Happy New Year!

Friends,

Yesterday President Obama issued “A Renewed Era of Federal-Tribal Relations”, a progress report on the activity his Administration undertook during his eight years.  During his tenure, President Obama met annually with tribal leaders at the White House – this has never happened before.  He signed Executive Order 13,647 on June 26, 2013 creating the White House Council on Native American Affairs whose purpose is to bring together Federal Departments and Agencies to break down the siloes in order to better serve Indian Country.

The report “intends to set a baseline of progress for Tribal nations to reference in their ongoing work with the federal government” and “shares priorities that the WHCNAA will continue to work on as a result of Tribal leaders’ recommendations.”  The WHCNAA is a product of an Executive Order which could be rescinded by the incoming President as could  Executive Order 13, 175 on Tribal Consultation.  These Executive Order’s have been critical to achieving the successes we have seen under President Obama.  However, it is incumbent on us to remain vigilant in continuing to advocate for the type of progress we saw under President Obama.  In 16 days, we will have a completely new Administration with new people to educate while advocating on behalf of our communities.

I attended the President-Elect’s Tribal Listening Session in Washington, D.C. before Christmas and was encouraged by the number of tribal leaders and representatives present at the meeting.  But we cannot afford to lose any  momentum gained under President Obama.  This means being present and vocal in Washington D.C.

2016 was a real roller-coaster.  Here’s hoping 2017 is smooth sailing….

In peace with hope for good year,

L

If you are reading this blog from time to time, then likely you know about the protest against the Dakota Access Pipeline that has been happening on the Standing Rock Reservation in North Dakota.  Native America has gathered to support our cousins at Standing Rock and today, when the Court turned its efficient back on Indian Country, the Obama Administration stood with us.

In a Joint Statement from the Department of Interior, Department of Justice and Department of the Army issued mere minutes after the release of the Court’s opinion,  the Obama Administration put a halt to the construction near the reservation and asked the oil company to voluntarily cease construction on the pipeline within 20 miles of Lake Oahe!  Then, they said:

“Furthermore, this case has highlighted the need for a serious discussion on whether there should be nationwide reform with respect to considering tribes’ views on these types of infrastructure projects.  Therefore, this fall, we will invite tribes to formal, government-to-government consultations on two questions:  (1) within the existing statutory framework, what should the federal government do to better ensure meaningful tribal input into infrastructure-related reviews and decisions and the protection of tribal lands, resources, and treaty rights; and (2) should new legislation be proposed to Congress to alter that statutory framework and promote those goals.”

Continuing, the Statement says,

“In recent days, we have seen thousands of demonstrators come together peacefully, with support from scores of sovereign tribal governments, to exercise their First Amendment rights and to voice heartfelt concerns about the environment and historic, sacred sites.  It is now incumbent on all of us to develop a path forward that serves the broadest public interest.”

And all I can say is “Wow”.  Just “Wow”.

I was an employee of the Obama Administration and I cannot over-emphasize what a phenomenal effort this must have been by our friends and family working so hard on our behalf inside the government.  It can take weeks to get an even seemingly “simple” document approved by one Agency, let alone three.  And make no mistake, the POTUS himself had to approve this decision.

We have work to do still, no doubt.  We cannot relax.  We must remain vigilant.  Google’s dictionary defines vigilant as “keeping careful watch for possible danger or difficulties” and offers synonyms such as “watchful”, “observant”, “alert”, and my personal favorite, “hawk-eyed.”  There will be a ton of work to do.  Consultation will move forward as mandated by Executive Order 13, 175 which provides for meaningful consultation with Indian Tribes.  But this requires us, you and I, to be as vocal as we have been while on the front lines of the protest throughout the process.  For my tips on how to effectively “consult” check my blog “The Art of Consultation.”

Indian Country knows that the judicial system is not with us.  Some of you readers may not know that in 2001, the Native American Rights Fund started the Supreme Court Project whose purpose is to strengthen tribal advocacy before the U.S. Supreme Court by developing new litigation strategies and coordinating tribal legal resources, and to ultimately improve the win-loss record of Indian tribes. The Project is staffed by attorneys with the Native American Rights Fund  and the National Congress of American Indians (NCAI) and consists of a Working Group of over 200 attorneys and academics from around the nation who specialize in Indian law and other areas of law that impact Indian cases.

As I sit here in D.C.,  I am inspired by the work of the Standing Rock people, the protesters, the legal teams, and our friends in the Obama Administration.

Thank you, thank you very much.

Mni Wiconi. Water is Life.

Lael Echo-Hawk

On June 22, 2016, the President signed HR 812 as PL 114-178, the Indian Trust Asset Reform Act (Act). The Act reaffirms the responsibility of the United States to Indian tribes; authorizes a demonstration project for tribes to voluntarily negotiate with the Secretary of the Interior to manage their own trust assets; creates the option for the Secretary to establish an Under Secretary for Indian Affairs; and sets up a process to terminate the Office of the Special Trustee.

In other words, this is a VERY big deal.  There have been numerous lawsuits filed against the federal government for failing to appropriately manage tribal trust assets and, in the spirit of self-determination, this legislation begins to hand some of that management back over to tribes.  In a Congress bogged down by election partisan politics, Indian Country continues to chip away at issues important to us and find some success.

HR 812 was introduced by Representatives Simpson (R-ID); Cole (R-OK); and Heck (D-WA). Companion legislation was introduced by Senator Crapo (R-ID). A copy of HR 812, as presented to the President for signature, is here: https://www.gpo.gov/fdsys/pkg/BILLS-114hr812enr/pdf/BILLS-114hr812enr.pdf

Read more from our General Memorandum here

Happy Tuesday!
Lael

Yesterday I wrote about the need for increased tribal jurisdiction and enhanced tribal courts.  Yesterday, Samantha Bee did a segment on tribal courts and compared Donald Trump’s comments about the judge in his Trump University litigation to comments made about Tribal Court judges in the Dollar General v. Mississippi Band of Choctaw Indians.  Timely, hysterical and thought-provoking.  Enjoy!

I Stock photo - canoePicture it – February 24, 2015, Washington DC and NCAI Winter Session and NACA Congressional Outreach Summit are in full swing.  Native people from Kotzebue to Ft. Lauderdale, Florida have descended on the most powerful city in the world and are combing the halls of Congress and the Departments of Interior, Commerce and Labor. Many issues are being discussed – health care, marijuana, dental aides in Indian Country, integration of marijuana into our health care systems, taxes, access to broadband, development of a national emergency response system, the new BIA ICW guidelines, access to housing, homeland security, federal acknowledgement, Alaska land-into-trust rule, the Native 8a program, President Cladoosby’s reservation and the smelly plume of doom, just to name a few.

There is a lot going on. Let’s just say the Capital Hilton vacuums may never be the same. (As many Hoovers as Native hair has put to rest, we really ought to invest in vacuum companies…)

But in the midst of all this seeming chaos, there is a sense of purpose. A sense that (to borrow from my Coast Salish relatives) “we are all paddling together in the same canoe”.

I think this sense of community and purpose is a gift. As an advisor to tribes in all facets of their governments and business, my practice has run from gaming to child welfare, drafting tribal court rules, real estate, business development, marijuana, and on and on. I don’t think my experience is the exception, rather, the rule.

Indian Country is incredibly diverse. But no matter how many paddles we have on the canoe or how many different hands pull them, we are all paddling together to make life better for our community.

Shout out to all those tribal leaders freezing in their jeans and slipping on the ice in cowboy boots as they charge the Hill to ensure we are never forgotten. Hands up to all their staff and the staff of these organizations listed on this site who track these important issues and let us know when we need to act. Prayers for those warriors embedded in the enemy camp who work that side on our behalf.

Keep Paddling,

Lael

Warning Regarding Federal Law: The possession, distribution, and manufacturing of marijuana is illegal under federal law, regardless of state law which may, in some jurisdictions, decriminalize such activity under certain circumstances. Federal penalties for violating the federal Controlled Substances Act (the “CSA”) are serious and, depending on the quantity of marijuana involved, can include criminal penalties of up to 20 years in prison and/or a fine of up to $2,000,000. 21 U.S.C. § 841. The penalties increase if the sale or possession with intent occurs within 1,000 feet of a school, university, playground, or public housing facility. 21 U.S.C. § 860. In addition, the federal government may seize, and seek the civil forfeiture of, the real or personal property used to facilitate the sale of marijuana as well as the money or other proceeds from the sale. 21 U.S.C. § 881. Although the U.S. Department of Justice has noted that an effective state regulatory system, and compliance with such a system, should be considered in the exercise of investigative and prosecutorial discretion, its authority to prosecute violations of the CSA is not diminished by the passage of state laws which may permit such activity. Indeed, due to the federal government’s jurisdiction over interstate commerce, when businesses provide services to marijuana producers, processors or distributors located in multiple states, they potentially face a higher level of scrutiny from federal authorities than do their customers with local operations.

Please see the article HERE on the threat to Native rights posed by Alaskan GOP candidate Sullivan. The Native community in Alaska made their voice heard by going to the polls and writing in Lisa Murkowski. She won. We must continue to educate our community on the importance of voting and the importance of educating ourselves about the candidates who will speak on our behalf on local, state and national matters that impact Indian Country. Thanks Heather and Lloyd for the great analysis.

#GetOutTheVote
Lael