Native American Legal Update : Native American Law : Foster Pepper Law Firm : Northwest, Seattle, Spokane, Portland Lawyer & Attorney

(Survivalinternational.org)

Peruvian authorities are struggling to help preserve the way of life of the Mashco-Piro tribe, a previously isolated Amazon people who began appearing on the banks of a river popular with environmental tourists.  The advocacy group Survival International has released photos showing members on the river bank, described as the most detailed sightings of uncontacted indigenous people ever recorded on camera.

The release of the photographs comes on the back of increased violence as the tribe looks to steer away outsiders, including curious onlookers and logging and mining companies who are trying to force them off their land.

The Mashco-Piro are believed to be one of about 15 uncontacted tribes in Peru that together are estimated to number between 12,000 and 15,000 people living in jungles east of the Andes. Beatriz Huerta, an anthropologist who works with Peru's agency for indigenous affairs, speculated that the tribe left the relative safety of their tribe's jungle home because their habitat was becoming increasingly encroached upon. "To the west of the territories of the Mashco-Piro in Madre de Dios is the basin of the Urubamba river," Huerta said. "That's where the oil and gas drilling project of Camisea is located. We are very worried because there is a great possibility that the helicopters flying over are scaring the animals away. These animals are the source of food for indigenous people."

Experts are concerned the tribe may be decimated by a disease borne by outsiders, as has occurred with other uncontacted peoples, but it is still a mystery to them why the Mashco-Piro have appeared in an area so heavily trafficked. After the first sightings, and after tourists left clothing for the Mashco-Piro, state authorities issued a directive barring all boats from going ashore in the area. But enforcing it has been difficult as there is no effective policing.
 

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(Photo by Roy Pablo)

Frustrated with the negative impact of illegal drugs in his community, Tulalip member Roy Pablo is using social media to build a grassroots campaign against drug-trafficking on the reservation.

His Facebook group, “Tulalip Tribal Members Fight against Drugs,” now has hundreds of members. The site provides information on the community effort and helps people schedule in-person meetings for anti-drug action.

“A lot of people were talking about the deaths and the overdoses going on in our community,” Pablo said. “People were getting sick of it, but no one ever said anything.” The idea is “letting them know that we're not taking this anymore, we're standing up for our community, and we're going to fight for it too,” he said. “We can't let them get away with it anymore.”

People wishing to support the mission are encouraged to join the Facebook group for information about upcoming meetings and events
 

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Attorney Tom Schlosser has published a significant new article regarding Tribal water rights in the Klamath Basin, and the federal government’s apparent acquiescence to corporate interests at the expense of Tribal rights.

The core of the issue is the federal government’s decision to not require energy company PacificCorp to remove certain antiquated dams on the Klamath River. Dam removal would have significant benefit for Tribal water rights and the Klamath Basin ecosystem – but would cost the company millions of dollars in removal expenses. The decision to postpone the dam removal “is a great outcome for PacifiCorp shareholders, but a poor result for the Klamath River ecosystem, and a feeble outcome by the federal trustee who long ago committed to protecting the Indian tribes’ rights to make a livelihood based upon taking of salmon and other fish.”

The full text of the article can be accessed HERE.

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Please join us Tuesday, January 31, 2012 | 10:00 – 11:30 am (PST) for a complimentary webinar session, as part of the continuing Tribal Retirement Plans Forum.  Our topic this session:

IRS Requests Comments on Sovereignty over Retirement Plans

On November 7, 2011, the IRS solicited comments from the public on possible standards for determining whether a tribal retirement plan is a governmental plan. This Forum session covers the IRS’ request for comments and what Tribal Governments can do to respond.

Featured topics include:

Determining “Governmental” Status for Tribal Plans

Exempting Tribal Retirement Plans from ERISA

Who is a “Commercial” Employee?

Who is a “Governmental” Employee?

How to Send Comments to the IRS

Moderated by: Leilani Walkush | Financial Advisor
Presented by: J. Scott Galloway | Foster Pepper PLLC
Pam Means | Means & Associates, LLC
Charlie Cabe or Ryan Luetkemeyer | Moss Adams LLP


CLE (Attorney) credits pending | Certificates of Completion available for other organizations

For more information and to register for the webinar, click HERE.

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The Tribal Law and Policy Institute is pleased to announce the launch of the enhanced & updated Walking on Common Ground  web resource, which provides a wealth of information on Tribal law and Tribal Court practice.

The primary focus of the website is:
* Identify and develop resources concerning tribal/state court collaboration & promising practices
* Identify and develop resources concerning Public Law 280 tribal/state court collaboration & promising practices
* Subject areas include: courts, law enforcement, detention, child welfare, and multi-agency agreements

Features of the website include:
* Tribal-State agreements by topic
* Tribal-Federal Collaborations
* Promising Practices stories and quotes
* Resources on the TLOA
* Interactive searchable map of agreements
* Listing of all federally recognized tribes, tribal websites and counties, by state
* Jurisdictional information

Upcoming features include:

* Tribal-State Court Promising Strategies Publication

* Public Law 280 Promising Strategies Publication

* Additional tribal-state collaborations in the area of Detention and Child Welfare

* Additional tribal-federal collaborations

The Tribal Law and Policy Institute welcomes your submissions of new information to add to this resource.  Please contact Heather Valdez Singleton for more information: heather@tlpi.org ; 323-650-5667.

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Erik Smith/ Washington State Wire

A group representing nontribal gas station owners says the tribes get an unfair tax break that lets them beat the competition on price. Under compacts with 16 tribes, Washington state gives them a 75 percent discount from state gas taxes. There are 51 tribal gas stations in Washington, where fuel prices are consistently 7 to 12 cents a gallon less than at other stations due in part to the tax rebate. If tribes were to pay the full amount, the state would reap an additional $30 million a year to fix highways.

In 2007, the Legislature passed a law allowing Gregoire to make fuel-tax compacts with the tribes. When they buy fuel, the tribes pay the full wholesale price, including 38 cents a gallon tax upfront. The state sends them a rebate check for 75 percent of the tax.

The Automotive United Trades Organization (AUTO), which represents nontribal service stations, is suing the state. AUTO argues that the existing compacts violate the state constitution, because the 18th Amendment requires gas taxes be used only for highway purposes. The state counters that, based on court rulings, it would collect no fuel tax at all from tribes if it weren't for the compacts. Tribes are required to use the tax rebates for transportation, and often do, but details of how the money is spent are exempt from public disclosure.

"No one but the tribes know, and they will not let anyone look at their books," said Tim Hamilton, a former Grays Harbor-area station owner and executive director of AUTO. The Puyallup Tribe voluntarily posts a description of its road projects and some cost information on its website. Audit reports by the tribes are typically provided to the Department of Licensing, but those cannot be reviewed by the public or lawmakers.

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Many Native Americans are wondering about the status of the $3.4 billion Cobell settlement, and when the funds will be paid to those who are eligible.

The United States District Court for the District of Columbia granted Final Approval for the Indian Trust Settlement at the Fairness Hearing in 2011.  Final Approval will become effective and payments will be distributed once all appeals have been resolved.

There are two active appeals. The first was filed by Kimberly Craven on August 6, 2011. The other is a consolidated Appeal of Carol Eve Good Bear, Charles Columbe, and Mary Aurelia Johns who are being represented by David C. Harrison. This was filed on September 30, 2011. These appeals could collectively delay payment by one year or longer.

IF YOU HAVE QUESTIONS ABOUT COBELL SETTLEMENT PAYMENTS, YOU CAN:

Call Toll-Free: 1-800-961-6109

Email: Info@IndianTrust.com

Send a letter to: Indian Trust Settlement, P.O. Box 9577, Dublin, OH 43017-4877
 

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Secretary of the Interior Ken Salazar and Assistant Secretary for Indian Affairs Larry Echo Hawk have unveiled the new Tribal Consultation Policy for the Department of the Interior, designed to launch “a new era” of enhanced communication with American Indian and Alaska Native tribes.

 “This comprehensive initiative reflects President Obama’s commitment to strengthening the government-to-government relationship between the United States and tribal nations and recognizing their fundamental right to self-governance,” Secretary Salazar said in signing a Secretarial Order implementing the departmental policy. “The new framework institutionalizes meaningful consultation so that tribal leaders are at the table and engaged when it comes to the matters that affect them.”

“Under this policy, consultation will be an open, transparent and deliberative process,” said Assistant Secretary Echo Hawk. “Forging a strong role for American Indian and Alaska Native tribes at all stages in the government’s decision-making process will benefit Indian Country and federal policy for generations to come.”

Developed in coordination with tribal leaders – including meetings in seven cities with more than 300 tribal representatives – the new policy sets out detailed requirements and guidelines for Interior officials and managers to follow to ensure they are using the best practices and most innovative methods to achieve meaningful consultation with tribes.

The policy creates a framework for synchronizing Interior’s consultation practices with its bureaus and offices by providing an approach that applies in all circumstances where statutory or administrative opportunities exist to consult with the tribes - including any regulation, rulemaking, policy, guidance, legislative proposal, grant funding formula change or operational activity that may have a substantial and direct effect on a tribe.

Interior bureaus and offices, which are required to designate one or more Tribal Liaison Officers, must examine and change their consultation policies within 180 days to ensure they are consistent with the new departmental policy. Under the policy, Interior officials will identify appropriate tribal consulting parties early in the planning process, provide the tribes a meaningful opportunity to participate in the consultation process, and participate in a manner that demonstrates a commitment and ensures continuity.

A copy of the full policy can be accessed HERE.

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Robert T. Coulter (Citizen Potawatomi Nation), Executive Director of the Indian Law Resource Center, is preparing a series of articles on the United Nations Declaration on the Rights of Indigenous Peoples, and how Tribes throughout the United States are taking a lead role in its implementation. As a preface, Mr. Coulter has offered observations on current issues and efforts toward progress, excerpts from which include the following:

It has been just a year since President Obama announced the Administration’s support for the UN Declaration on the Rights of Indigenous Peoples and promised action to implement at least some of those rights. Across the country, tribal governments are seizing the Declaration and using it creatively to protect their lands and resources, and especially their rights to cultural and sacred sites.

Not surprisingly, other Indian and Alaska Native nations are using the Declaration to seek changes in federal laws and regulations, re-establish tribal jurisdiction to address violence against Native women and other crimes, regain control over Native lands and resources, and promote economic development. Obviously, tribes want to see real, concrete changes in federal laws, regulations, and policies – changes that will improve the lives of their citizens or members and assure the well-being of each tribe or nation. It is going to take a strong, national campaign by tribes to get serious, concrete changes made. Tribes will need to come together behind specific proposals for changes in administrative regulations and policies and for corrective legislation. The UN Declaration is a very useful guide for what changes are necessary. It contains dozens upon dozens of rights covering nearly every conceivable topic. Tribes are studying these detailed provisions, making strategies, and deciding what changes are most important – what elements of the Declaration to implement first.

(A) top concern almost everywhere is environmentally safe and sustainable economic development. The Declaration contains many provisions that could help tribes to gain real control of their lands and resources and overcome some of the worst barriers to development in Indian Country. The provisions in the Declaration that acknowledge tribes’ rights to self-governance, to manage their own lands and resources, and to protect their subsistence economic activities, and that prohibit discrimination against tribes and their members, will all contribute to creating a positive climate for business, investment, and economic development in Indian Country. A number of important proposals for changing federal law to give tribes a fair chance for development have been drafted by the Indian Law Resource Center with the support of the Indian Land Tenure Foundation. These are available on our website at www.indianlaw.org.

Another top priority is the protection and restoration of tribal governmental jurisdiction in order to increase the ability of tribes to prosper and survive, and especially to increase tribes’ ability to deal with the problem of violence against Native women. The UN Declaration contains more than 15 articles spelling out and protecting many aspects of tribal self-government and jurisdiction. These detailed provisions, along with the Administration’s support for them, could stop excessive interference and change the way the federal government deals with tribal governments. This could give tribal governments a greater chance for success and increase safety in all Native communities.

The protection of and access to sacred sites is yet another set of issues often raised by tribes. The Declaration acknowledges that tribes have “the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains.” These provisions call for serious changes in federal law and policy. In July, the Yocha Dehe Wintun Nation and the Cortina Band of Wintun Indians used the Declaration to successfully negotiate a cultural easement on a municipal park in California. The easement, which will be permanently associated with the park, allowed the tribes to cancel the construction of bathrooms on a sacred site, and to relocate and resize a planned new parking lot so that visitor traffic will be diverted from sacred sites.

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