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IRS Harassing Tribes with Audits, Threatening Sovereignty

Gale Courey Toensing, Indian Country Today Media Network

The Tea Party is not the only entity that’s come under improper scrutiny by the Internal Revenue Service. Over the past several years, tribal governments have been targeted for audits by a government entity that was set up to help them understand and comply with applicable tax laws. Instead the IRS’s Indian Tribal Governments office has initiated audits and other compliance check activities throughout Indian country that tribal leaders say not only violate tribal sovereignty, but are discriminatory, harassing, and almost always fail to find any tax abuse.

The IRS scandal surrounding the Tea Party came to light in May when the Treasury Department Inspector General issued an investigation report revealing that the IRS had singled out groups with conservative-sounding words such as patriot and Tea Party in their titles when applying for nonprofit tax-exempt status. The story was all over the mainstream media. Not so much about the IRS targeting tribal governments. Oglala Sioux Tribe President Bryan Brewer noted the difference. “When the IRS gores the Tea Party Ox, heads roll. When Indians are targeted, the mainstream press takes a nap. It’s time for Congress to Act!” Brewer told Indian Country Today Media Network.

Oglala Sioux Tribe President Bryan Brewer

In June tribal leaders acted. They came together at the National Congress of American Indians’ mid-year conference and passed a resolution for legislation that they hope will stop the audits and clarify the status of sovereign tribal nations with governments that are as tax exempt as states and other nations.

Their effort could not be more timely. Senate Finance Committee Chairman Max Baucus (D-Montana) and ranking member Orrin Hatch (R-Utah) are preparing major tax reform legislation – an overhaul of the Internal Revenue tax code that hasn’t happened for 30 years. The two legislators floated what’s been called a “blank slate” approach to reform. “We plan to operate from an assumption that all special provisions are out unless there is clear evidence that they: (1) help grow the economy, (2) make the tax code fairer, or (3) effectively promote other important policy objectives,” Baucus and Orrin wrote to their Senate colleagues June 27.

But the blank slate approach doesn’t fit tribal nations. In the NCAI resolution, tribal leaders insist that treaty rights, the federal government’s trust obligations to Indian tribes, the Constitution’s acknowledgment of Indian tribes as governments, and the role played by Indian tribal governments in serving their citizens are the overarching principals that must guide tax reform issues in Indian country.

“Support for Legislation to Amend the Internal Revenue Code to Respect the Sovereignty of Indian Nations to Govern and Promote the General Welfare of Tribal Citizens and to Protect Our Homelands” is the name of the resolution and, according to sources who attended the conference, there was a lively debate over the tone and strength of the language. The final version that passed is a strongly worded document that recalls the constitutional recognition of Indian nations as sovereigns with rights of self-determination and self-government over tribal citizens and tribal territory and tribal nation citizens as “Indians not taxed.” It calls on Congress to pass legislation to clarify that tribal government programs, services, and benefits authorized or administered by Indian nations and tribes for tribal citizens, spouses, dependents, and others as determined by the tribal governments, are excluded from income under the General Welfare Exemption (GWE). The resolution seeks legislative clarification that “items of cultural significance or cash honoraria provided by tribal governments to tribal citizens for cultural purposes or cultural events shall not represent compensation for services and shall be excluded from taxable income.”

John Yellow Bird Steele, former Oglala Sioux Tribe president, told the Senate Committee on Indian Affairs at a hearing last year just how menacing and intrusive the Internal Revenue Service had become across Indian country. IRS agents have been showing up unannounced on reservations, as they did on the Oglala Sioux’s Pine Ridge Reservation, to conduct audits of tribal governments’ expenditures that have not been and never should be subject to taxation – things like health care and education benefits, utility and housing assistance, even powwow prizes and funeral expenses, he said.

In his testimony Steele described the IRS agents’ disrespectful behavior at length, but it is perhaps best characterized by a single sentence. “When one tribal member raised objections to IRS intrusion based on tribal treaty rights, he was told, ‘You can read your treaties in prison, if you like,’” Steele told the committee.

As the Senate Finance Committee works to complete the tax code overhaul by the end of next year, others are taking a broad approach to tax code reform. “We need to think bigger and bolder,” said Tom Rodgers (Black Feet Nation), lawyer-lobbyist-owner of Carlyle Consulting. “This is tax reform which comes along every 30 years. This is not an annual tax bill.” While the NCAI resolution pursues legislation to clarify the tax exempt status of tribal governments, Rodgers is working on legislation for Indian country empowerment zones that he says will incorporate and benefit both poor tribes and tribes with financial resources. “If you are to be taken seriously in tax policy you should provide revenue offsets for tax expenditures. I have identified one that is empathetic, moral and ethical, which is somewhat ironic given we are dealing with tax policy,” Rodgers said. He said he will roll out the details of his plan over the next month or so as they are finalized. Meanwhile, the tax reform efforts in the Senate are moving along briskly, Rodgers said.”The tax option papers have been written and released, almost all tax writing committee hearings have been held, the one-on-one chairman and senator meetings are taking place. The question now is whether the politics will line up with the policy.”

Gov. Inslee signs $33.6 billion state budget

Rachel La Corte, The Herald

OLYMPIA — Gov. Jay Inslee signed a new two-year budget on Sunday, averting a government shutdown that state officials had been planning for in case the new spending plan wasn’t in place by the end of the weekend.

The $33.6 billion operating budget was the key item among more than a dozen bills signed by Inslee, just a day after the Legislature adjourned for the year after two overtime legislative sessions.

“We’ve done some good things in tough times, and I’m glad we found compromise so that the work of the state of Washington will continue,” Inslee said before signing the budget.

His signature came just hours before the end of the current budget cycle. Thousands of state workers had been warned last week that they could face temporary layoffs because much of state government would need to shut down if a budget plan wasn’t in place by midnight Sunday.

It’s been more than 20 years since a governor signed a budget this late in the process. Lawmakers were supposed to complete the spending plan in April but got delayed by a series of disputes over tax, spending and policy proposals.

The final operating budget added $1 billion to the state’s education system and provided enough money to universities so that tuition would remain at current levels.

“We really are prioritizing education over other parts of government,” said Republican Sen. Andy Hill of Redmond, who was the chief budget negotiator in the Senate.

A year ago, the Washington Supreme Court ruled in what is known as the McCleary case that the state is not fulfilling its constitutional duty to pay for basic education and is relying too much on school districts to raise extra dollars through local levies. The justices want to see the Legislature pay for previously adopted education reforms and proof of yearly progress toward completing the work by 2018.

Inslee and other lawmakers noted that the money put toward education in this budget is only a down payment on that obligation.

“We have long-term funding challenges for education, and I hope we will address those in a more systematic way in the years to come,” Inslee said.

The new budget, which runs through mid-2015, didn’t include much of the new revenue options initially proposed by Inslee — he had sought to limit or close a variety of tax breaks — but it did save or raise some money by making changes in estate and phone taxes, largely in response to court rulings.

The budget includes some cuts, including another suspension of voter-approved cost-of-living increases for school employees, saving $320 million. Budget writers also booked $30 million in savings from the implementation of lean management practices.

About $500 million of the budget is funded by a variety of transfers, with the largest chunk coming from the state’s public works assistance account that helps support local projects — a shift that irked local government leaders.

The plan also creates or extends some tax breaks, benefiting the beekeeper industry, nonprofit gun clubs who purchase clay targets, dance venues and renewable energy. Those tax breaks were among the bills signed by Inslee on Sunday. Also signed was a measure to start a long-term effort to help manage water in the Yakima River Basin.

House Speaker Frank Chopp, D-Seattle, said he was most proud of the money put toward education, as well as a Medicaid expansion under President Barack Obama’s health care law.

“This budget means so much to so many people’s lives,” Chopp said after the bill signing.

Inslee vetoed more than a dozen sections of the budget, including a handful of studies or reports from various agencies for which no funding existed, including the study of a the long-term effectiveness of a chemical dependency treatment program at the Department of Social and Health Services.

Use fireworks in safe, legal manner

Source: Marysville Globe

MARYSVILLE — While the cities of Arlington and Marysville encourage their citizens to celebrate the upcoming Fourth of July holiday in a festive manner, the cities’ police officers and firefighters want to make sure that those who choose to use fireworks do so in a safe and legal fashion.

The city of Arlington allows fireworks to be sold from 9 a.m. to 9 p.m. on Friday, June 28, through Thursday, July 4, whereas the city of Marysville allows fireworks to be sold from noon to 11 p.m. on June 28 and from 9 a.m. to 11 p.m. from Saturday, June 29, through July 4.

Marysville residents may discharge their fireworks between 9 a.m. and 11 p.m. on July 4, while Arlington residents may discharge their fireworks between 9 a.m. and midnight on July 4.

Neither city allows its residents to discharge their fireworks on any other day, outside of the New Year holiday, and both cities limit their legal fireworks to Class C, or “safe and sane” fireworks. Neighboring Native American reservations may sell fireworks that do not conform to these laws, but such fireworks must be detonated on reservation lands.

The retail fireworks stands of “Boom City” on the Tulalip Tribal Reservation also provide a lighting and detonation area on site for customers, since not all of the fireworks sold at Boom City are allowed to be detonated off the reservation. Security personnel will monitor the area to ensure that children aged 12 years and younger have adults aged 18 years or older present.

According to Marysville Fire District Division Chief and Fire Marshal Tom Maloney, fireworks that are illegal off tribal lands include bottle rockets, skyrockets, missiles and firecrackers. M-80s and larger, as well as dynamite and any improvised, homemade or altered explosive devices such as tennis balls, sparkler bombs or cherry bombs are likewise illegal explosive devices, and those who possess or use such illegal explosive devices can expect to be charged with a felony.

State Fire Marshal Charles Duffy is reminding Washingtonians that the purchase of fireworks over the Internet is illegal. In Washington state, fireworks must be purchased from a licensed retail fireworks stand during the legal sales period. Orders for fireworks cannot be placed over the Internet, or posted on websites such as Craigslist

In its online list of tips to the public, the Arlington Fire Department noted that illegal fireworks are often unpackaged and wrapped in plain brown paper, and warned against purchasing any fireworks that are not in their original packages, or are in opened or damaged packages.

Marysville police are taking enforcement of these laws seriously and will be citing those caught with illegal fireworks between now and the Fourth of July. Under state law, possession or discharge of illegal fireworks is a misdemeanor offense punishable by a fine of up to $1,000, up to a year in jail and a mandatory court appearance. City of Marysville Public Information Officer Doug Buell pointed out that Marysville police can issue criminal citations to violators or civil citations, the latter similar to a standard ticket.

Marysville police may issue a civil infraction, or fine, in an amount up to $500, instead of a criminal citation. The criminal misdemeanor fine is consistent with the standard state penalty of an amount not to exceed $1,000 and/or 90 days in jail. Gross misdemeanor offenses carry a fine of up to $5,000 and/or a year in jail, and a person with three or more civil infractions within a two-year time period will be cited for a misdemeanor.

Marysville Police Cmdr. Robb Lamoureux explained that such civil infractions enable officers to spend more time on the streets responding to fireworks complaints, and less time processing criminal citation paperwork. He added that the safety of individuals and property is the police department’s utmost concern.

“Use caution and follow safety rules for responsible use of fireworks,” Lamoureux said. “Illegal fireworks in particular pose a public safety and medical hazard, and they have the potential to cause property damage in the Marysville area.”

Although Arlington Assistant City Administrator Kristin Banfield believes that Arlington police are more likely to try and educate those using illegal fireworks, or those using fireworks illegally, she warned that, “If they have to make a repeat trip to your place for fireworks, it’ll probably result in a fine.”

Officials in both cities urge Fourth of July holiday revelers to clean up their fireworks after they’re finished.

“After you light it up, clean it up,” Buell said. “Discarded fireworks the days after the Fourth are a neighborhood eyesore, and smoldering, spent fireworks can still pose a fire hazard if not disposed of properly.”

To dispose of spent fireworks properly, the Arlington Fire Department advises that people let their used fireworks lay on the ground until they are cool and there is no chance that any residue will reignite, after which they should place all the expended firework cases in a bucket of water to soak them thoroughly. Those who use fireworks should keep a bucket of water or a running water hose close by in case of a firework malfunction or fire.

“First and foremost, our fire and police chiefs strongly encourage our residents to stay safe by attending the local public displays, such as the one at the Arlington Boys & Girls Club sponsored by the Arlington-Smokey Point Chamber of Commerce,” Banfield said. “If you do use fireworks, however, only use them as intended, and use common sense. Don’t try to alter them or combine them, and never relight a ‘dud’ firework. Spectators should keep a safe distance from the shooter, and alcohol and fireworks do not mix, so have a ‘designated shooter.’ Only those older than 12 years old should be allowed to handle fireworks, especially sparklers of any type.”

For more information, visit the city of Marysville’s fireworks website at http://marysvillewa.gov/index.aspx?nid=362 and the city of Arlington’s fireworks website at http://arlingtonwa.gov/index.aspx?page=419.

For more information about fireworks safety, public fireworks displays and the fireworks laws for your area, check the Celebrate Safely website at www.wsp.wa.gov/fire/fireworks.htm.

Energy Secretary Ernest Moniz relies on dubious coal tech for Obama climate strategy

Sharon Kelly, DeSmog Blog

The key takeaway from President Obama’s major climate change announcement this week was his intent to batten down on coal. But if history is any indication, the man Mr. Obama selected to run the Department of Energy may have different plans.

Ernest J. Moniz has a long history of supporting coal-powered electricity, staking his arguments in favor of coal on a technology that remains entirely unproven: carbon capture and sequestration (CCS).

Mr. Moniz will be in a uniquely influential position when it comes to confronting these problems. President Obama announced that he would rely on executive agencies instead of Congress, so Mr. Moniz’s Energy Department will play a crucial role in determining precisely how Obama’s strategy is administered.

The day after Obama’s speech, Moniz told Congress “the President advocates an all-of-the-above energy strategy and I am very much in tune with this.”

What’s wrong with an all-of-the-above strategy? It extends reliance on fossil fuels, at a time when scientists warn that we can only burn twenty percent of current reserves before the world tips past the crucial 2 degree Celsius point. Beyond two degrees, some of the most devastating impacts of global warming will be felt. Keep in mind that, if all of the world’s coal is burned, global temperatures could rise by a jaw-dropping 15 degrees Celsius, a study published in the prestigious journal Nature last year concluded.

The stakes, when it comes to controlling American greenhouse gas emissions, are huge.

In May, carbon dioxide levels in the Earth’s atmosphere reached 400 parts per million – the highest level of carbon dioxide ever recorded in human history. Last year, the continental U.S. experienced its hottest year on record, and the NRDC estimates that climate-related disasters like crop loss, wildfires and floods cost the nation roughly $140 billion last year alone, with much of the tab picked up by taxpayers.

Power plants are the single largest source of American carbon dioxide emissions, accounting for a third of the nation’s total greenhouse gasses. So focusing on power plants is key if emissions are to be reduced.

Coal currently supplies about 40 percent of American electricity, according to EIA statistics, down from fifty percent in 2005. Coal’s decline comes as natural gas from fracking (which has its own worrisome climate impacts, measured in methane rather than carbon dioxide), wind and solar, have risen in their share of the U.S. electric portfolio. Since the beginning of 2010, 145 coal-fired power plantsannounced plans to retire.

But the Department of Energy is focused not on retiring more of these plants, pinning its hopes instead on developing new technologies to make coal cleaner. The plan in rough form, involves collecting carbon dioxide emitted by power plants and burying it, forever, underground.

If that sounds like a heck of a challenge, that’s because it is.

There’s not a single large commercially-operating carbon sequestration plantanywhere in the world.

That’s despite over $25 billion in government subsidies worldwide from 2008 to 2012.

Nevertheless, Mr. Moniz told Congress that “the Administration has already committed about $6 billion to [carbon capture and sequestration] demonstrations, and success of the forthcoming projects will be a critical step toward meeting the President’s climate goals.”

The $8 billion in total subsidies adds up to more than the wind and solar industries combined receive – and those are industries that have proven themselves to be commercially viable.

Undaunted, Moniz told The New York Times on Thursday that carbon capture and sequestration was a vital part of the country’s climate change strategy. He called for CCS to be commercialized first for coal-fired power plants. He added that natural gas’ carbon emissions, though half those of coal, are still too high to meet Obama’s long-term goal of slashing emissions 80 percent from 1990 levels by 2050 — so he called for the same speculative technology to resolve that problem as well.

The transition to an electric industry that captures its greenhouse gasses instead of releasing them into the atmosphere makes the challenges associated with developing renewables like wind and solar look easy in comparison.

Professor Vaclav Smil, author of the “Energy Myths and Realities: Bringing Science to the Energy Policy Debate” – See more at: http://www.ecopedia.com/environment/will-carbon-sequestration-solve-clim…

Professor Vaclav Smil, author of “Energy Myths and Realities: Bringing Science to the Energy Policy Debate” has calculated that to sequester just a fifth of current carbon dioxide emissions:

“… we would have to create an entirely new worldwide absorption-gathering-compression-transportation- storage industry whose annual throughput would have to be about 70 percent larger than the annual volume now handled by the global crude oil industry whose immense infrastructure of wells, pipelines, compressor stations and storages took generations to build.”

Carbon capture is also grossly inefficient. “By some estimates, 40 percent of the energy generated has to go to the carbon capture and sequestration process,” Josh Galperin, associate director of the Yale Center for Environmental Law and Policy,said after the climate strategy was released. DeSmog’s Kevin Grandia describessome further technical hurdles that carbon sequestration has yet to overcome.

In a key indication of how shaky the science is behind carbon sequestration, not even the World Bank will fund it. Concerns about climate change led the Bank to restrict its financial support for coal projects except in “rare circumstances,” a draft strategy leaked to the press earlier this week indicates. In a glaring omission, the strategy says nothing about carbon capture and sequestration as an alternative.

None of this seems to matter to Mr. Moniz, whose support of the coal industry and faith in sequestration has been longstanding.

A 2009 report he helped produce focused on how to reduce CO2 from coal plants, touting the potential for so-called “clean coal.”

“It’s cheap,” he told Scientific American when the report was released, “there’s lots of it and there’s lots of it in places with high demand, namely the U.S., China and India.”

In 2007, Moniz co-authored an MIT report titled “The Future of Coal” that aimed to examine “how the world can continue to use coal, an abundant and inexpensive fuel, in a way that mitigates, instead of worsens, the global warming crisis.”

Moniz’s faith in carbon sequestration has remained unshaken up to the present day.

“It’s not going to happen tomorrow, but I believe in this decade we will have demonstrated the viability of large-scale storage” of carbon-dioxide from industrial operations, he told the Associated Press on Thursday. “The president made clear that we anticipate that coal and other fossil fuels are going to play a significant role for quite some time on the way to a very low carbon economy,” he added.

Meanwhile, broader concerns about the President’s climate plans remain.

“We’re happy to see the president finally addressing climate change” said Bill Snape, senior counsel for the Center for Biological Diversity, “but the plain truth is that what he’s proposing isn’t big enough, and doesn’t move fast enough, to match the terrifying magnitude of the climate crisis.”

And if the clean coal technology Mr. Moniz is counting on doesn’t pan out, prospects may be even dimmer.

Overdue White House Native Council Lacking Budget Control and Natives

Rob Capriccioso, Indian Country Today Media Network

President Barack Obama, following the lead of at least three presidents before him, established a White House Council on Native American Affairs on June 26.

The council is expected to oversee and coordinate the progress of federal agencies on tribal programs and consultation with tribes across the federal government.

“This policy is established as a means of promoting and sustaining prosperous and resilient tribal communities,” Obama said in his executive order announcing the Council. “Greater engagement and meaningful consultation with tribes is of paramount importance in developing any policies affecting tribal nations.” (Related story: Obama Establishes White House Council on Native American Affairs)

Jodi Gillette, Senior Policy Advisor for Native American Affairs with the White House Domestic Policy Council, was direct in describing the need for the Council during a press conference call on June 27. “We need to do more, and we need to do it better,” she said. “Tribal leaders have told us we aren’t talking to each other enough.”

The Council will have no financial powers—those still belong to the Office of Management and Budget, which will continue to control how much money is spent on Native programs throughout the federal government.

Secretary of the Department of the Interior Sally Jewell, who is designated chair of the Council by the president, told attendees of a meeting of the National Congress of American Indians in Nevada on June 27 that she would like to have the ability to curb cuts to Indian programs. During a speech there, she called sequestration “stupid,” and she noted that it has targeted tribal programs that are supposed to be protected under the federal-tribal trust relationship. She also wiped tears from her eyes when she said she realized the depth of her commitment to Indian issues over Memorial Day Weekend.

Despite this budgetary limitation, the president’s move is being applauded by tribal officials, including some involved with NCAI, who say that such a development is overdue under the Obama administration to better organize its response to Indian issues.

At the same time, some are concerned that this new Council is not currently scheduled to have tribal seats, although the administration has promised to consult with tribal leaders on issues the Council addresses.

Tex Hall, chairman of the Three Affiliated Tribes, has been pressing for the creation of a Native American White House council based on the model established under President Lyndon B. Johnson that would make tribes actual members of the council and give the council stronger powers (including OMB and budget powers).

Hall would especially like to see that model in place because OMB, earlier this year, decided to sequester Native programs, despite the federal trust responsibility to tribes. If the White House Native council had more budgetary power, this problem could have been averted.

Officials involved in past presidential Native American councils have also questioned why it took so long into Obama’s tenure to establish the Council since similar to ones that have proven to be useful under past administrations, including those of Presidents Johnson, Ronald Reagan, and Bill Clinton.

Mike Anderson, an Indian affairs lawyers and past leader with the Clinton Native-focused council, said that he suggested to White House officials and to Indian affairs officials with the Department of the Interior during Obama’s first term that a similar council be created as the one he successfully worked on during the Clinton administration.

“[I’m] glad they are finally doing it,” Anderson said, adding that this group could have pushed for the federal agencies complete tribal consultation policies in compliance with the president’s request from 2009 that went unheeded by some for years after his request.

Anderson said it would have also been helpful for the Treasury Department, in particular, to hear perspectives on Indians during the president’s first term, since that Department has had some recent tax dealings with tribes that continue to perplex tribal leaders and citizens.

Meanwhile, U.S. Rep. Don Young (R-Alaska), chair of the subcommittee on Indian and Alaska Native Affairs in the House, is expressing concern that the creation of the council is symbolic, and he fears it does not focus enough on helping poverty-stricken tribes.

“This announced council is symbolic and a gesture rather than concrete action,” said Young spokesman Michael Anderson (no relation to Indian affairs lawyer Mike Anderson). “This is the phenomenon of government people creating a ‘blue ribbon panel’ to buy time so they can figure out how…to improve Indian reservation economies.

“Indian country’s unemployment situation, from all appearances, has not improved since Obama took office,” Anderson added. “If it has, we wouldn’t know it because the Secretary of the Interior has failed to produce annually required tribal labor reports. There are precious few job-producing non-government projects the Obama administration has approved in Indian country.”

Sen. Maria Cantwell (D-Wash.), chair of the Senate Committee on Indian Affairs, is much less critical of the Council and the president’s efforts. “This council recognizes the unique government-to-government relationship that exists between tribal governments and the federal government, and can help federal agencies work more effectively with tribes all across the nation,” she told Indian Country Today Media Network. “I look forward to working with Interior Secretary Sally Jewell on innovative ways to strengthen tribal self-governance and self-determination.”

Some Obama administration officials say the creation of the Council is the next step in the evolution of the president’s strong commitment to Indian country.

“This announcement today is the next evolution of what is already a wonderful approach toward Indian tribes,” Assistant Secretary – Indian Affairs Kevin Washburn said in a press conference call on June 27. “I am confident that this will make the administration even more effective at working with tribes in the future.”

Administration officials have not addressed why tribal officials were not invited to hold positions on the Council, as has happened with past presidential councils, nor why one wasn’t created sooner.

ABC News on Tohono O’odham Nation’s Harrowing Mexican-Border War

Indian Country Today Media Network

As the immigration debate heats up in Congress, the Tohono O’odham Nation in Arizona is caught in the crossfire. The tribe’s reservation borders Mexico but has one of the least-policed barriers on the entire imaginary line that separates Mexico from its northern neighbor.

With newer measures to keep out undocumented immigrants being augmented along other parts of the border, the attention of drug smugglers, human traffickers and would-be immigrants themselves is becoming more focused on this relatively unprotected stretch. ABC’s Nightline edition at 12:35 a.m. Eastern Daylight Time on Friday June 28 profiles the border that “has made life a daily hell for a tribe of Native Americans,” as ABC News reports. The

“While border-crossing apprehensions in Arizona are down 43 percent from two years ago, it is a different, more complicated story on the Tohono O’odham Nation,” ABC News says. “Drug seizures on the reservation are steadily climbing—nearly 500,000 pounds of marijuana was seized last year, a number that has nearly doubled since 2010. Recently, Tohono O’odham police seized copy million worth of marijuana in just one week.”

Watch the full report on ABC, or catch it online.

Read In Efforts to Secure US-Mexico Border, Ariz. Native Americans Feel Caught in the Middle at ABC News.com.

Lummi Nation harvests hatchery fish, releases natural origin chinook

Lummi Natural Resources staffers Tony George, left, and Ralph Phair collect a hatchery chinook salmon from a tangle net in the Nooksack River.

Northwest Indian Fisheries Commission

The Lummi Nation Natural Resources Department is conducting a pilot tangle net fishery for hatchery chinook salmon that allows natural origin fish to be released without harm.

Nooksack River early chinook are part of a major population group that must be recovering before the Puget Sound chinook listed as “threatened” under the Endangered Species Act (ESA) can be delisted.

“We’re trying to conserve all the natural origin fish by using a smaller mesh net,” said Alan Chapman, ESA coordinator for the tribe. “The fish tangle by the snout, rather than the gills or body, so they can be safely released.”

Fish from the state Department of Fish and Wildlife’s North Fork Nooksack early chinook hatchery program are marked with a clipped adipose fin and/or coded-wire tag. When a tangle net is used, tribal fishermen can harvest those fish, while releasing the wild ones.

The Lummi Nation contracted with tribal fishermen Rab Washington and Johnny Olsen to fish the small mesh net, with the assistance of natural resources staff who sort the fish, take tissue and scale samples from natural origin fish before releasing them, and take scale samples and coded-wire tag information from the retained hatchery salmon.

“We hope this pilot program will lead to a closely supervised tribal fishery so we can get back to the days our elder fishers reminisce about,” said Merle Jefferson, director of Lummi Natural Resources. “Eventually, we could use the tangle net to harvest pink salmon that haven’t been available to tribal fishermen because of chinook bycatch concerns. This will also increase fishing opportunities during the spring and summer months, and help protect the fall chinook fishery from bycatch concerns.”

The decline in salmon runs has come at a great cost to Lummi fishermen, who make up one of the largest tribal fishing fleets in the country. Increasing fishing opportunities is crucial to supporting their Schelangen, or way of life, and retaining their tribal identity.

“We need to get our kids out fishing so they can understand the way it used to be and why we do what we do,” said Randy Kinley, fisherman and Lummi policy representative. “Future leaders need to remember where we came from, as it was taught to us.”

The tangle net fishery helped the tribe get one step closer to that goal by providing all of the salmon served at the Lummi Nation’s First Salmon Ceremony in May.

“Everyone in our community had an opportunity to feast on the salmon and celebrate our culture and connection to our fishing heritage at our First Salmon Ceremony,” Jefferson said.

Paul Frank Native American-designed collection an apology for powwow party?

Paul Frank parent company Saban Brands President Elie Dekel surrounded by products featuring Paul Frank icon Julius the Monkey. (Genaro Molina / Los Angeles Times / June 19, 2013)

By Booth Moore, Los Angeles Times, June 19, 2003

On Tuesday, I wrote a post about the new “Paul Frank Presents” collection of accessories designed in collaboration with Native American artists.

After so many egregious misappropriations of Native American culture by fashion brands (“Navajo” T-shirts at Urban Outfitters and feather headdresses on the runway at Victoria’s Secret), I wrote that it was heartening to learn that Los Angeles-based Paul Frank, the brand that turned a sock monkey into a fashion statement, announced it is collaborating with four tribes in regions across the country in what seemed to be an authentic way, giving artists the opportunity to design accessories for a special collection launching in August on PaulFrank.com.

(The artists include Louie Gong from the Nooksack tribe; Candace Halcro from the Cree/Metis tribe; Dustin Martin from the Navajo tribe; and Autumn Dawn Gomez from the Comanche/Taos tribe.)

But I failed to include the backstory. Dr. Jessica R. Metcalfe, a Turtle Mountain Chippewa from North Dakota, who writes about Native American art, fashion and design, as well as owning and operating the site BeyondBuckskin.com, where many of the artists tapped by Paul Frank sell their designs, elaborates on the collaboration in an illuminating post here.

“While I am undeniably thrilled about the announcement and all that it represents, the press release failed to mention the various factors that led to this collaboration,” Metcalfe writes. “Last September, the lifestyle brand Paul Frank hosted a “powwow”-inspired fashion event that featured some questionable party favors and activities.”

“After a sizable backlash from people from Native American communities and our allies, the brand removed over a thousand images of the event from their Facebook page, and the president of the company, Elie Dekel, reached out to myself and Adrienne Keene of Native Appropriations. He reached out to the two of us, I think, because we had been the loudest in pointing out the obvious racism behind this event … and so it began — the gesturing to apologize for this major slip-up,” Metcalfe writes.

Although Paul Frank’s collaboration with Native American artists will undoubtedly help bring the work of these talented young people to a wider audience, the company should have been forthcoming in press materials about the journey it took to get here. Because what is corporate responsibility without full disclosure?

Big News from the White House

Source: Quinault Nation

TAHOLAH, WA (6/26/13)–“This is an exciting development in advancing a new era of U.S.-Tribal relations,” exclaimed Fawn Sharp, President of the Quinault Indian Nation and the Affiliated Tribes of Northwest Indians regarding today’s establishment of the White House Council on Native American Affairs by President Barack Obama.

President Obama established the council in an executive order with the stated objective of promoting and sustaining “prosperous and resilient Native American tribal governments” and in recognition of a government-to-government relationship with tribes throughout the country. “This relationship is set forth in the Constitution of the United States, treaties, statutes, Executive Orders, administrative rules and regulations, and judicial decisions. Honoring these relationships and respecting the sovereignty of tribal nations is critical to advancing tribal self-determination and prosperity,” says the executive order.

“This executive order comes from a President who has taken the time to listen to the American Indian people. It is a document that recognizes our history and struggles and acknowledges our interests and objectives. On behalf of the Native people and the tribes I represent in my elected capacities, I thank him for his foresight and the intent of this very important decision,” said Sharp. The White House Council on Native American Affairs is primarily coordination. But it could benefit Tribes by addressing the chronic problem of tribal government and tribal program underfunding which had ranged from 50 to 80 percent, said Sharp.

Sharp pointed out that the council is to coordinate its policy development through the Domestic Policy Council which tends to create yet another layer of a federal policy process and was more direct through inter-agency collaboration. There does not appear to be a mechanism for direct tribal government engagement with the Council on “tribal specific” policy and the establishment of effective inter-governmental negotiation mechanisms. The new Council appears to be solely concerned with federal funds, but may not address the conveyance of funds through states to Indian governments. Finally, President Sharp pointed out that the new council does not appear to be concerned with urban and rural Indians and Alaskan Natives and Hawaiian natives now constituting more than half of the total native population in the United States.

The Executive Order goes on to say, “As we work together to forge a brighter future for all Americans, we cannot ignore a history of mistreatment and destructive policies that have hurt tribal communities. The United States seeks to continue restoring and healing relations with Native Americans and to strengthen its partnership with tribal governments. Our more recent history demonstrates that tribal self-determination — the ability of tribal governments to determine how to build and sustain their own communities — is necessary for successful and prospering communities. We further recognize that restoring tribal lands through appropriate means helps foster tribal self-determination.”

The Executive Order establishes a national policy to ensure that the Federal Government engages in a true and lasting government-to-government relationship with federally recognized tribes in a more coordinated and effective manner, including by better carrying out its trust responsibilities. This policy is established as a means of promoting and sustaining prosperous and resilient tribal communities. “Greater engagement and meaningful consultation with tribes is of paramount importance in developing any policies affecting tribal nations,” it reads.

Among other policy direction, the order asserts that it is the policy of the United States to promote the development of prosperous and resilient tribal communities by promoting sustainable economic development, greater access to health care, improvement of tribal justice systems, greater educational opportunities and improved protection of tribal lands, natural resources and culture.

The chair of the new council will be the Secretary of Interior and members will include the heads of numerous federal executive departments, agencies and offices. The order lays out funding sources, meeting frequency, processes for making recommendations to the President and various other objectives. Interior Secretary Sally Jewell has stated she will announce further details related to council as soon as tomorrow.

The formation of a White House Council on Native American Affairs recalls the Johnson and Nixon Administrations’ Council on Indian Opportunity (1968-1974) which was chaired by the Vice President of the United States, said Sharp. Like the Johnson and Nixon Council the new White House Council is intended to coordinate federal programs and the use of resources to be delivered to tribal communities. Unlike the earlier Council, the new 31 member Council does not have representatives of tribal governments. Unlike the earlier National Council, the White House Council does not have actual broader policy powers since the earlier body actually conducted meetings around the country, had the Vice President as the Chair and included officials from both the US government and tribal governments.

“It is true that the tribes have struggled tremendously through the decades in this country. But from generation to generation we have also proved our resiliency. We have endured much, and even today there are many who fail to understand us. We do appreciate President Obama’s intents and actions. But as we proceed in the improvement of the federal/tribal government-to-government relationship, it is important that tribal leadership be included in the planning and implementation process at every opportunity,” said Sharp.

“The bottom line is that it is no small thing that the president is doing here, just as it is no small thing that he has embraced Indian Country*. Again, I thank him for his wisdom, his heart and his foresight,” said Sharp.

*In May 2008, Barack Obama became the first American presidential candidate to visit the reservation of the Crow Nation. During his trip he was adopted by Hartford (now deceased) and Mary Black Eagle as a member of the nation. Hartford chose the name “Awe Kooda Bilaxpak Kuxshish,” or ”One Who Helps People Throughout This Land” to formally give to Obama, and the President has had the wisdom and sensitivity to embrace his adopted name and family with dignity and respect.

White House Council on Native American Affairs Executive Order in full:

http://www.whitehouse.gov/the-press-office/2013/06/26/executive-order-establishing-white-house-council-native-american-affairs

Greed, Corruption and Indian Country’s New Welfare States

Leland McGee, Indian Country Today Media Network

Indian country’s pecuniary advancements created by Indian gaming are well documented. Many tribes have taken full advantage of expanding and diversifying business ventures that now represent a sustainable economic base far greater than their initial casino enterprise. Such planning and financial discipline is commendable. Strong tribal leadership and the willingness to do what is in the best interest of the citizenry of those governments is usually the common thread of success for those tribes. Many times, however, decisions made by tribal councils to obtain such successful economic diversity come at a political price: risking their leadership positions by standing up to their constituents and saying no to either initiating per capita payments, or increasing them beyond sensible levels.

Unfortunately, many tribes today have lost that astute fiscal resolve. In its stead, per capita has become something so adverse amongst so many of our people that it now serves to hinder, disrupt and in some instances, even dismantle tribal governments. Disenrollment, political turmoil, government breakdowns, corruption, financial dependency and absolute greed has become the new “norm” for too many gaming tribes. I’ve witnessed more times than I care to admit, general councils literally holding tribal councils political hostage over per capita distributions. Chants of: “either pay us more per capita, or we’ll vote you out and replace you with someone who will” has become commonplace within many tribal communities. Sound familiar?

The truth of the matter is that per capita payments do little to improve our tribal communities, much less peoples’ lives. Yes, we have a sovereign right to establish per capita for our citizens, but that doesn’t necessarily mean that it’s “the right thing to do.” Some of our most formidable leaders during the early years of Indian gaming argued against per capita. They understood that the net gaming profits from our casino operations were the financial gifts born from the struggles to evolve and develop this industry. Gaming was viewed as an important tool to address generational socio-economic disparity throughout Indian country. Gaming revenues were our way of lessening our dependency on federal funding sources, as well as our opportunity to strengthen and improve tribal government operations, which is a true exercise in sovereignty.

Many tribal governments realized that creating a system of per capita payouts to tribal citizens established nothing short of a tribally funded “welfare state.” Tribes that opposed and rejected per capita payments to their citizens early on were, by and large, the ones setting the standard for quality of life improvements within their communities. As a tribal citizen, enjoying this new influx of casino revenue meant that your basic needs in life were provided for, so long as you earned and/or qualified for such assistance. This included housing, education, health care, child care, elder assistance, business start-up assistance and a slew of other programs and services that casino revenues provided.

Today’s trend though seems to be growing more and more negative in regards to per capita outlays. We have families pitted against families fighting over who is and who is not a rightful citizen of their tribal government. Issues that were never in dispute before per capita payments were declared, now grow in volume and intensity. Disenrollment was extremely rare and when exercised, was for actual cause (no Indian blood quantum, dual enrollment, et cetera), not because of greed and corruption over per capita outlays. Such actions only serve to kill our native culture. We lose respect, credibility and support throughout the United States, especially within the federal government, and look absolutely ridiculous in the eyes of the world. A proud people we are not when we allow an infiltration of bad acts and bad actors to operate and control tribal governments, spurred on by overwhelming dictate from tribal citizens demanding more and more “free” money from their tribes.

So, what can be done to reverse this trend? Maybe we begin by nurturing and empowering stronger leadership within our tribal governments. Tribal councils willing to stand in unison against per capita payments, or increases thereto, is a good starting point. Regaining control of tribal finances and putting those dollars to work in other areas are also key goals. Tribes that utilize gaming proceeds to diversify economic portfolios, generate new business ventures, create jobs and grow tribal wealth beyond casino operations, better control per capita greed. Also, lest not forget that in most states, our monopoly over casino-style gaming enterprises is a very fragile one. At any time we can see changes to state gaming laws that allow expansion of casino-style gaming to non-Indian entities in and around population centers, as a way of increasing state tax revenues and thereby devastating a large percentage of Indian gaming as we know it.

Many of us have and will continue to dedicate our lives to prevent such circumstances from occurring. However, we need to do a much better job of perpetuating positive views and opinions in the public domain on how we utilize our gaming revenues. It’s a lot easier arguing protectionism of Indian gaming’s status quo in states around the country struggling to raise more revenues, if we are not constantly lambasted in the press over tribal infighting based on nothing more than greed. Better educating our people as to the pitfalls of per capita dependency is also critical. It’s a tough challenge for any tribal council to face, but in the end such efforts may save a tribal government and the communities it serves. Our fights to secure Indian gaming was to improve government operations, tribal business ventures and overall quality of life for our citizens; not to politically cannibalize ourselves through acts of voracity, corruption and the spread of destructive per capita dependency among our own people.

Leland McGee, a citizen of the Cherokee Nation, is a principal of the Sequoyah Group, LLC, a native-owned national Indian economic, energy and gaming development consulting firm. He has served in Indian Affairs under both Clinton and Bush Administrations, served under the National Congress of American Indians, directed government affairs for a national Indian law firm, and has served as executive director and tribal administrator for federally recognized tribal governments.