Building Strong Sovereign Nations: Tribal Governance Training Conference, May 19-20

Here’s a reminder of the upcoming Tribal Governance Training Conference at Little River Casino & Resort next month. See the attachment for registration and accommodation information.

May 19, 12PM-5PM
History of Anishinaabek Tribes – John Petoskey
Tribal Council Roles & Responsibilities – Frank Ettawageshik

May 20, 8AM -12PM
Indian Child Welfare Act – Kate Fort & Emily Proctor
Indian Gaming in Michigan – Bill Brooks
Introduction to Tribal Justice Systems – Holly Thompson
Labor Relations & Tribal Businesses – Zeke Fletcher

BSSN Training Conference May 19-20

News Coverage on Michigan Gaming Proposals

From K’zoo Gazette, via Pechanga:

KALAMAZOO — A pair of proposals to expand gambling in Michigan would be bad for the state because they would strip away local residents’ ability to have a say in whether a casino is opened in their community, opponents say.

“We are working to preserve the right of each community to have a vote on gaming expansion,” James Nye, spokesman for Protect MI Vote, told the Kalamazoo Gazette’s Editorial Board on Tuesday.

Nye also serves as spokesman for the Gun Lake Tribe of Pottawatomi Indians, which is constructing the Gun Lake Casino in Wayland Township.

Daniel Adkins, spokesman for the pro-expansion group Racing to Save Michigan, said Nye’s arguments are undermined by the fact that Nye’s group receives money from casinos.

“The man’s goal is to make sure there is no competition. That’s the goal,” said Adkins, who is also vice president and chief operating officer of Hazel Park Harness Raceway.

A 2004 amendment to the state constitution requires that both state and local voter approval be given for any expansion of electronic gaming in Michigan. The requirement does not extend to casinos on tribal lands.

Adkins said he believes local residents would continue to have a say. Adkins’ group wants to allow casinos at five Michigan horse racing tracks, and at three other locations.

The other pro-expansion group, Michigan is Yours, proposes seven casinos in communities that have expressed interest, such as Muskegon, Lansing and Benton Harbor, said group member Trevor Sarter.

“We didn’t want it to be a situation where we are trying to push this down anyone’s throat,” Sarter said.

The groups need to collect more than 380,000 valid signatures by early July to get their measures on the November ballot.

A Note on Judge Bybee’s Dissent in Rincon Band

Judge Bybee dissent in Rincon Band is not a very good example of legal scholarship (not that it has to be, since he’s a judge, not a law professor), but one potential problem is that he resorts to the “parade of horribles” argument at the very end:

The majority’s legal errors carry grave–and widespread–practical repercussions. The majority’s decision will call into question Tribal-State gaming compacts not just in cash-strapped California, * * * but throughout the country. The Second Circuit has never addressed a legal challenge to the Connecticut compacts governing the behemoth Foxwoods and Mohegan Sun Casinos, but the majority decision here will inevitably spur such challenges in Connecticut and in New York. The Sixth, Tenth, and Eleventh Circuits have yet to consider the validity of general revenue sharing under IGRA, but it can be reasonably be expected that district court clerks in Michigan, New Mexico, Oklahoma, and Florida will be docketing challenges sometime soon. These lawsuits * * * will eat up State, tribal, and federal resources and will unsettle dozens of mutually beneficial revenue-sharing provisions that have fed both tribal coffers and revenue-hungry state treasuries.

So many points, but here are a few. (1) At least in regards to the 1993 compacts in Michigan, it won’t happen. Those compacts came about as a result of a negotiated settlement and consent decree. (2) This is a pretty crass effort to get an issue on the Supreme Court’s radar, where there are no other splits in authority because states simply have not waived their 11th Amendment immunity. (3) How many times in one paragraph can one assert that states are desperate for tribal gaming revenues (implying, I think, that the judge thinks states are entitled to them)?

If, and it’s a huge if, another circuit decides a revenue sharing case, and that decision rejects the Rincon Band majority’s reasoning, then it will be a matter for the Supreme Court. Not before.

Mark Trahant on Detroit’s Indian Health Clinic…

And our own Jerilyn Church, ILPC’s former program director!

Here:

DETROIT – It’s hard to communicate the failure of public policy in this great American city (especially in a few hundred words). A drive around town highlights the consequences from decades of neglect: Abandoned and burned out homes, office buildings as ruins (and dangerous playgrounds), near-permanent unemployment, and thousands of empty lots capped with mounds. These mounds are burial sites of sorts because when a building was destroyed the rubble was left in a pile until time and grass shaped each into a small hill.

Yet the geography of despair includes many seeds of hope.

One east side neighborhood is transformed by inspiring folk art that brings humor and zest to several city blocks through The Heidelberg Project. Or there is the Community Health Awareness Group’s efforts to exchange needles so that drug users on the streets won’t as easily share disease. The program resulted in a drop of HIV infections from drug users from 33 percent to 17 percent. (And that, too, is the paradox because while an exchange is effective, it’s also difficult to fund). Then there’s the Earthworks Urban Farm. Detroit is a city without large chain grocery stores – only discount stores and “party stores,” or neighborhood enterprises that sell more liquor than protein. Access to fresh fruit and vegetables is a regular barrier for a family trying to eat healthier. But at Earthworks more people – at least in this one neighborhood – are growing their own access to healthy foods.

The trip was a Kaiser Family Foundation site visit for media fellows. We looked at Detroit and its health system in depth. Before the trip, I expected the unfamiliar, an urban landscape that was different and bleak. But I quickly found there is a connection with the policy failures found here with those from Indian Country. At the end of that rope: Deep, structural poverty and a health system where disparity is dismissed casually, as if it’s a fact that must be. To me that reflects a serious shortage of money from the state and federal governments – and just as important – a policy deficit where ideas, innovation and execution don’t get the support that’s needed.

Consider the tale of two clinics.

American Indian Health and Family Services helps the 57,000 Native Americans living in the greater Detroit area. Services are delivered at an old church and rectory donated by the Detroit Archdiocese in 1993. Jerilyn Church is the executive director of AIHFS. She’s Minnecoujou Lakota, born and raised on the Cheyenne River Sioux reservation in South Dakota. When she moved to Detroit she says she “wasn’t prepared” for the same type of unemployment as back home on the reservation.

“Yet despite our surroundings, we get a lot done with little resources,” Church says. “We could write a book about it.”

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MSU Indigenous Law and Policy Center Alumni Reunion Event — April 21 @ 3PM

Supreme Court Nominee Shortlist Part 2 — Gov. Jennifer Granholm & Harold Koh

This edition of our review of the Supreme Court nominee shortlist is short (because I’m on my way to a faculty meeting) — and is just two persons, neither of whom is a sitting judge making the objective judgment that much harder. Part I is here.

4. Gov. Jennifer Granholm

We got excited about her a year ago when some excitable people in Lansing heard she was going to D.C. for a high-level, public appearance with President Obama (turned out to be something else related to the auto industry).

Gov. Granholm has been the governor of the State of Michigan for nearly two full terms.

She has signed the following agreements with Michigan tribes:

And issued an executive directive on inter-governmental relations with Indian tribes in 2004.

Her administration has negotiated and signed several Class III gaming compacts (LTBB, Gun Lake, and LRB, to name a few), as well as a few off-reservation gaming agreements couched as land claims settlements (BMIC and Sault Tribe).

In short, a long record with dealing in Indian affairs in Michigan. Some say she’s only interested in tribes as a cash cow. Some say she’s outstanding. Some say both (like me).

5. Harold Honju Koh, Legal Advisor to the Secretary of State

As far as I can tell, he has no Indian law experience at all, save one case — a NAFTA arbitration involving a claim by Six Nations Grand River Enterprises, a Indian-owned enterprise located in Ontario that does business importing smokes into Indian Country. Koh gave the opening argument in the arbitration. His comments are not yet public, though will be eventually. But the gist is that the Obama Administration is committed to tribal sovereignty, except in regards to the exercise of tribal sovereignty to sell tobacco (something observers of the PACT Act already knew).

More to come.

Gaming Finances Mismanagement Investigation at LTBB

From the Petoskey News-Review via Pechanga:

The Little Traverse Bay Bands of Odawa Indians’ Gaming Board of Directors is under investigation by tribal police for alleged financial mismanagement.

In the April 2010 issue of “Odawa Trails,” the tribe’s monthly newsletter, tribal chairman Ken Harrington informs tribal citizens that, as a result of a recent ethics complaint filed by a tribal citizen, who was not named, the gaming board of directors is currently under investigation.

Harrington’s letter states: “Tribal police investigated, a warrant was issued and the tribal police acted on the warrant and seized the (gaming board’s) phones and computers.”

Harrington also reported in this letter, that after recently issuing an executive order to have the gaming board’s finances moved to the tribal government building, financial issues were discovered.

“It became apparent the (gaming board’s) budget was $20,000 over and overpayment of stipends became evident.”

Matthew Lesky, tribal prosecutor, confirmed to the New-Review Monday, during a phone interview, that the gaming board, in fact, is under investigation by tribal police for what he described as “financial management” issues.

As of press time today, Tuesday, no charges had yet been filed against the gaming board of directors in tribal court.

According to confidential tribal documents recently provided to the News-Review, it is alleged that on Jan. 25, the three remaining members of the gaming board of directors — Carol McFall, chairperson; Judith Pierzynowski, vice chairperson; and Sheran Patton, treasurer/secretary — acted outside its authority by terminating Denise White, director of human resources for the tribe, and approving a $53,000 severance check to her the following day (Jan. 26), which was stopped shortly after its issuance.

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Michigan Daily: Indians and Profs Discuss New NAGPRA Regs

From the Michigan Daily:

About 40 people met in East Hall Friday to participate in a roundtable discussion of the new regulations of the Native American Grave Protection and Repatriation Act and the effects it will have on the repatriation process of culturally unidentifiable remains currently in the University’s possession.

NAGPRA — a federal law that has been in place since 1990 — requires museums to maintain lists of Native American artifacts in their possession, make those inventories available to the public and work with tribes to repatriate the artifacts.

Last month, a NAGPRA committee approved changes to the act that require museums — including the University’s Museum of Anthropology, which currently holds about 1,400 culturally unidentifiable remains — to consult with tribes from the areas where the culturally unidentifiable remains were exhumed and ultimately to return the remains.

The roundtable was hosted by the Ethnography-As-Activism Workgroup, a group comprised mostly of University graduate students that is part of the Rackham Interdisciplinary Workgroup program and is committed to using ethnography to promote activism.

The discussion, which coincided with the annual Dance For Mother Earth Powwow that was held over the weekend at Saline Middle School, aimed to focus on how the University will implement the new NAGPRA regulations, which go into effect next month.

Representatives from several tribes from across the state received a rousing applause from the group as they spoke passionately about the importance of having the remains currently in the University’s possession repatriated.

“It’s easy. Right is right. Wrong is wrong. Immoral is immoral,” one of the representatives said. “The law is on the side of (our) grandparents who lie in cardboard boxes. That’s where the spirit of that law is. Nobody else. This is why the Indian people of this state are alienated from this University — because of that single issue that the University is unwilling to discuss it with any of us.”

In addition the representatives, Toni Antonucci, chair of the University’s Advisory Committee on Culturally Unidentifiable Human Remains under NAGPRA, Wenona Singel, associate director of the Indigenous Law and Policy Center at Michigan State University and University of Michigan Anthropology Prof. Stuart Kirsch each gave short presentations and helped facilitate a group discussion afterward.

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38th Ann Arbor Powwow News Coverage

From Ann Arbor.com:

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Native American dancers become a swirl of light and colors as they make their way onto the Saline Middle School’s gymnasium floor.

Lon Horwedel | AnnArbor.com

Freep Editorial on the Kennecott Mine and Its Impact on Indian Sacred Sites

From the Freep:

UP mine threatens sacred tribal rights

BY JESSICA L. KOSKI

For far too long, the voices of affected and concerned Ojibwa people have been ignored in the midst of Kennecott’s proposed Eagle Mine in Michigan’s Upper Peninsula.

I am a member of the Keweenaw Bay Indian Community, and we did not invite Kennecott, a subsidiary of multinational mining giant Rio Tinto, to come into our ceded homelands and reservation territory to explore for minerals, blast into our sacred site, and leave behind a dying legacy of colonialism.

Indigenous peoples throughout the world are on the front lines of similar pressures to develop resources within their homelands, with little regard for their aboriginal rights. There is little mainstream media attention bringing awareness to these issues, despite a global movement for indigenous rights and numerous case studies on the impacts of mining and other extractive industries on indigenous communities.

In addition to the proposed Eagle Mine, Rio Tinto’s intentions to open up six additional mine sites, and increasing mineral exploration throughout the entire Lake Superior basin, are threatening Ojibwa treaty rights. Through treaties with the federal government, Ojibwa leaders ensured permanent reservations and retained rights to hunt, fish and gather on ceded lands. If the water and land are polluted from harmful mining, how will our treaty rights and cultural values be honored and continue into the future?

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