Download decision from the Office of Disability Adjudication and Review here.
The Social Security Administration argued a Pueblo Pojoaque member was overpaid social security income benefits because she did not claim an elder stipend for years 2012 and 2013. The ALJ held the Tribal General Welfare Exclusion Act of 2014, which excludes a tribal member’s benefits from tribal welfare programs, was retroactive to its signing by three years.
The Nebraska State Bar Indian Law Section will be hosting an Indian Law CLE that will focus on Indian Law 101 information for jurisdiction, ICWA, and tribal court practice.
The CLE will be webcast, so other attorneys from other states can register and gain CLE credit.
Fast-track registration opens May 25, applications close June 24
WASHINGTON D.C. – Class counsel in the Keepseagle v. Vilsack settlement today announced details about the Native American Agricultural Fast Track Fund (NAAFTF), a one-time distribution of $38 million in settlement funds. Awards from this fund will be made on a competitive basis to non-profit organizations, tribal programs and educational institutions which provide agricultural, business, technical or advocacy services to existing and aspiring Native American farmers and ranchers.
“Among the far-reaching benefits of the Keepseagle settlement is the means for organizations which have a track record of supporting Native American farmers and ranchers to deliver valuable assistance to promote their continued engagement in agriculture — an important component of the economy in Indian Country,” said Joseph M. Sellers, lead counsel for the plaintiff class. “The Fast Track Fund will make vital resources available to these important efforts by the end of this year.”
The NAAFTF award process begins with a one-month period for letters of intent applications to be submitted to determine eligibility (after review, eligible applicants will be invited to submit full proposals). This first step starts May 25 at 12:00 p.m. MDT, when registration, application materials, and further process details and a timeline are made available at http://www.indianfarmclass.com/NAAFTF.aspx. An applicant must submit a letter-of-intent application no later than Friday, June 24, 2016, by 5:00 p.m. MDT. Technical assistance relating strictly to the application process will be available by dedicated phone and email contacts.
To be eligible, an applicant organization must document that it provided agricultural, business, technical or advocacy services to Native American farmers or ranchers between January 1, 1981, and November 1, 2010; is based in the United States; and is one of the following:
An applicant organization must propose its use of award funds to provide assistance designed to further Native American farming or ranching activities. Litigation, lobbying or political activities will not be eligible for funding.
The letter-of-intent application must include a description of the applicant organization, demonstrate eligibility through required documentation of a tribal or board resolution, the purpose for which funding is being sought, the applicant organization’s total annual operating budget, total project costs (if applicable), and requested amount.
An advisory committee will review the letters-of-intent applications and issue an invitation to selected organizations for full proposals on July 28, 2016.
The process will be managed under the supervision of class counsel by Echo Hawk Consulting. Class counsel will make recommendations to the Court, based on input from the Advisory Committee. The Advisory Committee is comprised of six individuals with experience and expertise in the fields of Native American farming, ranching and philanthropy.All awards are subject to Court approval. Awards will range in size depending on an organization’s or tribe’s budget, focus and scope. NAAFTF will consider as well applications from intermediary organizations having existing, relevant grant programs which can be expanded through awards.
Background
On April 20, 2016, the U.S. District Court for the District of Columbia approved a modification to the Keepseagle settlement agreement, which included a process for the distribution of funds to cy pres beneficiaries. The modification to the settlement also provides for additional damage awards to be paid to prevailing claimants. The remaining funds, approximately $265 million, will go to a Trust that will distribute funds at the direction of an independent board of trustees for up to 20 years. NAAFTF is separate from the Trust, and is designed to ensure that a substantial portion of the remaining funds are distributed to qualifying organizations much more quickly than the Trust will be able to begin making grants.
NAAFTF was created to make awards to such organizations already involved in supporting Native American ranchers and farmers before the original Keepseagle settlement was agreed to in 2010.
The Court’s order is open to appeal through June 20, 2016. If an appeal is filed, the grant process will be suspended until a decision on the appeal is rendered.
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Contact: Crystal Echo Hawk
Echo Hawk Consulting
crystal@echohawkconsulting.com
720.891.9118
About Echo Hawk Consulting
Echo Hawk Consulting offers expert services in philanthropic giving, policy development, issues analysis, executive nonprofit leadership, program design, fundraising, and marketing to tribes, grant makers, businesses, nonprofit organizations and philanthropic individuals focused on strategic growth, social change, and investment in Indian Country. For more information visit: www.echohawkconsulting.com
Agua Caliente Band of Cahuilla Indians Reservation Coachella Valley, California
This national conference provides opportunities for tribal, state, and federal participants to share knowledge, experiences, and ideas for developing and improving strategies and programs that serve the unique needs of crime victims in Indian Country. For information on previous conferences see www.OVCINC.org.
Questions:
Tribal Law and Policy Institute
P: 323-650-5467 ~ F: 323-650-8149
Email: Conference@TLPI.org
Conference Website: www.OVCINC.org
Registration Packets will be available in early summer 2016
Call for Presentations available here.
Formal Justice Department Conference Approval Pending.
We invited graduates and their friends and family on Thursday to a lunch at the College of Law to celebrate their achievements.
We also congratulate those Center graduates who weren’t present: Corrinna Bailey, Chantelle Dial, and Michael Hollowell.
Do you know a student that will be in D.C. to intern or clerk at an organization or firm that works in Indian law and policy? If so, please encourage them to sign up for the NABA-DC Brown Bag Series and Mentorship Program!
Interns sign up here: http://goo.gl/forms/EGUKmk6Zte
If you are an attorney and would like to sign up as a mentor, click here: http://goo.gl/forms/1c0r6VP8Ld
Brownbag Program: Every year, the Native American Bar Association of Washington, D.C. (NABA-DC) organizes events for summer interns working in the field of Indian law and policy. Events include brownbags lunches at government agencies, law firms, and non-profit organizations, as well as happy hours and a summer picnic. The Brownbags are a wonderful opportunity for interns to network with fellow interns and potential employers.
If you have any questions about the Brownbag lunch series please contact nabadcbrownbag@gmail.com.
Mentorship Program: NABA-DC also coordinates a Mentorship Program each summer to give legal interns working in Indian law a personal networking experience. Interns are matched with professionals working in Washington D.C., with efforts made to find mentors who are working in the same fields the interns wish to enter, enriching the interns’ educational experience in D.C. and connecting practitioners with the next generation of Native leaders.
If you have any questions about the NABA-DC mentorship program, please contact nabadcmentorship@gmail.com.
NCADV Now Accepting Workshop Proposals for NCADV’s 2016 National Conference on Domestic Violence: Voices United
The deadline for workshop submissions is Friday, June 3rd, 2016.
Voices United will bring together experts in domestic violence from across the nation to address various issues that intersect. Topics will include, but are not limited to: advanced victim advocacy, system response, best practices in victim service delivery, institutionalized systems as well as emerging issues such as the intersection between guns and domestic violence. Exceptional and inspirational speakers and panels are already being confirmed.
This conference seeks to commission victims, survivors, advocates and other experts in the field to lift and empower voices of victims and survivors, and inspire action toward a culture with zero tolerance for domestic violence.
October 23-26,2016
Chandler, Arizona
Download flyer here.
Link to article here.
Citation and abstract:
Croman, K. S., & Taylor, J. B. (2016). Why beggar thy Indian neighbor? The case for tribal primacy in taxation in Indian country. Joint Occasional Papers on Native Affairs (JOPNA 2016-1). Tucson, AZ and Cambridge, MA: Native Nations Institute and Harvard Project on American Indian Economic Development.
The law governing taxation in Indian country is a mess. The accretion of common law precedents and the general tendency of states to assert primacy over the taxation of non-Indians create absurd outcomes. This article makes the case three ways. The argument based on the law shows that particularized, fact-specific precedents create a thicket of rulings that impede business development. The argument based on facts shows that these impediments to economic development harm not only tribal economies, but state and local economies, too. And the argument based on just claims testifies to the fact that the current arrangement could hardly have emerged from the actions of willing and informed governments operating in good faith. To borrow from Adam Smith, states beggar their Indian neighbors, seeking fiscal gain to the tribes’ detriment and, ultimately, their own. We conclude by recommending actions to bring fairness and certainty to the law governing taxation in Indian country.
This position will provide legal counsel to Central Council Tlingit & Haida Indian Tribes of Alaska (CCTHITA) in the areas of tribal government, federal-tribal relations, jurisdiction issues, environmental and natural resources law and policy, economic development, tribal business enterprise, and employment issues.
General Counsel (Office of the President) – Juneau; $67,455 – $94,621Please visit www.ccthita.org<http://www.ccthita.org> for more information. A complete application packet MUST include: cover letter, employment application and resume. Submit to CCTHITA ~ HR Department, 320 W. Willoughby Ave., Juneau, AK 99801. Tele: 907/463-7106 or Fax: 888.510.3816. Closing Date: Close of Business – 4:30 pm, May 31, 2016
Turtle Talk 
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