News – Page 125 – Turtle Talk

Joint statement on progress of Tribal Consultation regarding Sand Creek Massacre Exhibit at History Colorado

June 20, 2013Matthew L.M. Fletcher

Joint statement on progress of Tribal Consultation regarding
Sand Creek Massacre Exhibit at History Colorado

DENVER — Wednesday, June 19, 2013 — A Tribal consultation convened with the assistance of the Colorado Commission of Indian Affairs at History Colorado, June 18-19, 2013, where official Tribal representatives from the Northern Cheyenne of Montana, the Northern Arapaho of Wyoming and the Cheyenne and Arapaho Tribes of Oklahoma, along with National Park Service Sand Creek Massacre National Historic Site and History Colorado officials, reviewed the History Colorado Center exhibit about the Sand Creek Massacre.

“The purpose of the Tribal consultation was to begin addressing concerns from the Tribes regarding the exhibit, as well as develop a plan for future relations between History Colorado and the Tribes. All of the participants agreed that this was an encouraging and productive meeting,” said Denver attorney Troy Eid, who mediated the consultation. Eid donated his time as a public service.

Participants agreed to meet again later this summer for further consultations regarding the exhibit and that the exhibit will remain closed during these ongoing Tribal consultations. The parties are also developing a joint Memorandum of Understanding (MOU) to guide their current and future relations. The purpose of the MOU will be to educate the public about the Cheyenne and Arapaho people and the Sand Creek Massacre and to prevent such tragedies from ever happening again.

Media may direct questions to Troy Eid at 303-572-6521 (office) or 303-918-6298 (cell), or email eidt@gtlaw.com.

Gov. Snyder Refuses to Concur with Interior on KBIC Off-Reservation Casino Application

June 19, 2013Matthew L.M. Fletcher

Here, via Pechanga.

This is interesting:

Governor Snyder did state that he was open to relocation as part of a broader agreement between the tribe and the state. Potential points for such an agreement include:

·         Allowing local governments to have some say in the disposition of the 2 percent local casino revenue sharing payments

·         The tribe entering into an agreement requiring the tribal businesses to collect tax on transactions with non-Native Americans

·         Working out a revised revenue sharing agreement so the tribe would continue to make some level of payments to the state, even if future gaming competition develops elsewhere in the state. Currently, the KBIC is the only tribe with gaming operations in the state that has an agreement that would stop revenue payments if state-authorized gaming was expanded in Michigan.

In a two-part determination, which allows the governor to concur or not, these points are irrelevant. However, in a compact negotiation, these points appear to put KBIC in a very strong negotiating position in that the governor’s demands appear to violate IGRA’s requirement that the governor negotiate in good faith. Asking for more revenue sharing without any meaningful economic concessions, and demanding tribal tax collection, and demanding the institution of a local revenue sharing board — way overboard, in my view. Will be interesting to see what KB does — go with the Secretarial procedures, or simply sue the governor under the 1993 compacts and litigate good faith.

Grand Canyon Skywalk Developer David Jin Dies of Cancer

June 17, 2013June 17, 2013Matthew L.M. Fletcher

Here.

Buy Indian Act, Final Rule

June 14, 2013Victoria Sweet

The Department of the Interior is finalizing regulations guiding implementation of the Buy Indian Act, which provides Indian Affairs (IA) with authority to set aside procurement contracts for Indian-owned and controlled businesses. This rule supplements the Federal Acquisition Regulation (FAR) and the Department of the Interior Acquisition Regulation (DIAR).

Federal Register here.

Press Coverage here.

BLT Coverage of Keith Harper Nomination

June 12, 2013Matthew L.M. Fletcher

Here.

President Obama Nominates Keith Harper as US Representative to UN Human Rights Council

June 11, 2013Matthew L.M. Fletcher

Keith M. Harper, Nominee for Representative of the United States to the United Nations Human Rights Council, with rank of Ambassador, Department of State

Keith M. Harper is a partner at the law firm of Kilpatrick Townsend & Stockton LLP, where he is chair of the Native American Practice Group. He currently serves as a Member on the President’s Commission on White House Fellowships. Prior to his current role, Mr. Harper was Senior Staff Attorney for the Native American Rights Fund from 1995 to 2006. From 2007 to 2008, he served as a Supreme Court Justice on the Supreme Court of the Poarch Band of Creek Indians, and from 2001 to 2007, he served as an Appellate Justice on the Mashantucket Pequot Tribal Court. From 1998 to 2001, he was an adjunct professor at the Catholic University of America Columbus School of Law, and from 1999 to 2001, he was a Professorial Lecturer at the American University Washington College of Law. Mr. Harper was a Law Clerk to the Honorable Lawrence W. Pierce on the Second Circuit of the United States Court of Appeals. He began his career as a Litigation Associate with Davis, Polk & Wardwell in New York. He is a member of the Cherokee Nation of Oklahoma. He received a B.A. from the University of California, Berkeley and a J.D. from New York University School of Law.

First Same Sex Couple Married at LTBB Invited to White House

June 10, 2013Victoria Sweet

Tim LaCroix and his longtime partner, Gene Barfield, will be guests of President Barack Obama on Thursday at a reception honoring LGBT Pride Month, MLive.com reportedtoday. LGBT stands for lesbian, gay, bisexual and transgender.

The men were married in March by the LittleTraverse Bay Bands of Odawa Indians, of which LaCroix is a member. Same-sex marriage is prohibited in Michigan, but federally recognized Native American tribes are self-governing and aren’t bound by state law.