiting more women to join the industry is simply a lack of awareness of the employment and career development opportunities available. As one woman put it You don t have to be a land man or a petroleum engineer. There are other things you can do in the oil and gas industry. From attorneys to welders to architects truck drivers and accountants oil and gas industry jobs include a wide range of both blue- and white-collar positions at every education level. What s the point that many women are missing In this industry there is something for everyone whether you have a high school diploma or a Ph.D. Women were also surprised to learn about all the great things that jobs in the industry offer particularly in the areas they value most health care benefits job satisfaction and especially salary which is 50 000 higher than the U.S. average available in other industries. In November 2015 we went to Santa Fe New Mexico to participate in the Regional Economic Summit (RES) hosted by the National Center for American Indian Enterprise Development. Sitting on a panel in front of a group of about 50 Native women I presented this research and talked about the opportunities available close to them in Indian Country. Together we discussed what these opportunities meant for them. Many women in the room admitted that they were like the women in our study they hadn t really considered the oil and gas industry as a place to look for a job not because they were opposed to the industry but because they had simply never thought about it. They shared the unique challenges they face as Native women what they are doing to overcome those challenges and how working with the oil and gas industry could benefit their families and communities. The high pay for jobs in the industry meant a better lifestyle for their families. The close proximity of some oil and gas operations to tribal lands meant they didn t necessarily have to leave their communities or move far away to take a job. The breadth of opportunities available meant that there was a place for them regardless of their skill set or education level. We had many women entrepreneurs in the group who were encouraged by the prospect of working with the industry to provide services or supplies. These women found as have many other women around the country that leading the world in oil and natural gas production presents significant opportunities and the energy industry offers just the benefits women are seeking. REBECCA WINKEL IS AN ECONOMIC ADVISOR FOR THE AMERICAN PETROLEUM INSTITUTE (API). SHE DIRECTS ALL RESEARCH ON STEM EDUCATION AND WORKFORCE DEVELOPMENT FOR API WITH A SPECIAL FOCUS ON PROMOTING THE INDUSTRY S WORK WITH NONTRADITIONAL ALLIES. 16 APRIL 2016 Why should you advertise in TBJ Native American communities are innovative We are partnering with TBJ to share success stories and pollenate housing and economic development for a strong future for our Native families. Pamala M. Silas (Menominee Oneida) Executive Director May 8 -11 2016 Annual Convention & Tradeshow Visit or for more information. 18 APRIL 2016 TECHNOLOGY BUFFALO NICKEL INDUSTRIES Showcases the Potential of American Indian Branding hen most people think of American Indian art they immediately think of fine arts pottery and jewelry things they can hold observe and study. The duty of commercial artists is to have something interactive and engaging while being visually stunning and comprehensive. Having something be interactive engaging visually stunning comprehensive and American Indian-influenced That s when you turn to Buffalo Nickel Industries (BNI). BNI is the brainchild of co-founders Ryan Red Corn (Osage Nation) and Joseph Brown Thunder (Ho-Chunk Oglala Lakota). In the mid-2000s Red Corn had a T-shirt and branding company called Right Hand Media. It was around 2006 when he received a call from Brown Thunder asking him W BY MONICA WHITEPIGEON Ryan Red Corn to create website skins which are color and photograph themes. They began collaborating and in 2007 they became business partners to formulate BNI with an emphasis on telling clients stories through innovative design and branding. The two recognized the need for American Indian Web designers and other such graphic designers to hold accountability for their own communities. Instead of having to turn to non-Indian companies and designers BNI creates a welcoming environment and comprehensive space for American Indian-owned companies and tribes to promote their indigenous characteristics and ways. Most [American Indian websites] have been first handled by non-Indians so we get their branding back on track says Red Corn. They don t understand the differences between regions and think all Indian design is the same. We end up fixing a lot of those problems. BNI offers other resourceful solutions through a branch called APRIL 2016 19 TECHNOLOGY Red Corn AMERIND Risk poster campaign Indian Law Resource Center campaign INSTEAD OF HAVING TO TURN TO NON-INDIAN COMPANIES AND DESIGNERS BNI CREATES A WELCOMING ENVIRONMENT AND COMPREHENSIVE SPACE FOR AMERICAN INDIAN-OWNED COMPANIES AND TRIBES TO PROMOTE THEIR INDIGENOUS CHARACTERISTICS AND WAYS. Buffalo Nickel Creative (BNC) that are personalized and client-oriented. These services include advertising graphic design sales promotion market research strategic planning full-service campaign creation printing services website design development database social media strategies search engine optimization content management services and application development. The company has since grown to six full-time employees and has two locations the original in Pawhuska Oklahoma managed by Red Corn who focuses on branding and design production and the second in St. Paul Minnesota managed by Brown Thunder who focuses on Web design. Both states have a large percentage of American Indian populations and businesses but BNI is also inclined to work with non-Indian clientele and other nonprofit organizations. Featured clients include Nike Smithsonian the National Congress of the American Indians Prairie Wind Casino and Kiowa Casino. All of BNI s work is done in-house (with the occasional subcontractor) which helps to maintain consistencies and make sure all other items are congruent. BNC proudly boasts its ongoing relationships with clients once working on a website and or branding project it will take on additional projects such as internal documents booklets and videos. Red Corn continues to give back to his community. He owes much of his fame in Indian Country to his involvement in the sketch comedy group The 1491s but there is much more than meets the eye. He has a Bachelor of Fine Arts with an emphasis in visual communications and graphic design from the University of Kansas. He also owns Red Corn Native Foods a company started by his grandparents in the 1970s that specializes in fry bread mix. He is even an elected official of Pawhuska Village. With such a busy schedule it s no wonder that Red Corn admits to enjoying stand-alone projects the most where he can focus on writing. Some of the other work I can sit back and write and it s on me to deliver a good product he says. From screen-printing T-shirts to Web designs to strategic planning BNI has grown exponentially and continues to support and promote American Indian commercial artists throughout the country. 20 APRIL 2016 Red Corn at play APRIL 2016 21 22 APRIL 2016 ENTREPRENEURIAL SPIRIT PROFILE STARBUCKS MAKEOVER LAUNCHES TRIBAL ECONOMIC GROWTH I The Starbucks on Indian School Road has a community room and features historic photos of the 19 Pueblos. An Interview with IPCC President & CEO Michael Canfield BY MONICA WHITEPIGEON n December 2015 just in time for Christmas Albuquerquebased Indian Pueblo Marketing Inc. (IPMI) opened its latest franchise a stand-alone Starbucks Coffee on Indian School Road. This is the first Starbucks to be Native-owned and -designed which separates it from other Starbucks because the corporation has its own interior designers. In a brief interview Michael Canfield president and CEO of IPMI and the Indian Pueblo Cultural Center (IPCC) delved further into the expanding economic developments for the 19 Pueblos. Tell me a little bit about yourself. How long have you worked for the IPCC I am a member of Laguna Pueblo. I m 60 years old. I have a bachelor s degree in business management. For most of my career I ve worked primarily in Indian Country. I ve been a small business owner and also have done quite a bit of consulting for tribes around the country in economic development HR and capacity building. I ve been affiliated with the IPCC since 1995 when I was appointed to the board of directors. I remained on the board until 2012 when I assumed the role of president and CEO. There have been many new developments for IPMI what changes do you think have been most impactful Over the last several years dating back to 2010 we ve grown enormously as the tribes have given us more responsibility to develop the land across the street. Along with that came the challenge to make sure we had the APRIL 2016 23 ENTREPRENEURIAL SPIRIT PROFILE SOME OF OUR NEIGHBORS HAVE EVEN POINTED OUT THAT PROPERTY VALUES GO UP WHEN A STARBUCKS COMES IN AND WE BELIEVE IT WAS A SIGNIFICANT ENHANCEMENT TO WHAT WE WERE DOING. With decor inspired by the Southwest Starbucks has incorporated Zia Pueblo pottery by Elizabeth Medina (below). capacity and resources to accomplish what was needed to keep up with this tremendous growth. The area in which I ve had the greatest impact is managing this growth. I ve helped put into place foundational guidelines and I ve also helped us embrace a culture that allows us to accept change so we can successfully navigate our growth. In The Tipping Point Malcolm Gladwell makes reference to Starbucks signifying a dynamic change within a neighborhood. Do you agree Is this the first step in reviving this area The addition of Starbucks has helped us validate the property. When a Starbucks moves in potential tenants and neighbors take notice. Some of our neighbors have even pointed out that property values go up when a Starbucks comes in and we believe it was a significant enhancement to what we were doing. It validates our plans and also gives potential tenants an idea of what we re capable of. Since the opening we ve seen a significant increase in inquires about our property. It s done very well for us not to mention bringing traffic to the area and the IPCC. And of course we re also very proud that this is the only freestanding Starbucks in the U.S. licensed to a Native American-owned company. How long has IPMI been planning this build We sell Starbucks products in our restaurant Pueblo Harvest Cafe so we have been working with them for many years as a license holder. When we started to look at developing the property in 2010 the idea came to us that we may want to consider Starbucks. So we reached out to them and started kicking around the idea of an independently owned Starbucks. It has been a joy to work with them and we re excited to have finally completed the project and end up where we are today with the Starbucks organization. Since the opening what are the most significant advantages or benefits for tribal members Being tribally owned our entities are designed to provide financial resources back to the 19 Pueblos. The Pueblos enjoy all the benefits of ownership including revenue sharing. In addition Native Americans living here in Albuquerque get to come in and enjoy our facility. The facility is theirs and we try to make them feel like it s theirs. They can come in and enjoy it and use it for meetings. This is the first step in the new development plans for IPMI what other businesses or franchises are in mind for the future 24 APRIL 2016 The Pueblo-owned Starbucks is the largest in New Mexico. Starbucks is only the start. We ve received several calls from restaurants and other organizations that are interested in locating here. Many are currently evaluating traffic count and how their products can fit within our development. There is significant interest. Before the year is out we anticipate having two more restaurants and possibly two or three more retail organizations. We have funding in place for this first phase of our retail development and we re very excited. Long term we re looking at possibly adding one or two more office buildings on the northeast side of our property and we continue to work on prospects for that. Will there be more Native touches or influences in the other developments such as artwork layout designs etc. Absolutely. That s one of the unique things about our property. This property is going to be ours forever. This is a legacy asset for us. It s not something we re going to develop and turn around and sell. And because it s owned and operated by the 19 Pueblos we want to pay our respects and demonstrate all the positive things that Native culture brings to our world. This is an excellent place to do that. We re thinking about having a sculpture garden. We ll also have walking paths throughout the property so people can enjoy the outdoors. We ll also continue to commission Native American artists to create original work just like we did for Starbucks. For new tenants we ll insist that they comply with the inspiration of the rest of the property. Everything will celebrate Native culture and that s a requirement for being here. Are there any plans to work with other tribes outside of the 19 Pueblos whether it is retail stores festivals etc. The 19 Pueblos are actually our owners but our clients and all Native citizens are always welcome and we feel like they re a part of us here. Although we re owned by the Pueblos we certainly respect and help share culture from other tribes as well. The Pueblos have created something unique to Indian Country They are the only 19 sovereign nations to come together and form a government as well as a corporation for business. The tribes sit on trust land and are thus required to have governance. We keep governance and business separate. But we re still under the same umbrella of leadership which gives us a lot of opportunities to work together for the betterment of the development. IPMI has showcased the benefits of collaborations among tribes and has worked to bring Natives into the 21st century for the rest of the world to see and experience. APRIL 2016 25 26 APRIL 2016 ENTREPRENEURIAL SPIRIT PROFILE You have to promote yourself BY CLARA CAUFIELD eroy Whiteman a Northern Cheyenne artist has many brothers-in-law cousins and other male relatives who love to play practical jokes on one another in a long-standing tribal tradition. Learning to laugh at yourself teaches humility he says. Thus in 2004 a strange voice on his telephone said I am calling on behalf of Robert Redford. We would like to commission one of your elk horn carvings for a movie he will star in. Yeah right Whiteman joked thinking it was a prank from one of his family members. Send me a big check and then we will talk. I prefer to travel in a Learjet. Whiteman s attention to such detailed horn carvings including exquisite eagle tongues had brought him to Redford s attention. And to his astonishment a few days later a five-figure check from Robert Redford Productions arrived in his mailbox in Lame Deer Montana Northern Cheyenne reservation only 30 miles from the actual site of the Battle of the Little Bighorn. That is how Whiteman (Red Bird Cheyenne name) then traveled to Canada (by commercial jet) to participate on the set of An Unfinished Life. There he hobnobbed with Redford Jennifer Lopez and Morgan Freeman who played the part of a ranch hand also a carver of elk horns. During production in which Whiteman s carving hands are featured the famous black star joked How does it feel to be Morgan Freeman Not bad Whiteman rejoined. How does it feel to be a Whiteman Oh that was a good one Whiteman still chuckles. Whiteman now 78 has dabbled in a variety of mediums ever since he can remember. He was one of 17 children raised by Cheyenne matriarch Alice Kinzel whom he credits for encouraging him. My father Buster Whiteman was a talented artist recognized on the reservation but not beyond Whiteman APRIL 2016 LEROY WHITEMAN ACCLAIMED NATIVE ARTIST L Left Leroy Whiteman in his studio. Above Feather carved by Whiteman. 27 ENTREPRENEURIAL SPIRIT PROFILE WHEN I WAS 4 YEARS OLD I MADE MY OWN TOYS A LITTLE RODEO ARENA FROM STICKS AND TWIGS COMPLETE WITH OPENING GATES HORSES COWBOYS AND INDIANS. GRANDMA FOUND THAT GREAT URGING ME TO CONTINUE. THOUGH SHE DIED YEARS AGO AT THE AGE OF 99 I KEEP HER COUNSEL IN MY HEART. Clockwise from below Whiteman with Alice Kinzel carvings Blue Moon painting Whiteman surrounded by his art. says. When I was 4 years old I made my own toys a little rodeo arena from sticks and twigs complete with opening gates horses cowboys and Indians. Grandma found that great urging me to continue. Though she died years ago at the age of 99 I keep her counsel in my heart. After 40 years as a master mechanic at the PPL Power Plant in California (due to the federal American Indian relocation program) and in Montana Whiteman retired in 1995 turning his full attention to art which now greatly supplements his retirement income. He works in multiple mediums horn carving sculpting (marble sandstone wood and various rocks) painting pen pencil and Crayola drawing and even petroglyph incisor in area sand rock hills. Maybe someday our grandchildren will see those he hopes. There are many talented artists on the Northern Cheyenne and other reservations Whiteman says. Some are better than I am. But they don t know how to market their work are often intimidated about traveling and are selling their work for pennies. My clientele is not on the Northern Cheyenne reservation where there is 70 percent unemployment and poverty. These people can t afford my artwork but I often donate pieces to worthwhile community causes. Otherwise I travel off the reservation to where the money people are big art shows and all. Whiteman s themes hearken to his roots horses (including racers as he fielded several championship Indian relay teams is a former rodeo rider and is a current breeder and trainer of champion stock) old traditional tipi villages wildlife especially elk deer and buffalo cowboys and the spiritual themes of a Sun Dancer a vow he has completed the obligatory four times. I am inspired by the old Cheyenne artists such as Denver Horn grandson of White Crow who was commissioned to paint murals in the old General Custer Hotel in Billings Montana back in the 1950s. [He was] an older Indian who also traveled off the reservation to promote his art. Many of his descendants such as Chris Rowland a Northern Cheyenne 28 APRIL 2016 artist of international repute followed his example as did Bently Spang another Cheyenne artist who has found financial success from art. In the past two decades Whiteman has been a featured artist at many state regional and national art shows including the annual C.M. Russell art show in Great Falls Montana the Sacajawea Reenactment in Idaho the prestigious Montana Folk Festival in Butte Montana (as one of 22 invited featured artists) the Cowboy Christmas Gift Show in Las Vegas the Helena Montana Indian Art Festival the Bozeman and Missoula Hooked up on Art extravaganzas the Big E expo in Massachusetts the Montana Black Powder Shoot his alltime favorite the Miles City Bucking Horse Sale in Montana Art in the Park and even in Alaska producing three horn-carved trophies for the Cantwell Classic Sled Dog Race. Famed Alaskan musher Lance Mackey then determined to win that race if only for the prized Whiteman artwork. At a recent Western Montana Woodcarver s Association show Whiteman swept the competition with People s Choice Best of Class Best Artist and Best Wood Composition awards. That is when my fellow artists told me to go home Whiteman laughs. On the tour trail Whiteman often collaborates with other Native artists from the Great Plains including Kevin Red Star (Crow) Phillip Beaumont (Crow) Gloria Wells (Chippewa) Jesse Henderson (Montana Native) Patrick Hill (Crow) and others. At a recent art show they coined the phrase Don t buy the art of dead white guys. Buy art from living Indians. Whiteman explains his marketing style You have to talk to people engage them. He tells a story of selling one of his 25 signature buffalo bronzes Checking the Wind to a blind man at the C.M. Russell art show. It was a Forest Service dignitary being escorted through the show by an assistant. They stopped at my booth asking about buffalo. I took his hand showing him the full bull buffalo the head horns heavier hair on the back the tail even the scrotum and phallus. He said I have always been curious about buffalo. Now I can see one. Will you take a check I didn t know about that until his assistant nodded yes. Otherwise this guy would walk out with one of my buffaloes and I would have a piece of paper. But the check (for thousands) was good. That s how to market Whiteman concludes. Buying art is a very personal decision. Finally Whiteman notes his efforts to promote art and marketing concepts among young Native people. Remembering Grandma Kinzel who encouraged me I often go to area schools teaching art telling the young ones that they have talent. I also tell them that they have to get off the Rez to make a nickel or two. CLARA CAUFIELD A TRIBAL CITIZEN OF THE NORTHERN CHEYENNE TRIBE OWNS AND PUBLISHES A CHEYENNE VOICE NEWSPAPER LOCATED ON THE RESERVATION. SHE IS ALSO A COLUMNIST AND CORRESPONDENT FOR THE NATIVE SUN NEWS AND A FREELANCE JOURNALIST. SHE CAN BE REACHED AT ACHEYENNEVOICE GMAIL.COM. APRIL 2016 29 Species Conservation BY PATRICK D. SHIREY M.S. J.D. PH.D. ECOLOGIST R.A. SMITH NATIONAL INC. Tribes and Endangered THE CULTURAL TIES THAT BIND W North America has given only one philosophical tradition to the world and that single philosophical tradition is pragmatism. For it to follow the principles of the Haudenosaunee Great Law it has to be progressive pragmatism. Progressive pragmatism seeks ends that are universal and that have the quality of win-win negotiations. John Mohawk M.A. Ph.D. peacemaker and an increase in the local income average to 18 000 a value greater than Mexico s national income average which was 12 800 in 2006. A second success story related to species recovery efforts is demonstrated in the delisting of the Oregon chub the first fish removed from the U.S. Endangered Species Act. The Confederated Tribes of the Grande Ronde played a key part in securing this outcome as funds from hydropower to offset impacts of dams were used to acquire ceded ancestral tribal land. The Grande Ronde Tribe will act as a steward of the land and the river flowing through it that provides an important habitat to a large population of Oregon chub and other wildlife including chinook salmon. The recovery of Oregon chub was successful because the team effort originated within the local community and focused on watershed quality and habitat protection. That effort was supported by collaborative partnerships and matching grants from state and federal resources (a topic discussed later in this article). A third ongoing success story is a tribal-federal partnership in Nevada that not only benefits species recovery efforts but also expands business opportunities and connects to cultural heritage. The Pyramid Lake Paiute Tribe has deep cultural ties to the fisheries of Pyramid Lake as tribal members call themselves the Cui-ui Ticutta or those who eat the sucker fish. Two listed species the Lahontan cutthroat trout and the cui-ui sucker have been saved from extinction as a result of a tribal-federal-state partnership to recover the species and rehabilitate the watershed of the Lake Tahoe Truckee River Pyramid Lake basin. The cultural ties and history that bind the Paiute people to the Pyramid Lake fishery also help tribal members economically. The tribe s ranger station sells daily and seasonal permits required for fishing boating and camping on tribal land. Revenue generated from visitor spending helps the tribe provide services for its members. However the history of the Pyramid Lake fisheries during the 20th century had not been as rosy as the gill covers on a spawning Lahontan cutthroat. Water diversions from the Truckee River for crop agriculture municipalities and industry destroyed the spawning migrations of cui-ui and Lahontan cutthroat and consequently injured the livelihood of hen actions to safeguard habitat originate within a local community the result can positively impact environmental sustainability for future generations and act as a catalyst for economic development. Several recent habitat preservation success stories can be cited among local communities in North America. The following examples provide specifics as to how the community worked with the government to bring about some significant benefits related to economic development and habitat conservation. The first success story is the restoration of a declining fishery in Cabo Pulmo Mexico where a commercial fishing family gave up their livelihoods and lobbied the government to save and protect a reef that their relatives fished for multiple generations. This local conservation effort resulted in Baja California Sur protecting more than 17 500 acres of coral reef habitat as Cabo Pulmo National Park. The reef and its fish have rebounded so well in less than 20 years that the quality of the fishery has improved and people are now drawn to the park s aesthetic beauty. Important to the area s economic development tourism provided the community with new jobs 30 APRIL 2016 ENVIRONMENT APRIL 2016 31 ENVIRONMENT the Pyramid Lake Tribe. The Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990 (Public Law 101618) settled tribal claims for federally promised irrigation water. The Pyramid Lake Paiute Economic Development Fund created by the act required that the tribe s economic development plan be consistent with the fishery restoration goals in order to receive the federal compensation. Fundamental to this plan is the pragmatic understanding that people are connected to the natural world around them. As John Mohawk pointed out from an economic perspective local environmental protection can be good for business and human quality of life as self-sufficiency is the antithesis of the global economy. The plan s overarching objectives are to develop long-term profit-making opportunities create employment opportunities for the membership and establish high-quality recreation at Pyramid Lake consistent with fishery restoration goals. As a result the Pyramid Lake Tribe Economic Development Plan was recognized with an Outstanding Plan Award by the Nevada Chapter of the American Planning Association in 2011. Below are some examples of financial support that is geared to Native American tribes for local conservation efforts. TRIBAL WILDLIFE (AND FISHERIES) GRANTS The U.S. Fish and Wildlife Service has provided 68 million for 400 fish and wildlife grants to Native American tribes since 2003 including 4.2 million to 22 communities in 2015. In addition to providing educational support for tribal students learning natural heritage these grants (up to 200 000) also support endangered species recovery efforts. For example the Klamath Tribes (Klamath Modoc and Yahooskin peoples) were awarded support to reintroduce two culturally important endangered sucker species the c waam (Lost River sucker) and the qapdo (shortnose sucker) in an area where previous populations went extinct. The annual deadline to apply for this grant is in October. nativeamerican grants. html SPECIES RECOVERY GRANTS The National Marine Fisheries Service (NMFS) provides grants to tribal-led recovery efforts that benefit threatened and endangered species under NMFS jurisdiction. These are species that require marine habitat for some portion of their life. For example the Penobscot Nation received threeyear project grants for Atlantic salmon management and outreach in 2010 and 2015. Removal of dams on the Penobscot River has increased hope that the salmon spawning runs will return to their sacred river and the fishing that is part of their history will be restored. The annual deadline to apply for this grant is in September. pr conservation tribes.htm NONPOINT SOURCE POLLUTION MANAGEMENT The EPA awards noncompetitive grants ( 30 000 to 50 000) and competitive grants (up to 100 000) to support activities that implement a tribe s nonpoint source management program through Section 319 of the Clean Water Act. These grants can be used to improve habitat for endangered species. For example the Cahto Tribe of the Laytonville Rancheria received competitive funding in 2014 to restore eroding stream banks plant native grasses and trees and add large woody debris to Cahto Creek to improve habitat for coho salmon. Grant deadlines depend on EPA region. polluted-runoff-nonpointsource-pollution tribal-319-grantprogram FARM BILL REGIONAL CONSERVATION PARTNERSHIP PROGRAM Cities towns nonprofits with 501(c)(3) status state governments public- and statecontrolled institutions of higher education private institutions of higher education special district governments county governments Native American tribal governments and others are eligible for assistance to address specific natural resource objectives in a proposed area or region. The program s goal is to fund collaborative efforts that promote a comprehensive regional approach to landscape management. Projects funded benefit farming ranching forest operations local economies and the communities and resources in a watershed or other geographic area. For example the Yakima Nation was awarded funding to improve habitat and recover fish populations to provide for ceremonial subsistence and commercial fishing of species such as steelhead trout. wps portal nrcs main national programs farmbill rcpp NATIONAL WILDLIFE FEDERATION TRIBAL LANDS CONSERVATION PROGRAM The National Wildlife Federation (NWF) partners with sovereign tribal nations to solve today s conservation challenges on projects that protect wildlife advance land stewardship safeguard water resources provide environmental education and combat climate change. For example NWF helped the Fort Peck Tribes of Assiniboine and Sioux and the Fort Belknap Indian Community of Assiniboine and Gros Ventre Tribes relocate brucellosis-free genetically pure American bison from Yellowstone National Park to tribal lands in Montana. what-we-do protect-habitat tribal-lands.aspx NATIONAL FISH AND WILDLIFE FOUNDATION The National Fish and Wildlife Foundation (NFWF) has several grants available for conserving or restoring fish and wildlife habitat. For example the StockbridgeMunsee Community in Wisconsin received funding through NFWF s Sustain Our Great Lakes Program to restore wetlands and improve fish passage by replacing railroad culverts. Other programs to which tribal governments can apply for funding include Acres for America (conserves important large-scale habitats for fish wildlife and plants through land acquisitions) Bring Back the Natives More Fish ConocoPhillips SPIRIT of Conservation and Innovation Program (restores critical habitat for high-priority North American migratory species or conservation approaches that address water and biodiversity) Conservation Partners Program Developing the Next Generation of Conservationists Fisheries Innovation Fund and more. Some initiatives target specific regions depending on the private donor. whatwedo programs More information on these funding sources and others can be found in R.A. Smith National s Grants and Funding Directory at 32 APRIL 2016 MARCH 201 6 7.95 BE IN THE CONVERSATION Tribal Business Journal (TBJ) magazine is the leading provider and trusted resource for business wealth and economic information affecting the Native American nation. THE 21ST-CE NTURY VOICE FOR BUSINE SS INVESTMEN T AND PROFITA BLE ECONOM Gary Davis IC DEVELOPME Tribal think Beyond Leaders Gaming TIES IN INDIAN COUNTRY NT OPPORTUNI APR 16 IL 20 .95 7 THE 21ST-C ENTURY VOICE SIN FOR BU ESS IN VESTME NT AN D PROF ITABL E ECON OMIC DEVELO T OP PMEN ation ajo N e Nav ing th UNTRY sform CO Tran INDIAN IES IN PORTUN IT e Robert Jo CONTACT SANDY LECHNER CALL 954-465-9889 OR EMAIL SLECHNER TRIBALBUSINESSJOURNAL.COM Advertise to the Most Powerful Native Readership Available LIKE US ON FACEBOOK AT WWW.FACEBOOK.COM TRIBALBUSINESSJOURNAL SUBSCRIBE AND GET THE 1ST YEAR FREE GO TO TRIBALBUSINESSJOURNAL.COM I 34 The Rule Rather than the Exception in Federal Procurement Teaming BY ADOLFO VASQUEZ Small businesses have been subcontractors to larger businesses. They have also hired subcontractors to perform under them. This phenomenon is not new but the formalizing of the team and the commitments that are implied by such an agreement are key to being considered a team under the Federal Acquisition Regulation (FAR). And this teaming is very different from the subcontracting practice currently in place. The FAR defines contractor team arrangement as an arrangement in which (1) two or more companies form a n today s federal downsizing acquisition corporations must comply with reducing their procurement staff. This compliance leads to more and more contracts being consolidated and requirements being combined. As a result small businesses cannot expect to qualify or be able to perform all of the contractual deliverables without a team. Big corporations have long been teaming to deliver large weapon systems and perform large procurement efforts small businesses must learn to formalize this relatively common practice. partnership or joint venture to act as a potential prime contractor or (2) a potential prime contractor agrees with one or more other companies to have them act as its subcontractors under a specified government contract or acquisition program. The FAR policy states that teaming arrangements are recognized by the government provided that The arrangements are identified and company relationships are fully disclosed in an offer or for arrangements entered into after submission of an offer before the arrangement becomes effective. Why have teaming arrangements The FAR recognizes that teaming arrangements may be desirable from both a government and industry standpoint in order to enable the companies involved to (1) complement each other s unique capabilities and APRIL 2016 FEDERAL PROCUREMENT (2) offer the government the best combination of performance cost and delivery for the system or product being acquired. In many ways a teaming agreement is like a marriage It should not be entered into lightly. If expectations are not met the dissolution of the team can be very bitter. Teaming agreements are entered into by two or more contractors for purposes of joining qualifications and experience and combining bonding and resource capacity to pursue a specific opportunity. Typically teaming agreements are developed prior to the bid proposal stage of a transaction which helps to ensure the subcontractor is awarded the work to be performed as set forth in the bid proposal. Teaming agreements can be on an exclusive or nonexclusive basis. On a mutually exclusive teaming agreement the prime contractor promises not to solicit other subcontractors for the same work and the subcontractor promises not to provide bids or proposals for its services to any other prime intending to bid on the same proposal. Conversely in a nonexclusive teaming agreement the nonexclusive party may provide a quote or proposal to another prime bidding on the same proposal or ask for pricing from other subcontractors that provide the same services. Teaming agreements can be a onetime shot or on an ongoing basis such as on an indefinite delivery indefinite quantity (IDIQ) contract. Especially in the latter case it is very important to identify and manage the expectations of both parties. For example will all potential task orders be proposed on If the prime contractor only intends to propose on a select few task orders (or vice versa) this needs to be made known to the potential team partner to manage the expectations. Before exploring the possibility of a teaming arrangement with another firm it is a best practice for both firms to sign a confidentiality or nondisclosure agreement to protect any confidential information that may be divulged in assessing whether or not the two firms are a good fit. Advising and training small businesses on how to team is one of the many services provided at no cost by the National Center s Procurement Technical Assistance Center. A visit to the National Center for American Indian Economic Development s website ( will link you to your nearest PTAC. LT. COL. ADOLFO E. VASQUEZ USA RET. IS A PROCUREMENT TECHNICAL ADVISOR FOR THE NATIONAL CENTER FOR AMERICAN INDIAN EDUCATIONAL DEVELOPMENT PROCUREMENT TECHNICAL ASSISTANCE PROGRAM. (NCAIED PTAP). HE IS ALSO A CERTIFIED VERIFICATION COUNSELOR FOR VA S CVE VIP PROGRAM. HE HAS OVER 16 YEARS EXPERIENCE AS A FORMER FEDERAL WARRANTED PROCUREMENT OFFICER AN ADMINISTRATIVE CONTRACTING OFFICER A CONTRACTING OFFICER TECHNICAL REPRESENTATIVE (COTR) A QUALITY ASSURANCE DEPUTY DIRECTOR A DEPUTY FEDERAL CONTRACTS FINANCE COMPTROLLER AND A FEDERAL CONTRACTS PAYMENT OPERATIONS DIRECTOR. APRIL 2016 35 Reaching Across How Tribal Nations are Looking Overseas to Increase Indian Country Tourism in the U.S. BY RACHEL CROMER-HOWARD APRIL 2016 36 TOURISM the Sea Travel and tourism is one of America s largest industries accounting for 927.9 billion spent directly by domestic and international travelers last year. International travel grew 3.7 percent last year with 6.7 percent growth in spending according to Brand USA. APRIL 2016 37 TOURISM THIS YEAR U.S. PARTICIPANTS MET M INDIVIDUALLY WITH MORE THAN 30 MAJOR ITALIAN TOUR OPERATORS 80 TRAVEL AGENTS AND 25 TRADE JOURNALISTS. O Above Scale model of the AIANTA trade show exhibit that toured Europe. Right Dancers at the exhibit. n a smaller scale these trends are also visible in Indian Country where international tourism continues to grow. Setting record numbers in the past three years overseas visitors to Indian Country are proving to help contribute to growth in the U.S. economy. According to the U.S. Department of Commerce travelers to Native communities generally spend 12 more days in the U.S. than those who don t visit Indian Country about 67 percent of those visitors are leisure travelers who spend more money per capita than other travelers. In an effort to bring this valuable market information and visitation back to Indian Country and to expose that market to authentic Native tourism destinations the American Indian Alaska Native Tourism Association (AIANTA) ventured to Turin Italy for its second year of participation in 19th-annual Showcase USA-Italy. Showcase USA-Italy which took place March 6-8 is a trade show organized by the U.S. Commercial Service and Visit USA Association Italy. As the only marketing event exclusively dedicated to promoting Italian tourism to the United States Showcase USA-Italy provides AIANTA the opportunity to research the Italian tourism market and form valuable partnerships for building business. This year U.S. participants met individually with more than 30 major Italian tour operators 80 travel agents and 25 trade journalists. In follow up to AIANTA s 2015 participation in Showcase USA-Italy Donatello Osti commercial specialist at the American Consulate General Italy was sponsored by the U.S. Department of Commerce as a presenter at the annual American Indian Tourism Conference in September 2015. Osti provided information to tribes about Italian tourism and how they can break into or continue to develop their presence in this highspending market. Immediately following its Italian outreach AIANTA attended ITB Berlin from March 9-13 for the eighth consecutive year representing Indian 38 APRIL 2016 Country tourism and all of its diversity. ITB Berlin is the world s leading travel trade show with more than 170 000 visitors 113 000 tourism professionals and 11 000 companies from 180 countries. This year AIANTA hosted a total of seven tribal entities in its award-winning pavilion providing a training opportunity for tribes and businesses new to the European market and helping develop partnerships and resources for those who already have experience there. AIANTA also showcased its newly launched tourism destination website which serves as a platform for all tribes across the country whether new to the industry or established in tourism to share and market their tourism products and businesses with the world. Exposing the European tourism market to this site will serve as a powerful economic development tool for tourism in Indian Country. Led by AIANTA Board President Sherry L. Rupert (Paiute Washoe) from Nevada and Executive Director Camille Ferguson (Tlingit) from Sitka Alaska the tribal delegation at ITB included The Keepers of the Sacred Tradition of Pipemakers who believe in preserving their tribal arts and culture by educating their own people and sharing it with the world. They are based near the home of the Great Pipestone Quarries of Minnesota a place where tribal people have come to obtain the famous red stone for their prayer pipes for more than 1 000 years. The Pipemakers annual powwows and culture camps are open to the public as is the Pipestone Heritage Fest (July 1723) where woodworking bead making basket making hide tanning and many other arts and crafts are showcased. The Navajo Nation Hospitality Enterprise which announced a new venture with the National Park Service. The tribe has undertaken a major renovation of the Sacred Canyon Lodge inside the towering historical walls of the mighty Canyon de Chelly. Renamed the Thunderbird Lodge the 69-room property is the only lodging option inside the enchanting canyon walls the early-spring reopening offers visitors completely modernized rooms a restaurant a trading post and the starting point for vehicle tours of the national monument. Monument Valley Simpson s Trailhandler Tours which are led by Navajo people who know every crevasse crater and canyon in their motherland. Simpson s guides lead visitors through this land of petroglyphs pictographs ancient dwellings and magical landscapes in open-air safarilike Jeep tours or on foot. There are also opportunities to enjoy a traditional Navajo dinner and spend the night inside a hogan. The Chickasaw Nation of Oklahoma which offers significant historical and modern attractions for visitors. The Chickasaw Cultural Center is the largest tribal cultural center in the United States and offers demonstrations exhibits and an amphitheater for singing and stargazing. South of the Sky Bridge along the path to the Traditional Village of the Center a butterfly garden recently opened. The Chickasaw Nation has taken significant strides to restore the monarch butterfly population as its land is in a critical position along the migration route. Visitors can get up close with the beautiful black orange and white fliers. OPOS (Our People Our Stories) Tours also from Minnesota which offer visitors rare looks into Native culture. All tours are led by local guides and feature a look at indigenous lands language food and history as seen through the eyes of the many generations who have lived on their lands. Travelers witness scenes and listen to messages OPOS has created with respected elders tribal and spiritual leaders and community members. OPOS tours are primarily in the Midwest but they do range across the continental U.S. and as far away as Hawaii. COVER STORY Uses His Business Experience to Transform the Tribal Nation BY LEVI RICKERT PHOTOS BY JAN HARRISON Navajo Nation COO Robert Joe A s the chief operating officer of the Navajo Nation Robert Joe is one of the most influential administrators in Indian Country. The mere geographic and population sizes of the Navajo Nation warrants this. The Navajo Nation had 819 million in revenue and 3.2 billion in assets during fiscal year 2014. The reservation is larger than 18 countries and 10 U.S. states. Joe who rose from humble beginnings in a home that had no running water or electricity eventually became a seniorlevel executive at several companies including General Dynamics Hughes Aircraft Company and Raytheon. Joe was one of five in the inner circle of the BegayeNez administration. From the beginning the goal of the new administration was to transform the Navajo Nation at various levels of government and its business enterprises. Joe hopes his executive experience will help grow the tribal economy to benefit Navajo citizens. Simplicity is the key to our success Joe says. I believe the least amount of steps and least amount of people touching things the least amount of mistakes occur. To give perspective on how the Navajo Nation is working APRIL 2016 41 to transform the tribal businesses in order to grow its economy Tribal Business Journal interviewed Joe in late February. How long have you held your position as COO for the Navajo Nation Describe what you do on a daily basis. I was brought in by President Russell Begaye and Vice President Jonathan Nez on May 12 2015 to be the COO. However since we did not have a chief of staff (COS) I was also asked to cover that role in an acting capacity. The COS role was primarily doing administrative functions responding to day-to-day activities such as approving time cards travel requests budget transfers and personnel issues. The COO role is much more global. I work with over 20 divisions of the Navajo Nation and 13 business enterprises and corporations owned by the Navajo Nation. I also deal with all major external business entities operating on the Navajo Nation such as the power plants in addition to representing the office of the president and vice president on all major projects or issues facing the Navajo Nation. gross revenues of over 1.7 billion 5.8 billion in assets over 10 500 employees and 86 board members managing the assets of the business and nonprofit entities. Similar to the revenue of New Mexico Oklahoma Texas Wyoming Louisiana and North Dakota a significant portion of the Navajo Nation s general funds are derived from coal and oil resources. Although most of the 13 business and nonprofit entities employ people and pay taxes there is presently no annual dividend schedule established by the sole shareholder the Navajo Nation. It s time for the Navajo Nation to overhaul its business entities and diversify the income from other sources besides oil and coal. SIMPLICITY IS THE KEY TO OUR SUCCESS. I BELIEVE THE LEAST AMOUNT OF STEPS AND LEAST AMOUNT OF PEOPLE TOUCHING THINGS THE LEAST AMOUNT OF MISTAKES OCCUR. The road leading to an economic transformation of this scale has many obstacles and challenges. For example the average age of the 13 enterprises or corporations is over 34 years. Transforming practices that have been in place for a long time is an uphill battle. The Begaye-Nez administration believes that a number of things must happen either simultaneously independently and or sequentially for a transformation of this size and scale to occur on the Navajo Nation 1) Separate business from politics It s important to understand the lay of the land the present structure and process of existing business entities and how the government-business relationship exists. Presently the Navajo Nation has 11 Describe how the Begaye-Nez administration intends to transform the Navajo Nation through economic development. The Navajo Nation is the largest federally recognized tribe in the United States with over 300 000 enrolled members. It also has the largest land base which covers over 27 000 square miles in northeast Arizona northwest New Mexico and a portion of southeast Utah. The government itself has over 6 000 employees with over 20 divisions and 13 enterprises and corporations that have 4 500 employees. Collectively in 2014 the Navajo Nation s government and the 13 for-profit and nonprofit entities had for-profit business entities each with its own board of directors managing its assets. Four of these entities are set up as corporations and the remaining seven are enterprises of the Navajo Nation. The Navajo Nation Council confirms most board members. In some cases board members are selected through one of the five agencies (regions) of the Navajo Nation based on an election process. The process of selecting board members is riddled with politics and not entirely based on professional business qualifications. In contrast when considering board vacancies Fortune 500 corporations look for the best and most qualified business professionals based on the company s capability and market capacity needs. The Navajo Nation board-selection process is not structured to apply Fortune 500 business practices. Each business entity reports either to the Resources and Development Committee of the Navajo Nation Council or to shareholder representatives who are members of the Navajo Nation Council. The result is that all 11 for-profit entities operate independently and report to elected government officials. There is no holding company that consolidates these for-profit business entities. In comparison most major corporations have numerous subsidiaries operating under one holding company. The Navajo Nation is in the process of structuring a holding company. For the Navajo Nation to grow and prosper in economic business development there must be a separation of business and government politics from all its for-profit business enterprises. 2) Identify opportunities The next step is to have a comprehensive economic assessment of communities across the Navajo Nation to identify 42 APRIL 2016 COVER STORY Below Robert Joe and the Code Talker Statue regional and market segments that are primed to support and sustain economic growth. Although an economic study was performed over 40 years ago the information is limited in scope and outdated. The plan is to team up with a university and a seasoned economist and finance professional to perform this assessment. Based on the results the government can implement strategies that maximize value achieve acceptable returns and align with the Navajo Nation s vision of economic business development. 3) Provide bold leadership to build a culture of success Ongoing performance improvement is critical for business success. The present enterprise structure has been in place since 1941. The restructuring of the Navajo Nation business entities separating the government from involvement in business operations then preparing and positioning this new structure for business growth is something that must occur very soon. Presently all 11 for-profit business enterprises and corporations operate independently of one another. The Narbona Growth Fund is a corporate holding company that is being established by the Navajo Nation that would be able to house all for-profit business enterprises and corporations as subsidiaries. A critical decision that must be made is the shareholder structure of this holding company which would include a dividend payment schedule and the separation of government and business. This is a complicated and delicate decision to be made by our elected leaders in the Navajo Nation Council because many of the 86 board members depend on board stipends as their primary source of income. The other major component that or finance industries. Typically board members serve as advisors to the company leadership. Instead of having 86 board members the new holding company would have only a handful of professional board members managing the assets for the corporation. Collectively the for-profit business entities would have the financial strength and stability to absorb and capture new opportunities and withstand down markets. Independently the business entities are challenged and continue to rely on the Navajo Nation for financial support and assistance. 4) Create opportunity In 2014 there was 2 billion in recorded economic activity on the Navajo Nation based on taxes collected. In addition to the government budget along with revenues generated by its business entities there are substantial new revenues flowing through the Navajo Nation that we plan to capitalize on to foster economic development. The first major source of new opportunity is through the Tronox Bankruptcy Settlement of 985 million to clean up abandoned uranium mines. The Navajo Nation and the EPA require that licensed and certified companies have the qualifications and capabilities to perform the work. We will do all we can to have as many local businesses and workers benefit from that economic opportunity. The second is that EPA is requiring that the two power plants located on APRIL 2016 is essential in restructuring the Navajo Nation s business entities is the selection of qualified professional board members that have executive leadership experience in business knowledge of industries and markets and the education background to serve as board members. The overwhelming majority of present board members do not have education credentials or professional backgrounds in business engineering technology 43 COVER STORY Navajo trust lands to retrofit their remaining units to comply with new clean air regulations. The estimated cost to comply is approximately 1 billion between the two power plants both of which require contractors and employees to perform the work. Arizona Public Service Company has been proactive in its recruiting efforts on the Navajo Nation. Third there numerous construction jobs through the Navajo Housing Authority which has over 200 million to spend on housing. Plus there are 32 grant schools and 33 BIE schools on the Navajo Nation and many are constructing new schools and related buildings. 5) Capitalize on strengths The Navajo Nation is presently in position to leverage the interest income from the Permanent Trust Fund and the 554 million trust settlement referred to as the Sihasin Fund. By utilizing leveraged asset-based financing a portion of the interest income can be used while the remaining balance is reinvested so that the Navajo Nation can continue to grow the principal balance. Leveraging a portion of the interest and having it dedicated to debt service has the potential to have a 200 million to 300 million bond from the capital markets which can be used to fund new economic development or infrastructure projects every five to eight years. The Navajo Nation Council would have to understand this process to make this a reality. This financial leveraging plan would allow the Navajo Nation to preserve and grow its principal balance of both the Permanent Trust Fund and the Sihasin Fund while using capital market funds to build infrastructure and grow the economic base on the Navajo Nation. It s a win-win recipe to building a nation on tribal trust lands. 6) Foster a common vision and mission In the game of business to achieve successful results you need a championship team. Recruiting the right team is critical to bringing the Navajo Nation to a new level of economic awareness. The Begaye-Nez administration plans to transform the Navajo Nation through economic development are very challenging yet achievable. First is creating an economic vehicle the Narbona Growth Fund then restructuring and consolidating the 11 for-profit business enterprises and corporations to become the economic engine where a dividend schedule is implemented. Next is transforming the politically riddled process of board selections to one that is more aligned with that of successful tribal-owned businesses such as the Southern Ute Growth Fund PLANS TO TRANSFORM THE NAVAJO NATION THROUGH ECONOMIC DEVELOPMENT ARE VERY CHALLENGING YET ACHIEVABLE. NANA Development Corporation and Ho-Chunk Inc. Then the Navajo Nation must capitalize on present economic opportunities and leverage the principal interest income of financial assets to build infrastructure and economic development projects. The result is a common shared vision and collaboration where there is a balance between the government and business. What if any are the federal barriers to economic development on the Navajo Nation The primary federal barriers are the federal trust land status of the land identified for development and the lengthy process required to receive approval through the federal government and the Navajo Nation for permits and leases. At this time the only lease that does not require BIA approval for the Navajo Nation is a business site lease. Right of ways schools homes mission sites and telecommunication still require BIA approval. The approval process can take anywhere from a few months to several years. The capital markets have a challenge lending to tribes due to the trust status of the land. If development occurs on fee-simple lands then the property can be leveraged for future growth and development plus more favorable rates are available when the leveraged asset is fee-simple lands. Property on trust lands is challenging to collateralize and the capital market imposes a much higher rate for capital. In addition the Navajo Nation Council is typically asked to extend a limited waiver of its sovereign immunity. There are numerous regulatory requirements that create barriers and impact economic development on the Navajo Nation 1) The Navajo Nation is reservation land held in trust by the federal government for all Navajo individuals. The trust land status prohibits the use of that land as privately owned to secure capitalized equity loans and mortgages for business startup or retention and development opportunities. This prevents private corporations businesses and individuals from investing in real property assets and improvements. 2) The difficulty in using trust land as collateral to access capital markets for development eliminates a major source of equity and security for loans. 3) The Navajo Nation must comply with federal regulatory requirements such as archaeological endangered species NEPA and other environmental concerns. The cost to address the upfront requirements is absorbed either by the Navajo Nation or businesses. Complying with environmental requirements takes a 44 APRIL 2016 tremendous amount of time. You also have to factor in the fact that each federal agency has its own environmental requirements which differ from one agency to the next. For example the more common federal agencies that we have to work with include the Indian Health Service the Bureau of Indian Affairs the Department of Transportation and the Department of Labor (wage rates). 4) There is a lack of proper infrastructure to accommodate the growth development and improvement needs on the Navajo Nation. The majority of the infrastructure was designed and installed for residential needs by the Indian Health Service rather than for commercial uses. Much of that infrastructure was built decades ago and is now in desperate need of maintenance or better yet complete replacement and upgrade. 5) Applications for federal funding to government entities such as USDA Rural Development require a 20 percent match from Indian tribes. How have you streamlined the Navajo Nation s business enterprises to improve efficiency and profitability In June 2013 the Navajo Nation Oil and Gas Company board recruited me to become their president and CEO. The company was generating revenue however the upstream ventures to explore and discover new oil and gas reserves had not been successful. This cost the company millions in drilling numerous dry holes. Prior to becoming president and CEO I was a consultant and had assisted in developing a strategic plan for the board and company. Upon the board of directors selecting me we immediately started to implement the plan to restructure reorganize and optimize operations. In just one year the audited financials revealed record revenues of 154 million and record net revenues of 49 million. What plans do you have to increase retail stores on the Navajo Nation so that tribal citizens don t have to travel so far to obtain the basic necessities of life It has been 40 years since the Navajo Nation has performed a comprehensive In your opinion how can entrepreneurship among tribal citizens benefit the Navajo Nation The more entrepreneurs we have on the Navajo Nation or in any community the more taxes are generated which positively impacts the government the communities and the schools. The increased economic activity also increases the velocity of money meaning that each dollar generated in our local economy circulates more and longer in our economy rather than leaving the reservation quickly as it is doing now. We need to be innovative and assist entrepreneurs through partnerships with tribal colleges for entrepreneurship trainings even starting at the high school level. In informal surveys conducted by Rez Biz magazine of students at two high schools 60 to 80 percent said they wanted to go into business or obtain a business degree upon graduation. This number is higher than mainstream high school students surveyed. Tell TBJ readers about the upcoming Navajo Nation Economic Summit. The Navajo Nation Economic Summit is scheduled for April 11-13 at our Twin Arrows Casino and Resort in Flagstaff Arizona. We have a golf fundraiser scheduled for Monday April 11 at the Continental Country Club then an opening welcome reception that evening. The theme of the summit is stimulating economic growth through sovereignty. Our keynote speaker is Lance Morgan CEO of Ho-Chunk Inc. an award-winning tribal corporation. Some topics include major initiatives and opportunities for the Navajo Nation the role of court system in business and developing tribal economies. APRIL 2016 economic study. The initial study led to the creation of numerous shopping centers across the Navajo Nation in major growth centers. Presently the Navajo Nation Division of Economic Development is implementing its primary and secondary growth center strategies to develop shopping centers and retail stores in major communities to provide convenient access to goods and services business and employment opportunities a tax base through the development for sales and fuel excise taxes and to create multiple effects of Navajo spending dollars to reduce leakage off the Navajo Nation. 45 & Traditional Ways of Life BY ROBIN A. LADUE PH.D The Waterway to Economic Success PART ONE OF A TWO-PART SERIES Salmon and their relatives including kokanee a little red fish beloved by the Snoqualmie people and the cherished steelhead trout that is so coveted by sports fishermen are the backbone of the culture and survival of the Northwest tribes. The relationship of the Northwest tribal people to the noble fish of the region has been celebrated in song ceremony and art. It has also been gently mocked in films one of the most endearing being the exchange between Victor Joseph and Thomas Builds-the-Fire in Sherman Alexie s 1998 film Smoke Signals. DANC ING W ITH SALMO N TRIBAL BUSINESS TRENDS Steelhead trout spawning V TRIBAL BUSINESS TRENDS ictor Joseph You gotta look mean or people won t respect you. White people will run all over you if you don t look mean. You gotta look like a warrior You gotta look like you just came back from killing a buffalo Thomas Builds-the-Fire But our tribe never hunted buffalo we were fishermen. Victor Joseph What You want to look like you just came back from catching a fish This ain t Dances With Salmon you know All joking aside salmon their loss and the attempts to revive the runs are a main priority for tribes and other agencies. A brief review of the history of the salmon is also a brief history of the Native people of the Northwest as the salmon went so did the tribes. In the time before contact and the implementation of the treaties (primarily the Stevens treaties which were written and sometimes signed and ratified in 1855) the rivers of the Northwest which includes Washington Oregon Idaho Montana and Northern California ran wild and free. Reports from the logs kept by Lewis and Clark speak of the huge runs of the silver fish I amused myself in fishing wrote Captain Meriwether Lewis as he and the other members of his expedition made their way west. When they reached the land of the Shoshone they first met the great fish of the Northwest the salmon. Reports from that time estimate that there were anywhere from 10 million to 16 million of the leaping fish making their way to the Pacific Ocean a number so staggering that it is almost impossible to imagine these days when sadly the runs of the beautiful steelhead trout have diminished by 97 percent since 1900. Moving westward into the Columbia Basin and its tributaries other enormous runs of salmon were the source of food for the tribal people. One of the most poignant stories of the loss of this resource is that of Celilo Falls along The Dalles in the Columbia Gorge. Originally Celilo Falls (meaning echo of falling water also known as Wyam) ran approximately three miles up the Columbia River. In addition to being a prime fishing area it was also the site of the oldest continuously inhabited community in North America until the building of The Dalles Dam which submerged the beloved falls and the aboriginal settlements. The protection of Celilo Falls was promised in the treaties of 1855 but 105 years later the completion of The Dalles Dam owned by the U.S. Army Corps of Engineers destroyed the falls and the huge runs of salmon that had sustained the tribal people of the region for 15 000 years. The wording of the treaties regarding fishing rights read as follows The taking of fish at all usual and accustomed grounds and stations is further secured to said Indians in common with all citizens of the territory and of erecting temporary houses for the purpose of curing together with the privilege of hunting gathering roots and berries and pasturing their horses on open and unclaimed lands. Provided however that they shall not take shellfish from any beds staked or cultivated by citizens and shall keep up and confine the latter. The significance of these words was to have enormous ramifications in the decades to follow and in many ways still impacts the fishing rights of the Northwest tribes. These ramifications will be discussed in detail later in this article. The dam at The Dalles was far from the only dam that blocked the return of the salmon to their traditional breeding grounds. There are more than 60 dams in the Columbia River watershed 14 are on the Columbia River and include the enormous Grand Coulee Dam 20 are on the Snake River as it winds through the Idaho wilderness seven are on the Kootenay River seven are on the glorious Pend Oreille Clark River two are on the Flathead River eight are on the Yakima River in central Washington and two are on the Owyhee River in Idaho. Each of these rivers before the construction of the dams was a salmon river. Now these dams blocking the runs of salmon are used primarily for hydroelectric power as well as water storage. While some of the dams have salmon ladders they are inadequate. The result is that the amazingly marvelous and truly unbelievable runs of the silver fish are over. It is not however only the dams on the Columbia River and those mentioned above it is also dams on the Spokane River the Elwha River and the Cowlitz River. In the spirit of disclosure it should be mentioned that this writer is an enrolled member of the Cowlitz Tribe and grew up hearing about the salmon runs that came through Cowlitz Falls now drowned by Cowlitz Falls Dam. Ironically the small lake formed by Cowlitz Falls Dam is called Lake Scanewa in honor of one of the principal chiefs of the Taidnapam (Upper Cowlitz) 48 APRIL 2016 Spawning Kokanee people. It is unlikely that Chief Scanewa would celebrate the loss of the falls and the runs of the precious silver fish. Over the past 161 years since the implementation of the Stevens treaties the salmon has been a source of sorrow for the Northwest tribes. From the unimaginable runs of the time of Lewis and Clark until the present the loss of habitat clean water rivers and lack of interest by governmental authorities has meant that many salmon runs are either completely extinct or on the verge of total collapse. In fact the five species of Pacific salmon (chinook chum coho pink and sockeye) are in a race against the obstacles that they face to survive. The struggle of the salmon the kokanee and the steelhead has become a priority for Northwest tribal fisheries. The problems that occurred from the wording and interpretation of the language of the treaties came to a head with the fishing wars in the 1960s. One important part of the statement was the reference to citizens meaning nonNative people. Native people were not awarded citizenship until 1920 with the exceptions of the states of New Mexico and Arizona. These two states did not provide for Native people to be citizens until 1948 several years after the ending of World War II and well within the memory of many people who are still alive. According to the University of Puget Sound Law Review The right to fish referred to off-reservation fishing. The right to fish within reservation bounds was intended only for Native people allotted onto specific reservations. This stipulation was devastating for landless tribes and is a battle that continues to the present. The fishing wars of the Northwest in the 1960s and 1970s were a direct result of the state and local authorities taking regulatory control over the fish taken by Native people. In a landmark lawsuit Puyallup Tribe v. Washington Game Department 1977 the Supreme Court held that fish taken within the bounds of the reservation had to be counted in the total number of fish taken both on and off reservation lands. This ruling has been challenged and as the 21st century progresses into its second decade significant changes regarding the silver fish of the Northwest have been made. The fishing wars arose from the state of Washington s attempt to control fishing by Native people in defiance of the rights clearly spelled out in the treaties. They have been described as a series of civil disobedience protests in the 1960s and 1970s in which Native American tribes around the Puget Sound pressured the U.S. government to recognize fishing rights guaranteed by the Point No Point Treaty of 1855. In fact the tribal fishermen were practicing their treaty rights. Over the course of the fishing wars tribal fishermen were arrested and jailed on multiple occasions for practicing their basic rights. The brave actions of the men of the Puyallup Muckleshoot Nisqually and other tribes set the stage for the court challenges that led to the Boldt Decision of 1974 that reaffirmed the treaty rights set forth in the Point No Point Treaty. The lawsuit United States v. Washington heard by Judge George Hugo Boldt stated that indeed as had been promised by the broken treaties the tribes were entitled to a take up to 50 percent of fish harvested and even more importantly that the tribes had the rights to equal representation and decision-making regarding the fish of the Puget Sound and its tributaries. Much to the chagrin of the Washington Department of Fish and Wildlife and non-Native sports fishermen the U.S. Supreme Court affirmed this decision in 1979. This affirmation appears to be in direct conflict with the 1977 U.S. Supreme Court decision but the 1974 Boldt Decision is the foundation for what is now the tribal involvement and efforts to save the silver fish of the Puget Sound. The successful outcome of the fishing wars cannot be discussed without mentioning one of the heroes of these wars who willingly submitted to arrest and jailing in the battle for treaty rights. Billy Frank Jr. a Nisqually tribal member was first arrested in 1945 at the age of 14 for fishing with a net. What followed were countless arrests for this brave man. Frank was one of the founding members of the Northwest Indian Fisheries Commission. He successfully guided this organization until his death in 2014. He was posthumously awarded the Medal of Freedom for his bravery and willingness to sacrifice himself for the well-being of his people. ROBIN A. LADUE PH.D. IS A RETIRED CLINICAL PSYCHOLOGIST. SHE IS AN ENROLLED MEMBER OF THE COWLITZ INDIAN TRIBE. SHE IS THE AUTHOR OF THE AWARD WINNING SERIES JOURNEY THROUGH THE HEALING CIRCLE AND THE AWARD-WINNING NOVEL TOTEMS OF SEPTEMBER. SHE SPENT THE 40 YEARS OF HER CAREER WORKING AND TEACHING IN INDIGENOUS COMMUNITIES ALL OVER THE WORLD. EDITOR S NOTE THIS IS THE FIRST PART OF A TWO PART STORY. PART TWO WILL BE PRINTED IN THE MAY EDITION OF TBJ. APRIL 2016 49 Working Hard to Improve Living NATIONAL AMERICAN INDIAN HOUSING COUNCIL TRADE ASSOCIATION PARTNERS When the National American Indian Housing Council (NAIHC) meets in Honolulu next month for its annual convention (May 811) attendees will hear about the how the organization is working to improve housing conditions throughout Indian Country. Conditions in Indian Country BY LEVI RICKERT TRADE ASSOCIATION PARTNERS T his is the real gathering of those still face challenges when it comes to affordable and decent working on the front lines of housing housing in Indian Country. Our biggest goal currently is to help get the Native and community development in Indian Country says Pamala Silas (Menominee American Housing Assistance and Self-Determination Act Oneida) executive director of NAIHC. (NAHASDA) reauthorized says Silas. NAHASDA keeps If you want to leverage the latest innovations financial housing funds flowing to Indian Country. NAHASDA initially passed in 1996 and was reauthorized resources leadership and policy and up-to-the-minute action on Native housing legislation you need to be there. NAIHC in 2008 it is the current federal law that governs the U.S. has teamed with AMERIND Risk the only tribally owned Department of Housing and Urban Development s Native American Housing Block Grants. NAHASDA provides the insurance provider serving Indian Country. One important piece of news for members will be the funnel for federal assistance for Indian tribes in a manner that announcement that in March 2016 NAIHC received 250 000 recognizes the right of self-governance and for other housing purposes. This assistance provides 650 million annually to help train American Indian housing organizations to to Indian Country to meet housing needs. implement the pilot Tribal HUD-Veterans Affairs The federal funds designated for Indian Supportive Housing (VASH) program that Country may grow if the president s assists homeless American Indian 2017 budget which was veterans get into affordable submitted in February housing. This is an is approved. The important program to proposed budget help keep Native Organization National American Indian Housing Council would increase Native Americans veterans Location 900 Second Street Suite 107 Washington D.C. American Housing says Silas. It is a nice Executive Director Pamala Silas (Menominee Oneida) Block Grants funding fit for us. We are about Established 1974 to 700 million to capacity building for Mission To effectively and efficiently promote and address the severe Native housing. support American Indians Alaska Natives overcrowding and Established in 1974 and Native Hawaiians in their self-determined substandard housing the nonprofit NAIHC goal to provide culturally relevant and quality conditions in Indian is the leading national affordable housing for Native people. Country. An additional organization whose Convention AMERIND NAIHC 20 million would be goal is to represent the Annual Convention & Tradeshow provided for projects housing interests of May 8 11 2016 to improve outcomes Native people living Hilton Hawaiian Village for Native youth such in American Indian Waikiki Beach Resort Honolulu as the construction communities Alaska or renovation of Native villages and community centers on Native Hawaiian homelands. Based in Washington D.C. near Capitol Hill health clinics transitional housing preschool Head Start NAIHC champions legislation to improve housing for Native facilities and teacher housing and up to 5 million would be people. It has 271 members representing 463 American Indian used to implement a demonstration of the Jobs-Plus model in tribes and tribal housing agencies. Additionally NAIHC has Indian Country to boost employment and earnings. To strengthen tribal economies NAIHC teaches its members associate individual and organizations memberships that to leverage the federal funds they receive and keep them within support its mission. Even with the great strides made in the last few decades the tribal community by identifying and hiring Native-owned American Indians Alaskan Natives and Native Hawaiians businesses to provide goods and services to tribal housing. 52 APRIL 2016 NATIVE NEWS ONLINE THE NATIONS LEADING SOURCE FOR NEWS AND INFORMATION ON INDIAN COUNTRY. FOR INFORMATION ON ADVERTISING AND SUBSCRIBING CALL 954-377-9691 OR EMAIL SLECHNER TRIBALBUSINESSJOURNAL.COM APRIL 2016 53 Grand opening ceremony Beautiful faces in the crowd National RES RESERVATION ECONOMIC SUMMIT LAS VEGAS The summit which took place March 21-24 brought 3 500 American Indian leaders together for an economic development conference. Grand opening ceremony Sandy Lechner publisher of Tribal Business Journal with S.R. Tommie president of Redline Media Awards luncheon sponsored by TBJ 54 APRIL 2016 NATIVE SCENE Grand opening ceremony Office of Indian Energy Director Chris Deschene Gary Davis president of NCAIED with LDF Business Development Corporation s Chris Soulier Brent McFarland and Melissa Doud Derrick Watchman chairman of NCAIED and Gary Davis president of NCAIED APRIL 2016 55 NATIVE SCENE John Jones chief development officer and Dallin Maybee chief operating officer of the Santa Fe Indian Market Southwestern Association for Indian Arts Mary Kim Titla executive director of UNITY Inc. TBJ Publisher Sandy Lechner former Los Angeles Laker A.C. Green and Rjay Brunkow CEO of Indian Land Capital Company Attendees at the convention NIGA NATIONAL INDIAN GAMING ASSOCIATION TRADE SHOW AND CONVENTION The NIGA Convention was held in Phoenix Arizona March 13-16 where culture and commerce came together and participants gathered to exchange ideas and support. Peterson Zah former president of the Navajo Nation Derrick Watchman CEO of the Navajo Nation Gaming Enterprise Wilson Pipestem founder of Pipestem Law Brian Cladoosby president of the National Congress of American Indians Sandy Lechner publisher of Tribal Business Journal 56 APRIL 2016 CALENDAR GREAT LAKES INTERTRIBAL FOOD SUMMIT NINTH ANNUAL TRIBAL CASINO & HOTEL DEVELOPMENT CONFERENCE Viejas Casino Alpine California ninth-annual-tribal-casino-hoteldevelopment-conference 11&12 NAVAJO NATION ECONOMIC SUMMIT Twin Arrows Navajo Casino Resort Flagstaff Arizona 11-14 NATIVE AMERICAN FINANCE OFFICERS ASSOCIATION (NAFOA) 34TH ANNUAL CONFERENCE Sheraton Wild Horse Pass Resort & Spa Phoenix Arizona events thirty-fourth-annual-conference 17-19 GREAT LAKES INTERTRIBAL FOOD SUMMIT Hosted by the Gun Lake Potawatomi Tribe Jijak Foundation Hopkins Michigan glifs-registration 21-24 April 2016 TWIN ARROWS NAVAJO CASINO RESORT VIEJAS CASINO IN THE NEWS RED LAKE TO CONVERT ENTIRELY TO SOLAR ENERGY WITHIN THE NEXT DECADE The Red Lake Band of Chippewa Indians recently initiated a switch over to renewable energy through partnerships with Innovative Power Systems Inc. (IPS) and Winkelman Building Corporation. In midFebruary a signing ceremony took place at the Red Lake Nation Government Center between the partners and Olson Energy Corporation (OEC) to utilize solar energy for Red Lake tribal government buildings and casinos. Through the government incentive system OEC specializes in launching solar developers. This will be one of the largest solar projects in northern Minnesota as well as a significant step toward energy independence for the tribe. The Red Lake Nation Solar Projects Industry will be developed in three phases says Eugene McArthur jobs and community development facilitator at Red Lake. Phase I will consist of the development of 20 million to 30 million in solar energy equipment to address the high cost of electricity in our larger facilities and provide 10 to 15 megawatts of power three casinos the RL Nation Government Center RL Nation College Justice Center Complex the Humanities Facility etc. David Winkelman of Winkelman Building Corporation and IPS claims the companies will provide the structural electrical and civil engineering for these projects and will even train tribal members on solar energy. The more directly we tap the sun s energy the less pollution we create explains Winkelman. Around the world we mainly use indirect forms of stored solar energy like burning wood coal oil fuel and gas that cause air and water pollution. It is projected that this installation will cost upwards of 20 million. The tribe will only pay 100 000 while OEC will cover the majority of the cost. In five years the goal is to have enough solar power to sustain every home on Red Lake. For The Underbanked Portfolio Management Marketing Consumer Acquisition and Retention Customer Service w w w. M a c F a r l a n e G P. c o m Building A Bridge Serving Indian Country Gookomis Endaad (Your Grandmother s House) 20-bed residential treatment center Lac du Flambeau Reservation Site Design and Master Planning Ecological Services Landscape Architecture & Civil Engineering Structural Engineering Land Surveying Corporate Headquarters Brookfield WI (262) 781-1000 Appleton WI -- Madison WI -- Irvine CA Naperville IL -- Pittsburgh PA Red Lake Chairman Darrell Seki 58 APRIL 2016 DON MARLAIS JOINS NATIVE AMERICAN FINANCIAL SERVICES ASSOCIATION Native American tribal nations and for the 92 million Americans who the FDIC says are unbanked or underbanked. Marlais brings a wealth of experience to NAFSA including a combined nine years representing numerous companies and advocacy organizations before Congress and the administration. He was actively involved in the development of several major financial regulatory laws and provisions including the Commodity Futures Modernization Act SEC staff pay-parity SEC fees reductions Sarbanes-Oxley Act Dodd-Frank and the JOBS Act. He also served as a special counsel at the Public Company Accounting Oversight Board (PCAOB) where he advised the board on registration inspection and enforcement issues relating to accounting firms as well as auditing standards setting matters. Originally from California Marlais holds a J.D. from the Santa Clara University School of Law where he received a certificate in public interest law. He also received a Bachelor of Science from California State University. In 2009 he completed a Master of Law in securities and financial regulation from Georgetown University Law Center. For more information call 505.724.3592 Don Marlais The Native American Financial Services Association (NAFSA) hired Don Marlais as assistant executive director and general counsel. Don s experience working at the intersection of public policy law and politics will be a tremendous resource for NAFSA says Barry Brandon NAFSA s executive director. NAFSA and its members are fortunate to have a professional of Don s caliber working to promote responsible access to credit and to protect Native American sovereignty. I m honored to have such a great opportunity to work with NAFSA and help advance their agenda in Washington and around the country says Marlais. I look forward to helping protect and expand the opportunities tribally owned e-commerce businesses create not only for NAFSA s members but for all With access to more than 300 MILLION CONSUMERS a robust set of metrics the next generation of real-time IDENTITY and BANK ACCOUNT authentication and RISK MANAGEMENT tools CREDIT REPORTS ABILITY CONSUMER COMPLIANCE TO PAY CUSTOM RISK SCORES ANALYTICS MANAGEMENT BANK ALTERNATIVE DATA VERIFICATION BUSINESS LOSS PREVENTION 1-800-295-4790 email sales IDENTITY VERIFICATION WE CAN HELP PREVENTION RISK FRAUD APRIL 2016 59 IN THE NEWS SMALL BUSINESS TO INSURE PROTECT TRIBES Insurance expert Rob Salas (Luiseno La Jolla Band of Mission Indians) launched Tribal Indemnity LLC based in Phoenix to serve tribal governments tribal enterprises and 638 programs. Tribal Indemnity provides in-house licensed and professional insurance program management. The business operates within an innovative model and guiding principles to work directly with and for the tribes efficiently manage costs and portfolios dramatically reduce cost negotiate fair cost-saving agreements and invest into the community. Salas extensive experience in the industry as well as his network in Indian Country afforded him the foundation and knowledge to start his business at a very minimal cost. Salas understands that starting a business can be a risk. You have to have a certain level of risk tolerance and thankfully my wife has faith in me he says. You also have to have capital put aside and belief in Indian Country. I believe that if I invest my time my effort and my energy in Indian Country this is going to work. Salas opened his own Farmers Insurance agency in 2005 which he ran with his wife Kim Moore-Salas until he was introduced to Alternative Risk Transfer insurance programs. It s like the back end of insurance he says. In 2013 he led the tribal unit of another firm and handled the volatilities of working with tribes and their entities. While working with tribes Salas noticed that the people who are making the decisions are non-Native people and their scope and interest are limited to what they know. They are very professional and hired to do a task he explains. But when they go home at the end of the day they re taking their kids to Boy Scouts or Cub Scouts meetings and we re taking our kids to Morning Star [Native youth leadership council meetings]. Last year Salas felt that it was time to put into action the skills and ideas he d gained over a decade in the insurance 60 APRIL 2016 TELEVISION CHANNEL ALL NATIVE NATIONS PLANNED FOR U.S. BY CANADIAN APTN industry and his understanding of tribal economic development sustainability succession planning and self-determination. Originally from Los Angeles Salas has lived in Arizona since 1992. He and his wife have been together for 20 years. They are the proud parents of three beautiful daughters. For more information about Tribal Indemnity call Rob Salas at 623.826.0969 or visit Canadian-based Aboriginal Peoples Television Network (APTN) has announced its intention to launch the 24-hour All Nations Network (ANN) in the United States that will feature Native news sports scripted shows lifestyle feature-length movies and children s programming that is written produced and directed by primarily American Indians. The new network will be headquartered in Santa Fe New Mexico and distribution in the U.S. is being represented by Castalia Communications. The effort has been endorsed by celebrities from Robert Redford to Native actor Graham Chris Eyre (Cheyenne Arapaho) APRIL 2016 61 IN THE NEWS Greene who was nominated for an Academy Award for best supporting actor for his role in Dances with Wolves. Chris Eyre (Cheyenne Arapaho) who won Sundance Film Festival and Directors Guild of America awards will be working closely with the ANN launch in the United States. In 2016 it is essential that progressive portrayals of Native Americans be available to all cable and satellite subscribers Eyre says. ANN s mission is to provide a 24 7 channel for true Native American content of all kind. It s not an abstract and this channel is long overdue. We think the time is right for Native Americans to have their own channel and are happy to see the positive discussions Castalia has had with major U.S. pay TV operators says Jean LaRose APTN s chief executive officer. Certainly our experience in Canada has been one of creating and providing opportunities for our producers and our storytellers to tell our stories in our words to our people and to the world. Native American producers are poised and eager to have the same opportunities and we believe that we can work together to provide a unique window into the lives past present and future of this community. APTN has not yet announced a timetable when the All Nations Network will be launched. May 8 -11 2016 Annual Convention & Tradeshow Visit or for more information. 62 APRIL 2016 TRIBAL FINANCIAL ADVISORS REBRANDS AS TFA CAPITAL PARTNERS Tribal Financial Advisors has announced its new name TFA Capital Partners. Established in 2009 the company has grown to serve the financial needs of American Indian tribes in Indian Country assisting tribes raise over 3.5 billion of capital as well as saving more than 300 million in interest payments and other associated financial costs. TFA Capital is building on its successful track record by adding resources and expanding its services to include a complete range of investment banking services. Complementing the firm s core expertise in capital raising and strategic advisory its clients will now have access to independent buy- and sell-side M&A advisory restructuring advisory and operational consulting. Additionally it will provide investment banking expertise in the commercial gaming and leisure sector. TFA Capital s expanded capabilities are a direct reflection of what we ve heard from our tribal clients about the need for additional support and expertise as they explore alternate means of creating value for their communities says the company s chairman Kristi Jackson. TFA Capital Partners is an independent TFACP Leadership corporation headquartered in El Segundo California with an office in Charlotte North Carolina. Helping you make the right decision at the right time Information is a powerful thing. And the right information--analyzed by experienced people-- can help all of us learn from the past navigate the present and predict the future. That s why we go beyond credit data-- to offer the insights businesses and consumers need to make informed decisions and do great things. Our diverse sets of data and analytic solutions deliver meaningful insights to help you spot opportunities and manage risk. LEARN MORE Visit for more information APRIL 2016 63 WASHINGTON UPDATE Indian-Owned Businesses Should See More Procurement Contracts Under New Buy Indian Policy BY PHILIP BAKER-SHENK AND KAYLA N. GEBECK n Jan. 12 2016 the U.S. Department of the Interior s Bureau of Indian Affairs (BIA) announced a new policy to improve the implementation of the Buy Indian Act of 1910. The policy announced in a memorandum by acting Deputy Assistant Secretary for Indian Affairs James Burckman comes in response to a U.S. Government Accountability Office (GAO) report released in July 2015 which criticized the federal government s enforcement of the act. The Buy Indian Act authorized certain federal procurement contracts to be set aside for preferential awards to Indian Economic Enterprises (IEEs) for all procurement contracts issued by the BIA the Bureau of Indian Education (BIE) the office of the Interior Assistant Secretary Indian Affairs (AS-IA) and the Indian Health Service (IHS). In 2013 regulations were issued that defined IEEs as companies that are at least 51 percent Indian-owned. While the BIA and IHS have obtained services and supplies from IEEs under the act since 1965 the GAO found that Buy Indian procurements have comprised only a small percentage of annual BIA and IHS contract obligations. This was the result of limited knowledge and implementation of the set-aside in regional or area offices where contracts are often awarded. NEW POLICY HIGHLIGHTS To address the concerns raised by the GAO the BIA s new policy Directs that all BIA BIE Office of the Special Trustee for American Indians (OST) and AS-IA acquisitions be subject to the Buy Indian Act policy whenever authorized and practicable including acquisitions for supplies administrative and custodial services and some construction contracts. Indicates when deviations from the policy may be authorized. Requires quarterly reporting on Buy Indian Act acquisitions to better monitor deviations and challenges. It is expected that this policy will expand contracting opportunities for IEEs. Those interested in contracting should monitor the Federal Business Opportunities website to identify opportunities where there is a Buy Indian set-aside. O PHILIP BAKER-SHENK IS A PARTNER IN HOLLAND & KNIGHT S NATIVE AMERICAN LAW AND ENTERTAINMENT LAW PRACTICE GROUPS. HE PROVIDES LEGAL AND POLICY REPRESENTATION TO DOZENS OF NATIVE AMERICAN INDIAN TRIBAL GOVERNMENTS AS WELL AS TRIBAL ORGANIZATIONS AND COMPANIES DOING BUSINESS WITH INDIAN TRIBES. KAYLA GEBECK IS A PUBLIC AFFAIRS ADVISOR AT HOLLAND & KNIGHT S WASHINGTON D.C. OFFICE AND A MEMBER OF THE FIRM S NATIVE AMERICAN LAW PRACTICE GROUP. SHE PROVIDES ASSISTANCE TO TRIBAL GOVERNMENTS AND THEIR ENTERPRISES ON LEGISLATIVE AND REGULATORY MATTERS. 64 APRIL 2016 TBJ is looking for bright creative Native American professionals to join our growing team in the areas of Advertising Sales Editorial and Production. Please send your resume to slechner APRIL 2016 Join The TBJ Team 65 LAST LOOK Din Nabahe Navajo warrior traditional dancer by Rueben Richards Traditional Dancer R ueben Richards has won numerous awards He received a gold medal from the National Museum of American Art s Educational Outreach Program he was awarded first place at the Eight Northern Pueblos Art Show in 1994 and the next year his entry in SWAIA s Indian Market received ribbons for second place third place and honorable mention. His painting Spirit of Yei was also selected by the Pueblo Grande Museum in Arizona to advertise their 1998 invitational Indian Market. The above acrylic painting Din Nabahe graces the wall of Redline Media Group s President S.R. Tommie s office. To contact the artist please email Rueben_Richards or friend him on Facebook at rueben.richards. 66 APRIL 2016 The Royal Flush of casino marketing. Redline Media Group is a full service creative marketing and advertising agency. Our Team has extensive experience in the development of targeted casino marketing campaigns player activation prospecting and development initiatives. CREATIVE DESIGN DIRECT MAIL IN-ROOM iVIEW VIDEO PRODUCTION MEDIA PLANNING & BUYING STRATEGIC AD PLACEMENT SOCIAL MEDIA 1-855-9-GO2RMG (1-855-946-2764) TRIBAL COMMUNITIES ARE GENERATING SIGNIFICANT REVENUE FROM THEIR FORESTS WITH AMERICA S LEADING DEVELOPER OF FOREST CARBON PROJECTS. Tribal leaders are looking for new ways to provide future generations with a strong economic foundation while preserving tribal values. Many are turning to their forest for answers... By developing a carbon finance program tribes are making a commitment to forest conservation and making money doing it--up to 50 million or more in the first year. Tribes can still harvest their forests every year--as long as it s not more than the annual growth. This new opportunity is largely due to new trends in climate change legislation starting in California with 2 billion available to landowners who practice sustainable forestry and help companies reduce their green-house gas emissions. Unique in the tribal carbon industry Finite Carbon s team includes tribal leaders who understand that each federally recognized Indian tribe is a sovereign nation with its own history customs laws and practices. Finite Carbon respects tribal sovereignty and works with each tribe to help determine whether a carbon finance program is right for their community. Finite Carbon didn t just deliver a successful project. They built a strong relationship with the entire tribal community and took the time to understand our culture and values. For that the Passamaquoddy is proud to call them friends as well as partners. FOREST SUPERVISOR ERNIE NEPTUNE PASSAMAQUODDY TRIBE Finite Carbon is developing 300 million in offsets on over 1.6 million acres of US forest land. From education and evaluation to marketing and sales our team of professional foresters and tribal leaders is Indian Country s premier tribal carbon partner. Connect with the Finite Carbon team to learn more about this exciting new opportunity. Contact Dylan Jenkins at 570.321.9090 or visit us online at