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Amidst Shutdown NCAI Urges Congress to Meet Tribal Obligations

Source: Indian Country Today Media Network

The National Congress of American Indians (NCAI) has released the following statement regarding the budget impasse and the shutdown of the federal government.

“The failure to come to a budget agreement threatens the capacity of tribal governments to deliver basic governmental services to their citizens. The federal government has made treaty commitments to our people, and in return we ceded the vast lands that make up the United States. The immediate shutdown crisis poses very real threats to tribal governments and denies health, nutrition, and other basic services to the most vulnerable tribal citizens.

“Even if the shutdown is resolved soon, a greater crisis remains – both the House and Senate versions of the Continuing Resolution sustained the devastating FY 2013 sequestration cuts. The sequester has deeply affected tribal programs: the Indian Health Service, Indian education funding streams, law enforcement, infrastructure programs such as housing and road maintenance, Head Start, and others. These funding commitments serve some of our nation’s most vulnerable citizens and are part of the federal government’s trust responsibility to tribal nations.

“As Washington faces the threefold crisis of the shutdown, sequester, and debt limit, we call on the Congress to reach a long-term budget deal that meets the nation’s obligations to tribal nations and Native peoples. It is time to address the ongoing fiscal crisis caused by the sequester. The trust responsibility to tribal nations is not a line item and tribal programs must be exempt from budget cuts in any budget deal.”

In September, NCAI released a paper outlining the impacts of sequestration on tribal nations – Tribes Urge Congress to Honor Treaty Promises and Stop Sequestration.

Background on the impact of the government shutdown on tribal programs

In the 1995, 1996 shutdown, the impact on American Indian/other Native Americans was that all 13,500 Department of Interior Bureau of Indian Affairs (BIA) employees were furloughed; general assistance payments for basic needs to 53,000 BIA benefit recipients were delayed; and an estimated 25,000 American Indians did not receive timely payment of oil and gas royalties.

With respect to funding for governmental services, more than half of the federally recognized tribes are self-governance and provide services to their citizens through contracts and compacts. If the shutdown is not reversed soon, these tribes and their citizens will be hit particularly hard. Based on the contingency plans for the Departments of Interior and Health and Human Services, IHS would continue to provide direct clinical health care services as well as referrals for contracted services that cannot be provided through IHS clinics. However, IHS would be unable to provide funding to tribes and urban Indian health programs, and would not perform national policy development and issuance, oversight, and other functions, except those necessary to meet the immediate needs of the patients, medical staff, and medical facilities.

With BIA, programs are funded and operated in a highly decentralized manner, with 62 percent of appropriations provided directly to tribes and tribal organizations through grants, contracts, and compacts. Officials said that if tribes have carryover, they can spend it, but tribes won’t receive any new money during a shutdown to reimburse tribes providing those services. While the role of Indian Affairs has changed significantly in the last three decades in response to increased utilization of Indian self-governance and self-determination, tribes still look to Indian Affairs for a broad spectrum of services. Fortunately, law enforcement and detention centers will remain operational, as will social services to protect children and adults. Firefighting, emergency response, and water and power should remain. However, trust asset management, such as lease compliance and real estate transactions would not.

Examples of impacts to tribal governmental services and other assistance to tribal citizens include:

— General assistance payments (BIA) to needy individuals and to vendors providing foster care and residential care for children and adults will stop, which will be difficult for many tribal communities. General assistance provides approximately $42 million for approximately 12,400 clients on a monthly basis. These clients include individuals and families whose income is below state standards and who do not qualify for state-operated programs. Provided that these individuals are facing some of the most difficult employment opportunities, the loss or delay of these payments truly impact the neediest in Indian country. Generally, disbursement of tribal funds for tribal operations including responding to tribal government requests will be halted.

— There will be new funds to support the Food Distribution Program on Indian Reservations (FDPIR). While there would be some inventory available for use in food packages, no carryover, contingency, or other funds are available to support continued operations. The Food Distribution Program on Indian Reservations (FDPIR) program is administered at the Federal level by the Food and Nutrition Service (FNS), an agency of the U.S. Department of Agriculture. FDPIR is administered locally by either Indian Tribal Organizations (ITOs) or an agency of a State government. Currently, there are approximately 276 tribes receiving benefits under the FDPIR through 100 ITOs and 5 State agencies. FDPIR provides USDA Foods to low-income households living on Indian reservations, and to American Indian households residing in approved areas near reservations or in Oklahoma. Many households participate in FDPIR as an alternative to the Supplemental Nutrition Assistance Program (SNAP), because they do not have easy access to SNAP offices or authorized food stores. Average monthly participation for FY 2012 was 76,530 individuals.

— The Administration for Children and Families would not continue quarterly formula grants for Temporary Assistance for Needy Families, Child Care, Social Services Block Grant, Refugee Programs, Child Welfare Services and the Community Service Block Grant programs. Additionally new discretionary grants, including Head Start and social services programs, would not be made.

Limited Services Provided by Indian Affairs During Government Shutdown

Source: Indian Country Today Media Network

With the government shutdown now in its second day and around 800,000 non-essential government workers being furloughed, some offices working directly with Indian country will have limited services.

The Department of the Interior – Office of the Assistant Secretary-Indian Affairs, Bureau of Indian Affairs (BIA), and Bureau of Indian Education (BIE) will provide limited services to tribes, students and individuals during the shutdown of the federal government. Of the total 8,143 employees, a total of 2,860 will be furloughed.

The BIA that provides direct services to 566 federally recognized tribes that include contracts, grants and compacts will continue functions that are necessary to protect life and property. These services include law enforcement and operations of detention centers; social services to protect children and adults; irrigation and power – delivery of water and power; firefighting and response to emergency situations according to a BIA press release.

As for the BIE, school operations are forwarded funded meaning operations should carry on as normal during the shutdown. BIE funded schools will remain open and staffed; transportation and maintenance of schools will continue. Other schools that will remain open are tribally-contracted schools that are also forward funded. Education services are provided by BIE to approximately 41,000 Native students through 183 schools and dormitories and providing funding 31 colleges, universities and post-secondary school according to the release.

Additional information on Indian Affairs’ contingency plan for operations during the government shutdown can be found at: www.doi.gov/shutdown.

Fall recipe: Pumpkin chocolate chip cookies

Pumpkin-chocolate-chip-cookies_monica-Brown — photo by Brandi Montreuil

By Monica Brown, Tulalip News Writer

TULALIP, Wa. – I’ve tested two other recipes and this was by far the better and easier one. This recipe is from chef-in-training.com and I added more spices to give the cookies more of a pumpkin pie taste. The cookies are soft and have a pumpkin taste that isn’t overwhelming. I would suggest using at least cinnamon and nutmeg; the clove, ginger and allspice are optional.

I made the mistake of using pumpkin pie filling the first time, please don’t try that. Pumpkin pie filling has added spices, sodium, and sugar which make it delicious for pie but incompatible for cookies. Use either homemade or canned pumpkin puree; if you can’t tell from the label that it contains only pumpkin look at the ingredients on the back and it should list pumpkin only.

Some may be thinking, why shortening, why not butter? Since the recipe calls for pumpkin this adds quite a bit of extra water and in order to remove the excess moisture the cookies need to be baked longer at a higher temperature which butter just can’t do. There are other recipes that call for butter but they produce soggy cookies and if you cook them any longer or at a higher temp they will burn. You can use butter instead of shortening but to avoid the excess moisture try adding oatmeal, or pre-boil the pumpkin and cool before adding. Also, do not just add more flour and hope it will counteract the moisture; this will make little puff balls that will be dense and cake like.

Wet ingredients:

1 cup shortening or buttered flavored shortening

1 cup white sugar

1 cup pumpkin puree (about ¾ of a 15oz can)

1 egg

Dry ingredients:

2 cups flour

1 tsp baking soda

1 tsp salt

1 tsp gound cinnamon

¼ tsp ground nutmeg

¼ tsp ground clove optional

A pinch each of ground ginger and ground allspice optional

And 1 -2 cups milk chocolate chips as desired

Preparation:

In a medium bowl, measure and sift together dry ingredients, this step is meant to equally distribute the spices.

In a large bowl mix together shortening, sugar and pumpkin, after blended add egg and mix well. Slowly add in the dry mix, once combined stir in chocolate chips.

On a nonstick, greased or parchment lined cookie sheet drop spoonful’s of cookie dough, spaced about 2 inches apart. Bake at 375 for 10-12 minutes. Cool cookies on wire rack and store in a ventilated container since they still contain a lot of moisture. Makes about 48 cookies.

Original recipe on www.chef-in-training.com

Scout sculpture billboards taken down amid racism accusations

JILL TOYOSHIBA | The Kansas City Star The billboard at 19th Street and Baltimore Avenue has come down.

By TONY RIZZO

The Kansas City Star September 30, 2013

Billboards depicting a rifleman taking aim at the iconic Kansas City sculpture “The Scout” were taken down Monday after drawing a whirlwind of spirited reaction.

Read more here: http://www.kansascity.com/2013/09/30/4520544/kc-billboard-removed-after-creating.html#storylink=cpy

Artist A. Bitterman had rented the twin billboards near 19th Street and Baltimore Avenue in the Crossroads Arts District after Missouri Bank had accepted, but then rejected, the work for its Crossroads “Artboards” program.

The work went up Sept. 23 and was supposed to be displayed until Oct. 21, according to Bitterman’s website.

“I was very glad to see that,” Moses Brings Plenty said of the news that the billboards were taken down. A member of the Oglala Lakota nation and the community outreach coordinator for the Kansas City Indian Center, he had vociferously opposed the work as a symbol of racism and hatred.

“I did it for our children,” he said. “Our common enemy is racism.”

A message seeking comment from officials at CBS Outdoor, which had rented the billboard space, was not returned Monday.

Bitterman did not respond to an email seeking comment, but in a post on his website dated Sunday, he sought to explain his intention:

“The one thing that can not be disputed in my image is the fact that the Scout is not an indian at all, it is a depiction of an Indian, a sculpture, created by and for white culture, and it carries a historical narrative of what white people at the turn of the 20th century wanted the indian to be. The artist on the scaffolding is confronting that narrative.”

In an earlier post, Bitterman wrote, “If anything The Scout is a gesture in defense of the native American.”

Read more here: http://www.kansascity.com/2013/09/30/4520544/kc-billboard-removed-after-creating.html#storylink=cpy

Key Thoughts From KeyBank: Indian Country and America’s Energy Needs

Source: Indian Country Today Media Network

The United States is entering a new age in energy: Natural resources are rapidly being unlocked by new technologies, and the market for renewable energy sources is booming. That’s good news for Indian country.

Native American lands contain huge amounts of natural resources, the vast majority of which is undeveloped. The U.S. Department of the Interior estimates that there are 15 million acres of potential energy and mineral resources on tribal land compared to 2.1 million acres already in use. If fully developed, energy projects could add billions in revenues to tribes, helping them build their economies, create jobs and achieve a better quality of life.

Oil and gas has great potential: The Navajo Nation in the Southwest, the Three Affiliated Tribes in North Dakota and Alaska Native Corporations are engaged in large extraction enterprises. And some tribes like the Southern Ute own companies that manage the entire exploration and development undertaking.

Major coal operations are taking place on Navajo, Hopi and Crow lands, and many tribes have sizeable reserves available for development. Tribal lands also have considerable potential for hydroelectric projects and renewable energy production. For example, the Moapa Band of Paiutes in Nevada is launching the first large-scale solar project on Native soil.

Taking full advantage of natural resource opportunities requires access to capital, both debt and equity and a strategy that protects the land through conservation and sustainable practices. Just as important, it requires careful planning and a financial advisor that understands each Nation’s laws and values.

“Key is uniquely well positioned to work with tribes and energy development,” said Mike Lettig, director of KeyBank’s Native American Financial Services. “When our bankers team up with KeyBanc Capital Markets energy specialists, we ensure that our financial solutions meet Native America’s short- and long-term natural resource objectives.”

Securities products and services such as investment banking and capital raising are offered by KeyBanc Capital Markets Inc., Member NYSE/FINRA/SPIC. Banking products are offered by KeyBank National Association.

Breaking Bad or Already Broken? Drug Crime on the Rez Is All Too Real

By Walter Lamar, Indian Country Today Media Network

What does it say about safety in Indian country when a television plot featuring meth distribution incorporates tribal land? Breaking Bad might give Indian country the new name of “Broken and Bad” after the brutal television series, featuring tribal lands, exemplified a continuing public safety crisis. Season 5, Episode 13, entitled “To’hajiilee,” aired on September 8, 2013 and marks the beginning of the end for the wildly popular AMC series. It’s also one more example of how the media persistently depicts Indian country as the place to go to commit drug crimes, murder, and general mayhem.

From the very first episode, and periodically throughout the series, the remote To’hajiilee lands have been the setting for drug manufacture, murders, and concealing evidence. To’hajiilee is a non-contiguous section of the Navajo Nation lying in parts of three New Mexico counties, about 32 miles west of Albuquerque. Despite its proximity to an urban area, To’hajiilee feels isolated and remote. A tangle of secondary roads, many both unmarked and unpaved, crisscross the reservation’s 121 square miles. With only 2000 residents, you may go miles without seeing a soul. In “Breaking Bad,” the series of crimes committed on these tribal lands (theft, murder, extortion, drug manufacture and distribution, assault and much else), set the stage for what promises to be a violent and action-packed series finale.

To’hajiilee is not so different from tribal lands across the nation. All this got me to thinking, “What if the crime depicted in Episode 13 had really happened?” The To’hajiilee reservation is in trust status, which means concurrent federal and Navajo Nation criminal jurisdiction. Federal statute and Navajo Nation codes, ordinances and statutes govern the activities of visitors and residents. But wait, it’s not that easy. Indian Country is the only place in the world where jurisdiction is dependent on race. When a crime is committed within the exterior boundaries of the reservation, law enforcement has to determine if the perpetrator is American Indian, if the American Indian perpetrator is an enrolled tribal member of a federally recognized tribe, whether a tribal or federal statute is being violated, whether the land is indeed trust land, and whether officers responding to a crime are properly certified or deputized.

With that in mind, back to how the To’hajiilee showdown might play out in reality. White supremacists show up with fully automatic weapons (non-Natives to be sure), called by drug kingpin Walter White (another non-Native) when approached by two armed DEA agents and their informant. Everyone knows that $80 million in cash is buried in plastic barrels at the site. Predictably, the shooting starts. Some folks are wounded, some killed. Let’s say one of the wounded tries to make a panic-stricken call to 911. Too bad there’s not good cell phone coverage on the rez— he is out of luck. But wait, some distance away, a Navajo family hears the SUVs rumbling by, followed by a barrage of gunfire, and one heroically drives to a spot of known cell coverage and calls 911. The 911 call gets routed to a surrounding country dispatch, who places a telephone call to Navajo Police dispatch at Crownpoint, New Mexico.

Only about 300 officers patrol the Navajo Nation, which covers a territory larger than many US states. The tribal government has been active in stepping up law enforcement activity under the Tribal Law and Order Act, but cuts in funding have prevented the tribe from hiring anywhere close to the level they need- estimated to be about 800 officers. A couple of officers are on duty at the To’hajiilee substation when the call comes in, and one of them responds by driving to meet the family who called. They direct him toward the area where they heard the gunshots.

The brave officer approaches the scene and finds himself seriously outgunned. When fired upon, he retreats and finds that he doesn’t have radio coverage to call for help, so he drives until he gets a signal so he can communicate he has been fired upon and that there are multiple armed subjects. At best, there are two other Navajo Nation officers on duty at To’hajiilee and back up is 118 miles away in Crownpoint. Back at the substation, they call in to the FBI and the BIA, 32 miles away in Albuquerque. They think about calling in the State Patrol (“Wait, is there a cross-deputation agreement in place? Who could we ask?”). Then they realize, “Whoa, is the incident for certain on our land? Isn’t that near the boundary with Laguna Pueblo? Do we call them, too?”

Meanwhile, the white supremacists kill everybody, grab the money and head out. After no shooting for a period of time, the Navajo officer cautiously approaches the crime scene fraught with death and destruction, over an hour after gunshots are first heard. Later, the FBI and BIA arrive on scene. They realize two DEA agents are among the dead. The FBI and DEA immediately engage in a turf battle as to primary jurisdiction. BIA is caught in the middle and the tribal police are left out. Another twist comes when US Attorney’s office decides where and how survivors are going to be prosecuted, a result of Oliphant v. Suquamish Indian Tribe, a 1978 United States Supreme Court case wherein the court found that non-Indians are not subject to tribal jurisdiction.

Sure, television is fanciful, but it’s true that criminals have found that doing business in Indian country is profitable because of the remoteness, the lack of officers on patrol, and the jurisdictional tangles created by non-Indian crime on Indian land. Tribes struggle constantly with violent crime and drug trafficking committed by non-tribal members. Meth certainly is a problem on the Navajo Nation and elsewhere in Indian Country; Native Americans are more than twice as likely to abuse this terrible drug.

The effects of meth on people and the environment are truly horrific and would require another article to describe. Methamphetamine use affects the user’s physical health, mental health and emotional stability. The production creates toxic fumes and chemicals, as well as explosive gases, and abatement can require residential demolition. Children exposed to meth either in utero or in the home can develop neurological, cognitive, developmental and behavioral problems.

The Navajo Nation actually has a zero-tolerance policy toward methamphetamine sales, and in the past, the Navajo Nation Division of Public Safety has successfully collaborated with the Drug & Gang Unit, the FBI, the BIA, the Flagstaff police and even the Phoenix police to investigate, arrest and prosecute meth distributors, resulting in entire rings being busted up.

There hasn’t been a high-profile arrest in years, but it’s not necessarily because there are fewer people manufacturing, smuggling or selling drugs on our tribal lands. Just as with tribes across the country, the Navajo Nation police, courts and corrections have been hit hard by the double whammy of planned budget cuts and an across-the-board sequester. The Navajo Nation Department of Corrections has completed two new jails, built as part of the TLOA promise, but the department faces a shortfall in completing the remaining five, or even staffing the new ones. Law enforcement is staffed at less than half of recommended levels. Criminal investigators routinely cover 600 or 700 miles a day to accomplish a single task. The 19 lawyers in the US Attorney’s office dedicated to prosecuting crime are too few to cope with the volume of cases, and end up declining to prosecute about half the time.

Everyone is frustrated by their inability to curb the violent drug crimes that are occurring in their jurisdictions. Officers at Fort Peck, another large reservation, know about drug smuggling from Canada, but often can’t respond in time when planes touch down on remote airstrips. Tribal law enforcement from New York to California know about gang or cartel members who seduce Native women, who protect them (and abet them) as they distribute drugs in the jurisdictional limbo of Indian Country.

How do cartels know that Indian country is the best place to commit crimes? To come around full circle, we can thank the media, from NPR to the New York Times, for sensationalist coverage about reservation crime. Breathless coverage of a Mexican drug trafficking organization on the Wind River Reservation, who exploited Native women to move meth, spurred copycat cases across the country. Evidence collected in one cartel bust actually yielded a Denver Post article discussing how hard it is for drug dealers to get busted in Indian country.

What can be done? The fact is that meth use is ever so slowly lessening its grip on our people, and part of the change is coming from community members. Events like Meth éí Dooda Awareness Day involve everyone in the community from small children to grandparents, and from people in recovery to representatives of the tribal government. In the case of tribal communities like To’hajiilee, outreach to citizens on the best information to give to 911 for a speedy response would also help. Community awareness is the first step in community policing, but there has to be actual policing as well, and that’s where the stumbling block remains.

To effectively police the lands under their jurisdiction, tribal police need resources, and they just don’t have them now. The Tribal Law and Order Act, if fully funded, would enable tribal police departments to patrol remote territory, to negotiate shared resources with state and county agencies, to engage in outreach to endangered youth, and to staff tribal courts and tribal prosecutors’ offices. Congress is back in session this month and we need to put pressure on them to address this problem by fully funding TLOA.

This week, To’hajiilee made the news again as catastrophic flooding hit the Navajo Nation and took out a chunk of the Interstate through the To’hajiilee lands, in the midst of evacuations in many communities, and alarm about the dam failing. The Navajo first responders worked smoothly with each other and with state police and tribal agencies to rescue, evacuate, direct traffic and keep the dam from breaching. Our Native law enforcement officers have proved that they can meet the challenge of To’hajiilee’s real-life crisis. The question remains whether Congress can meet the challenge of keeping their promise to our tribal police.

Government Shutdown Frustrates Tribal Leaders

Rob Capriccioso, ICTMN

The federal government has a trust responsibility to tribes and their citizens. It is a unique relationship, which means there will be unique – and painful – consequences as a result of the government’s current shutdown, tribal leaders say.

The shutdown, which began at 12:01 a.m. on October 1, occurred because U.S. House Republicans passed several short-term continuing resolution budgets that included provisions to delay and/or defund portions of the Affordable Care Act, widely known as Obamacare. Both the Democratic Senate and White House would not agree to those provisions, which set the stage for the first federal shutdown in 17 years.

Tribal leaders, widely tired of political games surrounding the federal budget – as well as the profound impacts of ongoing sequestration – are frustrated, to say the least.

“What is just partisan game playing in Washington, D.C. is a battle for survival in Indian country where many of us barely subsist,” said Edward Thomas, president of the Central Council of Tlingit and Haida Indian Tribes. “Many of our 28,000 tribal citizens live at the very edge of survival and depend upon our tribe’s ability, with federal funding, to provide critical human services.

“Any interruption in federal funding, especially for a self-governance tribe like ours without gaming or other substantial economic development, means we must borrow money – from an expensive line of credit we cannot afford – to meet our payroll obligations to child welfare workers, to job trainers, to housing workers, and to natural resource subsistence protection,” Thomas said.

Ron Allen, chairman of the Jamestown S’Klallam Tribe, said he was disappointed in Republican House tea party members for insisting on defunding Obamacare as part of the budget process. “’My way or the highway’ is not a way to run the federal government,” Allen said. “Tribal leaders have many frustrations with the federal government, but we try to find ways to make it work. That’s what Congress needs to be doing.”

Allen predicted that the shutdown would be “devastating” for over half of the tribes he estimates do not have gaming or other enterprises to fall back on for funding during a federal shutdown. “So many of us – the majority – of tribes are dependent on federal resources,” he said. “It’s going to be tough for the tribes.”

Dozens of tribal leaders have voiced similar concerns to officials with the Departments of the Interior, Health and Human Services, and other federal agencies that serve large amounts of American Indians, according to federal officials. The White House, heeding that concern, held a teleconference with some tribal leaders on September 30 during which administration officials blamed the House Republicans for the shutdown. Kevin Washburn, Assistant Secretary for Indian Affairs at Interior, also sent a letter to tribal leaders explaining the department’s contingency plan.

The House’s attempt to tie a suspension of Obamacare to a budget bill is unpopular with tribal leaders, as many tend to support the law, since it includes provisions to support the Indian Health Care Improvement Act. If Republicans had their way, a new way to support that Indian health-focused part of the law would be necessary unless lawmakers agreed they no longer wanted to focus on improving Indian health via that law. Republicans will not have their way, however, as Obamacare is the crown jewel of Barack Obama’s presidency to date, and Democrats have been trying to pass universal healthcare since Franklin D. Roosevelt in the 1930s.

The real impact on tribes will depend on how long the government is shuttered. It will stay closed until the House Republicans and Senate Democrats can agree on a plan to fund it.

Congress and the president will still be paid during the shutdown.

Public opinion to date is largely against the House Republican position, yet many tea party GOPers, over objections of more moderate Republicans, continue to favor a budget bill that ties Obamacare to it. They have made the case that Obamacare, which goes in effect October 1, is too costly, so they believe it is worth delaying. But Obamacare is intended to reduce health-care costs for individuals and the country, Democrats have countered. And even with the shutdown, Obamacare will still be implemented.

Ironically, the most recent continuing resolution that has passed both the House and Senate thus far – excluding the Obamacare portions – is good for Indian country in that it does not include provisions pushed by the White House Office of Management and Budget that would limit the federal government’s payment of contract support costs to tribes. “That’s encouraging,” Allen said, noting that the White House proposal to cap tribal contract support costs was originally included in the Senate continuing resolution, but faced with widespread tribal opposition, it was withdrawn by Senate leadership. “We have some key people who are supportive of keeping it out.”

Tribal advocates are widely hopeful that once a long-term budget is agreed on – however long that takes – funding for tribal contract support costs will be included without a cap, despite lingering White House opposition to paying its tribal bills.

Despite progress on the contract support cost front, the continuing resolution supported by the House, Senate and White House maintains funding for Indian country at a sequestered level, which means programs that support tribes continue to face dramatic cuts. A joint decision by Congress and the White House, first made in 2011 and carried out on March 1 of this year, allowed an across-the-board 9 percent cut to all non-exempt domestic federal programs (and a 13 percent cut for Defense accounts). This sequester has dramatically harmed Indian-focused funding, and tribal leaders across the nation have claimed it is a major violation of the trust responsibility relationship the federal government is supposed to have with American Indians, as called for in historic treaties, the U.S. Constitution and contemporary American policy.

“The tribes would rather their budgets be exempt from this stuff,” Allen said. “But the political ability for that to happen is next to nil. The new options that people are considering is pushing for two years or longer forward funding for Indian health programs and essential government services, like some programs for veterans.”

Tribal leaders have been pushing hard to get sequestration on Indian programs removed, Allen noted, but the White House has said that it is not going to protect any programs. When asked by tribal leaders if tribes could be exempted from sequestration given the Obama administration’s stated belief in federal-tribal trust responsibility, Charlie Galbraith, the Associate Director for Intergovernmental Affairs at the White House, said at a February gathering of the United South and Eastern Tribes, “That’s just not going to happen. We have the entire military machine, every lobbyist, every contractor, trying to exempt the military provision—the president is not going to cut this off piecemeal. We need a comprehensive solution that is going to address the real problem here.”

Beyond Obamacare, contract support costs and sequestration, the immediate impact of the shutdown will be on the federal workforce, and that impact will soon trickle to Indian country. Overall, approximately 800,000 non-essential government employees are expected to be furloughed.

At the U.S. Department of the Interior, 2,860 of 8,143 employees focused on Indian affairs will be laid off during this shutdown. At the Bureau of Indian Affairs (BIA) alone, the following programs will cease, according to the DOI.gov/shutdown website: management and protection of trust assets such as lease compliance and real estate transactions; federal oversight on environmental assessments, archeological clearances, and endangered species compliance; management of oil and gas leasing and compliance; timber harvest and other natural resource management operations; tribal government related activities; payment of financial assistance to needy individuals, and to vendors providing foster care and residential care for children and adults; and disbursement of tribal funds for tribal operations including responding to tribal government request.

The situation is less dire at Interior for Indian affairs cutbacks than it had been during previous shutdowns in the 1990s, Interior officials said, because they have since implemented a forward-funding plan in the areas of education and transportation, which will keep the employees in those areas working. There is also a comparatively larger law enforcement staff that will remain on duty through the shutdown, and power and irrigation employees will be able to continue working to deliver power and water to tribal communities because their salaries are generated from collections, not appropriated funds.

Employees at the Indian Health Service (IHS), which provides direct health service to tribal citizens, will be largely unaffected by the shutdown. Under Department of Health and Service’s shutdown plan, IHS will continue to provide direct clinical health care services as well as referrals for contracted services that cannot be provided through IHS clinics. On the negative side, “IHS would be unable to provide funding to Tribes and Urban Indian health programs, and would not perform national policy development and issuance, oversight, and other functions, except those necessary to meet the immediate needs of the patients, medical staff, and medical facilities,” according to a plan released by the agency.

Chris Stearns, a Navajo lawyer with Hobbs Straus, said the current shutdown is another hit to the relationship between the federal government and tribes. “The trust responsibility, and the right to federal services, which Indian country has already paid for with its lands, will be diminished,” he said of the current situation. He should know, having worked on Capitol Hill during the government shutdowns of the mid-1990s, which saw thousands of BIA employees laid off, and lease payments to tribes and individuals delayed.

Now, like a bad dream, it’s happening all over again.

“Perhaps it might be fair, if during a shutdown, Indian tribes got to take back our lands in lieu of payments,” Stearns said.

With Federal Shutdown Looming, Interior Releases Contingency Plan for BIA

Levi Rickert, Native News Network

WASHINGTON – For the first time in 17 years, a federal shutdown is realistic at 12:01 am est Tuesday, October 1.

Late Saturday night, the Republican-controlled US House passed a measure that would fund the federal government at its current level for one year with the stipulation, the Affordable Care Act – most commonly known as Obamacare – would not be part of the federal budget.

This measure is unacceptable to President Barack Obama and the Democratic Party-led United States Senate.

With the US Senate not reconvening until this afternoon, it is looking more and more likely a federal government shutdown will occur at midnight tonight.

What does this mean to Indian country?

The federal shutdown will impact some services in Indian country. The breakdown is broken down into two categories as essential and non-essential services. Essential services include law enforcement and social services to protect children and adults.

“The impact of a Federal government shutdown is elusive to most folks as we, as citizens, generally take government services for granted. The impact in both the short term and long term to Tribes, however, will be devastating. In 1995, the impact was to delay federal checks, impose furlough work days for federal employees, shut down federal tourist and National Park services, and ultimately the cost of both closing down and reopening Federal services at a whopping $1.4 billion ($1.7 billion today with a one percent annual inflationary adjustment),”

commented Aaron Payment, chairman of the Sault Ste. Marie Tribe of Chippewa Indians, based in Sault Ste. Marie, Michigan, to the Native News Network Sunday morning.

“In some cases, the Sault Tribe subsidizes a large portion of the Federal government’s treaty obligations for “health, education, and social welfare”. One hundred percent of the Sault Tribe’s net gaming revenues are already pledged to pick up the Federal government’s annual shortfall. For some programs – not all – we will be able to rely on Tribal support or casino dollars for a brief period. However, for those programs not subsidized by Tribal Support funds, we will have to consider furloughs. In some cases, federal funds have already been received such that we can operate for a few days during a shut down. However, if the shutdown lasts more than a week, we may need to shut programs down. In this event, we will first try to minimize the impact on services and second on jobs,”

Chairman Payment continued.

“Obviously we are watching the possible shutdown by the federal government. We are trying to balance what we can do at home and we are reviewing what possible services would be impacted by the shutdown,”

commented Erny Zah, director of communications from Navajo Nation President Shelly’s office on Sunday evening.

“Our Council just passed our budget, so we are attempting to see how a shutdown will coincide with our new budget. Our goal is to keep all government services unhindered and uninterrupted as possible.”

The Bureau of Indian Affairs, BIA, is part of the federal government under the US Department of the Interior. Late Friday, the Interior Department released the following contingency plan fact sheet:

Bureau of Indian Affairs
Contingency Plan Fact Sheet

With a potential shutdown on October 1, 2013, the Bureau of Indian Affairs (BIA) will be required to administratively furlough all employees unless they are covered in an Excepted or Exempted positions. The BIA will also discontinue most of its services to tribes which will impact most programs and activities.

Services and programs that will remain operational.

Law enforcement and operation of detention centers.
Social Services to protect children and adults.
Irrigation and Power – delivery of water and power.
Firefighting and response to emergency situations.

Services and programs that would be ceased.

Management and protection of trust assets such as lease compliance and real estate transactions.
Federal oversight on environmental assessments, archeological clearances, and endangered species compliance.
Management of oil and gas leasing and compliance.
Timber Harvest and other Natural Resource Management operations.
Tribal government related activities.
Payment of financial assistance to needy individuals, and to vendors providing foster care and residential care for children and adults.
Disbursement of tribal funds for tribal operations including responding to tribal government requests.

House Bill Puts American Indian Sacred Sites at Risk

Proposed Resolution Copper Mine Impact area

Source: Native News Network

WASHINGTON – The California Tribal Business Alliance (CTBA) is voicing its opposition to the Southeast Arizona Land Exchange and Conservation Act of 2013, HR 687.

This House bill would authorize a land swap in Arizona between the federal government and the Resolution Copper mining company in order to facilitate the extraction of mineral resources from government lands.

California Tribal Business Alliance recognizes that there are a number of significant fiscal and public policy implications surrounding the legislation. The legislation and ultimate land swap will result in economic stimulus and the extraction and use of valuable ore. However, it does so at a cost. The legislation will also result in the loss of irreplaceable sites sacred to Native Americans.

It will remove protections for the environment.

Moreover, it does so without engaging the respective tribes in any meaningful government to government consultation in regard to their sacred cultural resources or surrounding environment.

This is in direct conflict with existing policies and laws, such as, the Memorandum of Understanding executed in December 2012 among various departments to coordinate and collaborate with tribal governments for the protection of Indian sacred sites. It also conflicts with the President’s Executive Order of June 2013 which establishes a national policy to ensure that the Federal Government engages in meaningful consultation with tribes on any policies affecting tribal nations. Moreover, the legislation establishes timeframes to complete the analysis of any historic or sacred sites in the exchange area that are inconsistent with the requirements of the Native American Graves Protection Act and the National Historic Preservation Act.

We are at a time in history when the Federal Government is moving in a direction to establish and strengthen policies for meaningful government to government consultation with tribal governments and to protect tribal sacred sites and resources. HR 687 would retard the current policy direction and place native peoples’ heritage and sacred resources at risk, and it does so without affording the tribes the benefit of any meaningful consultation. For these reasons, the California Tribal Business Alliance is opposed to HR 687.

The House finished their business for the day without having the final vote on the bill. They also only voted on two out of the three amendments offered, both of which failed. An amendment offered by Representative Ben Lujan, D-New Mexico, that will be considered on the floor that gives

“the Secretary unilateral authority to remove Native American sacred and cultural sites from the conveyance in consultation with affected Indian Tribes.”

A recorded vote was requested on the Lujan sacred sites amendment, but further action was postponed. We expect votes on both the amendment and the final bill to take place early next week.

The California Tribal Business Alliance urge you to join them by contacting your local member of Congress to articulate concerns about HR 687.

Photo of the Week: Federal Marshals Showing Up on Tribal Land Shows How Vulnerable Tribal Sovereignty Is

US Marshal vehicles out in front of the Jack Brown House on Monday evening.

Source: Native News Network

TAHLEQUAH, OKLAHOMA – In the age of social media, it is sometimes difficult to separate fact from fiction. So much misinformation gets sent out in social media.

So, Monday evening when news began to emerge that federal marshals were on their way to pick up Veronica Brown from her biological father’s care, we at the Native News Network decided to send a photographer to Tahlequah to capture photos of the events.

There were several rumors out there. One was the tribal lands were “locked-down” by Cherokee Nation marshals and no visitors would be allowed on to tribal land. Yet, there went out a call to get as many American Indians up to the filed outside the Jack Brown House, where Dustin Brown and his family, including Veronica, were staying.

By the time our photographer arrived outside the Jack Brown House, there were some US marshal vehicles were already there. Additionally, there were vehicles that belonged to the Cherokee Nation.

By the time the transfer took place some 15 law enforcement vehicles were there.

Our photographer, Linda Sacks, sent some photos from outside the Jack Brown House from her cell phone.

Soon the photo that became our Photo of the Week was posted on our facebook page. Reaction from our readers was swift. One reader posted on our Facebook this comment:

“18 UNITED STATE CODE § 1151 “INDIAN COUNTRY!” and note: there has been NO Federal Court order.”

During the next intervening minutes word came Veronica was taken from her biological father and his family.

The Photo of the Week is a reminder that tribal sovereignty is very vulnerable at best. It would take Indian law scholars to explain how it is federal marshals can come onto tribal land and take an Indian child.