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JULY 2017 7.95 AMERIND Risk CEO wants superior coverage at lower prices THE 21ST-CENTURY VOICE FOR BUSINESS INVESTMENT AND PROFITABLE ECONOMIC DEVELOPMENT OPPORTUNITIES IN INDIAN COUNTRY Derek Valdo reconnecting people to the land Strengthening Native Nations and Expanding Tribal Sovereignty Through Land Acquisition Indian Land Capital Company is a Native-owned certified Community Development Financial Institution (CDFI) providing financing to Native nations for economic development and land acquisition. www.ilcc.net 2 JULY 2017 www.tribalbusinessjournal.com Protecting the Sustainability of YOUR Sovereign Nation CKP INSURANCE MANAGES RISKS... SO YOU CAN MANAGE EVERYTHING ELSE. SIGN UP BEFORE THE NOV. 15TH DEADLINE Protect Your PRF (Pasture Rangeland Forage) Our trusted risk advisors are trained to help you understand and analyze complicated insurance data so you can make the most informed decision for your tribe. Our goal is to ensure you never purchase unnecessary coverage and pay more than you need. Protect your land and livelihood against potential losses during times of drought. Why now Very affordable Government subsidized Premiums are not due until October 1 No adjusters needed No record-keeping Protects your cash flow Anyone can sell you a policy. But CKP invests the The USDA Risk time to understand Management Agency your individual helps protect your needs and develop Pasture Rangeland a strategy that will produce the best and Forage (PRF) from coverage results. the elements. Contact your CKP Trusted Risk Advisor today. 877-CKP-INS1 (877-257-4671) ckpinsurance.com 3 www.tribalbusinessjournal.com JULY 2017 TABLE OF CONTENTS JULY 2017 VOL.2 NO.7 14 AMERIND Risk CEO Derek Valdo wants to help tribes businesses save money Cover Story 6 Publisher s Letter 8 Editor s Letter 38 Feature Trump s Budget Special Report on Energy 40 Feature Economics of Disenrollment 20 Interview with Chris Deschene 24 Differing views on coal 28 Pipeline issues continue 30 Solar projects launched 34 Tribes buy hydro-electric dam 36 Seneca Nation turns to wind power 44 Feature Medal of Freedom 46 Feature Treaties Part 3 50 Entrepreneurial Spirit Native American incubators 53 54 56 58 60 61 62 63 64 66 Calendar Financial Services Law Tourism Communications Business Ethics Native Scene Procurement In the News Last Look CORRECTIONS An article in the May issue on corporate supply chains used an incorrect gender pronoun for Mr. Germaine L. Reece manager Supplier Diversity for the Home Depot. An article in the June issue had an incorrect title for Derek Valdo CEO of AMERIND Risk. In a May article Pioneering Hero on Wilma Mankiller the following were incorrectly stated Wilma Mankiller was awarded the Presidential Medal of Freedom in 1998 not 1963. In 1956 Mankiller s family eventually ended up in Hunters Point not Daily City. Mankiller never ...worked her way up through the ranks of the tribal council... Her first elected position with Cherokee Nation was deputy chief in 1983. 4 JULY 2017 www.tribalbusinessjournal.com Focusing on Innovative Tribal Economic Development and Corporate Governance Creation of Long Lasting Corporate Structures and Entities Sound Business Acumen and Finance Expertise Proven Negotiation Skills that Emphasize and Respect Tribal Sovereignty Financial Services and Tribal Lending Creative Solutions to Complex Problems Successful Litigation Strategy Development www.rosettelaw.com 193 Blue Ravine Road Suite 255 Folsom CA 95630 (916) 353-1084 (916) 353-1085 nstgermain rosettelaw.com 565 W. Chandler Blvd. Suite 212 Chandler AZ 85225 (480) 889-8990 (480) 889-8997 rosette rosettelaw.com 25344 Red Arrow Highway Suite B Mattawan MI 49071 (269) 283-5005 (517) 913-6443 kwichtman rosettelaw.com 1100 H St. N.W. Suite 400 Washington D.C. 20005 (202) 652-0579 (202 525- 5261 sbazzazieh rosettelaw.com www.tribalbusinessjournal.com JULY 2017 5 PUBLISHER S LETTER A Great Summer Starts With Native American Hospitality I Publisher Sandy Lechner speaking at RES Hello Friends hope everyone is having a great summer and enjoying some outdoor activities with family and friends. We are thrilled to feature AMERIND Risk CEO Derek Valdo on our cover this month. Derek is certainly representative of the 21st century face of economic development in Indian Country. Derek and his team are forward thinking dynamic and doing their part to enhance life and business in Indian Country. As TBJ continues to grow and we make meaningful relationship with Indian Country leaders across our great country we gain great experiences in Indian Country. Recently I was able to attend an authentic Mashpee Wampanoag clam bake held by my friends Mashpee Wampanoag Chairman Cedric Cromwell and Mark Harding COO of Tribal Carbon Partners president of the Mashpee Wampanoag Community Development Corp. and president and CEO of WampWorx Renewable Energy. The attendees included Indian Country leaders attending the National Congress of American Indians Mid Year Conference at the Mohegan Sun. Thank you to my friend Mohegan Chairman Kevin Brown for his warm hospitality as our host for NCAI. Also thanks to Mashantucket (Western) Pequot Chairman Rodney Butler for inviting us to a 25th Anniversary celebration at Foxwoods. It was such an honor and pleasure to get to know many leaders on a more intimate and personal level. The stories of perseverance generational learning and respect and of course the trauma are profound and inspirational. I continue to gain a deeper respect and appreciation for my Native American friends and business associates and have a greater resolve toward the mission of TBJ and our collective dream of sustainable progressive economic development throughout Indian Country. I am looking forward to attending a few Pow Wows this summer and to expanding our understanding and knowledge of the amazing culture history and traditions in Indian Country. Please make sure you let us know about any special meetings or gatherings happening with your tribe business or tribal organization. We will make our best effort to attend and at a minimum please make sure we are including the date in our calendar and photos in our Native Scene pages. With Warm Regards Sandy Lechner Publisher Sandy Lechner may be reached at slechner tribalbusinessjournal.com or 954.377.9691. 6 JULY 2017 www.tribalbusinessjournal.com UIC FAMILY OF COMPANIES UIC Design Plan Build LLC UIC Government Services LLC UIC Marine Services LLC Umiaq LLC UIC Oil & Gas LLC Committed to your success The UIC Government Services (UICGS) office opened for business in Dahlgren VA in 1999 to develop tailored solutions for government and private sector customers in information technology and assurance program management logistics and warehousing and research management. Today UICGS and its subsidiary companies are recognized leaders in technical and professional services as well as products manufacturing and supply with contracts that reach across the United States and span the globe. Our reputation has been forged through exceptional performance and our success built upon delivering meaningful benefits to our customers. Just ask the U.S. Air Force U.S. Army U.S. Navy U.S. Department of Defense or any of the dozens of partners we have the privilege to work with every day. A member of the UIC family of companies 703.578.5566 www.bowheadsupport.com www.tribalbusinessjournal.com JULY 2017 7 EDITOR S LETTER Editor-in-Chief Levi Rickert (Prairie Band Potawatomi Nation) ver the past decade buy local campaigns have proven to boost community economies throughout the United States. It may begin with a local restaurant buying fresh farm products such as eggs dairy and vegetables from the local farmer. In turn the local farmer buys his farm supplies from the local farm supply store. The local farm store buys local advertising from the local newspaper...and on and on. Some cities utilize their local chamber of commerce to spur the buy local concept. Other cities have established non-profits that promote the buy local principle. The premise of buying local goes beyond simply putting more money into the pockets of the local business owners. In most cases when put into practice buying local creates jobs because local businesses produce more goods and services. Imagine how prosperous American Indian tribal economies would be if tribes purchased goods and services from tribal business owners. When gaps are discovered (the lack of goods or service) the tribe would incubate new businesses to fill the gaps in goods and services. According to statistics released last year from the U.S. Census Bureau s Survey of Business Owners American Indian- and Alaska Nativeowned businesses comprise 1 percent of the total U.S. economy. With American Indians and Alaska Natives making up 2 percent of the total population in the country there is room for substantial growth of American Indian- and Alaska Native-owned businesses. Navajo Nation President Russell Begaye mentions the need for business creation among American Indians in speeches he makes at national American Indian conferences. He says that 80 percent of the contracts he signs on behalf of the Navajo Nation go to nonNative businesses because of the lack of Native businesses. One area President Begaye does not have to worry about is insurance. The Navajo Nation is among the 400 tribes that purchase insurance from AMERIND Risk which was founded in 1986. The premise was then and continues to Keeping the Money Flowing in Indian Country have an insurance company that helps keep Indian money within Indian Country. AMERIND Risk provides property liability and workers compensation insurance for tribes tribal governments tribal businesses as well as individual property coverage and employee benefits. It is the only 100 percent tribally owned and operated insurance provider committed to Indian Country. Derek Valdo president and CEO of AMERIND Risk shares a vision that includes the possibility of creating a financial institution that is 100 percent owned by American Indian tribes. The next big thing I think for AMERIND RISK is our ability to really unite tribes to see that there is power in numbers. I m actually pretty excited we are having some discussions with some other tribal CEOs and some councils saying Hey what if we put all our money together and create a financial banking institution that is 100 percent owned by tribes ponders Valdo. Whether or not Valdo s vision comes a reality AMERIND Risk already is doing its part to keep money in Indian Country. TBJ is proud to feature Derek Valdo (Pueblo of Acoma) in the July cover story where you can read more about the success of AMERIND Risk. Levi Rickert (Prairie Band Potawatomi Nation) Editor-in-Chief Levi Rickert may be reached at 616.299.7542 or lrickert tribalbusinessjournal.com. 8 JULY 2017 www.tribalbusinessjournal.com www.tribalbusinessjournal.com JULY 2017 9 PUBLISHER Sandy Lechner slechner tribalbusinessjournal.com EXECUTIVE EDITOR Kevin Gale kgale sfbwmag.com EDITOR Levi Rickert lrickert tribalbusinessjournal.com (Prairie Band Potawatomi Nation) ASSOCIATE EDITOR Andrea Richard arichard sfbwmag.com Business Development Managers Rob Jacobs rjacobs tribalbusinessjournal.com (Lumbee Tuscarora) Craig Waldman cwaldman tribalbusinessjournal.com Writers Amanda Crocker Gary Davis Debra Krol Robin A. Ladue Ph.D. Randall Slikkers April D. Tinhorn Adolfo Vasquez Karrie Wichtman Glenn C. Zaring Creative CREATIVE DIRECTOR Melanie Smit ART DIRECTOR Frank Papandrea Marketing and Events Jennifer Barb jbarb lmgfl.com Estefania Marin emarin lmgfl.com Controller Josh Wachsman jwachsman lmgfl.com Administration Accounting Circulation Manager Monica Bridgewater-Wilson monica lmgfl.com Director Devon Cohen Chairman Gary Press gpress tribalbusinessjournal.com TBJ Magazine 3511 W. COMMERCIAL BLVD. SUITE 200 FORT LAUDERDALE FL 33309 954.377.9470 FAX 954.617.9418 WWW.TRIBALBUSINESSJOURNAL.COM 2016 TBJ magazine is published by Tribal Media Holdings LLC all rights reserved. Tribal Business Journal is a publication of Tribal Media Holdings LLC which has teamed with LDF Business Development Corp. a wholly owned entity of the Lac du Flambeau Band of Lake Superior Chippewa Indian Tribe and Lifestyle Media Group. 10 JULY 2017 www.tribalbusinessjournal.com R SCHOLA SH UR IP G OLF TO NA MENT www.tribalbusinessjournal.com JULY 2017 11 TBJ ADVISORY BOARD Rjay Brunkow (Turtle Mountain Band of Chippewa Indians ) CEO Indian Land Capital Company Robert Joe (Navajo) Chief Operating Officer for the Office of the President and Vice President Navajo Nation APRIL 2016 7.95 Ernie Stevens Jr. (Oneida) Chairman National Indian Gaming Association Jeff Doctor (Seneca Nation) Executive Director of the National Indian Cannabis Coalition John B. Lewis Gila River Indian Community Utility Authority Transforming the Navajo Nation Robert Joe Vernelle Taylor (Gros Ventre Tribe) Director of Tribal Relations Flintco Constructive Solutions THE 21ST-CENTURY VOICE FOR BUSINESS INVESTMENT AND PROFITABLE ECONOMIC DEVELOPMENT OPPORTUNITIES IN INDIAN COUNTRY TBJ Cover.indd 1 3 7 16 4 15 PM Gary Davis (Cherokee) CEO of NAFSA Native American Financial Services Association Kip Ritchie (Forest County Potawatomi) CEO Greenfire Management Services LLC Heather Dawn Thompson (Cheyenne River Sioux Tribe) Practice Group Attorney Greenberg Traurig LLP Mark Harding (Mashpee Wampanoag Tribe) President Mashpee Wampanoag Community Development Corporation Roxie Schescke (Rosebud Sioux) President Indian Eyes LLC S.R. Tommie (Seminole Tribe of Florida) President Redline Media Group Chris James (Cherokee ) President and CEO of the National Center for American Indian Enterprise Development Pamala Silas (Menominee) Executive Director National American Indian Housing Council Robert Weaver (Quapaw Tribe of Oklahoma) President RWI Benefits LLC Dylan Jenkins Vice President of Portfolio Development Finite Carbon Katherine Spilde Ph.D. Chair Sycuan Institute on Tribal Gaming at San Diego State University Karrie Wichtman (Sault Ste. Marie Tribe of Chippewa Indians) Managing Partner Rosette Law 12 JULY 2017 www.tribalbusinessjournal.com 89583_KeyBank_NativeAmericanPrint_EconDev 7.325 x 4.9 .125 bleed 4c Tribal Business Journal Building for the future of your Nation When Native American Nations look for a bank to help build a legacy of nancial stability they turn to us. That s because Key s commitment runs as deep as each Tribe s culture. With over 60 years of experience 4B in capital deployment and 1.2B in investment and trust management we know how to provide tailored nancial solutions for today s challenges and tomorrow s legacy. To learn how we can help your Nation succeed visit key.com nativeamerican. Credit products are subject to credit approval. Key.com is a federally registered service mark of KeyCorp. 2017 KeyCorp. KeyBank is Member FDIC. E89583 160909-129554 89583_KeyBank_NativeAmericanPrint_EconDev_Tribal.indd 1 5 4 17 12 00 PM ANNIVERSARY 2000 ATTORNEYS 38 LOCATIONS WORLDWIDE 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. 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 The hiring of a lawyer is an important decision and should not be based solely upon advertisements. Before you decide ask us to send you free written information about our qualifications and our experience. Prior results do not guarantee a similar outcome. Contact Jennifer H. Weddle in Denver at 303.572.6500. Greenberg Traurig is a service mark and trade name of Greenberg Traurig LLP and Greenberg Traurig P.A. 2017 Greenberg Traurig LLP. Attorneys at Law. All rights reserved. These numbers are subject to fluctuation. 28596 www.tribalbusinessjournal.com JULY 2017 13 Derek Valdo s Quest AMERIND RISK EXPANDS TO MEET THE NEEDS OF INDIAN COUNTRY BY KEVIN GALE This isn t your father s AMERIND Risk. AMERIND and CEO Derek Valdo (Acoma Pueblo) have been celebrating a 30-year anniversary with services that go far beyond insuring residences. Tribal leaders are turning to AMERIND for tribal insurance workers compensation employee benefits and deployment of broadband systems. Valdo expects new lines of coverage to continue emerging to meet the needs of Indian Country. 14 JULY 2017 www.tribalbusinessjournal.com COVER STORY www.tribalbusinessjournal.com JULY 2017 15 aldo has nearly 17 years of experience at AMERIND and was director of safety services before his elevation to CEO. He helped reduce preventable claims such as kitchen fires by 15 percent with educational campaigns. Before joining AMERIND Valdo worked with the Pueblo of Acoma Housing Authority for five years performing grant writing procurement and design of housing development. Valdo has been highly involved in Indian Country on a local and national basis. He has served as a councilman for Acoma Pueblo for 12 years and as a board member of the National Indian Child Welfare Association for five years. He has served as southwest regional vice president for the National Congress of American Indians for six years. Valdo started his studies at Stanford University but a family illness led him to move to New Mexico where he earned a bachelor s degree in economics with a minor in management at the University of New Mexico. Valdo was recently interviewed by 16 JULY 2017 www.tribalbusinessjournal.com WE TRY TO BE AS FLEXIBLE AND CULTURALLY SENSITIVE AS POSSIBLE FOR OUR TRIBES AND INSURE WHAT S IMPORTANT TO THEM. TBJ. The following transcript has been edited for brevity and clarity. TELL TBJ HOW AMERIND WAS LAUNCHED. AMERIND was created in 1986. Commercial America looked at rural Indian Country and said it was too risky. The premiums they charge were pretty exorbitant. Every federally recognized tribe that was receiving Housing and Urban Development assistance became a member of AMERIND from day 1. The National American Indian Housing Council worked with HUD to create AMERIND. We really think of them as a sister organization versus a partner. We were capitalized by HUD and we have been rock and rolling ever since. HOW MANY PROPERTIES DO YOU COVER NOW We insure a little more than 11 billion in properties nationwide--65 000 single-family dwelling units a little over 4 000 multifamily and commercial units. Even today we don t run into any COVER STORY competition for the residential homeowners or renters insurance policies in rural America. The farther away you get from a major urban center the fewer insurers there are that want to insure on tribal land. We insure traditional stick frame homes adobe homes and have a unique product for Seminole Tribe chickee huts. They are of cultural significance and they asked us to insure them. I don t know if there are a lot of insurers out there that would look at a traditional building like a chickee a log house or an earth mound home and some of the other traditional buildings that exist in tribal communities and want to insure them. We try to be as flexible and culturally sensitive as possible for our tribes and insure what s important to them. I VE READ THAT AMERIND IS INCREDIBLY RESPONSIVE WHEN DISASTER STRIKES. HOW DO YOU ACCOMPLISH THIS AMERIND is basically a mutually self-insured government risk pool. Our members are our owners and we know that many of the tribes don t have a lot of financial resources at their disposal so it s very important for us to be responsive. If you read about our experience in the Southern California wildfires which destroyed over 120 homes on a few reservations we were the first insurer to rebuild all of our houses. We did that within a year and closer to nine months from the date of loss. With the housing shortage in tribal communities they don t have very many places to go. Our board is very sensitive to customer service and timely claims payments. When you really think about participating in a government risk pool the incentive is different. The incentive is to make sure members are made whole first. I would say that in a stock insurance company the emphasis is to maximize dividends and stock appreciation for shareholders. WHAT ARE OTHER AREAS OF COVERAGE THAT AMERIND HAS BECOME ENGAGED IN BEYOND HOUSING While we started in residential we figured out after 15 years that property is property in Indian Country. There is really little difference between adjusting a residential loss and a commercial loss for a tribal government convenience store library a hospital or any other property and equipment that a tribe may own and AMERIND can insure. We extended our insurance to tribal governments and tribal businesses. This also allowed us to expand into workers compensation. We provide an alternative to state programs and some of the commercial products that are out there. We also acquired a retail benefits agency for employee benefits so we provide core benefits as well as supplementary and voluntary benefits for tribal employees. Many of our members have an open door with us. I have friends in Alaska California Florida and Maine. It s more than just policy numbers and accounts. You can put faces to the policyholders and names to commercial accounts. We go to tribal ceremonies. We have expanded operations because tribes are becoming more sophisticated and larger economic players. We have created a reinsurance company because with some tribes the bigger they are the more efficient it is to self-insure and just buy catastrophic insurance for the top layers. Some of the large tribes have a self-insured retention of 250 000 on any one loss and 1 million on any one occurrence. They are taking 95 percent of the risk in that kind of arrangement and really just looking for support across the top. If you think of the AMERIND model we do the same for small and medium size tribes. They don t have the buying power to take risk head on. Our average deductible is 500. All of our competitors start at 5 000 and go all the way up to 250 000. Even at a 10 000 deductible you are probably paying 70 percent of each and every loss if you are self-insuring. WHAT ARE THE BIGGEST CHALLENGES FOR AMERIND Tribes are growing and the emphasis on federal legislation and cost control and reducing discretionary spending is going to impact Indian Country in every facet. Some of the proposals that are out there to decrease discretionary funding by 20 percent are going to devastate Indian Country. We are the major player in Indian housing--we retain 95 percent of that market--but we ve only tapped about 8 to 10 percent of the tribal government space. As for workers compensation we hold only 15 percent of the market. What we see as an issue for tribes in terms of having to tighten the belt and control expenses is they are looking at alternatives to higher-priced items like insurance. If you look at any tribal or any company budget after salaries and benefits insurance is probably in the top five of overall expenses. We ve actually had a large increase in requests for proposals. In the past we would have to fight and really work hard at convincing a tribal government or Tips on Buying Insurance Valdo offered these tips to consider when buying and reviewing policies. Read the fine print and not just the declarations page. For example a policy may tell tribes they have 20 million of flood insurance but the fine print says it just covers property in flood zones C D and F. Another policy might have a declarations page that talks about a billion dollars of property coverage but the fine print says payment is only based on the schedule in the policy. Don t overpay for an unnecessary higher limit. I might buy a policy for 1 million but my house is only worth 100 000. At the end of day if I ever have a loss the most I m ever going to get is 100 000. You are paying for that higher limit when you will never actually use it Valdo says. Conduct an audit to inventory what s covered. A lot of time we go through an audit of a tribal policy and they will be insuring things they haven t owned for three or four years Valdo says. www.tribalbusinessjournal.com JULY 2017 17 COVER STORY have been able to grow the company by almost 70 percent in the last five years. WHAT DO YOU WANT TO ACCOMPLISH NEXT FOR AMERIND We have been expanding and growing in areas where tribes need the expertise. We have been approached for property mortgage insurance. There s recent legislation or action in the federal government where it is saying Tribes you have to waive your sovereignty. We re not going to agree to tribal jurisdiction. That s sort of cutting off access to private mortgage insurance. Ever since I ve been at AMERIND there has been a call for performance bonds. That s a whole different type of insurance. As we continue to grow and expand I think some day AMERIND will be a player in that kind of product. The next big thing I think for AMERIND is our ability to really unite tribes to see that there is power in numbers. I m actually pretty excited we are having some discussions with some other tribal CEOs and some councils saying Hey what if we put all our money together and create a financial banking institution that is 100 percent owned by tribes Right now they are discussing over coffee and writing things down on napkins and really trying to get these newer generations of tribal leaders and tribal business executives to strategize about how we take those next steps and really maximize our financial prowess. AMERIND Risk s Board of Directors represent the nine regions that AMERIND serves across Indian Country. business that they should trust the small Indian insurance company. We all have been conditioned to buy from the big companies. In insurance they want you to buy the umbrella the hands--those people who spend million of dollars on advertising and have more surplus than many countries. But you pay for that right You pay a premium for those coverages. I think tribes are slowly learning how to keep tribal dollars circulating within Indian Country and AMERIND is a great example of that. Insurance is a financial services industry and governmental risk pools have been in existence since 1986--the same year AMERIND was created. Most states counties and city governments don t buy insurance they join their public entity risk pools and they keep the money within their control. That s really kind of the power of AMERIND. We are 100 percent owned by 420-plus tribes. Any surpluses or positive net income we generate benefits our owners. We have been able to grow and build our financial strength while at the same time in the past five years we have 18 JULY 2017 www.tribalbusinessjournal.com refunded a little over 12 million back to our owners. Unless you are a stockholder of a company you normally don t get premiums back from the insurance company. Our product on average is priced 25 percent less than all of our competitors. Our board of directors is all from Indian Country. They intentionally limit our profit and surplus to 5 percent. We operate very similarly to the Progressive model where they limit operating expenses to less than 35 percent. AMERIND operates at 30 percent meaning 65 percent goes back to claims and loss adjustments then that 5 percent is our surplus. When I took over the company we had 31 million in annual revenue. Last year we closed at 49.5 million of revenue. We AMERIND Risk line of business Native American Homeowners and Renters Insurance Coverage of dwelling replacement personal belongings other structures personal liability loss of use and builder s risk (for when a home is under construction or renovation). Tribal Workers Compensation Provides tribal governments housing authorities and businesses an alternative to state workers compensation programs and eliminates the need to comply with state law. Tribal Governments and Businesses Coverage is designed to provide property and liability protection. Coverage may include business income employment practices liability law enforcement medical professionals floods earthquakes equipment breakdown and errors and omissions for tribal officials and employee benefits. AMERIND Benefits Customized packages and administration for employee benefits solutions including health vision dental disability and life plans and more. AMERIND Critical Infrastructure Provides professional management and design services including applications for subsidies grants and loans to bring broadband to tribes businesses and communities. We make loans in Indian Country provides economic opportunities and improves the quality of life for lower-income individuals and communities through innovative and affordable financing that is unavailable in the conventional market. Clearinghouse CDFI WASHOE TRAVEL PLAZA LOAN AMOUNT 5.6 Million Loan 12 Million NMTC Allocation LOCATION Gardnerville NV IMPACT Construction of a travel center for the Washoe Tribe to create 125 new job opportunities NAVAJO TRIBAL UTILITY AUTHORITY (NTUA) LOAN AMOUNT 12.8 Million NMTC Allocation LOCATION Apache County AZ IMPACT To bring affordable sustainable plumbing to lowincome families in Navajo Nation. Clearinghouse Community Development Financial Institution is a Full-Service Direct Lender Specializing in loans for Economic Community Development Housing Infrastructure Health Care & Educational Facilities & More With Financing for On Off Reservation Projects TribalGovernmentandEnterprisePrograms StacyA.Sullivan CIC ACSR TribalSpecialist AccountExecutive Email Stacy JohnSullivanInsurance.com 2017 All Rights Reserved. This institution is an equal opportunity provider. Dept. of Corp. Finance Lender License 6035497 CA. Foreign Corp. License C20111025-1584 NV. Business License NV20111673156 NV Commercial. Mortgage Banker License CBKBR 0121262 AZ. Visit us at www.clearinghousecdfi.com or call (800) 445-2142 www.tribalbusinessjournal.com JULY 2017 19 C FORMER LEADER OF OFFICE IN INDIAN ENERGY MOVES TO NEW ROLE BY KEVIN GALE tribal energy opportunities. Deschene supports a move by Sen. Al Franken D-Minnesota to set up a DOE tribal energy loan guarantee program. A press release issued by Franken on May 12 hailed passage of 9 million in funding for the program in a Senate appropriations bill. Leveraging the funds could lead to 85 million in energy projects the press release estimated. This is a big win for Indian Country said Franken who is a member of the Senate Energy and Indian Affairs Committees. Developing tribal energy resources will help bring power to the most remote parts of tribal lands by improving access to reliable energy and it will provide much needed jobs. Deschene said he learned at DOE that there was a spectrum of technical assistance needed by tribes. That usually starts with a request and leads to strategic energy plans and feasibility work. The subsequent steps can involve more complex requirements and Deschene found that tribes become more proficient as they learn the process including applying for grants and seeking funding opportunities. Christopher Chris Deschene Complex efforts to develop projects is where real dollars are needed and required he said. The limited dollars at DOE meant the agency didn t have the capacity to do big support like a tribal loan guarantee program. Deschene sees energy as another way for tribal leaders to support their sovereign activities. He points to how the tribal gaming industry led by the Native Indian Gaming Association has detailed its economic impact with revenue near 30 billion which leads to better understanding by Congress. The U.S. energy sector is a multitrillion industry but the tribal energy component is less than 1 percent of the industry Deschene says. He thinks there is the potential to create a 30 billion tribal energy industry Deschene Debriefing hristopher Chris Deschene (Navajo) has moved from the public to the private sector while continuing to support energy development in Indian Country. With a change in administrations Deschene recently completed a two-year run as director of the Office of Indian Energy in the U.S. Department of Energy. His new role is joining Rosette Law as a partner in its Washington D.C. office where he will lead the firm s energy development practice. Prior to his service in government Deschene spent 10 years as a partner with the Law Offices of Schaff & Clark Deschene focusing largely on business and energy development on tribal state and federal lands. He has served as general counsel and advisor to tribes tribal energy partnerships and non-Indian energy and business entities. Deschene is a former member of the Arizona House of Representatives and completed two tours in the Persian Gulf with the U.S. Marine Corps where he attained the rank of major. In an interview with TBJ Deschene said he will continue to look at advanced Indian energy policy and the frameworks needed as the energy industry changes. Rosette was particularly attractive for his practice because firm leader Robert Rosette has a fundamental belief in supporting tribes and their sovereignty work while offering creative solutions for tribes Deschene said. A key goal for Deschene is to continue educating tribal leaders and professionals on opportunities in the energy field and how their efforts can be sustainable. Without leadership invested in such efforts it really doesn t go anywhere Deschene says. While questions have been raised about how much the Trump administration will support the DOE Deschene says there is potential to develop good legislation that will promote development of 20 JULY 2017 www.tribalbusinessjournal.com SPECIAL REPORT ENERGY www.tribalbusinessjournal.com JULY 2017 21 SPECIAL REPORT ENERGY that would rival gaming. With less than 2 percent of U.S. land tribes can provide 5 percent of renewable energy by some estimates Deschene notes. This could fundamentally support the nation s energy independence. If we are trying to reduce carbon tribes are in a unique position to deploy technology to help that effort he says. We need to change the way we are supporting program offices deployment and staffing to help Indian Country develop infrastructure and economies. There is a lot of diversity in Indian Country when it comes to energy Deschene says. The DOE during his tenure was fuel neutral in terms of helping tribes with projects whether they were fossil fuel or renewable Deschene says. Tribes have sovereign rights to make decisions for their benefits. For example many tribes opposed the Dakota Access Pipeline to defend water while other tribes are developing energy resources from Bakken Shale. He suggests that tribes should develop a responsible sustainable portfolio that respects the diversity of their resources. Even if the goal is to move towards renewable energy time may be needed for a transition to prevent economic harm he says. One example is how the Navajo and Hopi tribes are showing concerns about the closure of a major power plant. The DOE is now led overall by former Texas Gov. Rick Perry who once called for the elimination of Senator Al Kranken DOE. (He has since apologized for doing so.) During Perry s confirmation hearing there were indications he was sensitive to Native American and Alaska Native concerns when he was questioned by Sen. Lisa Murkowski R-Alaska. A transcript on C-Span has comments from Perry saying he had a lengthy conversation with Murkowski about the challenges Alaska and Native Alaskans face about development from an economic and environmental perspective. Perry indicated he was supportive of comments made by Murkowski regarding innovations in electrical generation such as micro nuclear reactors and tidal energy production. A big question is how the Trump administration s 22 JULY 2017 www.tribalbusinessjournal.com budget will impact DOE and the Indian Energy Office. Deschene says It s now incumbent on Congress and Indian Country to say these guys at Indian Energy did a tremendous job with the few resources they had. Why do we want to cut in half and handicap their work for Indian Country s benefit We can fully say that with the limited resources and lack of staff we had we were able to deploy resources throughout Indian Country that have changed the framework and built the tribal energy industry and leadership. The way to stop that is to stop funding it. William C. Bradford (Chiricahua Apache) is the new director of the Office of Indian Energy and the U.S. Department of Energy. Prior to joining the DOE Bradford was attorney general of the Chiricahua Apache Nation. Bradford developed and implemented legal and political strategies to lead the tribe toward reclamation of territory and sovereignty according to his LinkedIn biography. He also advised tribal leadership on the effects of proposed legislation regulations and policies and reviewed and evaluated judicial decisions and authored legal documents reports. Bradford has impressive academic credentials a doctorate in political science from Northwestern University a masters of laws from Harvard Law School a law degree from the University of Miami and an MBA from the University of Florida his biography on the DOE site states. Bradford also served in the U.S. Army as a special advisor strategic intelligence officer and military police officer his resume shows. Bradford has a body of scholarly work that includes many Native American topics. He said in an email that he is currently working on an article entitled Sun Tzu Indians The Art of Tribal Prosperity with co-author Dr. Gavin Clarkson. His past works include Beyond Reparations An American New Leader at Office of Indian Energy Indian Theory of Justice Another Such Victory and We Are Undone Toward an American Indian Declaration of Independence With a Very Great Blame On Our Hearts Reparations Reconciliation and an American Indian Plea for Peace with Justice and Reclaiming Indigenous Legal Autonomy on the Path to Peaceful Coexistence The Theory Practice and Limitations of Tribal Peacemaking in Indian Dispute Resolution. Bradford has encountered several controversies during his career. One involved an article in the National Security Law Journal entitled Trahison des Professeurs (Treason of the Professors). Bradford wrote that there is a critical cadre of American law of armed conflict academics whose scholarship and advocacy constitute information warfare that tilts the battlefield against U.S. Forces. ... This psychological warfare by American elites against their own people is celebrated by Islamists as a portent of U.S. weakness and the coming triumph of Islamism over the West. Bradford suggested that strong action could be justified against some academics which created a backlash when reported by The Guardian and The Atlantic. Bradford was traveling as TBJ was nearing deadline but will be interviewed for a future issue of TBJ. Why should you advertise in TBJ When considering how to introduce our Value Proposition to the decision makers in Indian Country our choice was clear. Advertise in TBJ. We look forward to a great partnership. Mark Gemignani CEO Dominion AG Next Question For more information call Sandy Lechner 954-465-9889 slechner tribalbusinessjournal.com Native American owned and operated with professionally trained accountants who understand the nuances unique to Native governments ensuring you... ...Peace of Mind PROFESSIONALLY TRAINED COMMITTED HIGH TECH CERTIFIED (505) 798-2550 info mccabecpa.com www.tribalbusinessjournal.com JULY 2017 23 24 JULY 2017 www.tribalbusinessjournal.com SPECIAL REPORT ENERGY Opposing Views D TRIBES HAVE DIFFERING VIEWS OF COAL BY LEVI RICKERT uring last year s presidential election the coal industry garnered headlines because of Donald Trump s promises to bring back coal jobs. Job creation and retention on tribal lands throughout Indian Country can be challenging for a variety of reasons including remote locations and lack of infrastructure. Some Indian reservations have unemployment rates near 50 Navajo coal plant percent. Other tribes however have concerns about the environmental impact from coal mines. The situation of several tribes outlined in this article shows how different tribes can have different viewpoints. When the Navajo Generating Station located on the LeChee Chapter of the Navajo Nation near Page Arizona announced its closing Navajo Nation President Russell Begaye began putting preswww.tribalbusinessjournal.com JULY 2017 25 Photo courtesy Myrabella Wikimedia Commons SPECIAL REPORT ENERGY Photo courtesy Doc Searls Wikimedia Commons sure on the White House and Congress for assistance. The Navajo Generating Station is fueled by low sulfur bituminous coal from Peabody Western Coal Company s Kayenta Mine located 78 miles to the southeast. The Navajo Generating Plant and the coal mine have created more than 900 jobs most of which are filled by Navajo and Hopi tribal citizens. These jobs provide some of the best opportunities available on the Navajo Nation Coal mine for where the unemployment rate is 47 perNavajo generating station cent according to President Begaye. NAVAJO GENERATING STATION The Navajo Generating Station is the largest coal-fired power plant in the western United States. Salt River Project (SRP) the utility group that manages the Navajo Generating Station says the coal-fired power plant is no longer economically viable because natural gas that fuels its other plants can be purchased cheaper. Revenue generated from the power plant provides 20 percent of the Navajo Nation s annual general funds. The money in that fund pays for 26 JULY 2017 www.tribalbusinessjournal.com our social services--education emergency services and keeping our roads paved and safe Begaye says. Any subtraction in our budget will have critical consequences for my people. Our unemployment rate already exceeds 47 percent Begaye says. There will be over 900 direct plant jobs and an additional 2 300 indirect jobs lost with this closure. The Navajo Nation comprises the largest reservation in America with almost 200 000 Navajo Nation citizens living on the reservation in parts of Arizona New Mexico and Utah. The primary goals of the Navajo Nation are to renew its lease and explore ways to keep the generating station open until 2029 Begaye said. The shutdown would have a devastating impact because 40 percent of the tribe s budget and infrastructure is tied to revenues generating from both the power plant and the Kayenta mine. If the plant closes Begaye is asking the Department of Interior to guaranteed access to transmission lines for development purposes. We are exploring options to develop solar wind and other renewables of which we will need SPECIAL REPORT ENERGY IT IS ALARMING AND UNACCEPTABLE FOR THE UNITED STATES WHICH HAS A SOLEMN OBLIGATION AS THE NORTHERN CHEYENNE S TRUSTEE TO SIGN UP FOR MANY DECADES OF HARMFUL COAL MINING NEAR AND AROUND OUR HOMELAND WITHOUT FIRST CONSULTING WITH OUR NATION OR EVALUATING THE IMPACTS TO OUR RESERVATION AND OUR RESIDENTS NORTHERN CHEYENNE TRIBE PRESIDENT L. JACE KILLSBACK S access to the transmission lines on our land in order to export it he said. The tribe is also seeking the rights to water and minerals on Navajo land including uranium and coal. NORTHERN CHEYENNE TRIBE FIGHTS THE FEDERAL GOVERNMENT An estimated 30 percent of country s coal reserves west of the Mississippi River are on tribal lands. In Montana the Crow Tribe and Northern Cheyenne Indian Reservation are located near 426 tons of coal at the Decker and Spring Creek mines. A New York Times article in April described how a slowdown at the Absaloka mine has caused economic devastation for the Crow Tribe which laid off 1 000 of its 1 300 employees. Regulatory uncertainty under the Obama administration was one of the reasons cited for a slowdown at the mine. On March 28 President Trump signed an executive order to create energy independence that rolled back some federal regulations created during the Obama administration. Vice President Mike Pence visited the Crow mine in May and said the war on coal is over. However the day after the president signed an executive order in late March opening federal lands for coal leasing the Northern Cheyenne Tribe filed a lawsuit challenging the president s action. The tribe criticizes the Trump administration for not consulting with tribal leaders and without analyzing the potential cultural environmental and socioeconomic impacts that the coal leasing program could have on the tribe its members and its lands. The tribe contends that coal mining near their reservation has adverse health impact on its tribal citizens. It is alarming and unacceptable for the United States which has a solemn obligation as the Northern Cheyenne s trustee to sign up for many decades of harmful coal mining near and around our homeland without first consulting with our Nation or evaluating the impacts to our reservation and our residents Northern Cheyenne Tribe President L. Jace Killsback states. We re asking that if there is development around our reservation with the Crow s border there is some consideration some respect to look at the impacts it would have on our community--environmentally economically socially and culturally. Coal tax credit legislation introduced U.S. Sens. Jon Tester (D-Montana) and Steve Daines (R-Montana) in April introduced legislation to permanently extend the Indian Coal Production Tax Credit (ICPTC). The ICPTC is a crucial tax incentive to level the playing field for future development of tribal coal resources that are currently subject to more regulatory requirements than comparable development on private state or federal lands the senators said in a press release. ICPTC credit protects the economic viability of existing tribal coal mining projects which support much-needed tribal jobs and provide a major source of non-federal revenue for coal-producing tribes. The Indian Coal Production Tax Credit helps create good jobs and increases self-determination in Indian Country Tester said. Incentivizing more responsible natural resource development on tribal lands will create high-paying jobs strengthen tribal sovereignty and help produce more revenue for local schools law enforcement and infrastructure. The Crow Tribe in Montana has the potential to develop 10 billion tons of coal on their reservation Daines added. Indian Coal production creates good-paying jobs in Indian Country generates significant non-federal tax revenue to support essential services and enables tribal self-determination. The Senate legislation is also co-sponsored by U.S. Senators John Barrasso (R-Wyoming) and Heidi Heitkamp (D-North Dakota). www.tribalbusinessjournal.com JULY 2017 27 28 JULY 2017 www.tribalbusinessjournal.com SPECIAL REPORT ENERGY T Pipeline Problems THEY RE NOT GOING AWAY IN THE WAKE OF DAPL BY KEVIN GALE rehearing from FERC. It s likely that the matter will go to a court of appeals after an administrative hearing. Harris says research is still being done to determine the age of the stone structures. There are varying stories on their significance among the tribes. One is they are prayers in stone--part of an ancient system of communicating with the mother of the Earth and asking her to facilitate balance and harmony in a place there was great trauma he said. The trauma might have included a person being killed by an animal. There may have been prayers spoken into the stones which then resonate the prayers as long as they are in place he says. If you remove the stones you have broken the prayer. The pipeline company has offered to dismantle some of the stone structures and reassemble them but there is concern that will result in just a replica and destroy their spiritual aspect Harris says. Other disputes over pipelines continue to emerge in the wake of DAPL. A ceremonial stonescape In March a federal judge ordered removal of a natural gas pipeline from land owned by 38 Native Americans from six different tribes in Oklahoma. The lawsuit regarded a trespass claim because the 20-year agreement for the pipeline easement had expired. Judge Vicki Miles-LaGrange found that the Bureau of Indian Affairs told the defendants in 2010 that if valid approval of a right of way for the tract wasn t secured the pipeline would need to be removed from the property. Damages for the trespass have yet to be determined. Plaintiffs attorney David Smith of the Washington law firm of Kilpatrick Townsend told New American Media that there may be many easements nationally where agreements have expired and tribal interests have not been paid. As TBJ hit deadline a federal judge on June 14 ordered the Army Corps of Engineers to reconsider its environmental review of DAPL. The review could possibly lead to a pipeline shutdown. www.tribalbusinessjournal.com JULY 2017 29 he story has a familiar ring A federal agency is accused of not following proper procedures before allowing a pipeline to be built on lands with artifacts of spiritual historical significance. In this case though it s not the North Dakota Access Pipeline but a natural gas pipeline that goes through Otis State Forest in Massachusetts. The agency is not the U.S. Army Corps of Engineers but the Federal Energy Regulatory Commission which oversees natural gas pipelines. One of the tribes leading opposition to the pipeline is the Narragansett Tribe which has photographed ceremonial stones along the path of the pipeline that is being constructed by a subsidiary of energy giant Kinder Morgan. The Narragansetts Wampanoag Tribe of Gay Head (Aquinnah) the Mohegan Tribe and Mashantucket (Western) Pequot Tribal Nation are allied in defending ceremonial stone landscapes said Doug Harris deputy tribal historic preservation officer with the Narragansett Indian Tribal Historic Preservation Office. Under the National Preservation Historic Act FERC should have studied the site before granting the permit Harris says. The tribe inadvertently learned about the pipeline when talking about the controversial AIM pipeline also known as the Algonquin Pipeline Expansion. FERC knew in October 2014 that it needed to study ceremonial stone landscapes but it issued an environmental assessment without doing studying them said attorney Anne Marie Garti who has been retained by the tribe. FERC later said it was too late to alter the route because the pipeline company had already taken the state of Massachusetts to court to acquire the right-of-way through eminent domain she said. Harris doesn t fault the pipeline company saying that the federal agency s job is to initiate studies under the preservation act. Garti said the tribe has objected to a notice to proceed with construction and requested a Native America Solar Projects BY DEBRA UTACIA KROL SUN POWER TRIBAL COMMUNITIES ARE TURNING TO THE SUN TO POWER THEIR WAY TO A SUSTAINABLE FUTURE. 30 JULY 2017 www.tribalbusinessjournal.com SPECIAL REPORT ENERGY he Department of Energy s National Renewable Energy Laboratory notes that while Native land represents less than 2 percent of the total U.S. land base it contains an estimated 5 percent of all U.S. renewable energy resources. The sun is providing carbon-free energy to meet the needs of tribes across the U.S. and solar power is a boon to tribal communities with fewer resources. The first major tribal foray into solar energy is the Moapa Southern Paiute Solar Project. This 250-megawatt plant is the result of a partnership between the Moapa Band of Paiutes and manufacturing firm First Solar. The solar plant sited on 2 000 acres on the Moapa tribe s reservation outside of Las Vegas opened in March 2017 and generates enough electricity to power nearly 111 000 homes. After a short-period First Solar sold the plant to Swiss-based clean energy investment firm Capital Dynamics. The power generated by the sun keeps more than 341 000 metric tons of CO2 the gas that causes global warming from being dumped into the atmosphere-- the equivalent of removing 73 000 cars off the road. The 311-member tribe in 2015 won a 4.3 settlement over contaminants from the coal-powered Reid Gardner Generating Station which was near the reservation and provided no financial benefits to the tribe. The solar plant will generate millions of dollars for the Moapa and the coal plant has been closed. In a statement Moapa Tribal Chairman Darren Daboda said As a first-of-its-kind project the Moapa Southern Paiute Solar Project signifies our role as a leader in Indian Country creating a template for other tribes to follow. If our small tribe can accomplish this then others can also. Another ground zero for a solar-powered future in Indian Country is in Nixon Nevada home to the Pyramid Lake Paiute Tribe. Black Rock Solar a foundation established by the Burning Man Festival partnered with the tribe and NV Energy to create a Solar City. Nixon boasts more solar panels per person than any other town or tribal community in Photo from Bishop Paiute Tribe the United States. Some 3 127 solar Bishop Paiute solar energy panels generate 582 kilowatts of elec- grid opening tricity powering the local high school tribal museum health clinic police station tribal offices and the tribe s fish hatchery. The savings from these projects will increase our ability to provide more services in other areas-- language programs our museum parks and recreation and elder services said Mervin Wright the then chairman of the Pyramid Lake Paiute Tribal Council said in a news release. Those are areas we can focus on. In fact until January 2017 when the state of Nevada ceased offering solar incentives the nonprofit powered 21 tribal projects in four northern Nevada tribal communities. In 2016 the U.S. Department of Energy released more than 9 million to support 16 facility- and communi- Chippewa Cree Tribe installation www.tribalbusinessjournal.com JULY 2017 31 SPECIAL REPORT ENERGY Photo from Black Rock Solar ty-scale energy projects in 24 tribal communities. The Energy Department is committed to maximizing the development and deployment of energy solutions for the benefit of American Indians and Alaska Natives Christopher Chris Deschene (Navajo) the previous director of the DOE s Office of Indian Energy and Programs said in a new release announcing the solar projects. By providing tribal communities and Alaska Native villages with knowledge skills and resources we hope to help tribal communities harness their local indigenous renewable energy resources reduce their energy costs create jobs and help implement successful strategic energy solutions. One tribe that benefited from the funding is the Bishop Paiute Tribe located on the east slopes of the Sierra Nevada Range in Eastern California. The 56 [installations] that DOE contributed funding brings the cumulative total installations from the program up to 118 systems installed on reservation homes--382 kW in total Brian Adkins environmental director for the tribe said. We are almost 60 percent of the way toward our goal of installing 200 systems on tribal homes by 2020. Solar power really helps out means one less bill to worry about and is a money saver that helps me take care of my family wrote Harlan Dewey a Bishop Paiute tribal member in a DOE blog. Dewey was trained by GRID Alternatives a nonprofit that partners with tribes and other entities on solar project. In addition to being trained in installations Dewey also helped outfit his own home with solar panels. With the money we save from solar I m planning to expand on our home and do improvements. I started training with GRID at the reserva32 JULY 2017 www.tribalbusinessjournal.com tion s first project and became one of the first tribal members to support the GRID program and I still help with installations. It makes me really happy to help my people and to share the program with other tribal members. We partner with tribes in providing hands-on training and education on solar PV projects says Tim Willink director of tribal programs for GRID Alternatives. A lot of our tribal partners are looking to solar as part of gaining more control of their energy usage and bringing clean renewable energy to their communities. Since Pyramid Lake Palute Tribe 2010 GRID Alternatives solar array has teamed up with 40 tribes to install solar power for nearly 500 reservation homes. In 2016 alone GRID Alternatives trained 144 tribal members as solar panel installers on 76 projects. GRID Alternatives recently partnered with the Chippewa Cree Tribe in Montana to install six solar electric systems on three duplex homes. The project turned out really well said Trevor Standing Rock a tribal member who manages the tribe s energy programs. The 21 kW panels will save an estimated 27 percent for the low-income families who live in the Rocky Boy Reservation homes. Another benefit community involvement. A lot of community members became excited Standing Rock said. There was a lot of interest and curiosity. And even more tribal members received valuable hands-on training in solar installations skills that are sure to be in great demand as more tribes turn to the sun to power their communities economies and lives. Let Us Help Solve Your Tribal Housing Needs We re a technology services company. Every step we take is toward the vision of building a better future for our children our children s children and beyond. 541-278-8200 www.cayuse.tech WE RE LOOKING AHEAD SEVEN GENERATIONS Juel Burnette Manager 1ST Tribal Lending the nation s number one Section 184 lender has the expertise and experience to address that need. 1ST Tribal Lending is the only nationwide lender solely dedicated to Indian Country housing. We provide Tribes TDHE s and Tribal Members with the nancing to build or purchase new homes. Tribes and TDHE s can nance up to 20 simultaneous new home builds or acquisitions and there is no pre-determined limit to the total number of homes a tribe can own. Some tribes have hundreds of Section 184 nanced homes. Juel Burnette brings an unprecedented level of customer service experience and dedication to serving our Native American population. ALSO rates have dropped again to historically low levels. It is a great time to refinance your existing Section 184 loans. Call 605.610.0106 or Email juel.burnette 1tribal.com CALL TODAY 1st Tribal Lending a dba of Mid America Mortgage Inc. NMLS 150009 (www.nmlsconsumeraccess.org) Arizona Lic BK 091759 licensed by the Department of Business Oversight under the California Residential Mortgage Lending Act Lic 4131103 and Finance Lenders Law Lic 603J732 regulated by the Colorado Division of Real Estate Illinois Residential Mortgage Licensee MB.6850057 Kansas Licensed Mortgage Company MC.0025093 Massachusetts Lic ML150009 Oregon ML-5045 Washington Lic CL-150009. SUPPORT MANAGEMENT DEVELOPMENT INSIGHTS MARKETING HUMAN CLOUD SERVICES www.tribalbusinessjournal.com JULY 2017 33 SPECIAL REPORT ENERGY W Hydroelectric Power BY ANDREA RICHARD says that it produces 1.1 million megawatts of electricity on an annual basis and provides energy for about 70 000 customers including some of Montana s major industrial companies. We saw the acquisition of this dam as another step towards the perpetuation of the culture and future for our tribal people he says. For tribes considering a move into hydro-electricity Lipscomb says The first thing I would tell another tribe is to step back and think about what is your business model do you want to see renewable energy as an economic driver You have to think about your goals and the business structure you want to pursue. In addition energy is a 24 7 and volatile industry. Energy Keepers buys and sells energy hourly as a wholesale commodity. The S li Ksanka Q isp Dam I talk to tribes that don t have their own electric service he says. They might want to create a micro grid and sell it back to the local utility company. There are different capacities that they would need to be successful. The other side is taking the energy into a wholesale commodity market you need to be sophisticated in that marketplace. The wholesale market has shifted he says. It has been reduced in half since when we made the decision to buy. Why For two reasons renewable energy subsidies and natural gas supply. Looking forward EKI is seeking alternative sources of revenue he says. Stabilization of our revenue and improving this asset and we have to do significant rehab and maintenance of the facility. And we are looking for other opportunities to acquire more resources and trade more in the energy industry he says. hile water is the life-blood needed for living beings survival but it can also be used as a viable source of renewable energy called hydroelectricity. In Polson Montana the Confederated Salish and Kootenai Tribes acquired the Kerr Dam in 2015 for 18.2 million becoming the first tribes to own such an operation. But it didn t come without major obstacles. Due to the Dawes Act of 1887 the Kerr Dam was built by the Rocky Mountain Power Company despite opposition from the Flathead Indian Reservation. It was completed in 1938. The dam was later acquired by the Montana Power Company then NorthWestern Energy bought it. In the following decades the CSKT fought to take over the facility with negotiations beginning in the late 1970s. In 1985 the tribes began negotiated for the license. Then Energy Keepers was established in 2012 as a tribal corporation to acquire market and operate the facility. For financing the tribes worked with the U.S. Department of Energy and grantmaking organizations to raise 12 million and they secured loans from the CSKT Tribal Council. The acquisition occurred in Sept. 2015 and thus CSKT changed the Kerr Dam s name to S li Ksanka Qisp Dam. EKI employs a staff of 27 of which more than half are tribal members. The net revenue goes back 100 percent to the tribes which are located on the Flathead River a few miles downstream from Flathead Lake. EKI operates as an independent power provider across the state and as far as Las Vegas and in the Southwest. Brian Lipscomb the president and CEO of Energy Keepers 34 JULY 2017 www.tribalbusinessjournal.com Why should you advertise in TBJ Since its inception TBJ has provided Rosette LLP a perfect opportunity to partner with advertising and editorial which assists us to be the premiere Law Firm in Indian Country and to provide valuable information to the community we serve. Karrie Wichtman Managing Partner Rosette LLP Our Investment 300 Million to Improve Quality of Life for Native Americans Collaborating with 1 000 partners on 60 remote reservations we provide immediate relief and support long-term solutions for year-round impact. Your Investment Work with us to provide education and leadership development and champion hope for a brighter future in tribal communities. 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Suite 400 Washington D.C. 20005 (202) 652-0579 (202 525- 5261 sbazzazieh rosettelaw.com The only national organization dedicated to advancing Indian Country tourism across the United States. Next Question For more information call Sandy Lechner 954-465-9889 slechner tribalbusinessjournal.com JOIN US AND LEARN MORE AT WWW.AIANTA.ORG www.tribalbusinessjournal.com JULY 2017 35 SPECIAL REPORT ENERGY I SENECA NATION DEVELOPS ENERGY SUFFICIENCY BY ANDREA RICHARD Wind Power n a move toward self-determination the Seneca Nation of Indians earlier this year completed construction of a 1.5-megawatt wind turbine project on its western New York reservation. The wind turbine will provide the Nation clean energy economic development opportunities job creation and new revenue streams. All of which will strengthen the tribe s sovereignty and bolster its environmental sensibilities. Over two and a half years SNI a strategic energy action plan and successfully applied for a U.S. Department of Energy First Steps Toward Energy Efficiency & Renewable Energy grant in 2003. The the DOE awarded the tribe three grants totaling 1.5 million and the New York State Energy Research & Development Authority gave 1 million. In 2007 the Nation established Seneca Energy a wholly owned tribal corporation. Its mission is to build renewable energy assets train staff and promote the tribe s energy self-sufficiency. The Nation has 7 800 enrolled members and three territories-- Allegany Cattaraugus and Salamanca spanning 30 984 acres. The Seneca Nation is made up of six nations in the Iroquois Confederacy. SNI members located in the rural Cattaraugus territory don t have access to affordable energy and pay up to three times more for utilities which creates hardship. This wind turbine project is a solution to reduce Cattaraugus residents electricity costs. Another one is planned for the rural Allegany terrority. The Seneca Nation has created a virtual utility service as stated in a report by the DOE. Further it does not own distribution assets but rather will give customers monthly bill credits. Utility customers Example of a wind turbine will receive a 25 monthly credit on their utility bill nearly 30 percent in savings. With wind development the Nation will reduce greenhouse gas emissions. The turbine has a projected lifetime of 20 to 25 year. The tribe saw opportunities to diversify its economy reduce emissions and deploy renewable energy says Anthony Giacobbe general manager of Seneca Energy. 36 JULY 2017 www.tribalbusinessjournal.com Business exchange Join thousands who have resolved to be happy and debt-free. Are you paying too much for your client benefits program Debt.com offers the easiest debt resolution ever... one simple phone call to 800-810-0089. If you re ready to bring more revenue in to your business contact us Alternative Revenue Solutions Tel 954-377-9480 E-mail info ars101.com YOUR AD HERE FOR ONLY 1399 YOUR AD YOUR AD HERE HERE FOR ONLY FOR ONLY 1399 1399 www.tribalbusinessjournal.com JULY 2017 37 call 954-666-5316 or visit TribalBusinessjournal.com THE IMPACT ON INDIAN COUNTRY COULD BE PROFOUND Trump Budget BY LEVI RICKERT The 38 JULY 2017 www.tribalbusinessjournal.com FEATURE n the day following last year s presidential election American Indian leaders did not know what to expect from President Donald Trump because during the campaign he did very little to reach out to Indian Country. It was not until the last week of the campaign that Trump formed a 27-member Native American Affairs Coalition. All we know of his record on tribal issues are statements made in the 1990s from a gaming hearing said Brian Cladoosby president of the National Congress of American Indians on the day after the election. Cladoosby was referring to Trump s testimony before a Congressional committee in 1993 relating to Indian gaming when he said You re saying only Indians can have the reservations only Indians can have gaming. So why aren t you approving it for everybody Why are you being discriminatory Why is it that the Indians don t pay tax but everybody else does I do. He went on to say that some of the American Indians he saw at Indian-run casinos did not look very Indian to him. Four days after his inauguration President Trump gave an indication about what he thought about American Indian issues when he signed an executive order that reversed the Obama administration s halting of an easement for the Dakota Access pipeline near the Standing Rock Indian Reservation. Tribal leaders were not happy with the decision. Then during the rest of winter and into the spring there was little direction coming from the White House relating to the Trump administration s thoughts on Indian policy. The 2018 fiscal budget released in late May unveiled his intentions about Indian Country. The proposed budget seeks to drastically cut or eliminate American Indian and Alaska Native programs. From housing health education and employment programs almost every program in Indian Country would be reduced or eliminated completely. Since American Indian and Alaska Native programs are spread out among several federal departments or agencies here is a breakdown of some of the impact the proposed budget would have The Department of the Interior (DOI) which houses the Bureau of Indian Affairs faces a nearly 11 percent budget reduction. The Bureau of Indian Affairs faces cuts of more than 300 million. The Department of Housing and Urban Development or HUD would see spending trimmed by 13.2 percent. The Environmental Protection Agency (EPA) budget would decrease by 31.4 percent. The Department of Health and Human Services which houses the Indian Health Service would be trimmed by 16.2 percent. The Department of Education would lose 13.5 percent in funding. Trump s budget calls for the temporary suspension of construction of new Bureau of Indian Education (BIE) schools and proposed cutting the BIE school budget by 64.4 million. Unfortunately the Trump administration s federal budget falls far short of meeting the federal government s responsibilities with regard to Native education. In addition our federal government would be blatantly disregarding its federal trust responsibilities derived from the nation-to-nation relationships rooted in treaties says Cheryl Crazy Bull (Lakota) president and CEO of the American Indian College Fund. In housing the proposed budget cuts Indian Housing Block Grants by 44 million and would completely eliminate the successful HUD Section 184 Loan Guarantee program for Native Americans. Fortunately federal appropriations are ultimately made by Congress. Presidents submit fiscal year budgets with their thoughts on how the federal government should allocate its resources. Congress receives the annual budgets and then reworks the president s budget until both the House of Representatives and Senate come to an agreement. Then the budgets are sent back to the White House for the president s signature. Cladoosby wants Congress to reject the president s budget and live up to treaty responsibilities. Congress has a moral responsibility to live up to its responsibility to tribes and we will hold its members accountable said Cladoosby of Trump s budget. He added that if the budget were based on need funding to tribes would be substantially increased. He pointed out that in Native Alaskan villages 48 percent of the homes lack toilets and running water for example. Also a proposed 800 billion (47 percent) cut in Medicaid funding would have devastating effects. Trump s budget turns its back on the trust and treaty obligations our nation owes to American Indians and Alaska Natives and cuts core services for tribes like health care education and public safety says U.S. Senator Tom Udall vice chairman of the U.S. Senate Committee of the Indian Affairs. While the federal budget reflects the president s wish list for Indian Country Indian Country leaders will be working both sides of the aisle on Capitol Hill to retain what they can for American Indians and Alaska Native. www.tribalbusinessjournal.com JULY 2017 39 WHILE TRIBES CAN AND SHOULD CLAIM SOVEREIGNTY TO DISENROLL MEMBERS WHOSE FAMILIES HAVE BEEN A PART OF THE HISTORICAL CULTURAL AND FAMILIAL CONNECTIONS OF THE TRIBE IS NOTHING SHORT OF Economics of Disenrollment FIRST IN A SERIES BY ROBIN A. LADUE SELF-IMPOSED GENOCIDE GREED HELPS FUEL A DISTURBING TREND IN INDIAN COUNTRY ho is a Native American Is one a Native by virtue of the amount of Native blood (quantum) that one carries Is it as Wilma Mankiller said someone with even one drop of Native blood (descendancy) It is someone whom the United States government says is Native Is it someone enroxlled in a nonfederally recognized tribe Is it someone who is enrolled in a federally recognized tribe It is someone who isn t enrolled in any tribe Is it someone who lives on a reservation Is it someone whose tribe has been terminated and who has been relocated from their tribal lands Is it only those who have indigenous blood Or is it simply anyone who is born within the confines of the United States of America Well yes to all the above but the last statement. Growing up this writer s father the son of a survivor of Cushman Boaring School would shake his head at the foibles and squabbling between the members of our tribe the Upper Cowlitz (Taidnapam) and the Lower Cowlitz (Cowlitz). Damn he would mutter. We don t need the U.S. government to do us in. We can do it all on our own. There is no better example of this statement than the ugly actions against one s own tribal members disenrollment. The practice of disenrollment has now impacted thousands of Native people. But how did things come to such a situation The answer as 40 JULY 2017 www.tribalbusinessjournal.com FEATURE www.tribalbusinessjournal.com JULY 2017 41 it so often is when people act in horrific ways against other people is money. In the case of some California tribes the loss of per capitas (individual financial payouts from tribal resources) is well over a million dollars. But deeper than that are the loss of lands homes income culture and a voice in the direction of their tribe. As so succinctly put by Marty Fire Rider of the California American Indian Movement Gaming has brought (Native people) the dominant culture s disease of greed. The first real attempt to categorize and quantify whom a Native is was during the course of the designing and implementation of the allotment system for those included in the tribal rolls based on the amount of Native blood a person had. It was hoped that as Native people married non-Native people they would disappear and be assimilated into the now dominant and the valued world of white privilege. The reservation system particularly after the Dawes Act of 1887 gave individual Native people the right to own land which was very often sold out of Native hands and into the hands of white people. During this time particularly from 1887 to 1934 more and more of the land previously claimed as ancestral land disappeared from the landscape of Indian Country. The loss of land coupled with the horrific imposition of the residential schools where children were murdered had their hair cut were beaten for speaking their language and where they were forbidden to practice their spiritual beliefs led to the loss of the Native world and culture for millions of Native children. It is in this boiling cauldron of laws preventing Native people the right to raise their own children to practice their own spiritual beliefs and to retain their own lifestyle that the Indian Reorganization Act was passed. The Howard-Wheeler Act of 1934 42 JULY 2017 www.tribalbusinessjournal.com Henry Dawes is often referred to as the Indian New Deal. It was the first of several (not many) steps to reverse the traditional goal of assimilation of Native people into American society. It is ironic that a piece of legislation intended to return control and self determination to tribal people has actually become a foundation for self-termination of tribes through disenrollment. It should be noted that the Howard-Wheeler Act did not apply to Native people in Indian Territory (Oklahoma) or Hawaii. John Collier the Commissioner of the Bureau of Indian Affairs under Franklin Roosevelt pushed the Indian Reorganization Act through the legislative process. He saw the value of Native cultures and beliefs and confronted the powerful economic interests that benefitted from the loss of land from Native people. The IRA was intended to give governmental control and tribal sovereignty back to tribal people although within a subordinate relationship to the United States. The implementation of the IRA provided a brief period of hope for Native people before the United States Department of the Interior implemented the destructive program of termination and relocation. There were provisions in the act that had been added by Congress in 1954. While once again the stated purpose of termination was to assimilate Native people into white American culture in fact it was simply a means of power brokers gaining access to the rich and untouched resources in Indian Country. With the flick of a pen the Klamath tribe of Oregon along with 61 other tribes ceased to exist along with their reservation resources and treaty rights. Many of the Native people from the terminated tribes were forcibly moved to urban areas. The status of Native people did not make a change for the better until the passage of the Indian Self-Determination Act of 1975. This act was intended to FEATURE allow federally recognized tribes to enter contracts and to deal directly with government agencies. It also reversed the official United States Government policy of termination and relocation that took place in the preceding decades and centuries. The act allowed tribes to gain greater self-rule. It put an end to the practice of allotments and helped tribes promote education health and other programs. The act firmly established the tribes rights to determine who was and wasn t considered a member of the tribe and to make decisions as to what the criteria would be such as quantum or descendancy to determine membership in the tribe. It is this last point along with economic factors that has led to thousands of Native people being disenrolled from their tribes. The Indian Gaming Regulatory Act of 1988 established the basic right of Native tribes to their sovereignty limiting states ability to limit casinos bingos and other gambling operations of tribal lands. While the success of individual casinos has varied where there has been success with Native American casinos with it has often come the scourge of disenrollment. Disenrollment is defined as a loss of citizenship within a Native American tribe. While it sounds as if this is simply a removal of a Native person s name from the rolls of any specific tribes it strips Native people of their history their culture health housing and education benefits. Native people who lose their tribal membership lose the right to any say in the directions of their tribes and in many cases lose the connection to their community. One of the most notorious cases of disenrollment is that of the Nooksack 306. The Nooksack tribe is a tribe with approximately 2 000 members. It s a coastal Salish tribe located in the northwest corner of Washington State. The tribal council of the Nooksack tribe made what appeared to be arbitrary decisions to disenroll 306 members under what the now illegal tribal council deemed to be their right as a sovereign nation. One of the tribal members Katrice Romero claims there is no personal reasons for disenrolling the 306. Rather she says tribal officials are simply trying to protect the integrity of the Nooksack s membership. Romero went on to state that the tribe does not have enough resources to care for the membership. If this were the real reason for disenrollment the question would be the methods in which the disenrollment of the 306 occurred. The tribal council that implemented the process of disenrollment refused to hold elections and by the constitution of the tribe is now illegal. By the laws of the Nook- sack constitution disenrollment ordinances must be approved by the Bureau of Indian Affairs. To date this has not occurred. Gabe Galanda a Native American attorney based in Seattle has worked hard to help the Nooksack 306 retain their status as tribal members. The Nooksack tribal council in opposition to Galanda s attempts retaliated against him and disbarred him from tribal courts. Judge Susan Alexander made a ruling that clearly stated that the Nooksack had denied Galanda due process. Galanda despite the obstacles thrown up by the illegal Nooksack tribal council has provided support and excellent advice to the Nooksack 306. Hopefully more Native attorneys and tribal people will join Galanda in his attempts to stop the horrendous process of disenrollment. The bitterness among so-called legitimate members and those who face disenrollment will not be easily resolved. While tribes can and should claim sovereignty to disenroll members whose families have been a part of the historical cultural and familial connections of the tribe is nothing short of self-imposed genocide. At least 80 tribes are now practicing disenrollment resulting in thousands of Native people losing their rights. This situation is likely to continue and given the huge profits of some gaming operations it may well worsen. The next article in this series will examine in more detail the long-term cultural familial and economic ramifications of disenrollment. It will also examine the means that tribal people have to retain their enrollment. Given the apparent stance of the current administration it will be even more important for Native people to retain their already limited population base rather than help the government accomplish its long-stated goal of making Native people disappear forever. ROBIN A. LADUE PHD IS A RETIRED CLINICAL PSYCHOLOGIST. SHE IS AN ENROLLED MEMBER OF THE COWLITZ INDIAN TRIBE OF WESTERN WASHINGTON. SHE HAS WORKED AROUND THE WORLD IN INDIGENOUS COMMUNITIES TO ADDRESS THE LONG-TERM IMPACTS OF HISTORICAL TRAUMA. SHE IS THE AWARD-WINNING AUTHOR OF THE JOURNEY THROUGH THE HEALING CIRCLE SERIES AND OF THE HISTORICAL FICTION NOVEL TOTEMS OF SEPTEMBER. SPECIAL THANKS TO ALAN WILLOUGHBY J.D. MPH FOR HIS EDITING AND FOR HIS 25 YEARS OF EFFORTS TO ENSURE THAT ALL CHILDREN ARE TREATED WITH FAIRNESS AND EQUITY PARTICULARLY THOSE IN THE FOSTER CARE SYSTEM AND THE JUVENILE JUSTICE SYSTEM. SPECIAL THANKS TO GABE GALANDA J.D. FOR HIS KIND ASSISTANCE AND HIS WILLINGNESS TO FIGHT FOR THE RIGHTS OF ALL NATIVE PEOPLE. www.tribalbusinessjournal.com JULY 2017 43 Billy Frank Elouise Pe pion Cobell Suzan Shown Harjo Native American Medal of Freedom Recipients BY ROBIN A. LADUE PHD STANDING ON THE SHOULDERS OF GIANTS PART FOUR OF A SIX-PART SERIES In the last three years the courage and activism of three brilliant committed and brave Native American people has been honored with the award of the Presidential Medal of Freedom to Suzan Shown Harjo (Cheyenne and Hodulgee Muscogee Nations) 2014 Billy Frank Jr. (Nisqually Nation) 2015 and Elouise Pe pion Cobell (Blackfoot Confederacy) 2016. These giants join a very select group with three other Native American elders and leaders who had previously been awarded the Presidential Medal of Freedom Annie Dodge Wuaneka (Dine Nation) -1963 Wilma Mankiller (Cherokee Nation) 1998 Joe Medicine Crow (Crow Nation) 2009 44 JULY 2017 www.tribalbusinessjournal.com As previously noted all the Native American Presidential Medal of Freedom recipients were awarded this honor under a Democratic president. There were 35 years separating the first two Native American recipients. There was another 11 years between recipients two and three and five years between three and four. One of the most recent winners of the Presidential Medal of MEDAL OF FREEDOM Freedom is Suzan Shown Harjo (Cheyenne and Hodulgee Muscogee Nations). She is a woman who well knows the struggles and fights facing Native people. Harjo s activism started early in her life and well before the millennium arrived. She was born in Oklahoma on an allotment near Beggs. Part of her childhood was spent in Naples Italy where her father was stationed with the United States Army. Fifty years ago in the mid-1960s Harjo co-produced one of the first Indian news programs in the United States a program called Seeing Red on a New York station WBAI-FM. She and her husband Frank whom she met in New York worked on issues of protecting religious freedom for Native Americans. The importance of her work cannot be underestimated as it was not until 1978 with the passage of the Indian Religious Freedom Act that Native people could finally practice their spiritual beliefs openly and in peace. Prior to the passing of this act when Harjo was 33 it was illegal for Native people to practice their religious beliefs despite the First Amendment. To put the immense value of the Indian Religious Freedom Act in perspective it should be remembered that part of what led to the massacre of 300 innocent Native people at Wounded Knee was the people of the land dancing the Ghost Dance. The Ghost Dance spread across the Plains in a last hope that the dance would protect the people of the prairies from the Gatling guns of the US Calvary. It should also be remembered that children enrolled in Native boarding schools (including this writer s grandfather and great-uncles) were forbidden to practice their traditional beliefs or to speak their Native languages. Harjo was an integral part of regaining the simple right of religious freedom for Native people which speaks to the giant she was and is in Indian Country. In 1974 Ms. Harjo and her husband took up residence in Washington D.C. just four years before the Indian Religious Freedom Act was enacted and 50 years after Native people received the right to vote. During her time in Washington D.C. she became the first president of the Morning Star Institute a national Native rights organization. As a young woman Harjo established a goal of removing Native mascots saying You strip the person of humanity and they re just an object and you can do anything. She forged ahead in legal battles against the ugly name of the Washington pro football team. Her horrific experience at a game prompted her to file a suit to have the courts remove the trademark protections for the team. One of the most telling experiences detailed by Harjo took place at a game shortly after her arrival in Washington D.C. We re football fans and we can separate the team name from the game so we went to a game. And we didn t stay for the game at all because people started--someone said something Are you this or that So we started to answer then people started like pulling our hair. And they would call us that name and it was so weird for us. So we left and never went to another game. Harjo s first legal case as the plaintiff went to the Patent and Trademark Office in 1992. In a very bizarre ruling a federal judge ruled that Harjo was too old to be a plaintiff and should have brought the case closer to her 18th birthday. A more likely reason for the judge s odd ruling likely had to do with the judge and her husband being strong supporters of the Washington football team. Despite the legal losses Harjo persevered. Several years ago she recruited Amanda Blackhorse from Dine and eventually in 2009 the case was heard. Victory occurred in 2014 when the Trademark Trial and Appeal Board of the United States Patent and Trademark Office voted to cancel the six trademarks held by the team. While the decision was 2-1 it did affirm that the trademark was indeed as Harjo had claimed for 22 years disparaging of Native people. The battle against Native mascotry continues. While it has been reported that 2 3rd of the teams and schools with Native mascotry have retired their mascots there are still hundreds of schools and sports teams that use offensive mascotry. One of the most offensive among the remaining mascots is Chief Wahoo of the Cleveland Indians. It is hard to imagine that such an image would be allowed to represent any other racial ethnic or cultural group. Harjo was executive director of the National Congress of American Indians from 1984-1989. She has been a strong advocate in her work with Congress to protect and expand Native American traditional fishing and hunting rights. She has been a strong believer in Indian education and has worked tirelessly for economic development for Native people and communities. In fact Harjo has been an advocate for Native people in every aspect of life including healthy children and families strong and traditional communities dignity and respect economic development and treaty rights. She has been an outspoken critic about people who claim Native ancestry without supporting documentation. She has stood up for Native people speaking for themselves and being their own advocates. She has written books. For her strong and life-long dedication to Native people she was awarded the Presidential Medal of Freedom by President Barack Obama in 2014. There is simply not enough space in this article to address the absolute dedication Harjo has given Indian Country. As the 45th president has taken office the water protectors at Standing Rock have been brutalized by government troops as the Dakota Access Pipeline (DAPL) is now being allowed to continue drilling under the Missouri River. There are horrible and threatening statements about privatizing Native lands from the administration. Yet Harjo s courage and persistence remain as beacons to the rest of Indian Country. While the struggle for dignity and rights in Indian Country has been centuries long today the imminent threats to Indian Country appear even greater. With her courage Harjo has well demonstrated what Native people will need to do to survive. There is no doubt that Harjo will continue to be on the front lines of these struggles providing a very strong set of shoulders for young Native people to stand on and to gather strength from. It was more than appropriate that Ms. Harjo received the highest civilian medal of honor that is awarded by this country for her steadfastness in never losing sight of what Native American people and communities can do and in encouraging others to stand up too. ROBIN A. LADUE PHD IS A RETIRED CLINICAL PSYCHOLOGIST AND AN ENROLLED MEMBER OF THE COWLITZ INDIAN TRIBE. SHE TAUGHT AND WORKED IN NATIVE AMERICAN FIRST NATIONS MAORI AND ABORIGINAL COMMUNITIES ALL OVER THE WORLD. SHE IS THE PRIZE WINNING AUTHOR OF THE JOURNEY THROUGH THE HEALING CIRCLE SERIES AND THE HISTORICAL FICTION NOVEL TOTEMS OF SEPTEMBER. SPECIAL THANKS TO TONI BROWN GABE GALANDA AND MEL TONASKET. SPECIAL THANKS TO ALAN J. WILLOUGHBY J. D. EDITOR PAR EXCELLENCE. www.tribalbusinessjournal.com JULY 2017 45 General William T. Sherman (third from left) and commissioners in council with chiefs and headmen of different bands of the Sioux including Arapaho Indians Fort Laramie Wyoming 1868. Photograph by Alexander Gardner Sacred Stone Camp North Dakota 46 JULY 2017 www.tribalbusinessjournal.com FEATURE WATER IS LIFE LESSONS LEARNED FROM THE FIGHT AT STANDING ROCK Navajo coal plant www.tribalbusinessjournal.com JULY 2017 47 PART THREE OF A THREE-PART SERIES BY ROBIN A. LADUE SPECIAL REPORT ENERGY he Black Snake of the Dakota Access Pipeline (DAPL) started carrying the oil from the Bakken oil fields under Lake Oahe and within days there was a small oil leak. It is important to remember that Energy Transfer Partners including CEO Kelcy Warren promised the safety and leak-free existence of the DAPL. In an interesting public relations piece that can be found at daplpipelinefacts.com Energy Transfer Partners says the 3.8 billion project crosses almost entirely private lands and does not cross the Standing Rock Sioux reservation even at Lake Oahe. The website says the U.S. Army Corps of Engineers held 389 meetings with 55 tribes Protest against Dakota Access regarding the Dakota Access Pipeline. and Keystone XL Pipelines In addition the Corps reached out to the Standing Rock Sioux Tribe nearly a dozen times to discuss archaeological and other surveys conducted before finalizing the Dakota Access route. While the website says the pipeline builders respect the concerns of the Tribe it also says Recently their interests have been overtaken by politically motivated anti-fossil fuel protestors who are using this issue as a cover for their often violent and extremist efforts to cause disruption. In my view the inaccuracies racism and fabrications in this statement are stunning. Unfortunately they are simply a continuation of the denial of treaty rights across this country. DAPL crosses the land that the Standing Rock Sioux tribe says it never ceded. In the two previous articles on the Fort Laramie treaties those signed in 1851 and 1868 the battles 48 JULY 2017 www.tribalbusinessjournal.com legal and physical of the Great Sioux Nation to retain its lands were examined. Moving forward from the 1870s with the deliberate decimation of the buffalo herds the determination of the U.S. government to destroy the nomadic culture of the Plains tribes and the demand of land from the ever-encroaching white population from the east the tribes were forced into smaller land areas forced to become farmers on land worthless for farming and into starvation. When the route of the DAPL was announced the Standing Rock Sioux Tribe filed suit against the Corps. The lawsuit was not focused on the environmental concerns commonly associated with pipelines but on the failure of the Corps to consult with the tribe on its rights under the National Historic Preservation Act. The act requires the federal government to consult with Native American tribes regarding the permitting of lands that might contain artifacts. This is the situation even if the land under question as is claimed by Energy Transfer Partners was ceded to the United States Government in the past. The above information comes from a salient article in the Inter-American Law Review published on May 18 2017 by the University of Miami School of Law. In this informative article it is noted that the Great Sioux Nation lost the land in question by violence and coercive threats. As the article points out the Sioux Nation has sued and won its land claims in the courts. Despite setbacks the Sioux people have fought to have their lands returned to them. While Energy Transfer Partners claims about extremist efforts the thousands of people gathered together at Standing Rock from nearly 300 tribes and FEATURE non-Native supporters were not violent were not politically motivated and were not anti-fossil fuel extremists. They were and remain people committed to the preservation of clean water. The authorities response to the water warriors was brutal arresting elders while they were praying firing water cannons at people in 26-degree weather throwing concussion grenades at them and DAPL security forces driving into people and threatening them with assault rifles. Many of the water warriors were arrested many of the cases were thrown out of court for lack of merit. While it was clear to many that the militarized and violent response to the water warriors was far out of proportion to the actions of the people at Oceti Sakowin as the camp was known one of the people of Standing Rock a Hunkpapa woman by the name of Tiffany Leigh offered insight into the violent response Historically there has always been tension between the Hunkpapa of Standing Rock and our neighbors to the north. We along with our allies defeated Custer at the Battle of the Greasy Grass in Montana. We also believe that the 7th took revenge during Wounded Knee in South Dakota in the late 1800s. Many Hunkpapa were with Chief Spotted Elk when he fled to Wounded Knee. Historically many in the Bismarck Mandan area don t take too kindly to the Hunkpapa because of our history. I firmly believe that was why there was such a heavy military response. Leigh s response in the historical context of the Great Sioux Nation s history as outlined in the first two parts of this series makes sense. It also adds another layer of sadness and loss to the tragedy of the Plains people. More than 150 years after the Fort Laramie Treaty of 1851 was drawn up the struggles among the tribal people and for their land and water are still very much sad realities. Despite the claims made by ETP and other oil and gas companies about the safety of oil pipelines a pipeline just 150 miles from Cannonball North Dakota where the Oceti Sakowin camp was recently spilled 176 000 gallons of crude oil. 130 000 gallons of crude went directly into the Ash Coulee Creek. Oil pipelines are notorious for leaking. For example in a report to the Bureau of Ocean and Energy Management in 2013 it was reported that the Trans-Alaska Pipeline had 1 577 spills of greater than one barrel from September 1971 to September 2011 a period of just over 40 years with an average of 39 spills a year. In a review of other spills 2016 the latest year for which complete data is available there were several very large spills including Colonial Pipeline Shelby County Alabama September 9 2016 336 000 gallons of refined oil Dixie Pipeline Sulphur Louisiana 208 000 gallons of propane were burned on February 24 2016 Colonial Pipeline Shelby County Alabama Less than two months after the first leak a dirt moving track hoe damaged a pipeline which resulted in a massive fire. Two of the six workers on the pipeline were killedEnterprise Product Partners Cushing Oklahoma a spill of 307 734 gallons of crude Sunoco Logistics Sweetwater Texas A one year old pipeline leaked 361 200 gallons of crude oil The notion that oil is safely transported anywhere is simply not accurate. Because of the growing concerns of the public about pipeline safety and as a direct result of the Oceti Sakowin protests the North Dakota legislature has advanced a bill that gives companies the freedom to conceal spills of oil natural gas and contaminated water. Any spill under 420 gallons--10 barrels--would not have to be reported. A quick review of the data on just the Trans-Alaska Pipeline would give any reasonable person pause regarding the safety of any pipeline. Thus contrary to the inflammatory and false rhetoric of Energy Transfer Partners the water warriors who stood for clean water had every reason to be concerned. As noted in the aforementioned of the aforementioned Miami University article the real issues for the water warriors are as follows The protection of the precious water of the creeks streams reservoirs and rivers of the area The acknowledgement of the ongoing fight of the Great Sioux Nations for their land sacred sites The simple respect for an ancient people that ceased to exist when the first European set foot on Sioux land. While oil now flows through the Black Snake a federal judge has called for further environmental review. The fight is not over. Those who value the water the earth the sky and all of the living creatures on this Earth and those who practice our traditions and believe in the spirit of the water and the Earth will continue to speak up and stand up in the face of the militarized police dog handlers and courts that continue to try and crush our rights and our souls. It is important to remember the lessons of Oceti Sakowin There is power in unity and there is power in truth. ROBIN A. LADUE PHD IS A RETIRED CLINICAL PSYCHOLOGIST. SHE IS AN ENROLLED MEMBER OF THE COWLITZ INDIAN TRIBE OF WESTERN WASHINGTON. SHE HAS WORKED AROUND THE WORLD IN INDIGENOUS COMMUNITIES TO ADDRESS THE LONG-TERM IMPACTS OF HISTORICAL TRAUMA. SHE IS THE AWARD-WINNING AUTHOR OF THE JOURNEY THROUGH THE HEALING CIRCLE SERIES AND OF THE HISTORICAL FICTION NOVEL TOTEMS OF SEPTEMBER. SPECIAL THANKS TO ALAN WILLOUGHBY J.D. MPA FOR HIS EDITING AND FOR HIS 25 YEARS OF EFFORTS TO ENSURE THAT ALL CHILDREN ARE TREATED WITH FAIRNESS AND EQUITY PARTICULARLY THOSE IN THE FOSTER CARE SYSTEM AND THE JUVENILE JUSTICE SYSTEM. SPECIAL THANKS TO TIFFANY LEIGH HUNKPAPA AND AN ENROLLED MEMBER OF THE CHEYENNE RIVER SIOUX TRIBE FOR HER INSIGHT AND ADDITIONAL INFORMATION. www.tribalbusinessjournal.com JULY 2017 49 Incubators Rising BY APRIL D. TINHORN Native Business WHAT DO I DO NOW IS A COMMON QUESTION NEW ENTREPRENEURS ASK THEMSELVES. AS ENTREPRENEURS WE HAVE OUR AREA OF EXPERTISE DOWN PAT BUT WE MAY NOT HAVE FACTORED IN THE KNOWLEDGE AND RESOURCES NEEDED TO ACTUALLY RUN OUR BUSINESSES. 50 JULY 2017 www.tribalbusinessjournal.com ENTREPRENEURIAL SPIRIT his is one of the many reasons business incubators exist as they are Designed to accelerate the growth and success of entrepreneurial companies through an array of business support resources and services that could include physical space capital coaching common services and networking connections according to www.entrepreneur.com encyclopedia business-incubator. While there are hundreds of incubators world wide there are only a handful that are specifically for Native entrepreneurs who live and do business on and off the reservation. Enter the Native American Business Incubator Network [NABIN] based in Flagstaff Arizona and the Native Entrepreneur In Residence Program [NEIR] based in Albuquerque New Mexico to name a few. As I ve worked at the No. 2 co-working space in the Nation and have participated in a traditional business accelerator program I ve had the following questions about Native American business incubators. I recently spoke to Jessica Stago of NABIN and Peter Holter of NEIR to find out. WHY DO NATIVE AMERICAN BUSINESS INCUBATORS MATTER Jessica Stago Navajo NABIN program manager Native people have thus far been left out of the modern economy for various reasons. Incubators fulfill a necessary mission to support Native entrepreneurs by creating an ecosystem that celebrates the success sacrifices and risks that aspiring business owners take. Native entrepreneurs are usually not generational wealth recipients many are risking everything they have worked for their entire life. Some may be first generation college graduates that are working hard to build a business from nothing but their own crafted resources. Peter Holter NEIR program director NEIR recognizes the need to develop and grow Native American entrepreneurial businesses. Our goals are to reduce economic leakage in Tribal communities strengthen entrepreneurial and business skill sets for sustainable profitability and to move from a state of possibility to a state of probability in Tribal economic growth. WHAT MAKES YOUR INCUBATOR UNIQUE FROM OTHER INCUBATORS Stago We target businesses based on or near the reservation and we recognize that our members are building their business in an environment that is not friendly to their venture. They face challenges that are not only uncommon but are counterproductive to what they are trying to accomplish. Yet we also understand that the market they have access to is constantly growing and this is where the opportunity for growth exists despite the challenges they face. Holter First off NEIR is a unique incubator that is by for and about Native Americans. We use a model of one on one mentoring over a 6-month period creating a network of participants and advisors stipends for incubator participants and access to capital microloans and office space in the Albuquerque area. Since our start in 2014 24 entrepreneurs graduated (61% Native women entrepreneurs) 84 new jobs created 7.365 Million in new gross revenues generated and four companies received further investment as a result of their NEIR work. We see other Native incubators as resources not competition. Native American Business Incubators Innonations [https aipi.clas.asu.edu inno-nations] Native American Business Incubator Network [http nativeincubator.org ] Native American Entrepreneurial Empowerment Workshops [www.nativesmallbusiness.org resources] Native Entrepreneur In Residence Program [http neirprogram.org ] Native American Entrepreneurial Empowerment Workshops US SBA Office of Native American Affairs (ONAA) [www.nativesmallbusiness.org ] www.tribalbusinessjournal.com JULY 2017 51 ENTREPRENEURIAL SPIRIT of a business idea. Financial literacy is one of our many points of focus. WHAT S NEXT Stago We will continue our mission to build an entrepreneurial community through innovation and cultural integrity. In the short term NABIN is focused on building businesses that will contribute to the local economy of Native communities. Future activities to accomplish our mission include tackling long-standing challenges through positive policy development promoting entrepreneurship in tribal economic development strategies and continuing to support entrepreneurs with our Kimberly Gleason of the Navajo existing services. Holter NEIR is focusing on broaden- Nation pitching her business plan ing its reach among Native communities for Two Worlds Theater and Film. nationally. Currently we work in New Mexico Arizona Oklahoma Montana and California with plans to develop programs soon in the Midwest--Michigan Wisconsin next. In addition to our current program serving three stages of entrepreneurs (pre-venture early stage and high growth) we are developing a business basics program for young Native Americans--a 3-month course in developing financial literacy which will serve folks well whether they decide to become entrepreneurs or want to enhance their employment skills. WHAT ARE SOME OF YOUR INCUBATOR S LESSONS LEARNED THAT SHOULD BE PASSED ON TO OTHER NATIVE BUSINESS OWNERS Stago When considering building Misty Kuhl of the Fort Belknap your business on the reservation don t get Indian Reservation pitching her caught up in the constant messaging of business plan for Girlzilla. red tape. An entrepreneur solves problems they do not focus on the problem itself but on the solution. If one thinks of the challenges of reservation-based businesses from an entrepreneurial perspective the well-known issues that seem impossible become little more than bumps in the road. Holter Most NEIR participants come to realize the real importance of understanding the financial side of business particularly developing accurate budgets and cash forecasts....critical to the success 52 JULY 2017 www.tribalbusinessjournal.com 2017 CALENDAR July Tribal Business Journal compiles a monthly calendar of economic development events in Indian Country. If you have an event you would like to have published please send information eight weeks in advance of the event to Andrea Richard associate editor at arichard SFBWmag.com. July 6-10 2017 NATIONAL UNITY CONFERENCE TODAY S NATIVE LEADERS Hyatt Regency Denver Denver Colorado Unityinc.org July 24 TBIC AND DOI ECONOMIC DEVELOPMENT DATA WORKSHOP Twin Arrows Navajo Casino Resort Flagstaff Arizona www.tribalselfgov.org July 27 July 19-20 TSGAC SGACSELF-GOVERNANCE 3RD QUARTER ADVISORY COMMITTEE MEETING Embassy Suites DC Convention Center Washington D.C. www.tribalselfgov.org July 24-26 TRIBAL LISTENING SESSION REORGANIZATION OF THE EXECUTIVE BRANCH Tulsa Convention Center Tulsa Oklahoma www.ncai.org events OIGA CONFERENCE AND TRADE SHOW Oklahoma Indian Gaming Association Oklahoma City Oklahoma Oiga.org conference August 19-20 July 25-27 Map of United States 1876 TRIBAL INTERIOR BUDGET COUNCIL Twin Arrows Casino Resort Flagstaff Arizona www.ncai.org events THE 96TH ANNUAL SANTA FE INDIAN MARKET Southwestern Association for Indian Arts (SWAIA) Santa Fe Community Convention Center and various locations Santa Fe New Mexico www.swaia.org www.tribalbusinessjournal.com JULY 2017 53 NATIVE NATIONS NEED TO WEIGH IN ON MENU OF OPPORTUNITIES BY GARY DAVIS This past May I had the opportunity to serve as the Master of Ceremonies for the National Tribal Energy Summit in Washington D.C. The summit presented by the Office of Indian Energy Policy and Programs at the U.S. Department of Energy and coordinated by the National Conference of State Legislatures focused on many of the same economic issues that I work to improve each day in the tribal financial sector including access to capital and capacity-building. Secretary of the Interior Ryan Zinke joined the conference as a keynote speaker and left those in attendance with much to consider. While he was scheduled to speak about the key energy priorities of the federal government under the new administration it was his comments on the federal trust responsibility to tribes that drew the most attention. Secretary Zinke had this to say about sovereignty the trust relationship and efficacy of the Bureau of Indian Affairs (BIA) Sovereignty should mean something. We throw that word around a lot but what does it actually mean We need a discussion on that. As I look at the 1934 Indian Reorganization Act I think it s time for a dialogue. As a steward of our Indian trust lands what are we going to be 100 years from now Is there an off-ramp If I offered today that the tribe would have a choice of leaving the Indian Trust lands and becoming a 501(c)(3) Corporation another entity some tribes would take it. Quite frankly as BIA (the Bureau of Indian Affairs) I m not sure in many ways we re value-added. I m not sure that we re providing the services in education in a regulatory framework that promotes self-determination. Quite frankly I m not sure we are and we need this dialogue. His comments stirred the crowd and sent shockwaves through tribal communities eliciting responses from every corner of Indian Country. Many likened his A Seat at the Table FINANCIAL SERVICES remarks to the post-World War II federal Indian policy of termination where the government ended federal recognition of some tribes dissolved their trusts and divided up the land. Others saw parallels to Alaska Natives and formation of Alaska Native Corporations (ANCs) at the expense of sovereignty. After policy changes by former President Obama some Alaska Native villages are beginning the land-into-trust process accelerating the Land-Buyback Program for Tribal Nations that is restoring hundreds of thousands of acres to tribal communities. Due in part to the detrimental effects of termination President Richard Nixon ushered in a new era of federal Indian policy focused on self-determination and exercise of tribal sovereignty. Since his declaration in 1970 tribal nations have slowly solidified tribal government operations built reservation economies and begun the difficult task of assuming greater political and fiscal responsibility over Indian Country. Secretary Zinke echoed many of those policies during his speech saying We need to get out of your way so you can do it. Sovereignty is a word that has meaning. Consultation is not a last minute idea. This is a refreshing perspective from a federal official. However aspects of tribal nations relationship with the federal government continue to create roadblocks to self-determination and the full exercise of tribal authority over tribal lands. Secretary Zinke referred to the federal track record in Indian Affairs as underwhelming and was quick to admit that if you go out west the Department of Interior [...] we re not well liked in some places. How do we restore trust The efficacy and trustworthiness of the BIA have long stood as impediments to fulfilling tribal self-determination and the exercise of sovereignty. Bureaucratic red tape consistently stymies resource development on tribal lands something Secretary Zinke is personally familiar with given the struggles the Crow Nation has endured in developing the abundant resources on their tribal lands. Secretary Zinke lamented A lot of times the deci- sions that should be made instantly in the front line have to go all the way up through bureaucracy bureaucracy bureaucracy all the way up to my desk on a decision that should be made instantly in the field. Projects on private lands receive approval in the matter of a few months those same projects on tribal lands can take years (if they ever get approval at all) to navigate bureaucratic impediments imposed solely on tribal communities. He has a difficult path ahead to reverse a federal bureaucratic culture that has systematically hampered Native development for centuries. Only a few months ago the BIA along with the Bureau of Indian Education (BIE) and Indian Health Service (IHS) was identified as high-risk by the Governmental Accountability Office for mismanagement fraud waste and abuse. In 2014 the BIE could not account for 1.7 million in federal funds earmarked to educate our future generations. These funds have been lost to bureaucratic fraud and incompetence. This is but a small drop in the bucket to the billions historically stolen and misused by BIA and other federal employees in abdication of trust responsibilities. Tribal nations and the Native Americans they represent have endured considerable hardships over time subjected to government policies intending to strip them of their lands dignity and opportunity. It is only through our own ingenuity and perseverance that tribal communities are seeing improvements. Now we manage multi-billion dollar enterprises and provide critical social services like elder care cultural preservation education hospitals and housing to our communities. Despite our progress Indian Country is still plagued by poverty substance abuse and a fear of moving forward. While Secretary Zinke s comments about creating an off ramp to the federal trust relationship may or not be the Secretary of the Interior best solution to Ryan Zinke help tribal governments serve their communities we absolutely need to have a conversation about how to promote tribal sovereignty and more importantly come to unilateral agreement as to what tribal sovereignty means so that it is the same definition understood by both Indian Country and the federal government. We need to eliminate harmful federal bureaucratic practices so that we can continue to evolve our relationship with the federal government into something that gives each tribe the flexibility to follow their own path to prosperity. Secretary Zinke added that the federal government should be many things to tribes--helpful advocates and partners. Tribes are positioned better now than ever to have a voice in our relationship with the federal government and the states that surround our communities. He concluded by saying It is time to sit down at a table and discuss what we should be. The decision is going to be [Indian Country s]. As a young man my grandfather taught me an important lesson about parity that I would more fully understand later in life by saying If you are not at the table don t be surprised if GARY DAVIS you end up on the menu. It is (CHEROKEE) time for our Native Nations to IS EXECUTIVE take a mutually equitable seat at DIRECTOR OF THE the table in order to decide what NATIVE AMERICAN the menu of opportunity is for FINANCIAL SERVICES Indian Country. Only then can ASSOCIATION AND A our future truly be self-deter- MEMBER OF THE TBJ mined. ADVISORY BOARD. A 1 Observing Corporate Formalities BY KARRIE WICHTMAN cles of organization and use operating agreements but there is no limit to innovative business structures and how structures govern themselves. But governing documents at a minimum should set forth (1) the purpose of the company (2) the powers of the company (3) whether the company is entitled to share in the tribe s privileges and immunities (4) the proper procedure to waive the company s sovereign immunity (5) the governing body structure its composition its powers (6) its responsibilities and obligations with regards to meetings and decision making (7) the rights and obligations of the owners (8) how profits and losses are allocated (9) any restrictions on the company and (10) the process for dissolution and termination of the company s existence. When created properly wholly owned tribal businesses enjoy a special status as a tribal instrumentality which makes it doubly important that governing documents explicitly state that the company as an arm of the tribe is entitled to the privileges and STRONG CORPORATE GOVERNANCE IS ESSENTIAL TO PROTECT TRIBAL ASSETS DESPITE THE BUSINESS ENTITY. s Indian Country continues to expand its economic development more and more tribes are creating wholly owned and operated companies ranging from unincorporated entities corporations and limited liability companies ( LLCs ) to federal chartered companies. To foster economic development many tribes have enacted sophisticated business organization laws to govern the creation of tribally-owned companies and to control and predict exposure to liability. However simply enacting laws and creating tribal companies are not enough to curtail liability--companies must also observe corporate formalities. This is especially important for tribally-owned businesses to protect tribal coffers. Strong corporate governance is essential to protect tribal assets despite the business entity. Every company needs a set of internal rules that governs company operations. Corporations typically have articles of incorporation and bylaws while LLCs have arti- 56 JULY 2017 www.tribalbusinessjournal.com LAW immunities of the tribe. Coupled closely with formation as an instrumentality are detailed steps of when how and why a company may waive its sovereign immunity. Without these specifics in governing documents tribes may find it difficult to attract reputable business partners and investors as well as face complicated litigation over sovereign immunity. Governing documents however impeccable are not enough---the company must follow the requirements outlined in the governing documents. Adhering to corporate formalities ensures that the business operates as intended shields its owners from individual liability contracts are properly authorized and waivers (or lack of waivers) are valid. To enjoy the full benefits of the corporate structure the governing body must adhere to requirements related to meeting notices quorum and voting requirements fiduciary responsibilities and requirements imposed by policies and procedures. When a corporate entity acts according to the governing documents the company becomes durable and defendable. When the company action is documented in meeting minutes the company becomes even stronger. Each act of the governing body should be reflected in the meeting minutes which should describe (1) the act (2) how it was put before the company e.g. by motion who made the motion who supported the motion (4) the deliberation of the act (5) and how the act was authorized e.g. the existence of a quorum how many voted for and against how many abstained and who has authority to execute any action. Finally a clear and comprehensive record retention policy describing which records are kept how they are kept and for how long is crucial. After all what good is a strict adherence to corporate formalities if it cannot be proven when claims are raised Well maintained corporate records help keep the business operations efficient but more importantly also prevents a plaintiff from the deep pockets of the tribal government coffers by allowing a strong defense to an action to pierce the corporate veil. Observing corporate formalities and keeping good records to prove it allows the company lawyer to prove that a tribal company is acting independently from the tribal government thus protecting tribal assets and risking only company funds. Admittedly it is a tedious task to observe corporate formalities--it is laborious and very time consuming. But it is work that is necessary to accomplish the very reasons the company was formed in the first place to limit liability of the tribe and protect the tribe s assets while still KARRIE WICHTMAN allowing the tribe to engage in economic (SAULT STE. MARIE TRIBE development initiatives to further self- OF CHIPPEWA INDIANS) determination and self-sufficiency of the IS A PARTNER WITH THE tribe and its members. Good behavior will ROSETTE LAW FIRM AND ensure the tribe will enjoy the benefits of A MEMBER OF THE TBJ the company s success. ADVISORY BOARD Come for the art stay for the experience Education today is your bow your arrows and your shield so keep learning. It is a pillar that makes a strong community. -Danielle Ta Sheena Finn Standing Rock Sioux 2016 Miss Indian World JD Candidate 17 Indian Legal Program Sandra Day O Connor College of Law Arizona State University Earn a JD JD MBA or a Masters of Legal Studies Certificate in Indian Law Indian Legal Clinic Rosette Tribal Economic Development Program National Conferences World Class Faculty Extensive Selection of Indian Law Classes Learn more at law.asu.edu ILP or ILP asu.edu www.tribalbusinessjournal.com JULY 2017 57 Santa Fe Indian Market SOUTHWESTERN ASSOCIATION FOR INDIAN ARTS August 19-20 2017 santafeindianmarket.com Joyce & Juanita Growing Thunder (Assiniboine Sioux). Photo by Gabriella Marks 2016 58 JULY 2017 www.tribalbusinessjournal.com TOURISM August When All Roads Converge in Santa Fe BY AMANDA CROCKER he Santa Fe Indian Market is the largest and most prestigious juried Native arts show in the world. Launched in 1922 Indian Market attracts more than 120 000 visitors from across the world to buy art directly from roughly 1 000 artists from 200 plus federally recognized tribes from the U.S. and Canada. For many visitors the Indian Market provides a unique opportunity to meet Native artists and learn about contemporary Indian arts and cultures. Quality and authenticity are the hallmarks of the Santa Fe Indian Market. Come for the art stay for the experience. Ask anyone who has been and they will tell you that Santa Fe Indian Market is much more than a market--it s an experience. Some 700 artist booths filled with jewelry pottery textiles basketry paintings and much more take over 17 blocks of downtown Santa Fe New Mexico. Native music and dance a clothing contest and a film festival are highlights of the weekend and are all free to the public. Also open to the public is the Contemporary Fashion Show now in its fourth year. It features native designers who are putting forward cutting-edge designs and accessories for showcase Jamie Okuma (Luise o at the Indian MarShoshone-Bannock) s design ket and takes place at the 2016 Haute Couture Saturday afternoon Fashion Show. with seats available for a small fee. For those looking for a more intimate experience there is the Best of Show Ceremony & Luncheon and the Preview of Award-Winning Art both of which occur the Friday before. At the Best of Show Ceremony attendees can be among the first to find out which artists have won the prestigious Best of Class awards in all traditional categories as well as the highly coveted Best of Show award. Being a Best of Show winner at the Santa Fe Indian Market can be a career-changer. At the Preview of Award-Winning Art event later in the day attendees can peruse the several hundred entries into judging for Best of Show displayed in the ballroom of the Santa Fe Community Convention Center. It is an opportunity to see the best art in Native America close-up before it is swept up and taken out to the artists booth Saturday morning and then dispersed across the globe. Tickets for these events are available via santafeindianmarket.com or by calling 505-983-5220. The most elegant and exclusive event of Indian Market is the annual gala which is held on Saturday evening at the historic La Fonda on the Plaza. Guests including some of the best-known and highly regarded Native artists in the world are encouraged to dress in traditional tribal regalia and Santa Fe formal for a dinner and live auction preceded by a cocktail party and silent auction. The bidding is high-energy and the chance to go home with a master work of art created by an artist who may be sitting with you in the room is once-in-a-lifetime. The Gala is also the largest fundraiser for SWAIA (Southwestern Association for Indian Arts) the local non-profit that produces the Santa Fe Indian Market. Visit the website or call SWAIA for tickets which sells out every year. Santa Fe Indian Market is nothing if not diverse. The diversity within the tribes the individual artists and of course the art itself makes for an exciting show. It is truly a time when Native Americans come together. Santa Fe Indian Market by the Numbers Santa Fe Indian Market attracts over 120 000 visitors from all over the world to buy art directly from roughly 1 000 artists from 200 federally recognized tribes from the U.S. and Canada. The event spans 17 city blocks in downtown Santa Fe New Mexico. Each year between 75 000 - 100 000 is given out in awards directly to artists recognizing both traditional and contemporary art forms. Five to eight Artist Fellowships are awarded each year including for youth. The Santa Fe Indian Market provides enormous economic opportunities many artists make a third or half of their yearly income at the event. At Santa Fe Indian Market 100 percent of the proceeds of sales remains with the artists. SWAIA does not take a percentage of artists sales but instead relies on booth fees donors sponsors and memberships. Countdown to the 100th Santa Fe Indian Market 96th 97th 98th 99th 100th August 19-20 2017 August 18-19 2018 August 17-18 2019 August 15-16 2020 August 21-22 2021 www.tribalbusinessjournal.com JULY 2017 59 COMMUNICATIONS W The Lawyers Indian Question... BY GLENN C. ZARING and to consider the words of others before speaking. There is more but those come first. This lawyer s question is relevant to all of us in Indian Country. Unfortunately the answer demands a shift in thinking from non-tribal members. When the outsiders see a tree do they bother to offer up a prayer of thanks for the shade the tree has shared with us Or do they make a quick calculation on number of board feet available if the tree is harvested You know how we look at it. When the outsiders sit down with a tribal council do they actively listen to what the council is saying before they make their PowerPoint presentation and present their slick proposal Or do they just listen long enough to pick up some points which they can build into their sales presentation The other side of the coin is Do we really want to be able to communicate on deeper levels with those outside our tribal families Do we even care if they learn about us or do we just want to be left alone The answers are for each of the tribes and their people to consider. We are in a connected world and as much as we might wish to live apart from it it is there and it will intrude whether we want it or not. From cell phones and tablets to GPS markers and GIS mapping the interconnectedness of the world is real. It is there and we need to consider our actions and reactions to it. We also need to be ready and able to grasp opportunities the connected world brings us. A thought on how to do this is to first spend time on the vision you have for your tribe your nation and your people. Don t just say that We need to practice the old ways. Or We must return to the land to Mother Earth. Ask yourself why we need to practice the old ways or why we must return to our Mother. Just using the phrase because it is popular or because it is a habit doesn t accomplish anything. Form the answer into something that you truly understand and something that you truly want. Make this vision yours Make it a vision that can be shared among your people. Make this vision your message. By clarifying this tribal message we can more effectively answer the question when fancy lawyers try to talk to us. If we cannot adequately present our beliefs and desires to outsiders in terms that both of us can understand we will never be able to peacefully coexist. And that will rob us of opportunities that we desperately need. Opportunities that usually come with fancy lawyers attached. We must be able to communicate with outsiders or we will become nothing more than quaint footnotes in a few history books. It is truly that important e just don t know how to talk to Indians How do you do it These words came from a respected high-powered attorney following a recent hospital board meeting where the subject was How can we improve the interaction of the hospital system with the needs of our tribal community He continued We have presented many proposals to the tribes and nothing happened. This particular attorney is well educated in the law and works with many governments and non-profits in our state. Generally he is viewed as a good man. What was amusing is that this lawyer is known for not getting flustered...however this time he was very very close The look in his eyes told it all. Upon first hearing the question teachings began to come to mind. Teachings that could be shared to help him understand us. The Seven Grandfathers Talking Circles and many others came unbidden to me. However they were shelved as his question was examined. What did this attorney want Did he truly want to learn about talking to Indians was this merely a ploy to get business and what did he want to do with the information As this article is being written a Talking Feather and a Talking Stick hang on the wall above my monitor. They serve as reminders to be respectful to listen intently GLENN C. ZARING (CHEROKEE) IS THE FORMER PUBLIC AFFAIRS DIRECTOR OF THE LITTLE RIVER BAND OF OTTAWA INDIANS BASED IN MANISTEE MICHIGAN AND OWNER OF TRIBAL PUBLIC AFFAIRS ADVISOR (TPA2). HE MAY BE REACHED AT PUBLICAFFAIRSADVISOR GMAIL.COM. 60 JULY 2017 www.tribalbusinessjournal.com BUSINESS ETHICS U Who s got your six BY RANDALL SLIKKERS nethical behaviors generally manifest themselves in three distinct ways. Individual small group and cultural. Just as each of these situations are distinct they all require a unique approach to combat. Let s take a brief look at each. In the case of the individual most do not have a history or demonstrate behaviors that would identify them as being unethical. Often they have a history of helping others and demonstrating sound management. It s often a life situation (gambling marital affairs wanting a lifestyle above their means) that leads them down the wrong path. We usually see this manifested in embezzlement. The small group is usually based on power and opportunity. They have power (all work in the same department or are the key leaders in the organization) and they can work the system towards their gain. This tends to lead to types of behavior such as insider trading or inequitable salaries and perks. One of the most problematic ethic quandaries is those that are engrained deeply into the culture of the entire organization. Take Wells Fargo as a prime example where more than FIVE-THOUSAND employees and the CEO were fired for unethical behavior Their unethical culture was unprecedented. Over the last year I ve stressed the need to develop an entire ethics infrastructure to combat against unethical behavior and situations. I d now like to talk about a technique that it a bit simpler. I ll start with a question. Who s got your six According to www.gotyour6.org in the military got your six means I ve got your back. The saying originated with World War I fighter pilots referencing the rear of an airplane as the six o clock position. On a battlefield your six is the most vulnerable. So when someone tells you that they ve got your six it means they re watching your back. In turn that person expects you to have their back as well. I believe anyone with leadership responsibilities at any level of your tribal enterprise has got to find out who has their six. I don t mean by slapping high-fives and fist-bumps in the breakroom. I mean a formalized ongoing system. Here are some basic steps to take in developing your got your six partnership. Identify the person who will have your six and who will return the favor. Choose someone you already have a strong relationship with. However it is critical you choose someone who has the capacity to tell it like it is. Most often this will be a peer. You must plan on formal meetings. I don t mean sitting down in the board room with an agenda and time clock. In fact I encourage the meetings to be off-site. I ve found a monthly breakfast or lunch to work the best. By formal I mean they are planned and meaningful. You must constantly challenge the norm. Simply looking across the table at each other and asking Is everything alright won t work. You must probe uncomfortable subjects look under every rock. Ask how you could have handled situations better. If your meetings don t make you feel uncomfortable at times they re probably not as effective as they need to be. And finally you must evaluate these meetings. Every sixmonths or so take a long hard look at how the information discussed at your got your six meetings are meeting applied. In the case where any unethical activity occurred you will need to dig deep to find out if your meetings helped. Or were you blindsided Constantly push yourselves to do better. If everyone in your tribal organization would use this simple method you re providing one more barrier in the defense of unethical behavior RANDALL SLIKKERS which can adversely affect your long- MBA IS THE EXECUTIVE term goals to benefit your tribe. Isn t DIRECTOR OF THE that what we re all trying to do So I CENTER FOR EXCELLENCE ask you again Who s got your six IN ASSISTED LIVING (CEAL). NATIVE SCENE Photo credit Carol Franco courtesy of Native Treasures Festival attendees gather for the 13th annual Native Treasures Indian Arts Festival Featured artist Jody Naranjo seated left joins friends at the festival Native Treasures Indian Arts Festival During Memorial Day Weekend this two-day festival now in its 13th year in Santa Fe New Mexico celebrated the works of more than 200 Native American artists from a range of disciplines. Proceeds from the event benefit the Museum of Indian Arts and Culture. Works from the Native Treasures artists are included in the museum s permanent collection. Guests enjoy meeting more than 200 Native artists Artist Jody Naranjo poses with artwork and friends Supporters of the Museum of New Mexico Foundation enjoy the 2017 VIP Benefit Party Celebration 62 JULY 2017 www.tribalbusinessjournal.com FEDERAL PROCUREMENT Qualify the Opportunity BY ADOLFO VASQUEZ business meets sole source criteria or is considered for an R&D effort you will be caught in a catch-22 situtation. This may sound too simplistic and elementary but the number of Hail Mary proposals that are submitted even today is staggering. Contracting officers understand that you believe you can perform the work. They just don t have the luxury of taking chances nor are they allowed to by the FAR. When I was an active contracting officer I had a poster behind my desk that read Don t talk just act Don t say just show Don t promise just prove. Those principles helped me be a successful contracting officer. I am confident those posters are all over the walls in a procurement office. Even if you show that your team can technically perform the work and you have documented it in your proposal NOTHING substitutes for qualifying past performance. CAPACITY IS THIRD. Opportunities within your performance profile should be your target. If you don t think you can be a prime start out as a subcontractor . Then like preparing for a marathon run initiate a strategy to grow your business in incremental steps to become a prime . Developing a sound portfolio of subcontract work with your team is an effective strategic start. Teaming up with a successful prime can take you to the dance with them. Performing successfully with that prime and being recognized as a sub factor in their CPARS PPIRS (FAR 42.1503(b) (3)) performance assessment for your performance on the team can get you prime recognition as a subcontractor. FOURTH IS CAN I AFFORD TO BID We also have heard the expression My eyes were bigger than my stomach. Insuring that your business plan and financials are current will insure your capture planning is effective. We have all gone over our heads at one time or another. But businesses cannot afford it Does it happen Of course it does. But your capture plan should have strategies to (1) prevent the overloading of business resources and assets and (2) have pre-determined steps to initiate the recovery developed before you jump not while you are in mid-air. In summary Qualifying the Opportunity means reading understanding and assessing all of the requirements. Then you assess the dollar value of the effort the experience required the capacity needed and the availability of funds to see it through. All of these factors LT. COL. ADOLFO VASQUEZ should be readily available to U.S. ARMY RETIRED you via your Capture Plan- IS A PROCUREMENT ning tool. TECHNICAL ADVISOR If a manager in your busi- FOR THE NATIONAL ness cannot Qualify the CENTER FOR AMERICAN Opportunity effectively and INDIAN ENTERPRISE in short order then a trip to DEVELOPMENT your local PTAC PTAP for PROCUREMENT instruction on capture plan- TECHNICAL ASSISTANCE ning is recommended. CENTER (NCAIED PTAC). I n my last article I noted that capture planning is fundamental to being a successful bidder both in commercial and government procurement. But if you don t have astrategic plan to prepare your bid you are playing the slots with your bid money and time. Though a capture plan does not guarantee you a contract every time the odds of winning will increase with every qualified submission. Organizations that practice capture planning win more frequently larger and more competitive bids. We will begin our series with Qualifying the opportunity . We have always been warned don t bite off more than you can chew . VALUING YOUR EFFORT IS THE FIRST THING THAT MUST BE CONSIDERED For example if your biggest successful contract was 50 000 don t expect to be considered for anything above that. Even if you have the capacity to perform higher the contracting officer must justify the selection and defend the award. Rest assured that federal contracting officers would love to issue contracts to growing businesses and meet their small business quotas. But the risk is too high and the number of bids or award protests do affect efficiency reports. EXPERIENCE IS SECOND. Unless your IN THE NEWS tribal jurisdiction and that they are selecting tribal law as a choice of law. We think in other consumer contexts that that choice should be available to tribes and consumers. McGill has filed a motion requesting that the venue for the case be transferred from Chicago to Kansas City. It s not clear why the CFPB filed the case in Chicago since the tribe and lenders are centered on the Kansas City area. It could be several months before the court responds to the motion if it wants a full briefing and arguments McGill says. Detroit Michigan. The two-day conference included sessions on how Native businesses can enter the Chinese marketplace by targeting China s middle class. The Chinese middle class is earning more income than before and as this consumer base grows so does their buying power. This economic boost paves the way for opportunity for Native businesses to target and sell to this growing demographic. tribe seeks to partner with other tribes in the operation. The deal would involve net revenue sharing in which the Siletz keeps 25 percent and the partnering tribes gets 25 percent as long as the tribe agrees to never establish a casino in the region as reported by The Salem Statesman-Journal. The Salem casino is projected to cost 280 million and would open in 2021 bringing 1 500 fulltime jobs. The intertribal casino proposal comes not without political scrutiny after the recent opening of the iLani Casino Resort in Washington State. Lori Alvino McGill SHARING ECONOMY OR IS IT The Confederated Tribes of Siletz Indians of Oregon proposed a business plan but with a twist. The tribe plans to build a casino on tribal land in Salem and said it would share 25 percent of the net gaming revenue with local and state government. In addition the Siletz ONLINE LENDING CASE COULD SET PRECEDENTS A suit by the Consumer Financial Protection Bureau against four online lenders affiliated with a tribe could become an important part of case law says defense attorney Lori Alvino McGill of Wilkinson Walsh Eskovitz. The case brought by the CFPB against four lenders affiliated with the Habematolel Pomo of Upper Lake tribe involves critical issues about the application of case law regarding the internet which is sort of present everywhere and nowhere at once McGill says. The law needs to be further developed to protect tribes ability to export their legal frameworks in contracts McGill says. The consumers are fully aware they are entering 64 JULY 2017 www.tribalbusinessjournal.com CHINESE COMMERCE In June the National Center for American Indian Enterprise Development partnered with global retailer the Alibaba Group to host the inaugural Gateway 17 Conference in CASINO BATTLE A 10-year dispute with lawsuits finally ends with a settlement for the Tohono O odham Nation. Arizona state officials agreed to let the tribe expand its gaming enterprise Desert Diamond West Valley Casino by adding slot machines and table games. The suit was dropped on the agreement that the Tohono O odham will not open another casino in the Phoenix region. The Arizona Republic reported that local government officials alleged that the tribe secretly acquired land without disclosure in the West Valley with the intent to open a casino which prompted the legal dispute. Desert Diamond Casino West Valley located near Glendale Arizona opened in 2015. contribution in reducing global warming. As indigenous peoples we have a responsibility to protect traditional homelands which are inherently connected to our cultural languages and identities said a statement issued by the Tlingit & Haida along with the Standing Rock Sioux Tribe the Quinault Indian Nation and the Swinomish Indian Tribal Community. associates said Craig Benell general manager of the We-Ko-Pa Resort & Conference Center an enterprise of the Fort McDowell Yavapai Nation. TBJ S FUTURE PUBLISHER Tribal Business Journal s Manager of Business Development R. Cameron Jacobs welcomes baby daughter Karishma Cheyenne Jacobs. Allyson Doctor Country Broadband subsidiary serves the northern New York region. PEOPLE ON THE MOVE Allyson Doctor was appointed as the interim CEO of Mohawk Networks a tribally-owned broadband company in New York. Doctor brings 20 years of development experience from her background in health care telecommunications. She has a master s of science from Boston University. Mohawk Networks a North FOUR DIAMONDS FOR WE-KO-PA We-Ko-Pa Resort & Conference Center is the recipient of AAA s Four Diamond Award again this year. The Scottsdale Arizonabased resort has won the award for 12 consecutive years. A hotel does not achieve such consistent industry recognition without the hard work and dedication of its Karishma Cheyenne Jacobs Trump s withdrawal from the Paris Accord draws protest TRIBES SUPPORT CLIMATE PACT Despite the Trump administration pulling out of the Paris Climate Agreement tribal organizations across the United States remain committed saying they pledge to implement it moving forward. Under the agreement with the United Nations Framework Convention on Climate Change members will plan and report its own We-Ko-Pa Resort www.tribalbusinessjournal.com JULY 2017 65 LAST LOOK A copper bison creation M Ancient Dignity Sculpture BY ANDREA RICHARD he adds deer hide beads and horsehair. His subjects feature forms of deer heads porcupines quill textures and North American bison such as Ancient Dignity a 1 200-pound copper sculpture that stands nearly 5 feet. Each piece portrays a story passed down from the ancient nations of Oneida and Iroquois. His art is also inspired by his mother s storytelling. He s won numerous accolades throughout his artistic career including a First Peoples Fund s grant fellow Artist in Business first place in sculpture at both the Santa Fe Indian Market and the Woodland Indian Arts & Culture Festival in Wisconsin and counting. For more information about artist Mark Fischer visit turtleclan.com. ark Fischer a contemporary sculptor is an enrolled member of the Oneida Nation of Green Bay Turtle Clan. He began sculpting on his Oneida reservation in Wisconsin at an early age and today he pursues his artmaking fulltime. Before turning to exploring a career in the arts Fischer worked in administration in Native American education and served as the president of the Indian Community School in Milwaukee. Education remains dear to him. He uses his art to educate on Native American sacred traditions. His sculptures are hand-cut from copper welded with silver. He later air brushes them with a finish enhancing the copper. He comes from four generations of a blacksmith family which his father encouraged him to learn. Sometimes for details 66 JULY 2017 www.tribalbusinessjournal.com www.tribalbusinessjournal.com JULY 2017 67 The leading developer of Native American forest carbon projects for the California carbon market. Our partnership with New Forests will provide the Tribe with the means to boost biodiversity accelerate watershed restoration and increase the abundance of important cultural resources. Thomas P. O Rourke Sr. Chairman of the Yurok Tribal Council This is an excellent opportunity for our Tribe to move ahead with economic development ventures and continue to improve our forest management systems. James Russ President of the Round Valley Indian Tribes Forest Carbon Partners has successfully registered the most projects to date on tribal trust and fee land. We have registered projects with the Yurok Tribe and Round Valley Indian Tribes and are currently developing projects with the Mescalero Apache Tribe and the Port Graham Corporation. We finance and develop carbon offset projects that deliver real financial value and support the forest management goals of our clients. CONTACT US 68 JULY 2017 www.tribalbusinessjournal.com 1 415-321-3300 carbon newforests-us.com forestcarbonpartners.com