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Arizona youth among 1,000 at first White House Tribal Youth Gathering

About half of more than a thousand youth at the White House Tribal Youth gathering wore traditional tribal clothing. More than 230 tribes from across the country were represented. (Cronkite News Photo/Aubrey Rumore)

By Aubrey Rumore, Cronkite News

WASHINGTON — Brooke Overturf of Window Rock, Arizona, was momentarily flustered as she stood holding hands Thursday with Michelle Obama, while hundreds of other Native American youth crowded around, hoping for a handshake.

But the Navajo 19-year-old quickly recovered and pulled a turquoise ring from her hand to give to the first lady.

“I told my mom last night that if I met her (Obama) I was going to give her my ring. I gave her a ring my grandmother gave me,” said Overturf, emerging from the crowd one accessory shy of when she went in.

Overturf was one of more than 1,000 Native American youth representing more than 230 tribes from across the country who had come to Washington for what organizers were calling a “historic” first White House Tribal Youth Gathering. Dozens of youth from Arizona were at the event.

President Barack Obama had called for the meeting in April as part of his Generation Indigenous, or Gen-I, initiative.

The event brought together Cabinet secretaries and elected officials – and the first lady – for speeches and small-group sessions to discuss issues in Indian country and share their stories with tribes and various federal officials.

“Your cultures, your values, your discoveries are at the heart of the American story,” Obama told the cheering gathering, but she said tribes rarely receive credit for their contributions.

But the gathering was less about history than it was about finding solutions to current problems on tribal lands. Most Native youth, including those at the gathering, face what Attorney General Loretta Lynch called “tremendous” challenges.

“Many Native American children suffer post-traumatic stress similar to the level of veterans who have come home from Iraq and Afghanistan,” Lynch said.

For a long time the federal government has tried to “prescribe how the nations should live,” but Lynch said the U.S. government needs to recognize that tribal decisions are best left to the tribes.

“You have to lead, and we have to be your partners,” said Health and Human Services Secretary Sylvia Burwell, not the other way around.

Lynch, Burwell and other speakers encouraged the youth there to raise their voices. Lynch noted that “when it comes to civil rights and human rights,” young people have the “determination” to generate change.

“Every movement in this country has really been fueled by the energy of young people,” Lynch said.

The young people at the event had to be involved in order to get invited: The gathering was open to Native Americans ages 14-24 who had took the Gen-I challenge to create and document a project in their communities.

For Overturf, that meant organizing a free basketball camp on the Navajo Nation, recruiting help from a former women’s basketball player at Arizona State University, where Overturf is Miss Indian ASU.

She got her invitation in May and had help getting to Washington from ASU and from various sponsors. But many youth had to raise funds to make the trip.

“I know it was a challenge for a lot of Native youth to get here,” said Elton Naswood, a Navajo who works at HHS’ Office of Minority Health Resource Center in Washington.

Overturf said she reached out to other Navajo youth and other youth through the Indian community at ASU before making the trip.

“I could easily go by myself, but I am representing them too,” said Overturf, who routinely reminds tribal youth to “be proud of who you are and where you came from.”

Youth at the event were lauded by the Washington officials who turned out Thursday.

That was echoed by Sen. Heidi Heitkamp, D-North Dakota.

“We know one thing is for certain,” Heitkamp said. “We must involve youth.”

Despite the emphasis on self-reliance, however, the U.S. government still has to play a role in the betterment of Indian country, Heitkamp said.

“If by the time I’ve left office we have not changed opportunity, education, safety and healthcare on Indian reservations, then I have done nothing,” she pledged to the crowd.

The comments were well received but the first lady was clearly the star of the show.

“Every single one of your lives is precious and sacred,” Obama said. “And you definitely have a president and a first lady who have your back.”

Zinke attempts to block plans to increase royalties on public coal

U.S. Rep. Ryan Zinke, left, laughs with Darrin Old Coyote, chairman of Montana’s Crow Tribe, during Thursday’s announcement in Billings of a proposal to make permanent a tax break for coal mined from reserves owned by American Indian tribes. Westmoreland Coal Company produced 6.5 million tons of coal last year from the Absaloka mine on the Crow’s southeastern Montana reservation. Photo/ AP — U.S. Rep. Ryan Zinke, left, laughs with Darrin Old Coyote, chairman of Montana’s Crow Tribe, during Thursday’s announcement in Billings of a proposal to make permanent a tax break for coal mined from reserves owned by American Indian tribes. Westmoreland Coal Company produced 6.5 million tons of coal last year from the Absaloka mine on the Crow’s southeastern Montana reservation.
Photo/ AP

By Tom Lutey, The Montana Standard

U.S. Rep. Ryan Zinke, R-Mont., is attempting to block federal government plans to increase royalties that companies pay for coal, oil and gas taken from public lands.

Zinke, citing concerns about the coal economy and prosperity on Montana’s Crow Indian Reservation, proposed blocking funding to the U.S. Department of Interior, the agency charged with making sure the public receives a fair price for its coal.

Interior has been working on a possible increase in royalties collected. Zinke’s proposal, introduced Tuesday night as an amendment to the Department of Interior budget, would prohibit DOI from continuing to spend money on its royalty work. His concern with DOI’s proposal is that it will discourage future coal mining.

“In my home state of Montana, the Crow Nation suffers from unemployment rates as high as 50 percent — despite having over a billion dollars in coal reserves,” Zinke said on the House floor. “Similar situations play out in communities across America. This administration has waged a war against coal. In the words of Crow Chairman Old Coyote, ‘A war on coal is a war on the Crow people.’”

Battle lines over coal royalties in Montana were drawn months ago when the Department of Interior first suggested that Americans weren’t getting a fair price for coal mined from public land.

The federal royalty rate on coal from open pit mines on public land is 12.5 percent. States where mines are located receive half of what’s collected. Concerned that the public wasn’t getting its full share from those sales, DOI’s Office of Natural Resources Revenue began scrutinizing payments in 2007. It concluded that coal royalty rules, which hadn’t been updated since 1989, were due for revision in part to “provide early certainty to industry and ONRR that companies have paid every dollar due.”

Groups like Bozeman-based Headwaters Economics say the public has been shorted $850 million under the current royalty scheme.

Those who believe coal companies aren’t paying a fair price for public coal say companies have created subsidiaries to sell coal to at low prices in order to keep royalty payments down. Rep. Betty McCollum, D-Minn., made that point Tuesday night, urging House lawmakers to reject Zinke’s amendment. McCollum said royalties need to be based not on sales to subsidiaries but rather independent buyers who pay considerably more for coal. This is particularly a concern when coal is sold for export, McCollum said.

“It’s now been three years since it was first reported that coal companies were skirting federal royalty payments by selling coal to sister companies,” McCollum said. “These low royalty evaluations especially hurt Native Americans who depend on these royalties for their income.”

Currently, royalties are assessed when the coal is sold at the mine. That method works when coal companies are in fact selling to other companies, but sometimes the buyer at the mine gate is a subsidiary of the mining company. The coal company is essentially selling coal to itself, and its subsidiary ultimately resells the coal for a higher price.

Asian buyers from Japan and South Korea don’t purchase coal at the mine gate but rather at Pacific Northwest seaports. The DOI would like to see royalties determined at the port sale.

Coal companies counter that coal prices are higher at port because of the costs associated with delivering the coal from the Powder River Basin in Wyoming and Montana. A royalty based on that sales price would be a tax on the coal subsidiary’s transportation costs, as well.

Interior officials would like to set the royalty amount by default if one can’t easily be determined. That proposal worries coal companies — and Zinke. Both say the default amounts will be too arbitrary and costly.

Both Republican and Democratic officials from Wyoming and Montana have expressed concern about changing the current royalty scheme. Montana Gov. Steve Bullock, a Democrat, wrote Interior months ago about the risk of creating too much uncertainty by changing the royalty scheme.

Native leaders seek more control over assets

Ute Mountain Ute chairman presses for trust-fund reforms

By Mariam Baksh, The Durango Herald

WASHINGTON – Tribal leaders appealed to the federal government for greater control of their assets during a hearing of the Senate Committee on Indian Affairs on Wednesday.

In the 1800s, the federal government agreed to hold Indian lands for 25 years, promising to allot economic benefits of the land to Indians – a trust. The beneficiaries could not sell, lease or otherwise encumber their allotted lands without government approval. This practice is still in effect today, according to a recent Department of Interior report to Congress.

“Leasing lands should be tribally driven,” said Ute Mountain Ute Tribal Chairman Manuel Heart in a telephone interview. “We know what’s best for us.”

The trust is established in the Constitution and in extensive case law, but it is not codified in any congressional statute. Tribes support legislation by Sen. Michael Crapo, R-Idaho, and Rep. Mike Simpson, R-Idaho, to codify the trust and reform it to give more management control to tribal governments.

The legislation would maintain federal responsibility and oversight for the trust, but seeks to ensure accountability by having Native Americans provide input in management decisions.

Tribal leaders are also calling for the elimination of the Office of the Special Trustee. They say it is superfluous to the Bureau of Indian Affairs, and it causes delays and hurdles for tribal management.

The National Congress of American Indians has issued a resolution expressing the importance of the legislation in streamlining rules to promote economic development.

“We go to the BIA, and they say you have to go to the OST, then they send us back to the BIA,” said Ernest Stensgar, vice chairman of the Coeur d’Alene Tribe of Indians, describing the permitting process for logging projects. “OST is a problem. Our processes can come to a dead stop as we wait to find out who has jurisdiction.”

Kevin Washburn, assistant secretary for Indian Affairs, acknowledged as many as 43 steps are required for permitting development but said merging the positions would be “like rearranging the deck chairs on the Titanic.”

“Frankly, this fiduciary function is very important, having that expertise,” Washburn said. “We’re very cautious about claims that the OST position needs to be reformed.”

The committee also discussed the Supreme Court’s ruling on Carcieri v. Salazar. In 2009, the court ruled that only tribes recognized before 1934 should be included in the trust.

“It’s (Carcieri analysis) has been a horrible burden,” said Washburn, who explained that counties often fear a loss of tax revenue from tribes being accepted into the trust. “If there’s disagreement from the local or state governments, proposals to join the trust can languish for years.”

Washburn described another challenge concerning states’ jurisdiction.

“State taxation crowds out the ability of tribes to develop their lands,” he said.

“If we really want to get serious about issues like native youth suicides, then we have to allow development and tackling dual taxation.”

Heart said state control has affected the Ute Mountain Utes. The tribe has about 20,000 acres in New Mexico, but because New Mexico doesn’t recognize the Ute Mountain Utes, the state collects taxes from companies. Heart says that revenue belongs to the tribe.

These types of uncertainties create land insecurity and end up stifling economic interests for both native and non-native people, said Gregory Smith, an attorney working to defend tribal rights in the Southwest.

Heart said the Ute Mountain Utes have casinos and oil and gas developments, and they are looking to invest in solar energy, as well.

Feds seize 12,000 marijuana plants from Indian land in Modoc County

A surveillance photo taken in June 19 from the northbound shoulder of Highway 395 in rural Modoc County shows part of a large marijuana manufacturing site on the XL Ranch, which is American Indian Land belonging to the Pit River Tribe. The white pickup truck belongs to a private security firm contracted to guard the site. Photo/ Special Agent Charles Turner, U.S. Bureau of Indian Affairs — A surveillance photo taken in June 19 from the northbound shoulder of Highway 395 in rural Modoc County shows part of a large marijuana manufacturing site on the XL Ranch, which is American Indian Land belonging to the Pit River Tribe. The white pickup truck belongs to a private security firm contracted to guard the site.
Photo/ Special Agent Charles Turner, U.S. Bureau of Indian Affairs

By Denny Walsh, The Sacramento Bee

Law enforcement officers from at least four agencies on Wednesday swooped onto American Indian land occupied by two tribes in Modoc County and seized at least 12,000 marijuana plants and more than 100 pounds of processed marijuana.

In a release announcing the raids, Benjamin Wagner, the U.S. attorney in the Sacramento-based Eastern District of California – which includes Modoc County – emphasized, “Other than contraband marijuana and items of evidentiary value, no tribal property was seized and no federal charges are pending.”

Warrants signed Tuesday by U.S. Magistrate Judge Carolyn K. Delaney authorized federal agents to search “two large-scale marijuana cultivation facilities located on federally recognized tribal lands at the Alturas Indian Rancheria and the XL Ranch in Modoc County.” The county forms the northeast corner of California, with Oregon on the north and Nevada on the east.

A lengthy affidavit filed in support of the warrants quotes two informants as telling sheriff’s deputies that the two manufacturing sites are apparently operated jointly with the owners of a large cigarette-maker in Canada. In addition, according to the affidavit, a member of the Alturas Tribe has told the county’s supervisors that the marijuana manufacturing venture is financed by Jerry Montour, the top officer and controlling shareholder in the Canadian business. The two informants said they saw Montour earlier this year on the Alturas Indian Rancheria in an area between the heavily guarded building housing the pot-growing enterprise and the tribe’s Desert Rose Casino.

Wagner said he departed from his policy to decline comment on continuing investigations that have not yet resulted in criminal charges because the “grows in question have received substantial attention in Modoc County, as has the U.S. Department of Justice’s guidance relating to marijuana cultivation on tribal lands.” American Indian territories are sovereign nations with separate governments and are generally outside the province of federal, state and local authorities.

“The volume of marijuana that the XL facility alone was capable of producing, estimated at approximately 40,000-60,000 plants, far exceeds any prior known commercial marijuana grow operation anywhere within the 34-county Eastern District,” Wagner said. “According to tribal representatives, all of the marijuana cultivated at both facilities was intended to be distributed off tribal lands at various unidentified locations.

“As indicated in the search warrant affdavits, the investigation to date indicates both operations may have been financed by a third-party foreign national,” he said.

He said his office consulted with representatives of both tribes on multiple occasions before Wednesday’s raids and reminded them that cultivation of marijuana is illegal under federal law. Wagner said his office expressed to them the concern that large-scale, commercial grows on tribal lands have the potential to introduce controlled substances derived from the plants “in a manner that violates federal law, is not consistent with California’s Compassionate Use Act, and undermines locally enacted marijuana regulations.”

This specter, the tribes were warned, is “a concern for local law enforcement throughout the Eastern District and potentially warranted federal action,” Wagner said.

According to reports in Canadian newspapers and business publications, Montour’s company, Grand River Enterprises, is a billion-dollar manufacturer of tobacco products that are distributed in several countries, including wide distribution on tribal lands throughout the United States. Montour and his father, Peter, were two of the three founding partners.

The company is the largest private employer on Ontario’s Six Nations, the most populous native reserve in Canada and the only location of all six Iroquois nations.

Jerry Montour, a 45-year-old Mohawk, lives in Hamilton, a port city that wraps around the westernmost shore of Lake Ontario.

Read more here: http://www.sacbee.com/news/local/article26834551.html#storylink=cpy

New Snohomish County 911 service to assist when a call can’t be made

By Brandi N. Montreuil, Tulalip News

There are countless stories from 911 operators about cryptic messages from victims of crime. Buzzfeed News reported last year about a woman who called 911 and pretended to order pizza in order to hide her plea for help from an abusive boyfriend.

Situations like the pizza order can easily be mistaken as prank calls. Despite the quality training of 911 dispatchers, it’s tough to decide whether it’s a real emergency or someone’s idea of a joke. To date, many victims haven’t reached out to emergency services because making a phone call during a violent encounter can be too obvious.

Today Snohomish County completed testing and began accepting 911 emergency texts. The ability to text 911 is a lifeline in some situations. The program is still in its infancy and while individuals with plans through AT&T, Sprint, T-Mobile and Verizon can reliably text 911, internet texting services might not be reliable.

“Being able to text 911 will benefit clients who are in domestic violence situations, especially when you are in the presence of the perpetrator, whether they are right next to you, close to you or watching over you. It will be easier to hide a text message than to talk over the phone when in an emergency. Working in this field as an advocate, I think trying new things to reach out to victims and making it possible to come forward is always a benefit,” said Leora Jones, Tulalip Tribes Legacy of Healing Women’s Advocate.

The traditional method of calling 911 is still preferred. The text service is touted as a secondary option, “call if you can, text if you can’t.” It is not meant to replace traditional 911 calling.

“Text to 911 was designated for Short Message Service (SMS) texting, but continues to evolve quickly,” said SNOCOM 911 Executive Director Debbie Grady in a July 2^nd press release. “Although we’ve done extensive testing, we don’t have control over text delivery from the carriers of handsets. We don’t know how various over-the-top (OTT) applications and text from Wi-Fi will react in the 911 environment.”

If you’re not sure whether your carrier offers the ability to text 911, DO NOT send a “test” message to 911, instead a call your carrier and ask if this option is available under your plan.

If you live within the boundaries of the Tulalip Reservation, roaming poses a problem when using the new service. Cell signal strength can vary in many parts of the reservation. Tulalip Chief of Police Carlos Echevarria cautions, “The best way to reach Tulalip Police Department during an emergency is to call 360-716-9911.” A general 911 call or text is routed to SNOCOM and may or may not be transferred to Tulalip Police Department, which can lengthen response time. The Tulalip Police Department has a team of dispatchers that are fully trained to handle emergency calls and decode cryptic messages such as the pizza delivery call.

The option to text is welcome, however, there are shortcomings that texters should be aware of. A text can take longer to send, time is crucial in life-threatening situations. Also, location information sent through text is not the same as the information dispatchers receive when you call.

Other things to consider before opting for a text verses call: 911 text is not available while roaming and a text or data plan is needed to place the text. It is unknown how the new service will perform through Wi-Fi use. Also, multiple texts to 911 can be received out of order. Think back to that time you made dinner plans and your friend received the name of the restaurant before they received the text asking to meet up. Because the information isn’t always received in the order it is sent, it can be confusing for dispatchers. Last, texts may not be received depending on cell signal strength.

If you use the 911 text service, make sure you type in your location and provide the type of help needed. Answer questions and follow 911 dispatcher instructions. Do not use texting abbreviations, emoticons or emoji. Keep your text brief and clear and continue responding until the 911 dispatcher has closed the dialog. For those in a domestic violence situations or life-threatening circumstances, remember to silence your phone so that incoming texts are not audible.

Others who benefit from this new update in 911 emergency services are individuals who are deaf, hard of hearing or have a speech disability. In emergency situations, it’s not always easy to remember common safety practices, please refrain from texting and driving.

Tulalip Legacy of Healing Advocacy Center serves past and present victims of violence. For more information about their services contact 360-716-4100 or email lohsafehouse@tulaliptribes-nsn.gov.

Brandi N. Montreuil: 360-913-5402; bmontreuil@tulalipnews.com

Pamunkey nation looks to future after gaining federal recognition

After a 30-year struggle, the Pamunkey Indian tribe is first in Virginia to earn federal status

By Jackson McMillan, Tidewater Review

Acting Chief of the Pamunkey Indian tribe Robert Gray said the tribe has its work cut out navigating the new opportunities and programs the Pamunkey people are eligible for now that they are among the more than 500 tribal nations recognized by the federal government.

“The real challenge now is figuring out what our options are,” Gray said during a phone interview. “There are so many agencies and programs it’s like a smorgasbord of programs.”

On July 2, the federal government extended recognition to the Pamunkey Indian tribe, making it the first Virginia tribe to achieve such recognition.

In the wake of the announcement, former Pamunkey Indian Chief Kevin Brown, who has helped the tribe in its 30-year quest for such recognition, tendered his resignation as chief.

“It’s been a long hard road in getting the federal recognition, and I’m passing the torch to another member,” he said, adding that it is time for someone else to take up their own cause to advance the tribe.

Under Pamunkey law, Assistant Chief Gray will take over as acting chief and perform all of the duties of the chief. Gray said the Pamunkey will elect a new chief Aug. 6.

The tribe, which has 203 members, has proven that it meets seven mandatory criteria for federal recognition and will join the 566 other federally recognized tribal nations across the country. The process included collecting historical governing documents, tracing the lineage of tribe members and proving the tribe has lived as a distinct community with its own political influence since 1900, according to the Bureau of Indian Affairs.

“This work reflects the most solemn responsibilities of the United States,” said Kevin Washburn, assistant secretary of the Bureau of Indian Affairs in announcing the decision. “Our professional historians, anthropologists, and genealogists spent thousands of hours of staff time researching and applying our rigorous acknowledgment criteria to these petitions.”

Overcoming obstacles

The Pamunkey first applied for full federal recognition in 1982, Brown said.

Washburn’s decision was a defeat for numerous groups that had opposed the petition, including the Congressional Black Caucus as well as gaming and anti-gaming interests worried about the potential for the tribe to construct a gambling complex on the 1,200-acre Pamunkey reservation.

In January, several members of the Congressional Black Caucus voiced their opposition to federal recognition of the Pamunkey, asking Department of the Interior Secretary Sally Jewell and then-U.S. Attorney General Eric Holder to postpone the decision until the Justice Department investigated claims of discriminatory practices by the tribe.

The point of contention was in regard to an old tribal law that stated, “No member of the Pamunkey Indian Tribe shall intermarry with any (sic) Nation except White or Indian under penalty of forfeiting their rights in Town.”

Brown said the tribe repealed the law in 2012. “We hadn’t enforced that law in generations and did away with it before it got out.” According to Brown, the common rationale for the ban is that it was rooted in Virginia’s culture of racism, which, at the time, used racial intermixture as a means to deprive Native Americans of their ancestral lands.

The Association of American Convenience Stores also expressed fears that federally acknowledged tribes will result in competition for stores already located near reservations if a tribe decided to open a similar business on tribal lands, the reason being tribes would not have to charge taxes and a store could undercut prices.

Support for a historic tribe

But many historians and ethnologists have long argued that the descendants of the most powerful tribe to confront Capt. John Smith and the first English settlers at Jamestown deserved official federal status.

“The Pamunkey retained their original lands — their ancestral lands from the time before the English arrived — and they were the only group to do so. They’ve maintained their treaties with the government — treaties that go all the way back to the English and the 1600s,” said Buck Woodard, head of the American Indian Initiative at Colonial Williamsburg.

“If you want to know how important the Pamunkey and its leaders were — just look at how the English referred to them: They called them ‘The House of Pamunkey.’ And they’re still a special group today.”

Retired Virginia Department of Historic Resources archaeologist E. Randolph Turner II makes many of the same arguments, citing the tribe’s links to such historical figures as Powhatan, Opechancanough and Pocahontas.

Brown said Gov. Terry McAuliffe called him July 2 to personally congratulate the Pamunkey on their historic achievement.

In a statement issued by the Office of the Governor, McAuliffe lauded the decision.

“I want to congratulate members of the Pamunkey tribe on their tireless efforts to ensure that they receive the federal recognition that they deserve.” The governor’s statement also said he has supported federal recognition of the Pamunkey and recently sent a letter to the Bureau of Indian Affair backing their efforts.

McAuliffe said he hopes the Pamunkey tribe’s achievement will help enact the Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act, a bipartisan bill that would grant federal recognition to the Chickahominy, Eastern Chickahominy, Upper Mattaponi — also located in King William County — Rappahannock, Monacan, and Nansemond Indian tribes. These tribes have been recognized by the state, but not the federal government.

In a joint statement, Virginia’s U.S. Sens. Mark Warner and Tim Kaine hailed the announcement by the Bureau of Indian Affairs. They are also cooperating on the Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act.

“I congratulate the Pamunkey Indian Tribe on finally receiving this long-overdue federal recognition,” Warner said. “This historic milestone also reminds us of the work that remains before us to correct the injustices committed against Virginia Indian tribes. Senator Kaine and I will keep urging our colleagues in the Senate to pass our legislation to ensure that the Chickahominy Indian Tribe, the Chickahominy Indian Tribe-Eastern Division, the Upper Mattaponi Tribe, the Rappahannock Tribe, the Monacan Indian Nation, and the Nansemond Indian Tribe also get the federal recognition that they deserve.”

Members of the King William County Board of Supervisors also commended the Pamunkey on their recognition.

“I think it’s a great victory for the tribe, which made the first contact with British settlers 400 years ago, to finally have federal recognition,” said District 2 Supervisor Travis Moskalski.

Full federal recognition now allows Pamunkey tribal members to apply for a variety of programs, such as health and housing services, as well as educational and higher-learning opportunities.

Plans for the future

Brown said there is a 90-day waiting period before tribal members can begin benefiting from such programs, and it may be years before the Pamunkey are able to construct buildings they’re provided funding for, such as a health clinic. However, Brown said the Pamunkey are eligible to use facilities and services at the reservations of other federally recognized tribes.

Brown also quelled suspicions by many that the Pamunkey were planning to build a casino, which is permitted under full recognition.

“Look around,” Brown said gesturing to the line of trees and rows of crops that make up a sizable portion of land on the reservation. “There’s no place for a casino here.” Brown also said the Pamunkey hired a consultant to examine whether or not the reservation’s thoroughfares could handle the traffic a casino would undoubtedly bring. It was determined the investment from reconstructing roads and building a casino would not be feasible.

Gray said as much, saying the Pamunkey lack the infrastructure for a casino.

“We want to modernize, yes, but we’re country people and we like it that way,” Gray said. “For the long term we’re looking for options that benefit the tribe and allow us to be an independent sovereign nation. There’s a multitude of paths we can take but a casino is not one of them.”

“More than anything being recognized is historic vindication,” Brown said.

“Virginia tried to write us out, and this decision vindicates not only the Pamunkey, but every tribe that made up the Powhatan Confederacy. It gives our people legitimacy and it will benefit them down the road.”

When asked about the relevance of the decision coinciding with Independence Day, Brown chuckled.

“I hadn’t thought about that,” he said. “I guess maybe there’s a little bit of poetic justice there.”

McMillan can be reached by phone at 757-298-4136.

Pamunkey’s

30-year struggle

•1982: The Pamunkey Indian tribe applies for full federal recognition.

•2009: The Pamunkey file a letter of intent to petition the Bureau of Indian Affairs for federal recognition.

•August 2012: The BIA issues the Pamunkey “active consideration” for full recognition.

•January 2014: The Pamunkey earn preliminary federal recognition.

•January 2015: The Congressional Black Caucus asks the BIA to delay the decision and investigate the Pamunkey for discriminatory practices.

•March 2015: The BIA extends its deadline for a final determination on federal recognition of the Pamunkey.

•July 2, 2015: The Pamunkey become the first federally recognized tribe in the commonwealth of Virginia.

– See more at: http://www.tidewaterreview.com/news/va-tr-kw-pamunkey-0708-20150707-22,0,923109,full.story#sthash.Lsp8Jnwa.dpuf

Lawsuit challenges Native American adoption law

By Mary Jo Pitzl, The Arizona Republic

Native American children are being deprived of equal protection when it comes to foster care and adoptions because federal law places tribal supremacy ahead of the children’s best interests, a class-action lawsuit filed today alleges.

The suit, filed by the Goldwater Institute in U.S. District Court in Phoenix, challenges portions of the Indian Child Welfare Act as it applies to Native American children living off-reservation.

The suit details the cases of two Arizona families, each of which sought to adopt a child with Native American heritage only to have their plans held by the provisions of the 37-year-old federal law.

“Alone among American children, their adoption and foster care placements are determined not in accord with their best interests but by their ethnicity, as a result of a well-intentioned but profoundly flawed and unconstitutional federal law, the Indian Child Welfare Act,” the suit states.

It names as defendants the federal Bureau of Indian Affairs, the U.S. Department of the Interior and the state Department of Child Safety.

Federal officials did not have an immediate response.

Arizona Department of Child Safety Director Greg McKay is named in the suit because his agency has to follow the provisions of the federal law. The agency said it would not comment until the case is resolved.

The suit noted 1,336 Native American children were in out-of-home placements as of last September, citing the latest DCS data. If not for the federal law, the suit alleges, some of those children could be in permanent family situations.

The lawsuit does not involve Native American children living on reservation, where tribal courts have jurisdiction

Native Americans protest proposed Arizona copper mine

By David Schwartz, Reuters

Members of a Native American tribe in Arizona took to the roadways on Monday to protest against a proposal for a massive copper mine at a small town east of Phoenix, vowing to protect sacred lands.

A small group from the San Carlos Apache tribe began a scheduled cross-country caravan to Washington, D.C., to try to persuade the U.S. Congress to save an area known as the Oak Flat campground near Superior, Arizona.

The several dozen protesters hope to garner wide public support and get lawmakers to repeal a land exchange signed last year that paves the way for a $6 billion project by Resolution Copper Mining, a company jointly owned by Britain’s Rio Tinto and Australia’s BHP Billiton Ltd.

“This is sacred land to us and what they are doing is a betrayal,” tribal elder Sandra Rambler said in a telephone interview from the caravan. “It’s like someone ripping the guts out of you right when you’re standing there. We will not sit still and allow this to happen.”

Mine supporters tout its expected benefits, including about 3,700 jobs and $60 billion in economic impacts.

Project spokeswoman Jennifer Russo said the company was committed to involving tribal members and has reached out to “open the lines of communication and work cooperatively to address the issues.”

The battle lines were set in December when President Barack Obama approved the exchange of 2,400 acres (970 hectares) deemed sacred to Native Americans and precious to environmentalists.

The exchange was tucked into a defense spending bill and supported by members of Arizona’s delegation including former Republican presidential contender John McCain, who called the bi-partisan bill a “game-changer” for the area.

He also said in a statement last month that no tribal land or land designated as sacred by the U.S. Interior Department was involved and that the legislation includes key concessions to address opponents’ concerns.

Organizers said plans call for the caravan to stop at Native American reservations nationwide, adding to its ranks along the way. The goal is for 1,000 people to descend on the lawn in front of the U.S. Capitol on July 21, Rambler said.

“We’re the first Americans, and our voices need to be heard and they will be heard,” she said.

(Editing by Cynthia Johnston and Eric Walsh)

Gay marriage is still illegal for the Navajo. This man is trying to change that.

Alray Nelson lives in one of the last places in America where gay marriage isn’t legal.

By Jorge Rivas, Fusion

He’s a member of the Navajo nation, the largest Native American reservation, whose territory spans three states in which same-sex marriage is now the law of the land.

But the Supreme Court’s ruling last month that declared the Fourteenth Amendment requires all states to issue marriage licenses to same-sex couples has no immediate legal impact on Nelson, the Navajo, or any of the 566 federally-recognized tribes in the United States.

Just like the 50 states had different positions on gay marriage before the Court stepped in, the 566 tribes have a variety of different stances on same-sex unions.

At least 11 tribes have created laws that either prohibit same-sex marriages or define marriage as between a man and a woman, according to an analysis by the Associated Press. About 12 have developed laws that approve and recognize same sex marriage, according to the New York-based gay-rights group Freedom to Marry. Many others stay silent on the issue or follow the lead of their surrounding states.

And then there’s the Seminole Nation of Oklahoma, which has a law that states a “person of the same gender will not be allowed to marry or divorce.”

Except from the Seminole Nation of Oklahoma Code of Law.

The second most populous tribe, the Oklahoma-based Cherokee Nation, passed its law banning gay marriage in 2004.

The Navajo, who count 300,000 members and to whom smaller tribes often look for direction, passed a law in 2005 explicitly banning gay marriage. It followed in the footsteps of the U.S. Defense of Marriage Act, the federal law recognizing marriage as between a man and a woman that was signed by Bill Clinton in 1996, according to Native American LGBT advocates and historians.

But Nelson, 29, says times are changing on reservations, too.

“Now there’s Navajo couples that are becoming more vocal, and we’re seeing transgender youth also talking about their rights,” he told Fusion in a telephone interview.

He said he plans to appeal to his tribe’s traditional notions of respect and fairness to help change hearts and minds.

“There were same-sex couples from our creation story all the way to today. Those relationships were there, they were recognized, and they had every right to be productive members of our community,” Nelson said.

“If they repeal the [Diné Marriage Act] it brings it back to what our traditional values used to be. They’re using the whites man’s language, a foreign way of speaking, to redefine something that was already sacred and defined, we didn’t need to redefine it at all,” he said.

Historians say many Native Americans have embraced more fluid notions of gender and sexuality than the current gay-marriage bans might suggest.

“There is overwhelming evidence for the historic and cultural presence of multiple gender roles and same-sex relations among most if not all Native North Americans, including the Cherokee, and that they historically shared in the institution of marriage,” said Doctor Brian Gilley, an anthropology professor at the University of Vermont, in a 2005 brief submitted in a Cherokee court case after tribal leaders tried to invalidate a marriage license to a lesbian couple.

The highest Cherokee Court ultimately ruled that the two women couldkeep their marriage license.

Photo by Jerry Archuleta courtesy of Alray NelsonAlray Nelson, left, and his partner, Brennen Yonnie, are leading the fight to get the Navajo Nation to recognize gay marriage. — Photo by Jerry Archuleta courtesy of Alray Nelson
Alray Nelson, left, and his partner, Brennen Yonnie, are leading the fight to get the Navajo Nation to recognize gay marriage.

For the last 16 months Nelson was the deputy manager for former Navajo Nation President Joe Shirley, Jr.’s re-election campaign. The candidate lost after a long contested election.

Now Nelson is using his political connections to set up meetings with tribal leaders to talk about eliminating the Diné Marriage Act. (Diné is a term some Navajo use to describe themselves.) He’s scheduled meetings with lawmakers to discuss eliminating the act now so they address it in the upcoming tribal session in October.

Nelson is also reaching out to the broader community to change people’s views culturally.

“When we talk about discrimination in regards to taking away someone’s rights, Navajo people get that,” he said. “They get it because they’ve dealt with decades of assimilation policy and continue to deal with those issues. So when a certain segment of the community feels left out and aren’t treated with respect and fairness, Navajos understand that and they get that fight.”

The office of Navajo Nation president Ben Shelly did not respond to requests to be interviewed for this story.

There are other significant issues affecting the LGBT Navajo community. LGBT bullying and teen suicides are high, and the Navajo Nation has seen an unprecedented spike in new HIV diagnoses.

But Nelson said starting with gay marriage can help bring attention to the other issues.

“The Diné Marriage Act is the only law in the books that directly discriminates against the Navajo LGBT community,” Nelson said.

Eastern Pequot chairman vows to fight new tribal recognition rule

By Brian Hallenbeck, TheDay

North Stonington — Dennis Jenkins, chairman of the Eastern Pequot Tribe, on Monday decried the “dirty politics” he said stand to prevent his tribe from getting another shot at federal recognition.

Responding for the first time to the U.S. Department of the Interior’s adoption of a new “rule” governing the recognition process for Indian tribes, Jenkins said “backroom dealings” in Washington had ensured that Connecticut tribes that had been denied recognition in the past would not get the opportunity to reapply for the coveted status that would make them eligible for federal assistance and enable them to pursue casino development.

Jenkins, in a phone interview, also revealed that Katherine Sebastian Dring, a longtime tribal councilor with a background in education and the law, will succeed him as chairman later this month.

“I knew it was going to happen,” Jenkins said, referring to the U.S. Bureau of Indian Affairs’ removal from the final rule a provision that would have allowed three state-recognized tribes in Connecticut — the Eastern Pequots, the Schaghticokes and the Golden Hill Paugussetts — to reapply for recognition. A draft of the rule had also included a provision that would have allowed parties to a successful appeal of a tribe’s recognition to block that tribe’s reapplication. The Easterns won recognition in 2002, only to have it withdrawn three years later after the state and the towns of North Stonington, Ledyard and Preston objected.

Jenkins testified last year against the so-called “third-party veto” provision, which most observers believed would have been found unconstitutional.

“Everyone knew it was in trouble,” Jenkins said of the provision. “But it doesn’t make sense that tribes can’t repetition, whether they go to the back of the line, or the front of the line. There are tribes that were denied at first and then got recognized. The Mohegans were denied, but they were able to submit additional documentation and they got recognized.”

Jenkins said Connecticut’s elected leaders, including U.S. Sen. Richard Blumenthal and the rest of the state’s congressional delegation, pressured the BIA to prevent the Connecticut tribes from filing new applications for recognition. But, Jenkins said, when the Easterns sought to meet in Washington with Kevin Washburn, the Interior Department’s assistant secretary for Indian affairs, they were turned away.

“They got to the president and the bureau,” he said of the politicians. “But Blumenthal and his co-conspirators shouldn’t be doing their high-fives and partying just yet. We’re not going to go down without a fight.”

Leaders of the Schaghticokes and the Golden Hill Paugussetts expressed similar sentiments in the wake of the BIA’s adoption of the new federal-recognition rule.

Jenkins said Eastern Pequot tribal members who are attorneys are looking into ways the tribe can fight the rule.

Elected in 2013 to complete the term of Brian Geer, the former chairman charged with embezzling from the tribe, Jenkins decided some time ago to not seek re-election. He said Sebastian Dring, the tribal council’s corresponding secretary, was the only eligible candidate for the post and would be elected July 25 at the tribe’s annual meeting. Sebastian Dring will not comment on tribal matters until then, Jenkins said.

“Kathy is a very capable person who knows the tribe’s petition inside and out,” he said.

At the annual meeting, tribal members will discuss and vote on a proposed development project that Jenkins declined to identify.

“We’re broke. We need to generate some funding,” he said.

As chairman, Jenkins has repeatedly stated that he doesn’t believe the tribe should pursue a casino if it ever gains federal recognition.

“We would never give up the right to open a casino, but there are so many other economic development projects,” he said. “We have several people interested in working with the tribe on things other than casinos.”