Legislation

Skagit County GOP Makes Stealth Attack on Tribal Sovereignty

Ann Tweedy2 Comments

The Skagit County GOP (of Washington State) has again issued a platform calling for serious infringement of tribal sovereignty. This is a less obviously anti-Indian platform than the 2000 version that was eventually passed at the state level, but its effects–having the DOI guarantee representation of non-Indians in tribal governments–would be similar.

Here’s a well-researched bulletin on the subject from Borderlands Research and Education: Bulletin – 2012 Skagit GOP Plank

And the platform itself is located on page 3 of this document: Skagit GOP Platform 2012

Prepared Witness Testimony in SCIA Oversight Hearing on the Trust Responsibility

Matthew L.M. Fletcher

Here:

Panel #  1

Ms. Melody McCoy
Staff Attorney
Native American Rights Fund, Boulder, CO

Mr. Matthew L. M. Fletcher
Professor of Law and Director of the Indigenous Law and Policy Center
Michigan State University College of Law, East Lansing, MI

Mr. Daniel Rey-Bear
Partner
Nordhaus Law Firm, LLP, Albuquerque, NM

Panel #  2

Mr. Ray Halbritter
Nation Representative
Oneida Indian Nation, Verona, NY

The Honorable Fawn Sharp
President
Quinault Indian Nation, Taholah, WA

The Honorable Brooklyn D. Baptiste
Vice-Chairman
Nez Perce Tribe, Lapwai, ID

I don’t see Jicarilla’s testimony here.

Native American Mascots Banned in Oregon Public Schools

Adrea Korthase

First part of the article from the Oregonian:

The Oregon Board of Education voted Thursday afternoon to ban Native American mascots in schools across the state. The policy, which represents one of the toughest stances on the issue nationwide, was passed on a vote of 5-1.

“There’s a collective right that exists here,” said board member Artemio Paz. These sorts of mascots produce “racism and unnecessary bullying. We do not allow that to exist for any of our populations.”

All told it will affect at least 15 Oregon schools. Some schools will have to change both their mascots and their nicknames. Others, who call themselves “warriors,” will be allowed to keep their names but must change their mascots. The schools will have to make the changes by July 2017 or risk losing state funding.

Previous post is here.

House Barely Passes VAWA Reauthorization (without Tribal jurisdiction provisions)

Matthew L.M. Fletcher4 Comments

Here.

HEARTH Act Update

Matthew L.M. Fletcher

The HEARTH Act passed the House 400 to zero on May 15. Here is NCAI’s description:

The HEARTH Act (H.R. 205 and S. 703) has been favorably considered in committee in both the Senate and the House, and we urge the Administration to work with Congress to pass the legislation as soon as possible. The HEARTH Act promotes tribal self-determination in the management of tribal lands and would allow tribes to lease their own lands without the delay and bureaucracy of approval within the BIA. The legislation is also optional; each tribe would decide for itself whether or not to take advantage of the Act. Many tribes desire to manage their own lands and to promote economic development, and they are in the best position to decide for themselves whether this Act suits their needs. The Act expands the Navajo Leasing Act of 2000 (P.L. 106-568) to all federally recognized tribes.

Additional VAWA Reauthorization Materials

Matthew L.M. Fletcher2 Comments

Here is the Administration’s policy statement on the VAWA reauthorization, largely opposition to the House version.

And here is the House Judiciary Committee Report on the H.R. 4970, VAWA Reauthorization (HRPT-112-HR4970cj).  According to the Report, “The justification for why these [tribal] provisions are necessary is also questionable. Proponents of these provisions tout unverifiable statistics about the rate of non-Indian violence against Indian women on Indian land…”

VAWA Reauthorization Bill to be Considered by Rules Committee Today at 5PM

Matthew L.M. Fletcher1 Comment

Here is the House Bill:

BILLS-112-HR4970RH

H.R. 4970, the VAWA reauthorization bill will be considered by the Rules Committee today at 5pm.  The hearing can be viewed at: http://rules.house.gov/Legislation/hearings_details.aspx?NewsID=834

Instead of the three tribal provisions in S. 1925 that would:

  • Provide Indian tribes criminal jurisdiction over domestic violence, dating violence, and violations of protective orders that occur on Indian lands;
  • Provide Indian courts civil jurisdiction to issue and enforce protection orders. Excludes Indian courts in Alaska from that jurisdiction, except with respect to the Metlakatla Indian Community, Annette Islands Reserve.
  • Amend the federal criminal code to increase the maximum federal penalties for assault convictions.

H.R. 4970 (above) instead includes section 905 that authorizes and encourages the Attorney General to appoint U.S. Attorney Tribal Liaisons in each judicial district that includes Indian Country to serve a domestic violence tribal liaison.  The duties of the tribal liaison include:

  • Encouraging and assisting in arrests and Federal prosecution for crimes, including misdemeanor crimes, of domestic violence, dating violence, sexual assault, and stalking that occur in Indian country.
  • Conducting training sessions for tribal law enforcement officers and other individuals and entities responsible for responding to crimes in Indian country to ensure that such officers, individuals, and entities understand their arrest authority over non-Indian offenders.
  • Developing multidisciplinary teams to combat domestic and sexual violence offenses against Indians by non-Indians.
  • Consulting and coordinating with tribal justice officials and victims’ advocates to address any backlog in the prosecution of crimes, including misdemeanor crimes, of domestic violence, dating violence, sexual assault, and stalking that occur in Indian country.
  • Developing working relationships and maintaining communication with tribal leaders, tribal community and victims’ advocates, and tribal justice officials to gather information from, and share appropriate information with, tribal justice officials.

VAWA’s Tribal Provisions Better Protect Native Women Locally

Kirsten Matoy Carlson1 Comment

On May 8th, the House Judiciary Committee marked up and passed H.R. 4970, a stripped-down Violence Against Women Reauthorization Act (VAWA) that excludes a number of key provisions found in the Senate bill, including those bearing on the safety of Native women and communities. Get informed! Visit www.indianlaw.org for more information on how to get involved.

The full House of Representatives is expected to vote on its VAWA reauthorization bill soon — as early as mid week.

KG Urban Reply Brief in First Circuit Appeal

Matthew L.M. Fletcher

Here:

KG Urban Reply Brief