NBC News Coverage of Little Traverse Same-Sex Marriage Ceremony

Here.

United States to Assert Concurrent Criminal Jurisdiction over White Earth Reservation

First Assumption of Federal Jurisdiction Under Historic Tribal Law and Order Act
The Department of Justice has granted a request by the White Earth Nation for the United States to assume concurrent criminal jurisdiction on the 1,300 square mile White Earth reservation in northern Minnesota, Deputy Attorney General James M. Cole announced today.
The decision was the first action of its kind under the landmark Tribal Law and Order Act of 2010 (TLOA), which granted the Justice Department discretion to accept concurrent federal jurisdiction to prosecute major crimes within areas of Indian country that are also subject to state criminal jurisdiction under Public Law 280. Public Law 280 is the 1953 law that mandated the transfer of federal law enforcement jurisdiction for certain tribes to six states, including Minnesota. The decision, relayed yesterday in a letter to the tribe signed by Deputy Attorney General Cole, will take effect on June 1, 2013. Tribal, state, and county prosecutors and law enforcement agencies will also continue to have criminal jurisdiction on the reservation.
“Our goal in granting this request is to strengthen public safety and security for the people of White Earth,” said Deputy Attorney General Cole. “We look forward to partnering with the tribe and our state and local counterparts to support White Earth in ensuring justice on the reservation.”
“The public safety challenges facing our tribal communities are serious and complex,” said U.S. Attorney for the District of Minnesota B. Todd Jones. “The United States Attorney’s Office will continue working closely and collaboratively with our tribal and local partners towards our common goal – improving public safety. It is our hope that with the additional jurisdiction, our Office will be able to support our tribal and county partners for the benefit of all communities.”
The Department of Justice already has jurisdiction to prosecute crimes such as drug trafficking and financial crimes wherever they occur in the United States – including on the White Earth reservation. The change announced today will expand this existing jurisdiction on the reservation to allow federal prosecution of major crimes such as murder, rape, felony assault and felony child abuse.
The decision followed careful consideration of the request and information provided by the White Earth Nation, as well as by the Justice Department’s Office of Tribal Justice, the Executive Office for United States Attorneys, the U.S. Attorney’s Office for the District of Minnesota, the FBI, the U.S. District Court, state and local law enforcement partners and other sources.
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Office of Public Affairs

Atlantic.com Profile of Niijii Radio

Here.

LTBB Chairman Dexter McNamara to Sign Tribal Wedding Ordinance; Officiate Wedding

Here. H/T Pechanga.

Sen. Feinstein Introduces Tribal Gaming Eligibility Act

Congressional Record link here. Bill text not yet available.

By Mrs. FEINSTEIN:

S. 477. A bill to amend the Indian Gaming Regulatory Act to modify a provision relating to gaming on land acquired after October 17, 1988; to the Committee on Indian Affairs.

Mrs. FEINSTEIN. Mr. President, I rise today to reintroduce the Tribal Gaming Eligibility Act.

This bill sets forth what I believe is a very reasonable, moderate standard for where tribes are allowed to open gaming establishments.

The standard is simple: a tribe must demonstrate that it has a modern and an aboriginal connection to the land before it can open a gaming establishment on it. Continue reading

Brian Pierson on Wisconsin Indian Treaty Rights and Proposed Mining Activities

Here.

An excerpt:

The Wisconsin Legislature has approved amendments to Wisconsin law intended to pave the way for Gogebic Taconite to mine iron ore in the Penokee Hills of Ashland County. Wisconsin’s tribes have been outspoken in their opposition. The Bad River Chippewa, whose reservation lies directly in the path of any mine runoff, has been especially vocal.

The six Chippewa tribes have asserted that their treaties with the federal government give them special status and entitle their concerns to greater weight. They are right.

By the 1842 treaty at La Pointe, the Chippewa ceded to the United States approximately 12 million acres, including the Penokee Hills, receiving in return an amount that the Indian Claims Commission later called “unconscionable.” A treaty, the Supreme Court observed in United States vs. Winans, is “not a grant of rights to the Indians, but a grant of right from them – a reservation of those not granted.” In the 1842 treaty, the Chippewa reserved “usufructuary” rights in the territory they ceded, including the right to hunt, fish, trap, harvest wild rice and engage in other activities to make a living from the land.

LTBB Chair Dexter McNamara Will Sign Same-Sex Marriage Ordinance on March 15, 2013

From his email to the tribal employees and news outlets:

Our constitution under ARTICLE II ” INDIVIDUAL RIGHT ” reads, The Little Traverse Bay Bands of Odawa Indians, in exercising powers of self governance, shall NOT deny to any person within its jurisdiction the equal protection of its laws or deprive any person of liberty or property without due process of law.

Also in our Constitution under ARTICLE VI. ORGANIZATION OF THE GOVERNMENT A. PURPOSE, FUNDAMENTAL RIGHTS. We, the Little Traverese Bay Bands of Odawa Indians, speak through this document to assert that we are a distinct nation of Anishinaabek of North America that possess the right to : self-determination; freely determine our political status; freely pursue our economic, social, religious and cultural development, and determine our membership, without external interference. These same rights and principles the Little Traverse Bay Bands of Odawa Indians acknowledge to be inherent among other peoples, nations and governments throughout the world. We recognize their sovereignty and pledge to maintain relations with those peoples, nations and governments who acknowledge those same fundamental human rights and principles, and who recognize the sovereighty of the Little Traverese Bay Bands of Odawa Indians.

As the Chairman of the Little Traverse Bay Bands of Odawa Indians I will sign the Same Sex Marriage Statute on Friday March 15, 2013 @ 10:00 A.M. in the Chairmans office.

I believe that Tribal Citizens who wish to choose same sex marriage should be treated and just as importantly as any other Tribal Citizen who are Man and Woman. This is about people being happy. This is a real Issue. We are private people and we need to recognize on how we wish to live our lives. I have heard from Tribal Citizens, and not once have I heard that this could bring injury to our Nation, and that was the biggest issue that I had concerns of. There should not be a dividing line and we should all be able to seek a good life.

Migwech…

Biden and Obama Remarks at VAWA Signing Ceremony

Highlight quote from the President:

Tribal governments have an inherent right to protect their people, and all women deserve the right to live free from fear. And that is what today is all about.

2:16 P.M. EST

THE VICE PRESIDENT: Thank you very much, Diane. Thank you. (Applause.) Continue reading

NCAI Release on VAWA Signing Ceremony with Pres. Obama

Violence Against Women Act Signed Into Law;
NCAI Begins Implementation Coordination

NCAI Members join President Obama and Vice President Biden, Members of Congress, and Advocates to Celebrate Passage of Protections for All Women

NCAI’s Creative Commons photos available for use by media

WATCH: YouTube clip of the event

Washington, DC – Native women, tribal leaders, women’s rights advocates, and survivors of domestic abuse joined President Barack Obama and Vice President Joe Biden today, along with members of Congress and the Obama Administration, to celebrate the reauthorization of the Violence Against Women Act (VAWA). Members of NCAI’s Executive Committee joined in celebrating the tribal provisions of the bill enacted into law; President Jefferson Keel, 1st Vice President Juana Majel Dixon and Co-Chair of NCAI’s Task Force on Violence Against Women, Secretary Ed Thomas, and Treasurer Ron Allen. Terri Henry, Co-Chair of NCAI’s Task Force on Violence Against Women, was also in attendance.

Diane Millich, a member of the Southern Ute Indian Tribe in Colorado, opened the event and introduced Vice President Biden, sharing her story which has been a focus of national media attention since May of last year, and most recently in a New York Times article. Deborah Parker of the Tulalip Tribe of Washington, an active and prominent voice in the VAWA advocacy efforts alongside the NCAI Task Force, also stood on stage during the signing of VAWA.

“Indian Country has some of the highest rates of domestic abuse in America. And one of the reasons is that when Native American women are abused on tribal lands by an attacker who is not Native American, the attacker is immune from prosecution by tribal courts. Well, as soon as I sign this bill that ends,” said President Barack Obama, moments before signing the bill. “Tribal governments have an inherent right to protect their people, and all women deserve the right to live free from fear. And that is what today is all about.”

“Today represents a historic moment in the nation-to-nation relationships between tribes and the federal government. Now that the tribal provisions have been enacted and protection for all women reauthorized, justice can march forward,” said Jefferson Keel, President of NCAI. “Local tribal authorities have much work to do to ensure that our citizens are protected from these violent crimes. NCAI has already begun focusing on coordinating the implementation of VAWA. Today is a great day, because it marks the beginning of justice and the end to injustice that has gone unanswered for too long.”

In addition to programmatic support for Native survivors of domestic violence and sexual assault, the law includes constitutionally sound tribal jurisdiction provisions authorizing tribal governments to prosecute non-Indian defendants involved in intimate relationships with Native women and who assault these victims on tribal land. Prior to the enactment of this law, federal laws did not authorize tribal law enforcement or tribal courts to pursue any form of prosecution or justice against these perpetrators.

The legislation was passed in late February by the 113th Congress. Bipartisan support of the Senate version of the legislation, S.47, and the tribal provisions, led to both chambers casting resounding votes of 286 – 138 in the House and 78-22 in the Senate. NCAI released statements of support upon the final House passage of the bill.

News Coverage of Hualapai Tribal Councilor Recalls in Aftermath of Skywalk Debacle

Here.