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TUELL – Legislative Update 12th Annual Indian Law Conference - Virtual Spokane County Bar Law - March 4-5, 2021 Litigation and Legislative Legislative Update Update Panel By Loretta A. Tuell 117th Congress Tuell Law P.C. The 117th Congress “To storm the Capitol, to smash windows, to occupy offices, and to threaten the safety of duly elected officials is not protest. It is insurrection.” President-elect Joe Biden “Lies have consequences…” Senator Ben Sasse (R-NE) Elections Have Consequences Senate House of Representatives 221 - 211 = 432 Vacancy = 3 Current from 2/11/2021 Leadership in the 117th Congress HOUSE OF SENATE REPRESENTATIVES Speaker Nancy Pelosi ( D-CA) Majority Leader Senator Schumer ( D-NY) Leader Rep. McCarthy (R-CA) Minority Leader Senator McConnell (R-KY) 117th Congress Senate Committee on Indian Affairs Chairman Vice Chairman Senator Brian Schatz (HI) * Senator Lisa Murkowski(AK)* Senator Cantwell (WA) Senator Tester (MT) Senator Cortez-Masto (NV)* Senator Hoeven (ND)* Senator Daines (MT) Senator Rounds (SD) Senator Smith (MN) Senator Lujan (NM) Senator Lankford (OK)* Senator Moran (KS)* * Up for Re-election in 2022 117th Congress House Resources - Subcommittee for Indigenous Peoples of the United States Chairman Rep. Teresa Leger Fernandez (NM) Ranking Member Rep. Don Young (AK) •Reben Gallego ( D-AZ) •Darren Soto (D-FL) • Jay Obernolte (CA) •Betty McCollum ( D-MN) • Amata Coleman Radewagen (American Samoa •Michael San Nicholas (Guam) • Jerry Carl (AL) •Ed Case ( D-HI) • Matt Rosendale (MT) •Alan Lowenthal (D-CA) • Lauren Bobert (CO) •Jesus G. Garcia (D-IL) • Cliff Bentz (OR) Rep. Rauk Grijalva (AZ) - Ex officio Rep. Bruce Westerman (AR) - Ex officio 6 Native Members of Congress Rep. Tom Cole (OK) - Chickasaw Rep. Sharice Davids (KS) - Ho-Chunk Rep. Markwayne Mullen (OK) - Cherokee Rep. Kai Kahele (HI) - Native Hawaiian Rep. Yvette Herrell - Cherokee Rep. Deb Haaland (NM) - Laguna & Jemez Pueblo Top Legislative Priorities Senate Committee on Indian Affairs Hearing - Feb. 24, 2021 • Coronavirus Relief Funds and Services • Tribal Infrastructure - “Build Back Better” • Tribal Homelands - Carcieri clean-fix • Climate Change ❖ Upholding Treaty & Trust Obligations FY 2022 Budget Reconciliation Potential Deadline - March 14, 2021 ❖ Coronavirus Relief Fund (CRF) Part 2 ✍ $15 Billion for Tribal healthcare needs ✍ $20 Billion for Tribal government impacts • $1 billion divided to each tribal government ($1.7M) • $19 billion “…allocated by the Secretary among each Tribal government in amount determined by the Secretary.” ( DOI & Treasury consultation) Hot Legislative Items - 2021 ❖ Addressing Violence Against Women - Reauthorization ❖ Authorizing Advanced Appropriations - Advance funding for Indian health services and Bureau of Indian Affairs ❖ Reauthorization of the Native American Housing Assistance and Self- Determination Act of 1996 (NAHASDA) ❖ Broadband Expansion & infrastructure ❖ New Markets taxation issues/essential government function for tax- exempt bonds What is lobbying? ❖ Lobbying describes compensated activity in which special interests hire well-connected professional advocates, often lawyers, to influence specific legislation, policy or actions to decision- making bodies such as the Tuell Law P.C. United States Congress or the Lawyer/Lobbyist California Legislature and the Executive Branches. ❖ There are two different kinds of lobbying - direct and indirect. Advocacy vs. Lobbying: Understanding the Difference ❖ What Is Advocacy? Advocacy is generally defined as educating or promoting in favor of a cause or idea, whether it’s Indian sovereignty, environmental protection, minority rights, or the myriad other issues that affect people every day. There is no limit to the amount of advocacy a person, Tribe or organization (such as a nonprofit) can do. ❖ What Is Lobbying? Lobbying can generally be defined as any attempt to influence a politician or public official on an issue or legislation. Lobbying is further broken down into: ❖ 1.) Direct lobbying ❖ 2.) Indirect - Grassroots lobbying Loopholes or Triggers? ❖ A “lobbyist” is a person who makes, or is expected to make, at least two lobbying contacts and spends at least 20% of his/her time engaged in lobbying activities on behalf of a client or employer over a three-month period. ❖ The Internal Revenue Code (IRS) definition includes thresholds for nonprofits, lobbying state/local officials and some grassroots activities. ❖ De Minimis $$$$ threshold during quarterly or other period. ❖ Political/Strategic consultants exception- provides expert advice on a particular issue or sector to inform decision making. ❖ Lawyers as Lobbyist protection - Qualify caveat & Attorney-Client Privilege Analysis ( in-house or contracted) Lobbyist must… ❖ Register - at the Federal, State or local level. ❖ Report - present quarterly report about lobby efforts. ❖ Restrict - gifts to members of Congress/Legislative and Executive branches. ❖ Require - disclosure of earmarks in expenditure bills. ❖ Revolving door - compliance with restrictions for former government employees. FAILURE TO COMPLY - FINES/IMPRISONMENT Common Goals of Tribal Lobbyist ❖ To facilitate the adoption of new rules, or the repeal or revision of old ones to advance tribal interests. ❖ To remove regulatory obstacles to a Tribe’s sovereignty. ❖ To stop others from attaining regulatory changes that would harm a Tribe’s rights, government, or business. “Lobbying Against the Odds” By Kirsten Matoy Carlson Harvard Journal on Legislation Growth in Tribal Lobbying Vol. 56 ( 2019) Figure 5. “Lobbying Against the Odds” By Kirsten Matoy Carlson Harvard Journal on Legislation Gaming vs Non-Gaming Vol. 56 ( 2019) Figure 3. Practical Strategic Tips? 1.) Know your own story & tell it! 2.) Identify what action is needed. 3.) Create a plan of action. 4.) Implement your lobbying activities. • Use the legislative record • Develop non-partisan support 5.) Follow-up & Thank Supporters Presidential Medal of Freedom - Nov. 2015 Loretta Tuell Thank You [email protected].
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