A Letter from the Publisher
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Vol. 1, Issue 15 October 23, 2013 A Letter from the Publisher Shekóli. After weeks of indecision and brinkman- a recent article David Bean, a council member with ship, the government shutdown has ended, and fur- the Puyallip Tribe, told Indian Country Today Me- loughed federal employees have returned to work. dia Network’s D.C. Bureau Chief Rob Capriccioso, “I While some estimates have put the cost of the shut- am happy that the federal government found a way down to the national U.S. economy at around $24 to pay its bills and honor its debts. I remain hope- billion, it is somewhat harder to calculate the effect ful that they maintain this philosophy and practice being felt in and around Indian country. Suffice it to when it comes to Indian country.” say, the trickle-down impact of such fiscal irrespon- sibility hurts the poorest of the poor most of all, the Of course the problem, as many of us know, is that oldest and the youngest among us, and some of the the federal government treats its treaty obligations most far-flung. as discretionary budget items—chronically under- funded ones at that—to rise incrementally and fall Unfortunately, the government shutdown—which dramatically at the whims of Congress and the Presi- resulted in some tribal governments with programs dent. We must persist in educating elected officials dependent on federal aid sending workers home— to establish sufficient levels of funding as mandatory. was the second blow dealt to the finances of tribal This will help for proper planning and economic nations. The first hit came with the government -se growth. Such fiscal responsibility is not only inte- quester. As Kevin Washburn, Assistant Secretary of the Interior, gral to the understanding of the historic contracts between tribal Indian Affairs, outlined in a letter to tribal leaders last week: “The nations and the federal government, it is also prudent. Over time, timing of sequestration was difficult because it required that we cut this change will ultimately cost the federal bottom line far less by programs after much of the fiscal year had already passed, magni- ensuring self-sufficiency, and eliminating agonizing and costly -fis fying the effects felt throughout Indian country and preventing us cal crises. from planning for reductions.” Several tribes were short of funds prior to the end of the fiscal year. NΛ ki� wa, Washburn also explained that there were several steps involved af- ter the President signed an appropriations bill in order for Indian Affairs to receive and then release funds for the new fiscal year. While he promised that his department would move expeditiously, the hard truth is that the whole process will take several weeks. In Ray Halbritter Table of Contents 2 COMMENTARY 12 TRADEWINDS CLASSIFIEDS 4 NEWS 13 WEB, EVENTS, LETTERS 7 ENTOMBED IN SNOW 14 CARTOON, NEWS ALERTS 8 TACKLING CLIMATE CHANGE 15 UPCOMING POW WOWS 10 WEEK IN PHOTOS 16 THE BIG PICTURE 10 11 C REDIT UNION SUCCESS IndianCountryTodayMediaNetwork.com October 23, 2013 2 COMMENTARY Fighting Racism in Worker’s who can help and encourage the worker be imposed to protect workers due pro- Comp Rules get back to work? Does the ordinance al- cess rights. In Waltrip v. Osage Million Dollar Elm low for compassion based on individual A regulatory structure can be designed Casino (2012), the Oklahoma Supreme circumstances, or does it require a robotic around concepts of compassion and court held that an insurance carrier could response from outside? Are there mecha- caring without sacrificing the workers be sued under state insurance standards nisms to help people who are too injured compensation fund. Indeed, when the designed to protect injured workers because shift to other less physical work or to reha- employees know their employer cares and there was no tribal ordinance. Against bilitation services that are tied to resources will be monitoring their recovery to get that backdground Dave Lundgren, who in their own community? What happens to them back on their feet, they will be mo- practices federal Indian law in Eastern workers who cannot return to work due to tivated to return to work and fraudulent Washington, poses some relevant questions their injury? claims will diminish. Protection of work- about workmen’s compensation: Does your ordinance provide for a full ers is a true attribute of tribal sovereignty Does your ordinance provide for tradi- range of due process protections, or is it that federal law is designed to preserve. It tional remedies, or is treatment tied only designed to give your carrier too much is too important to leave to outside carri- to contemporary medicine? Does the or- control? The ordinance must require a ers who have no knowledge of traditional dinance acknowledge the role of family, separation between carriers and the ad- values and no concern for individual suf- or establish a network of fellow employees ministrators. Checks and balances must fering. http://bit.ly/17u230w 0 How Tribal Leaders Are In communities that have received in- has helped build a track record of success, Creating Jobs vestments by CDEs, the NMTC is moving demonstrating that Indian country is now Lance Morgan (Winnebago), president the needle. NMTC-funded businesses and a mature market for new markets. But In- of Ho-Chunk, Inc., and Gabriel Galanda organizations are hiring and providing a dian country cannot afford a setback of be- (Round Valley Indian Tribes), a partner much-needed boost to local economies. ing passed over for NMTC allocation—not with Galanda Broadman, PLLC, discuss Tribal leaders have been working for years when a pipeline of so many worthy tribal the virtues of, and threats to, the New Mar- to educate members about the NMTC and projects has been built. kets Tax Credit (NMTC): to attract CDE attention to Native projects. We must ask Congress to support reau- The NMTC is a federal incentive that at- Yet today, before Indian country has even thorization of the vital NMTC program, tracts equity from financial institutions to in- reached the NMTC tipping point, it is in specifically Senate Bill 1133 and any House termediaries called community development danger of stalling out. companion bill that might soon emerge. entities (CDE). These CDEs use this equity In the most recent NMTC allocation “We” means tribes and Alaska Native and to make flexible, low-cost loans and equity round, the federal Community Develop- Native Hawaiian communities, as all of investments that support vital public services ment Financial Institutions Fund did not American Indian country has the potential and job-creating projects. This is not just a allocate NMTCs to any CDEs with a spe- to benefit from the program. There is great program for Indian country; CDEs have de- cific focus on Indian country. Previously, need and high demand in Indian country ployed billions in communities of high un- at least one Native-focused CDE has re- for NMTCs that cannot be ignored. http:// employment and poverty since 2000. ceived an allocation each go-round. That bit.ly/16LIpAp 0 Don’t Regard Tribes as Just claim that we have been assimilated as mi- officials of the State Department and tribal Another Minority nority individuals into the overall society of government representatives focused on Though President Nixon’s 1970 “Special the United States. U.S. designs for a 2014 High Level Plena- Message on Indian Affairs” is hailed as a Fast-forward four decades. In December ry Meeting of the U.N. General Assembly landmark of self determination, Steven 2010 the State Department issued its “An- which might define the implementation of Newcomb (Shawnee, Lenape), co-founder nouncement of U.S. Support for the United the U.N. Declaration on the Rights of Indig- and co-director of the Indigenous Law In- Nations Declaration on the Rights of Indig- enous Peoples. The October meeting was stitute, offers a less cheerful contemporary enous Peoples.” State said that U.S. support held at the Department of the Interior be- perspective: for the U.N. Declaration “goes hand in hand cause its “domestic” location is a symbolic The strategy of Nixon’s Self-Determina- with the U.S. commitment to address the way for the State Department to repeat the tion Policy was essentially to convert Amer- consequences of a history in which, as Pres- message of December 2010 and attempt to ican Indians to simply another minority ident Obama recognized, ‘few have been “domesticate” indigenous peoples. group, composed of individual Americans more marginalized and ignored by Wash- The past and current message of the who also happen to be members of some ington for as long as Native Americans— United States seems quite clear: Ameri- “tribal group” or “tribal community.” Such our First Americans.’ ” President Obama’s can Indian “tribes” are not nations, at all. ideas serve a key U.S. political agenda: phrase “our First Americans” matches Pres- We are “internal” to the United States and Make it appear that our original nations no ident Nixon’s phrase “the first Americans.” therefore have been “domesticated.” http:// longer exist as nations because of the U.S.’s A meeting on October 11, 2013 between bit.ly/19N9khO 0 IndianCountryTodayMediaNetwork.com October 23, 2013 3 INDIAN COUNTRY TODAY Costas Assails ‘Redskins’ Name in Prime Time In a statement of almost two minutes during NBC’s October 13 Sunday Night Football halftime show, sportscaster Bob Costas criticized the continued use of the Washington Redskins team Let’s Partner. name, calling it an “insult” and a “slur” that “truly differs” from other names like Braves and Chiefs. Let’s Create. No matter “how benign the present day intent” of the moniker is, Costas said, he urged that it be dropped.