“Waters of the United States” Comments by Michigan Tribal Interests

CORA, GTB, and Bay Mills comments on EPA’s proposal to change the definition of “Waters of the United States.”

Bay Mills-WOTUS Comments Regarding EPA-HQ-OW-2018-0149

CORA Comments WOTUS 2019

GTB 4-12-19 letter +map

GTB and Sault Tribe Join Opiate Litigation

Here is the complaint in In re National Prescription Opiate Litigation (N.D. Ohio):

GTB & Sault Tribe Complaint

Here is a recent list of tribes that have joined the litigation:

List of Tribes

JoAnne Cook: “Water Is the Essence of Life”

Here, on the FLOW site.

An excerpt:

The Anishinaabek, who are the Indigenous people from the Great Lakes area, are born with an innate sense of our connection to everything around us. We feel the connection between us and all things in creation, whether it’s people, plants, or animals. We feel it in everything that is part of our Mother, the Earth. There is knowledge about creation and how it fits together and in balance. It isn’t easily expressed into words, as it is a way of thinking and being. We, the Anishinaabek, understand that living in balance with all things is what we seek. As caretakers of the Earth, we use what we need and strive to ensure it is there for the next seven generations. 

GTB Press Release: “Grand Traverse Band of Ottawa and Chippewa Indians Implements Authority to Prosecute All Persons, Including Non-Indians, for Domestic Violence”

Here:

Peshawbestown, MI – During a legislative session today, the Tribal Council of the Grand Traverse Band of Ottawa and Chippewa Indians (GTB) enacted amendments to the Domestic Violence Ordinance authorizing tribal police and justice officials to investigate and prosecute domestic violence crimes committed by non-Indians on tribal lands. Non-Indians who live or work on the reservation or have a marriage or dating relationship with a Native person now may be prosecuted by GTB for domestic and dating violence crimes, and for criminal violations of certain protection orders. Individuals who commit these crimes in Indian country can be arrested by tribal police, prosecuted in the Tribal Court, and sentenced to incarceration. Crimes committed outside of Indian country, between two strangers, between two non-Indians, or by a person without sufficient ties to GTB are not covered by the law.

The law guarantees substantive and procedural protections to the accused, including the rights to a jury trial, to an attorney, and to stay proceedings in the Tribal Court to petition for a writ of habeas corpus in a court of the United States.

“The epidemic of violence against Native women has worsened as a result of tribal governments’ forced reliance on distant federal officials for justice. Domestic violence demands a local solution. At long last, we have one,” said Council Chair Sam McClellan. “Tribal law enforcement officers are no longer required to obtain federal permission to arrest a non-Indian who perpetrates domestic violence against an Indian. Bad actors who assault our women are on notice: They will be prosecuted and put in jail.”

For the first time since 1978, when the U.S. Supreme Court stripped tribal governments of their criminal authority over non-Indians in Oliphant v. Suquamish Indian Tribe, the Violence Against Women Reauthorization Act of 2013 (VAWA 2013) has authorized Indian tribes to reassert a portion of their inherent governmental authority to investigate, prosecute, convict, and sentence non-Indians who commit crimes in Indian country. The legislation begins the process of eliminating a jurisdictional gap on tribal lands that has for far too long endangered Native men, women, and children by tying the hands of tribal law enforcement.

Approximately twenty tribes around the United States have implemented the jurisdiction. By adding GTB to that list, the Grand Traverse Band Tribal Council demonstrates its commitment to confronting domestic violence, and to reversing the lasting damage it inflicts on Native families.

Friday Job Announcements

Job vacancies are posted on Friday. Some announcements might still appear throughout the week. If you would like your Indian law or leadership job posted on Turtle Talk, please email indigenous@law.msu.edu.

Senate Indian Affairs Committee

Policy Advisor/Counsel, Office of the Vice Chairman, Senator Tom Udall, Washington D.C. Covers legislative portfolio including economic development, law enforcement, energy, tax, and related issues impacting Indian Country. Additional duties include developing and executing legislative initiatives; monitoring legislative developments; conducting oversight; working with stakeholders; preparing materials for meetings, briefings, and hearings; and coordinating closely with senior staff and the Vice Chairman.  This position requires excellent communication, strong research and writing skills, as well as the ability to work well under pressure in a fast-paced environment.  Ideal candidate will have work experience in the legislative and/or executive branch, as well as extensive knowledge of, experience with, and/or contacts with Indian Country.  J.D. preferred but not required.  The Office is an equal employment opportunity employer and encourages individuals from all backgrounds to apply.  Please e-mail a cover letter and resume to SCIAresumes@indian.senate.gov.

U.S. Department of Justice

Task Force Member, Office on Violence Against Women, Washington D.C.  The U.S. Department of Justice is looking for tribal leaders to serve on a task force to advise us about research activities to help reduce violence against women in Indian country.  Task Force duties include:

  • Providing feedback on research and evaluation priorities, design strategies, protocol, and findings.
  • Assisting in disseminating results that influence policy and practice.
  • Drafting and reviewing reports and recommendations.

Members must be representatives of:

  • Tribal governments
  • National tribal domestic violence and sexual assault nonprofit organizations
  • National tribal organizations

Mille Lacs Band of Ojibwe

Special Magistrate (RFQ), Onamia, M.N. Hears court cases specifically every Monday, except for designated holidays, beginning in January 2018 to September 2019. Cases heard are primarily family law, truancy, domestic abuse, harassment, criminal arraignments; however, there may be other case types added throughout the term of contract. Resumes are due by Friday, December 18, 2017 by the end of business.

Comanche Nation

Chief District Judge, Lawton, O.K. Conducts court proceedings and issues all orders and papers incident thereto, in order to administer justice in all matters within the jurisdiction of the Comanche Nation Court. Deadline for submission is December 19, 2017 at 4:00pm CST. Proposals should be submitted in PDF format via email: shannonn@comanchenation.com. Sealed proposals will be received in person at Comanche Nation Administration Building, 584 NW Bingo Rd., Lawton, OK 73502 Attention: Grants Department.

Associate District Judge(2), Lawton, O.K. Handles, presides over and adjudicates all criminal, civil, juvenile, and traffic cases and litigation as assigned by the Chief District Judge within the jurisdiction of the Comanche Nation Court. Deadline for submission is December 19, 2017 at 4:00pm CST. Proposals should be submitted in PDF format via email: shannonn@comanchenation.com. Sealed proposals will be received in person at Comanche Nation Administration Building, 584 NW Bingo Rd., Lawton, OK 73502 Attention: Grants Department.

Elk River Law Office, PLLP

Associate Attorney, Billings, M.T. The firm seeks an experienced associate attorney with three-years legal experience in a civil law firm including Federal Indian law.  Current and former judicial law clerks with experience in administration of civil cases are encouraged to apply. All applicants must be licensed to practice law in Montana, and must have strong research and writing skills. Competitive salary based upon experience. Please send a resume, cover letter and three references to: Georgette Boggio, P.O. Box 928, Billings, Montana 59103, or you can submit your information by e-mail to gboggio@elkriverlaw.com.  All applications are confidential.

Nevada Legal Services

Staff Attorney, Indian Law Project, Reno, N.V. Will be handling criminal defense cases in Tribal Courts in northern Nevada and will do some civil representation in Tribal Courts in northern Nevada. Our staff attorney’s salary begins at $42,154 and goes up based upon your experience. We provide medical, dental, and vision insurance and you may participate in the 403(b) TDA. A great deal of travel with some over-night stays is required in this position. If you are interested in the position, send a resume, writing sample, and list of three references to: Roberta O’Hara, Human Resources at rohara@nlslaw.net.

Paiute Indian Tribe of Utah

Legal Counsel(RFP), Cedar City, U.T. The Tribe is seeking proposals for general and/or special Legal Counsel Services from one or more firms or individuals who can demonstrate proficient expertise in Tribal Governance, Economic Development, and Tribal Employment as needed.

Claremont Graduate University

Native American Fellowship, Claremont, C.A. CGU has recently received a grant from the US Department of Education that will allow twelve Native Americans (in two cohorts of six each) to receive a 100% tuition fellowship and a living stipend ($1400/month for 15 months) to support their earning of a k-12 teaching California teaching credential and master’s of education from Claremont Graduate University.  Given that the first cohort will start classes in May 2018, recruitment has already begun. Contact either Rachel Camacho, Rachel.Camacho2@cgu.edu, or DeLacy Ganley, DeLacy.Ganley@cgu.edu, if you are interested or have questions.

Choctaw Nation of Oklahoma

Attorney, Division of Commerce, Durant, O.K. Primarily responsible for negotiating, writing, reviewing, summarizing, researching and executing a wide variety of agreements for business and internal support units. This will include service agreements, franchise agreements, organizational documents, marketing agreements, license agreements, real estate leases, confidentiality agreements, construction contracts and other general business contracts. Manage an array of general contractual and legal matters. Offer sound legal advice and counsel to Sr. Legal Director and internal clients on strategies, actions and decisions related to all such transactions and legal matters.

Other jobs posted this week:

Indian Child Welfare Attorney(RFP)(2), Grand Traverse Band of Ottawa and Chippewa (12/4/17)

Probate/Estate Planning Attorney(RFP)(2), Grand Traverse Band of Ottawa and Chippewa (12/4/17)

Previous Friday Job Announcements12/1/17