Indian Affairs Budget Chapters

Here:

2016_Indian Affairs Budget Request

2016_Tribal_Nations Budget

Anadarko Petroleum Wins Indian (sorta) Tax Case in Utah SCT

Here is the opinion in Anadarko Petroleum Corp. v. Utah State Tax Commission:

Anadarko150130

An excerpt:

This is a tax case that comes before us on appeal from a formal decision of the Utah State Tax Commission (Commission). Utah law imposes a severance tax on owners of oil and gas interests. The tax rate an owner must pay depends on the fair market value of the owner‟s interest. The question presented in this case concerns how the value of such an interest is to be calculated. Petitioners Anadarko Petroleum Corporation and Kerr-McGee Oil & Gas Onshore L.P. (collectively Anadarko) argue that the Commission improperly disallowed deductions they made for tax-exempt federal, state, and Indian tribe royalty interests. Based on the plain meaning and structure of the severance tax statute, we agree and reverse the Commission‟s determination.

Federal Court Orders Exhaustion of Tribal Remedies in Claim against Western Sky-Related Lenders

Here are the materials in Brown v. Western Sky Financial LLC (M.D. N.C.):

92 Payday Financial Motion to Dismiss

94 Cashcall Omnibus Motion to Dismiss

97 Brown Response to Payday Financial

100 Brown Response to Omnibus Motion

102 Reply in Support of Omnibus Motion

103 Reply in Support of Payday Financial Motion

116 DCT Order on Exhaustion

An excerpt:

For the reasons described in detail in this Memorandum Opinion and in order to ensure that this matter is before the proper tribunal, this court finds most persuasive the cases holding tribal court exhaustion appropriate on the threshold issue of tribal court jurisdiction. Therefore, Defendants’ Motion to Dismiss for Lack of Personal Jurisdiction (Doc. 91) will be denied without prejudice pending the determination of tribal court jurisdiction. Defendants’ Omnibus Motion (Doc. 93) will be granted in part in light of this court dismissing current proceedings without prejudice pending tribal court exhaustion and denied in part in that this court will not compel arbitration at this time.

We posted on this case a while back here.

 

Grand Forks High School Eagle Feather Graduation Policy Decision

Here are the materials — a big win!

Eagle Feather Packet

Superintendent Nybladh Eagle Feather Decision

Siletz Tribe takes issue with article in The Economist based on flawed study

Tribe takes issue with article in The Economist based on flawed study
In 2014 alone – $808,225 in higher education and adult vocational grants, $400,000 in out-of-area health care payments, $1,324,711 to Tribal Elders individually and to Elders programs designed to “increase overall Tribal health and educational attainment and to ameliorate the negative effects of termination…”
These are just a few of the items toward which the Confederated Tribes of Siletz Indians put gaming funds in 2014, in addition to the per capita payment of $1,200 to Tribal members.
Receiving a payment of about $1,000 annually – that isn’t already dedicated to rent or mortgage, electric bills or the like – is a great benefit to Tribal members, but it certainly isn’t enough to quit your job and start loafing, no matter how attractive “sloth” may seem.
On Jan. 12-13, a reporter from The Economist magazine visited the Siletz Tribe and the community of Siletz ostensibly to gather information for a story on how casinos benefit Tribes.
On Jan. 15, an article appeared on The Economist’s website under the headline, “Of Slots and Sloth: How Cash from Casinos Makes Native Americans Poorer.”
The article relied on generalizations, anecdotes and one “study” of Northwest Tribes by a private attorney published in a student-run law review (Sovereignty, Economic Development and Human Security in Native American Nations by W. Gregory Guedel, published in the American Indian Law Journal).
That law review article drew a straight line from casino profits and per capita payments to poverty without identifying any other factors that could contribute to poverty.
Shawn Fremsted, a senior fellow with the Center for American Progress and a senior research associate with the Center for Economic and Policy Research, and Erik Stegman, an expert in American Indian and Alaska Native policy at the Center for American Progress, have criticized The Economist’s reliance on the law review article, stating, “In short, the study is absolutely useless in terms of providing meaningful evidence to support The Economist’s claim.”
Siletz Tribal Chairman Delores Pigsley pointed out that the law review article relied on faulty assumptions and mistakes of fact.
“One of the biggest problems is that the study includes ‘on-reservation population and poverty statistics,’ but the reporter presented these statistics as representative of the entire Tribe. No Tribe has all of its members living on the reservation,” said Pigsley.
The article states there are 2,452 Tribal members living on the reservation. Tribal data shows there are only 582. The Tribe has 4,984 enrolled Tribal members and only 1,188 live in the two counties where a casino employment commute would be practical.
The study included only 24 Tribes, .096 percent of the 250 Tribes with casinos. Not enough Tribes took part in this study to label all Native Americans as poorer because of casinos, as indicated in the headline of the article.
The Economist article also stated, “After the Supreme Court ruled in 1987 that Native American Tribes, being sovereign, could not be barred from allowing gambling, casinos began popping up on reservations everywhere.”
In reality, Tribes can have casinos only in states that already have some form of gambling. The report cited by the reporter says that 250 tribes (44 percent of the 566 federally recognized Tribes) have casinos in 28 states (56 percent of available states).
The reporter also wrote that, “… the biggest problem may be the way casino profits are sometimes disbursed … Per capita payments range from as little as a few hundred dollars a year to more than $100,000.”
Yet the reporter cites just one statistic on per capita payments, the one for the Siletz Tribe, and provides no information on other Tribes’ payments.
The reporter failed to mention any of the details provided by Tribal staff during a 30-minute interview, including how the Tribe uses the remaining 60 percent of gaming profits.
These include economic development funds, health care (medical, dental, optical), education scholarships, transportation, Elders social and recreational activities, Tribal language instruction and Tribal culture and history programs.
The reporter provided no information on the Tribe’s economic diversification efforts. The Siletz Tribe has RV parks, in Lincoln City and Salem; and several buildings that rent space to business tenants in Lincoln City, Depoe Bay, Portland, Salem and Eugene, plus an industrial property in Toledo. This information is contained in publications provided to the reporter.
Tribal members and the wider community also benefit from other resources gaming has made available, including more than $9 million distributed by the Siletz Tribal Charitable Contribution Fund. Overall, the Tribe has distributed more than $11.4 million through the charitable fund and other Tribal resources.
After reading The Economist article, the Tribe can only conclude that this reporter came to Siletz with a headline already in mind and was only looking for interviewees who would provide statements that support that story.
She apparently thought she found it in the two individuals she quoted – one of whom works and one who doesn’t – and in citing a “study” that appears to be as flawed in its “facts” as her article.

Kyle Whyte on Food Justice and Collective Food Relations

Kyle Whyte has posted his paper, “Food Justice and Collective Food Relations,” on SSRN.

Here is the abstract:

Food justice is commonly understood as the norm that everyone should have access to safe, healthy and culturally-appropriate foods no matter one’s national origin, economic statuses, social identities, cultural membership, or disability. A second dimension of food justice, as commonly understood, is the norm that everyone who works within a food system, from restaurant servers to farm workers, should be paid livable and fair wages and work in safe conditions no matter one’s national origin, economic statuses, social identities, cultural membership, or disability. Another dimension of food justice, which is found in the words and writing of advocates but is perhaps less commonly appreciated, is that food justice should account for the value of food in relation to the self-determination of human groups such as urban communities of color, Indigenous peoples and migrant farmworkers, among many other groups. Reflecting on the claims of food justice advocates, my goal in this essay is to outline a norm of food justice that is based on the value of food in relation to the self-determination of human groups. In the essay, I begin by describing the first two dimensions of food justice; I then discuss the role of food in collective self-determination and introduce the idea of collective food relations, discussing in particular the role of manoomin (wild rice) in the collective self-determination of the Anishinaabek in the Great Lakes region; I then explain how disrupting collective food relations can be a form of food injustice; lastly, I discuss some specific further examples that illustrate these ideas.

“An Annotated Timeline of the Navajo Presidential Election Dispute”

From Paul Spruhan on SSRN.

Indian Law Jobs in New Mexico Bar Bulletin

Here.

I saw postings for an Isleta Pueblo judge and a Jicarilla water law attorney.

News Profile of Rob Porter and the First Tribal Marijuana Conference

Here is “Seneca lawyer sponsors conference to tap into legal marijuana sales.”

Fourth Circuit Dismisses Yamassee Indian Tribe’s Pro Se Land Claims

Here are the materials in Yamassee Indian Tribe v. Allendale County Government:

Allendale County Brief

CA4 Order

Yamassee Brief

Brantley Brief