Tribal Land Archives - Tulalip News

Yakama Nation to have full authority over civil, criminal proceedings on tribal land

YAKIMA, Wash. — Federal officials have accepted a petition that will give Yakama Nation authorities exclusive jurisdiction for certain cases on tribal land, and will have the State of Washington withdraw from any authority.

The United States Department of the Interior said in a news release Monday that ‘retrocession’ has been granted, and tribal police and courts will have full authority over civil and criminal cases involving members of the nation.

The federal government will retain their authority over the Nation, and Yakama Nation authority will remain the same. The removal of state authority over tribal persons is the only change to come from this decision.

The state will keep jurisdiction over those involving non-tribal defendants, plaintiffs or victims.

As part of the agreement the federal Office of Justice Services (OJS) assessed the Yakama Nation’s court system and offered recommendations for improvements to their tribal court operations, as well as helped develop a 3-5 year plan.

The Yakama Nation also created ten new police officer positions, in preparation of having more cases to handle.

OJS also donated $149,000 to the help bolster the tribal court system by improving the court’s infrastructure, increase pay for law-trained judges, hire a legal assistant and court administrator, and provide training to tribal judges, prosecutors, and defenders on issues like domestic violence, child abuse, and neglect.

Washington lawmakers established a process for tribes to ask for exclusive jurisdiction in 2012. Washington has become the sixteenth state to rescind its authority over tribal court proceedings involving only tribal members.

Governor Jay Inslee agreed to the Yakama Nation’s petition last year. The change will officially take effect in April.

View here to see the full release from the United States Department of the Interior.

Court revises test on who is Native American

By Associated Press

FLAGSTAFF (AP) — Attorneys in federal cases stemming from crimes on American Indian reservations have new guidance on what’s needed to prove a defendant is Indian.

Federal authorities have jurisdiction over major crimes on tribal land when the victim, suspect or both are American Indian. A two-part test determines who is Indian.

The 9th U.S. Circuit Court of Appeals revised the first part of that test in an opinion Tuesday — no longer requiring that the degree of Indian blood be traced to a federally recognized tribe — and restored an Arizona man’s 90-year sentence on assault and firearms charges.

The court said evidence at trial was enough to find Damien Zepeda is American Indian. Zepeda, an enrolled member of the Gila River Indian Community, disagreed.

“That’s why it was so important to clarify that the proof in this case was sufficient,” said Arthur Hellman, a University of Pittsburgh law professor who monitors the 9th Circuit. “This will lay down the rule for future prosecutors.”

In 2013, a three-judge panel of the 9th Circuit ruled prosecutors did not prove beyond a reasonable doubt that Zepeda’s bloodline of one-quarter Pima and one-quarter Tohono O’odham derived from an American Indian tribe recognized by the U.S. Bureau of Indian Affairs. It reversed all but one of nine convictions and ordered a lower court to resentence him.

The panel also said federal recognition of a tribe is a matter for a jury to decide.

The court revised its opinion in September 2013 and said federal recognition is a question of law to be decided by a judge. The full 9th Circuit agreed Tuesday.

The new opinion reinstates Zepeda’s convictions and sentence, and modifies what’s known as the Bruce test for determining who is American Indian.

Under the revised test, a defendant still must be a member of or affiliated with a federally recognized tribe, and have a degree of Indian blood. But the defendant’s blood quantum no longer must be traced to a federally recognized tribe.

The full 9th Circuit said the test was satisfied with Zepeda’s tribal enrollment certificate, testimony by Zepeda’s brother that their father was an Indian, and the Gila River Indian Community being a federally recognized tribe.

Zepeda’s attorney, Michele Moretti, said Wednesday she would appeal to the U.S. Supreme Court. Federal prosecutors declined to comment.

The 9th Circuit had placed several other cases dealing with Indian status on hold until it addressed the question in Zepeda’s case.

The court was unanimous its ruling, but Judges Alex Kozinski and Sandra Ikuta disagreed with the reasoning. They said the Bruce test as refined by the majority violates equal protection rights because it turns on race, not political affiliation.

Kozinski said the U.S. Supreme Court has stressed that federal regulation of tribes does not equate to federal regulation of the Indian race.

“Damien Zepeda will go to prison for over 90 years because he has ‘Indian blood,’ while an identically situated tribe member with different racial characteristics would have had his indictment dismissed,” Kozinski wrote.

Rob Williams, a University of Arizona law professor, said the cases raises interesting questions about identity, who asserts that identity and what makes someone Indian.

Standards vary among federal agencies that administer benefits to tribes and in the court system about what defines Indians, he said. Some tribes use blood quantum to determine membership, while others require ancestry to be traced to the original rolls.

“This is what is unique about federal Indian law as opposed to other countries,” he said. “There is no uniform definition of who an Indian is.”

Native Americans protest proposed Arizona copper mine

By David Schwartz, Reuters

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

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

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

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

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

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

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

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

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

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

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

(Editing by Cynthia Johnston and Eric Walsh)

U.S. DISTRICT COURT DISMISSES LAKE QUINAULT CASE

Source: Press Release Quinault Indian Nation,

TACOMA, WA (5/4/15)—United States District Court Judge Ronald B. Leighton dismissed a lawsuit this afternoon which had been filed in January against the Quinault Indian Nation and the Washington State Department of Natural Resources seeking to revoke ownership of Lake Quinault from the Tribe.
“This quick and explicit ruling was never in doubt,” said Quinault Nation President Fawn Sharp. “As I said back in January, Lake Quinault is undisputedly within the Quinault Reservation. This was a meritless lawsuit. Lake Quinault is sacred to us. It is unquestionably within our Reservation and we take our responsibility to manage it properly very seriously.”
The suit, which was filed by North Quinault Properties LLC, questioned the Tribe’s ownership of the lake. The suit had included DNR for alleged failure to fulfill its management responsibilities. But the challenge actually stemmed from a few local landowners’ reactions to closure of the lake by the Quinault Nation last year, an action taken to protect the lake from pollution problems, invasive species and violation of tribally mandated regulations, said Sharp.
“Our objective is to protect the lake for future generations. We realize it is a popular recreation destination, and we are happy to accommodate those interests, but only as long as the lake is respected and protected at levels we accept,” she said.
“We want to acknowledge the fact that this frivolous lawsuit was brought by a single landowner and that a majority of landowners around the lake understand and support our objectives. They have shown respect for our efforts to reach out to work cooperatively while recognizing the exclusive governing authority of the Tribe. Good public policy among separate and distinct sovereigns requires cooperation, good faith, respect, and, when dealing with tribal nations, an understanding, in principle and practice, that our governing powers long pre-date the United States and its political subdivisions. I want to publicly thank our neighbors and say that we look forward to strengthening our valuable relationship with them. Working together, as we have been able to do, is the best way we can all assure that Lake Quinault will remain clean, beautiful and available for all citizens for many years to come,” she said.
Judge Leighton issued separate dismissal rulings for the Tribe and the DNR. The Court granted the Tribe’s motion to dismiss based on sovereign immunity. The state dismissal was based on the Eleventh Amendment to the U.S. Constitution.

Grow Their Own! California Tribe Will Grow Medical Marijuana on Tribal Land

Associated PressThe Pinoleville Pomo Nation in California plans to grow and manufacture medical marijuana. — Associated Press
The Pinoleville Pomo Nation in California plans to grow and manufacture medical marijuana.

Indian Country Today Media Network

The Pinoleville Pomo Nation in northern California’s Mendocino County is set to be the first tribe to grow and manufacture medical marijuana on tribal land.

The tribe has inked a deal to develop an indoors grow facility on its rancheria north of Ukiah.

“We anticipate construction to begin in early February, and operations to commence by the end of the month,” Barry Brautman, president of FoxBarry Development Company, LLC, told Indian Country Today Media Network.

FoxBarry Farms—a subsidiary of the Kansas-based firm, which partners with tribes on economic development projects ranging from farms to casinos—will help develop the “state-of-the-art greenhouses, as well as processing and office space,” Brautman said.

FoxBarry will additionally manage distribution of the medical marijuana and related products in the state. “Our first phase will include 90,000 feet of greenhouse space, and another 20,000 feet of indoor space,” Brautman said.

The operation will sell marijuana only for authorized medical users and dispensaries in accordance with California state law. Many anticipate California to join at least four other states in legalizing recreational use of marijuana next year.

FoxBarry has pledged $30 million to develop at least three medical marijuana facilities on tribal lands in northern, central and southern California. Brautman noted that FoxBarry has reached terms with one other Indian Nation, though he declined to identify the tribe at this time.

“Documentation is nearly complete,” Brautman said. “I anticipate that the operations for that tribe is 30-to-45 days behind Pinoleville.”

Colorado-based United Cannabis will offer consulting services to the FoxBarry-managed medical marijuana farms, particularly related to cultivation, harvesting, processing and sales of medical marijuana and medical marijuana-infused products. Under the licensing agreement, United Cannabis will receive $200,000 in prepaid royalties and 15 percent of net sales. In return, FoxBarry will have exclusive distribution rights to United Cannabis products in California.

“The project will be producing the full range of medical marijuana and medical marijuana-infused products under the licensing agreement with United Cannabis,” which will include leaves, flowers, hash, hash oil, medicinal pills, medicinal liquids/oils, and much more, Brautman said.

The products will contain various levels of the psychoactive ingredient tetrahydrocannabinol (THC) and the non-psychoactive cannabidiol (CBD). “This includes many ‘inactive’ products,” he added.

While CBD has been widely touted for its medicinal benefits, particularly in reducing symptoms of intractable epilepsy, pot strains with higher levels of THC have proven effective in controlling the symptoms of autism in some children by stimulating brain cell signaling and reducing certain dysfunctions, reported the San Francisco Gate.

United Cannabis is also a supplier of the marijuana-derived Prana Bio Nutrient Medicinals, available in oil and pill form in micro doses. The medicine seeks to target patient aliments related to the central nervous system or the immune system, respectively.

Hemp—the non-psychoactive cannabis that can be used to make more than 25,000 products ranging from clothing to dynamite — may come into play in the future.

“We are talking with several tribes about industrial hemp, although our main priority is getting our grow op projects open and online,” Brautman said.

Secretary Jewell Celebrates Agreement with Seminole Tribe of Florida to Help Spur Investment, Commercial Development

Tribal leasing regulations foster economic development, represent another step furthering tribal self-determination

Source: U.S. Department of the Interior

HOLLYWOOD, Fla. – As part of President Obama’s commitment to empowering American Indian and Alaska Native tribal nations and strengthening their economies, Secretary of the Interior Sally Jewell and Bureau of Indian Affairs Director Michael Black today joined Seminole Tribal Chairman James E. Billie to formally approve tribal leasing regulations that will help spur investment and commercial development on the Seminole Tribe’s reservations.

Upon approval of the tribal regulations by the Department of the Interior, tribes may approve land leases without Bureau of Indian Affairs (BIA) approval, fostering tribal self-governance in the approval of leases for homes and small businesses in Indian Country.

“The Seminole Tribe of Florida will now decide for itself how it wants to do business on its lands – from making it easier for families to buy and build houses to opening businesses in the communities where they have lived for generations,” said Secretary Jewell, who also serves as chair of the White House Council on Native American Affairs. “Today’s agreement will encourage economic development and help create jobs while strengthening tribal sovereignty and self-determination by putting these decisions back in the hands of the tribe.”

Today’s signing ceremony comes on the heels of the White House Tribal Nations Conference held in December 2014, when leaders from all 566 federally recognized tribes were invited to Washington, D.C. to interact directly with the President and senior cabinet and administration officials. The conference – the sixth for the Obama Administration – continues to build on the President’s commitment to strengthen the government-to-government relationship with Indian Country.

“This is an important day for the Seminole Tribe, which will be able to process residential and business leases without the need for BIA approval,” said Chairman Billie. “This authority will allow the Tribe to better serve its members and create new opportunities for economic development on the Tribe’s reservations. We appreciate the Department’s assistance in working with the Tribe through the approval process.”

“Tribal self-determination means the tribe will now decide how its lands may be used for the good of its members and how it wants to do business on its lands,” said BIA Director Black. “The Seminole Tribe’s endeavors contribute to the local, state and regional economies and the tribe’s leasing initiative will further that economic vitality and contribution.”

Tribal council members and several tribal government officials joined Secretary Jewell, Director Black and Chairman Billie during a signing ceremony this morning at Seminole Tribal Headquarters in Hollywood, Florida.

The Seminole Tribe of Florida resides in communities located on six component reservations: Big Cypress, Brighton, Fort Pierce, Hollywood, Immokalee and Tampa. The Tribe expects to use its new authority for business, residential and biomass energy development, as well as for cultural, educational, recreational, spiritual, and other purposes.

Under the Helping Expedite and Advance Responsible Tribal Homeownership Act (HEARTH Act), signed by President Obama in July 2012, federally recognized tribes may develop and implement their own laws governing leasing of federal tribal trust lands for residential, business, renewable energy and other purposes. The law provides that such tribes may lease their lands without federal approval, promoting greater investment in tribal communities and job creation, both of which support tribal self-determination.

The Secretary’s action today brings to 15 the number of federally recognized tribes with leasing regulations approved under the HEARTH Act. An additional 14 tribes have HEARTH Act applications under current review or modification. A full list of approved regulations and additional information about the HEART Act is available HERE.

The HEARTH Act complements a parallel effort Interior undertook to overhaul the BIA regulations that govern its process for approving surface leases on lands the federal government holds in trust for Indian tribes and individuals. As trustee, Interior manages about 56 million surface acres in Indian Country.

The new regulations were finalized in December 2012 and represent the most comprehensive reform of the BIA’s antiquated leasing process. The new regulations fundamentally change the way the BIA does business, providing clarity by identifying specific processes – with enforceable timelines – through which the BIA must review leases. The regulation also establishes separate, simplified processes for residential, business, and renewable energy development, rather than using a “one-size fits all” approach that treats a lease for a single family home the same as a lease for a large wind energy project.

Legalized Pot Is a Mess of Trouble for Tribes

By: Walter Lamar, Indian Country Today

While a patchwork of state laws have given marijuana quasi-legal status in 24 states, status on many tribal lands remains prohibited, or at best uncertain. Many tribes are content to adhere to federal prohibitions, but in PL 83-280 states (notably Washington, with legal recreational use), some are considering or even embracing the economic development potential of growing and distributing marijuana.

In general, medical marijuana laws have not been recognized on tribal lands, with some tribal members even facing exile for using state-licensed cannabis on their reservations. Many non-tribal members have also been cited for possession on the reservation, and although some legal experts hold that jurisdiction is unclear, the Salt River Maricopa-Pima Indian Community has successfully defended impounding cars of card-holding medical marijuana patients. Other tribes have requested their state’s licensing authority not to permit dispensaries near reservation boundaries.

Tribes in most states—including Colorado, where recreational use is also legal—follow federal law on marijuana use, possession, production and distribution. While some at the Ute Mountain Ute reservation have recommended initiating community discussion on the topic, the Southern Ute have come out very strongly against adhering to Colorado’s recreational marijuana laws.

The fact of the matter is that tribes have experienced more harm than good by illegal growing, cartel activity, and children being endangered by adult use or being recruited into gangs. Other tribal leaders cite problems with allowing marijuana in Indian Country such as losing subsidies for low income housing and BIA funding; IHS and tribal health services capacity strained by already high rates of drug and alcohol abuse; adding a burden to tribal law enforcement departments, courts and other agencies; and loss of employment due to failing drug tests. This last could spell big problems for recruiting and retaining a number of public trust positions, such as firefighters and police officers.

Those who support tribes’ participation in legal marijuana programs point to traditional uses for cannabis, economic development potential, reduced rates of prescription drug overdoses, and lifting the burden of patrol, monitoring, detention and probation from tribal public safety agencies. What advocates don’t want to discuss is the increase in specific risks involving children, particularly increased hospitalizations due to edibles, diversion from family members, and children perceiving marijuana use as “safe.”

Troy Eid, chair of the federally commissioned Indian Law and Order Commission acknowledges the dangers—especially for already at-risk Native youth—but argues that tribes should have the option to opt out of the federal system in order to resolve the jurisdictional “chaos that exists today.” He points out that some of the confusion came from both the Colorado and Washington laws being passed by voter initiatives, and so were without tribal consultation. In an interview with Time Magazine, he also made the argument for pursuing economic development: “The tribes are going to be left behind, because there’s been no change in state law that applies to them … These are some of the poorest areas in the country. They could be involved in this business as well, but instead they’re being prohibited from being part of what’s happening.”

Washington tribes may end up establishing precedent for a thoughtful approach to establishing marijuana laws that suit the needs of the community. Yakama has not only come out strongly against allowing recreational or medical use, but has extended its ban to all the tribe’s ceded territory, and the Washington State Liquor Control Board is automatically denying grow or distribution applications within the disputed area. Likewise, most of the tribes on Washington’s Olympic Peninsula are upholding federal law, in part because of strong community commitment to drug abuse prevention, and in part because of prohibitions on adjacent National Park Service and Forest Service lands.

On the other hand, the Pullayup have aligned their tribal criminal code with the Washington State code to permit recreational marijuana use, and several retail outlets have opened in and nearby tribal lands. The Suquamish have approached the state about permitting sales by the tribe and tribal business, but the state is seeking federal guidance before considering the application. The S’Klallam initially came out strongly against it, but are now taking a “wait and see” approach.

The Department of Justice is busy trying to sort these problems out as well. In a 2013 memo to all U.S. Attorneys, Deputy Attorney General James Cole points out several concerns that translate into public safety priorities, which should concern local police as much as federal law enforcement. These priorities include preventing distribution to minors; revenue from going to cartels and gangs; other drug trafficking under the guise of “legal” distribution; environmental degradation by illegal grow operations; possession where prohibited; violence and the use of firearms in cultivation or distribution; and drugged driving.

From initial statistics in Colorado, the state laws have been completely ineffective at preventing distribution to minors or preventing possession where prohibited, including neighboring states, public lands, and tribal areas as far away as South Dakota. Tribes are wise not to let the dollar signs blind them to the potential public safety, health and other issues that allowing marijuana use might bring, until all the Attorney General’s concerns are appropriately addressed. Finally, no matter what decisions the federal government ultimately makes regarding marijuana regulation, all governments should be respectful of individual tribes who wish to prohibit the drug on their lands. As Harry Smiskin, Yakama Nation Chairman said, ” I cannot tell you what to do on state lands in Seattle or elsewhere — I can tell you how it is going to be on Yakama Lands. The use of marijuana is not a part of our culture or religions or daily way of life. Nor is it one of our traditional medicines. Please respect our lands and our position.”

Walter Lamar, Blackfeet/Wichita, is a former FBI special agent, deputy director of BIA law enforcement and is currently president of Lamar Associates. Lamar Associates’ Indian Country Training Division offers culturally appropriate training for Indian country law enforcement and service professionals with both on-site and online courses.

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.

FBI investigate the death and possible sexual assault of toddler on tribal land

BY BRYAN DEAN bdean@opubco.com

July 24, 2013 NewsOK.com

IDABEL, OK — The FBI is investigating the death and possible sexual assault of a 2-year-old on tribal land in McCurtain County, authorities said Wednesday.

The toddler, whose name was not released, died about noon Tuesday near Idabel, FBI Special Agent Rick Rains said. Because the death occurred on land in trust for a tribe, the FBI has jurisdiction in the case, Rains said.

No arrests have been made and no charges have been filed, but authorities are questioning a potential suspect who was being held on unrelated charges, Rains said.

Potawatomi Break Ground on Biogas Plant—Converting Food Waste to Electricity

Rendering of the Forest County Potawatomi Community's renewable generation facility (miron-construction.com) — Rendering of the Forest County Potawatomi Community’s renewable generation facility (miron-construction.com)

Source: Indian Country Today Media Network

By this time next year, the Forest County Potawatomi Community-owned FCPC Renewable Generation, LLC is anticipated to complete its food waste-to-energy facility in Milwaukee, Wisconsin.

The company recently broke ground on the copy8.6 million renewable energy facility in the Menomonee Valley that will convert liquid and solid food wastes to biogas through an anaerobic digestion process. The biogas will fuel two 1-megawatt generators to produce a total of approximately 2 megawatts of gross electrical power output—enough electricity to power about 1,500 homes. The power will be sold to WE Energies, the local electrical utility.

The “Community Renewable Energy Deployment” project, better known as CommRE, is being developed one block west of Potawatomi Bingo Casino on tribal land.

Construction of the facility is expected to create nearly 100 construction jobs at its peak and an additional five full-time jobs after completion.

“This project is an example of how renewable energy projects can benefit both the environment and the local economy. It will not only keep waste from our landfills, but also provides opportunities to partner with other local businesses and industries,” Jeff Crawford, attorney general for the Forest County Potawatomi Community, told the Milwaukee Community Journal. “We hope that this project will allow others to see the many benefits that small-scale renewable energy projects can bring to communities.”

Beyond the renewable energy facility, the Tribe is also currently developing a $36 million data center on the Concordia Trust property on Milwaukee’s near west side and a copy50 million, 381-room hotel adjacent to Potawatomi Bingo Casino in the Menomonee Valley.

“The Forest County Potawatomi have called Milwaukee home for hundreds of years,” said Crawford. “We are proud of our ongoing investments in the area which help make Milwaukee, and Wisconsin, an even better place live and do business.”