Longer, Footnoted(!) Version of “The Ute Paradox”

This article, called “The Ute Parallax,” is available on writer Jonathan P. Thompson’s blog here.

Excerpt:

Both Lester and off-the-record sources from within the tribal administration blame the lack of openness on what they call bad press in the past. When the outside press covers the Southern Utes, it tends to emphasize the various pitfalls of wealth, including political infighting. The implication is clear: The savages just can’t handle all that money any better than they can handle their liquor. What they fail to take into account is the fact that all the problems they associate with the newfound wealth – crime, drugs, alcohol, greed, loss of culture, corruption and political battles – existed before the money started pouring in, perhaps to a greater extent. Not only that, but all of the recalls, bitter politics, accusations of manipulation and the like mirror that of many a small town, whether it’s wealthy or not[15].

“When a tribe begins to see economic success, its members quickly demand accountability, a democratic institution not seen in today’s business climate (nor, it appears, in today’s democracy), and readily criticized by the business experts…” writes Matthew Fletcher, Director of the Michigan State University Indigenous Law Center, in his In Pursuit of Tribal Economic Development as a Substitute for Reservation Tax Revenue. “Such reportage evidences the focus of business papers on the limitations of tribal governments qua business owners because of their status as tribal governments qua governments.”

High Country News on the Southern Ute Tribe and Natural Resources

Here is the link to this article, “The Ute Paradox.”

A few excerpts:

* * *

Less than a century ago, the Southern Utes were barely hanging on, squeezed onto an unremarkable sliver of reservation land, a new and foreign way of life thrust upon them. Even as late as the 1950s, many had no running water or noticeable income. But today, as the bidding at the Superdome showed, the once-impoverished tribe is a financial powerhouse. With tribal businesses in 14 states, ranging from Gulf crude to upscale San Diego real estate, the 1,400 or so tribal members are, collectively, worth billions.

They didn’t strike it rich on casino gambling. Instead, the Southern Utes built their empire slowly, over decades, primarily by taking control of the vast coalbed methane and natural gas deposits that lie under their land. They’ve achieved cultural, environmental and economic self-determination through energy self-determination — a feat rarely accomplished, whether by Indians or non-Indians.

* * *

From this nerve center, the tribe’s energy arm has reached into at least eight other states. The real estate arm owns or invests in developments and buildings in Denver and its suburbs, the San Diego suburb of Oceanside, as well as Kansas City, Houston and Albuquerque. The tribe’s GF Private Equity portfolio — for which the tribe is reportedly seeking a buyer, so that it can concentrate more on oil and gas — includes biotech ventures and defense contractors. Closer to home, the tribe is developing Three Springs, a “new urban” community between the reservation boundary and Durango. To help launch it, the tribe donated land for a new Durango hospital, to serve as an anchor for as many as 2,200 new residential units. The tribe’s net worth now stands at somewhere between $3.5 billion and $14 billion.

The tribe also has its own environmental standards, which are as strong as or stronger than state or federal regulations, and it is on the brink of getting federal approval for its sovereign air quality code. The first of its kind in the U.S., the code will empower the Southern Utes to tighten air-quality standards and administer permits under the federal Clean Air Act. The tribe has put parts of the reservation off-limits to all drilling, and it’s partnered with Solix Biofuels to create an algae-to-biofuel facility on the reservation. It took control of the tribal medical clinic in order to improve care, built a state-of-the-art recreation center, and has a groundbreaking Ute language program in its school. The Southern Ute Community Action Program runs alcohol and substance abuse treatment centers, a senior center, and job-training programs. Every member has the option of accepting a full college scholarship from the tribe. And the Southern Utes continue to follow older traditions such as the Bear and Sun Dances, which draw huge crowds each summer.

* * *

Matthew Fletcher, director of the Indigenous Law Center at Michigan State University, says the tribal companies remain unique: Their money goes through the government, while a private corporation’s goes to profit-hungry stockholders. “The perception I’m trying to avoid is that the tribes are any old private enterprise and for-profit machine,” says Fletcher. The Southern Ute financial empire is not a corporation; it’s a government.

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Tenth Circuit Holds that ERISA Applies Retroactively to Indian Tribes

At issue in Dobbs v. Anthem BCBS is whether 2006 Amendments to ERISA that incorporate Indian tribal government retirement plans apply retroactively to the Southern Ute Tribe plan. The CA10 remanded to determine whether Southern Ute’s plan is  a “governmental plan.”

Here are the materials:

Dobbs CA10 Opinion

Dobbs Opening Brief

Anthem Brief

Dobbs Reply Brief

Southern Ute Amicus Brief in Support of Affirmance

Court Approves EIS in Southern Ute Natural Resources Development Project

Here is the opinion in San Juan Citizens Alliance v. Salazar, a NEPA case out of the District of Colorado — san-juan-citizens-alliance-v-salazar-dct-order

And an earlier opinion in the same case.

San Juan Citizens Alliance v. Norton

This environmental case involves the Southern Ute Tribe.

san-juan-citizens-alliance-v-norton