Native American Law Blog

House passes Claims Settlement Act of 2010 (Cobell)

Wow! Just last week we were discussing whether the House would pick this up before the settlement expiration date hit over at the Office of the Special Trustee. After approximately two hours of debate the House of Representatives passed the Claims Settlement Act of 2010 today.

Get the full story here. Click here for the Department of Justice press release.

-Carolyn

Bureau of Prisons Pilot Program to Incarcerate Tribal Prisoners in Federal Prison

FOR IMMEDIATE RELEASE
ASG

FRIDAY, NOVEMBER 26, 2010
(202) 514-2007

WWW.JUSTICE.GOV <http://WWW.JUSTICE.COM>
TDD (202) 514-1888

BUREAU OF PRISONS IMPLEMENTS KEY PROVISION OF TRIBAL LAW AND ORDER ACT
WITH PILOT PROGRAM TO INCARCERATE TRIBAL PRISONERS IN FEDERAL PRISONS

WASHINGTON - The Department of Justice Federal Bureau of Prisons today implemented a key provision of the Tribal Law and Order Act of 2010 by launching a four-year pilot program to begin accepting certain tribal offenders sentenced in tribal courts for placement in Bureau of Prisons institutions.

The pilot program allows any federally recognized tribe to request that the bureau incarcerate a tribe member convicted of a violent crime under the terms of Section 234 of the Tribal Law and Order Act and authorizes the bureau to house up to 100 tribal offenders at a time, nation-wide. By statute, the pilot will conclude on Nov. 26, 2014.

"The launch of the Bureau of Prisons pilot program is an important step forward in addressing violent offenders and under-resourced correctional facilities in Indian country," said Associate Attorney General Tom Perrelli. "This is one step among many to bolster the safety and security in tribal communities. Under the landmark Tribal Law and Order Act of 2010, the Justice Department will continue to work with our tribal partners on a multilateral approach that includes better law enforcement training, enhanced treatment and prevention programs, and improved tribal crime data gathering and information sharing."

In anticipation of the Tribal Law and Order Act, Attorney General Eric Holder in January 2010 directed all U.S. Attorneys' Offices with districts containing Indian country (44 out of 93) to: meet and consult with tribes in their district annually; develop an operational plan addressing public safety in Indian country; work closely with tribal law enforcement on improving public safety in tribal communities, and to pay particular attention to violence against women in Indian country and make prosecuting these crimes a priority. The Justice Department routinely briefs Congress, and state, local and tribal governments on the progress of the Tribal Law and Order Act implementation.

A fundamental goal of the Bureau of Prisons is to reduce future criminal activity by encouraging inmates to participate in a range of programs that have been proven to help them adopt a crime-free lifestyle upon their return to the community. Accordingly, the bureau provides many self-improvement programs, including work in prison industries and other institution jobs, vocational training, education, substance abuse treatment, parenting, anger management, counseling, religious observance opportunities and other programs that teach essential life skills.

Additional information and referral materials on the bureau's pilot program may be found here. To review the Tribal Law and Order Act, click here.

# # #

-Carolyn

Alleged FAKE INDIAN Ward Churchill loses his appeal over firing from CU for fraud and plagiarism

You can find the full story HERE in the Denver Post online.

For those who need reminding, Churchill claims to be an Indian, but has never been able to prove it in any way.  Despite that, he taught Ethnic Studies at University of Colorado, until he wrote an essay which brought him to the attention of the press and politicians.  CU investigated whether or not the essay was protected by the First Amendment (it was), but during that investigation, other charges where brought forth, with support and evidence, that Churchill committed plagiarism and fraud in his scholarly publications, which led to him being fired for good cause.

A lower court in Colorado denied his effort to get his job back, which has now been upheld by the Colorado Court of Appeals.  His lawyer promises to take it all the way to the US Supreme Court if necessary.  

Purely editorial comment - good luck with that, Mr. Churchill...let us know how that turns out for you.

As to the question as to whether Mr. Churchill is actually Indian or not, HERE is a story on that issue.  Enjoy.

twp

Fifteenth Ask Elouise Letter

Ask Elouise
November 22, 2010

Dear Indian Country

This is the fifteenth letter in a series of open letters that I’m
sending to Indian Country. The purpose of this letter is to update you
about the settlement.

Since my last Ask Elouise letter (September 30, 2010), I and our
representatives have been frequently meeting with both Republican and
Democratic Members of Congress and their staffs. We have been
advocating on behalf of our settlement legislation and its importance
to over 500,000 individual Indians. The Senate has been a particularly
difficult hurdle, having stripped us off of numerous pieces of
legislation on multiple occasions for unrelated political reasons.

However, after almost 12 months of working with the Senate, it is with
great pleasure that I can share good news with you – on Friday,
November 19, the Senate unanimously passed legislation authorizing our
settlement. The settlement was revised by the Senate to increase the
distribution fund by $100 million and ensure that the neediest members
of the class are treated fairly. One hundred Senators voiced their
support and voted to pass legislation that will approve this landmark
settlement. It is not possible to overstate this unprecedented vote of
approval in the Senate. In an era of political gridlock and acrimony,
and less than a month following one of the most contentious and
difficult elections in recent memory, our settlement enjoys the
unanimous support of the Senate. I’d like to extend my personal
appreciation to each member of the United States Senate and their
staffs, but especially to Majority Leader Harry Reid of Nevada, Senate
Indian Affairs Chairman Bryon Dorgan of North Dakota, Senate Indian
Affairs Vice Chairman John Barrasso of Wyoming, Sen. Max Baucus of
Montana, Minority Whip Jon Kyl of Arizona, Sen. Jon Tester of Montana,
and Sen. Chuck Grassley of Iowa.

But, our work is not done.

Our settlement legislation must be passed by the House to be enacted.
This is no sure thing for reasons that I mentioned above. We must be
vigorous and redouble our efforts in the closing days of this
Congress. If legislation is not passed by the close of this Congress,
the Senate approval will be nullified and the settlement agreement
will terminate. There is no hope of passage in the next Congress that
begins in January. We need everyone to call or write his or her
representatives before Congress returns from Thanksgiving recess on
November 29 and urge them to pass the Cobell legislation before the
end of this Congress. You may find contact information for your
representative by clicking here:

https://writerep.house.gov/writerep/welcome.shtml

Be sure to state in your email:

Please support and vote yes for the Cobell settlement legislation
contained in HR 4783 (as passed by the Senate), the Claims Resolution
Act of 2010.

Thank you, in advance. Every communication with your representative is
important and let Congress know Indian Country will be heard!

Prior Ask Elouise letters can be found on the settlement website:
http://cobellsettlement.com/class/ask_elouise.php. We also have a
“frequently asked questions” section while includes the most common
questions we’ve received as well as questions and answers from prior
Ask Elouise letters: http://cobellsettlement.com/press/faq.php. With
so many members of the class, I can’t answer every question that you
send.

The most common question I receive every week relates to whether a
particular person is included in this settlement. Unfortunately, I do
not have that information. The settlement agreement provides general
guidelines (see also http://cobellsettlement.com/press/faq.php), but I
also understand that many of you have unique or unusual circumstances,
which make it unclear to me whether you are included in the settlement
class. For those of you who still have questions, I recommend that you
register to receive all Court-ordered communications to ensure you do
not miss important information. There is no need to register if you
are receiving a quarterly IIM statement. The Court ultimately will
determine who is included in this settlement. Registration information
can be found at the end of this and every Ask Elouise letter.

If you are not currently receiving an IIM statement from the
government, please remember to register for correspondence over the
Internet or by calling the number below.
 
Internet: https://cert.tgcginc.com/iim/register.php
Telephone: 1-800-961-6109

If you have a question, send an e-mail to:
askelouise@cobellsettlement.com. Otherwise you can send me a letter to
the address below. To expedite the processing of your letters our
contractor has set up a post office box in Ohio, but I assure you this
letter is coming from me and I will see your letters.
 
Ask Elouise
Cobell Settlement
PO Box 9577
>>> Dublin, OH 43017-4877

Thank you and keep your questions coming!

Best wishes

Elouise Cobell
Browning, Montana

Court jobs open on Fort McDowell Yavapai Nation

The Fort McDowell Yavapai Nation has open positions for Chief Judge and Associate Judge, just announced.  See the respective announcements HERE and HERE.

 

twp

Settlements pass Senate re: Cobell, White Mountain Apache, Crow Tribe in Montana, Aamodt in New Mexico, and Pueblo of Taos in New Mexico

The past two weeks I have been on the road traveling for both work and personal. While I was busy traveling, the Senate was pretty busy as well.

Below are two press releases. The first is President Obama’s regarding the Senate’s passage of the Claims Settlement Act of 2010 and the second from Department of Interior Secretary Salazar regarding the settlements. The House is expected to take up the omnibus package after the Thanksgiving recess.

-Carolyn

_____________________________________________________

The White House

Office of the Press Secretary

For Immediate Release

November 19, 2010

Statement by the President on the Senate Passage of the Claims Settlement Act of 2010

I applaud the Senate for passing the Claims Settlement Act of 2010, which will at long last provide funding for the agreements reached in the Pigford II lawsuit, brought by African American farmers, and the Cobell lawsuit, brought by Native Americans over the management of Indian trust accounts and resources.  I particularly want to thank Attorney General Holder and Secretaries Salazar and Vilsack for their continued work to achieve this outcome.  I urge the House to move forward with this legislation as they did earlier this year, and I look forward to signing it into law.

This bill also includes settlements for four separate water rights suits made by Native American tribes.  I support these settlements and my Administration is committed to addressing the water needs of tribal communities.  While these legislative achievements reflect important progress, they also serve to remind us that much work remains to be done. That is why my Administration also continues to work to resolve claims of past discrimination made by women and Hispanic farmers against the USDA. 

_____________________________________________________

Secretary Salazar Lauds Senate Passage of Five Historic Indian Country Settlements to Resolve Cobell Litigation and to Deliver Clean Water to Indian Communities

11/19/2010

Contact: Kendra Barkoff (DOI) (202) 208-6416

Washington, D.C. - Secretary of the Interior Ken Salazar today lauded Senate approval of legislation to authorize implementation of the Cobell Settlement, a $3.4 billion agreement that will resolve the long-running and highly contentious class action lawsuit regarding the U.S. government's trust management and accounting of individual American Indian trust accounts.

Salazar also commended the Senate for approving four major water rights settlements – totaling more than $1 billion - for American Indian tribes that will help deliver clean drinking water to Indian communities and provide certainty to water users across the West. The settlements were included in an omnibus package that cleared the Senate today.

“With the Senate’s approval of the Cobell settlement and the four Indian water rights settlements, this is a day that will be etched in our memories and our history books,” said Secretary Salazar. “The Cobell settlement honorably and responsibly addresses long-standing injustices and is a major step forward in President Obama’s agenda of reconciliation and empowerment for Indian nations. I am also deeply proud of the passage of the four water rights settlements that will deliver clean drinking water to Indian communities, end decades of controversy and contention among neighboring communities, and provide certainty to water users across the West. The progress we have made over the last two years in reaching critical Indian country settlements is unprecedented and I am hopeful that the House will soon act to pass these settlements as well.”

“The water settlements that passed today are nothing short of historic for Indian nations,” said Assistant Secretary for Indian Affairs Larry Echo Hawk. “The parties to these settlements are to be commended for their willingness to work together rather than stay locked in an endless cycle of litigation. These settlements will meet the needs of tribes as well as neighboring communities through provisions for sharing shortages and investing in critical infrastructure needs.”

Background on the Cobell Settlement

Over the past 14 years, the class action litigation, filed by Elouise Cobell in 1996, included hundreds of motions, seven full trials, 22 motions and dozens of rulings and appeals. Under the negotiated agreement announced on Dec. 8, 2009, litigation would end regarding the federal government’s performance of an historical accounting for trust accounts maintained by the United States on behalf of more than 300,000 individual Indians. A fund of $1.4 billion would be distributed to class members to compensate them for their historical accounting claims, and to resolve potential claims that prior U.S. officials mismanaged the administration of trust assets.

In addition, to address the continued proliferation of thousands of new trust accounts caused by the "fractionation" of land interests through succeeding generations, the settlement establishes a $2 billion fund for the voluntary buy-back and consolidation of fractionated land interests. The land consolidation program will provide individual American Indians with an opportunity to obtain cash payments for divided land interests and free up the land for the benefit of tribal communities.

Additional Information is available at the following sites: www.cobellsettlement.com. The Department of the Interior website: www.doi.gov. The Office of the Special Trustee website: www.doi.gov/ost.

Background on the Four Indian Water Rights Settlements that Passed Today

Federal law provides that Tribes have a right to water to meet the needs of their reservations. These rights can be quantified through either litigation or settlement. The Obama Administration has re-energized the federal government’s commitment to addressing the water needs of Native American communities through Indian water rights settlements. Following negotiations involving States, Tribes, and other stakeholders, all four of the settlements approved today were supported in letters sent by the Administration. This level of Administration support for Indian water rights settlements in a single Congress is unprecedented.

The four settlements contained in the legislation approved by Congress today include:

White Mountain Apache Tribe in Arizona: The centerpiece of the settlement is the construction of the White Mountain Apache Tribe rural water system, which will greatly expand the current water delivery system to meet the very critical needs of the reservation.

Crow Tribe in Montana: This settlement will ensure safe drinking water for the reservation as well as provide for the rehabilitation of the Crow Irrigation Project, which is in a dire state of disrepair. The existing drinking water system on the Crow reservation has significant deficiencies in capacity and water quality that have resulted in health problems.

Aamodt in New Mexico: The Aamodt settlement ends one of the longest running water rights cases in the federal court system, with nearly 43 years of litigation yielding little in the way of results. The settlement provides for the construction of a regional water system to serve the Pueblos of Tesuque, Nambe, Pojoaque, and San Ildefonso as well as surrounding communities in northern New Mexico, with a non-federal cost share of 40 percent.

Pueblo of Taos in New Mexico: The Taos settlement solidifies and makes permanent water-sharing arrangements between the Pueblo of Taos and neighboring communities. The settlement also protects and restores the Pueblo of Taos’s Buffalo Pasture, a culturally sensitive and sacred wetland.  

Following action in the Senate, the House is expected to take up the omnibus package after the Thanksgiving recess. The Department of the Interior would begin implementation of settlements once they are signed into law by the President.

###

Missouri Senator Claire McCaskill goes after Alaska Native Corporations....again...

Claiming an intent to "curb waste and abuse," Senator McCaskill (D, Missouri) has introduced a bill that would strip the Alaks Native corporations of certain special provisions designed to assist them obtain government contracts under the SBA 8(a) program.

Given the current political environment, will the bill go anywhere?  Who knows......but it bears watching.

See the full story HERE.

 

twp

You're kidding, right? Tribal chairman loses election, refuses to give keys...

Talk about a sore loser.....

Members of the Santa Ysabel Band of Mission Indians elected a new tribal leader earlier this month, but Chairman Johnny Hernandez has refused to relinquish his power, tribal members say.

Hernandez's refusal is the latest in a series of internal feuds for the North County tribe, whose reservation is located near Lake Henshaw. Tribal members elected Virgil Perez as their new chairman on Nov. 7, two tribal members said.

The tribe also re-elected Vice Chairwoman Brandie Taylor, whom Hernandez tried to fire last year. Perez and Taylor will be sworn in on Dec. 5.

Following the election, Hernandez refused to give the keys to the tribal hall to the new chairman or allow him access to tribal records. Perez and Taylor asked the Intertribal Court of Southern California on Monday to force Hernandez to turn over the keys and abide by the election results.

 

See the full story HERE.

 

twp

 

Upcoming Indian Law CLE....to include Your Blog Co-Editor

The Chickasaw Nation Bar Association will conduct its annual CLE conference on December 1, 2010, at the Riverwind Casino in Norman, Oklahoma.  The CLE will run from 8AM to 5PM, and include presentations on the Chickasaw Nation's courts and laws, the Indian Child Welfare Act, Crime in Indian Country, the Tribal Law and Order Act, and Oklahoma Compact Issues.  Hopefully the highlight of the Conference will be the session on Crowe Dunlevy v. Stidham, aka The Thlopthlocco Disaster, with yours truly on the panel.  Also on the panel will be Mr. Michael McBride, from Crowe Dunlevy, to present the firm's side of the case and issues.  Should be......most interesting......

For more information, you can contact ms. Ginger Sanders of the Chickasaw Nation District Court at ginger.sanders@chickasaw.net.

twp

Congratulations to our friends in the Muscogee (Creek) Nation, who now have their Council House back

From the Tulsa World:

 

OKMULGEE - More than 130 years after it was built as the Muscogee (Creek) Nation's capitol building, the Council House, a two-story stone and wood building in downtown Okmulgee, once again belongs to the tribe. The historic building was built in 1878 by the Creek people before the U.S. Department of Interior took possession of it and sold it to the city of Okmulgee in 1919 for $100,000. Since then, it has housed a sheriff's office, a Boy Scout meeting room, a YMCA and the Creek Council House Museum, which took over the entire building in 1971. The city agreed in August to sell the Council House back to the Creek Nation for $3.2 million. The tribe will hold a ceremony Saturday commemorating the repossession of the Council House starting at 10 a.m.

 

Read more from this Tulsa World article at http://www.tulsaworld.com/news/article.aspx?articleid=20101115_11_A13_CUTLIN80706

 

twp

Don't forget........

Interdepartmental Tribal Justice, Safety and Wellness Session #12

Join us for the Interdepartmental Tribal Justice, Safety and Wellness Session #12 on December 6-7 at the Palm Springs Convention Center in Palm Springs, CA. There is no registration fee.   **Important Notice: Scholarships are still available for this session, please contact Laurie Hulm for more information at (701) 250-0728 or toll free 1-800-568-9346 or email your request. Thank you.     Who Should Attend? Elected Tribal Leaders Executive Directors Finance and Grant Administration Officers Grantee Officers Grant Writers and Tribal Planners Justice and Law Enforcement Personnel Key Policy Decision Makers Social Service and Child Welfare Staff Tribal Administrators Tribal Healthcare and Behavioral Health Providers Tribal Community Development Programs Tribal Planners Tribal Program Project Coordinators     Interdepartmental Tribal Justice, Safety, and Wellness Partners U.S. Department of Justice (DOJ): Office of Justice Programs (OJP), Community Oriented Policing Services (COPS), Native American Issues Subcommittee (NAIS) in the Executive Office of U.S. Attorneys (EOUSA), Office of Tribal Justice (OTJ), and Office on Violence Against Women (OVW) U.S. Department of Health and Human Services (HHS): Substance Abuse and Mental Health Services Administration (SAMHSA), Indian Health Service (IHS), Office of Minority Health (OMH) in the Office of the Secretary U.S. Department of the Interior (DOI): Bureau of Indian Affairs (BIA) U.S. Department of Housing and Urban Development (HUD): Office of Native American Programs (ONAP) Small Business Administration (SBA): Office of Native American Affairs Corporation for National and Community Service (CNCS)     We look forward to reporting our progress on past consultation topics and providing you with the latest information about our respective activities. See you in Palm Springs!     When Monday, December 6, 2010 7:30 AM - Wednesday, December 8, 2010 5:30 PM Pacific Time

 

Office of Justice Programs 2011 Summer Intern and Enrichment Program

OJP will host its 2011 Summer Intern and Enrichment Program beginning in May 16, 2011. The internship vacancy announcement is open for 16 days, beginning November 8 – 24, 2010.

Please forward to students who are in undergraduates and graduates and other interested students. Positions will be filled at the GS-4 through GS-9 levels, commensurate with the student’s academic and professional experience. Interested undergraduate or graduate students may apply via www.usajobs.gov – announcement numbers JP-11-018-SUM or JP-11-020-SUM. Students may also access the vacancy announcement for the GS-4 positions or the GS-5 through- GS-9 positions directly through AVUE.

Offers of summer employment are subject to funding availability for an anticipated total of 25 positions. Additionally, interns may not serve in the same immediate office or chain of command where a family member (parent, step-parent, guardian and/or sibling) is currently employed.

Questions regarding the Summer Intern and Enrichment Program may be directed to Human Resources’ Angela Noel Gantt or Wanakee Carrington. (contact information below). Additionally, OJP does not provide housing. The applicant will have to identify housing through its educational institution, alumni association, family and friends or through the local universities such as American University, George Washington University, or local realty office which provide rental listings.

Indian Country Activities For those in Indian Country, the Office of Justice Programs (OJP) is the primary funding arm of the U.S. Department of Justice. It provides resources to state, local, tribal governments, organizations, non-profits, and educational institutions addressing crime prevention, victimization resources for local services, research on violence and victimization and crime/victimization statistics.

Specifically, OJP provides resources through the Tribal Court Assistance Programs, Building of Correctional Facilities in Indian Country, Indian Alcohol and Substance Abuse Prevention Program, and other areas.

Office of Justice Programs’ Organization Description:

The Office of the Assistant Attorney General sets policy and priorities, coordinates the activities of the Bureaus and Offices, and ensures that OJP policies and programs reflect the priorities of the President, the Attorney General, and the Congress.

The Bureau of Justice Assistance supports law enforcement, courts, corrections, treatment, victim services, technology, and prevention initiatives that strengthen the nations criminal justice system. The Bureau of Justice Statistics collects, analyzes, publishes, and disseminates statistical information on crime, criminal offenders, crime victims, and criminal justice operations.

The Community Capacity Development Office promotes comprehensive strategies to reduce crime and revitalize communities. CCDO helps communities help themselves, enabling them to reduce violence and drug crime, strengthen community capacity to increase the quality of life, and promote long-term community health and resilience. The National Institute of Justice is the research and evaluation arm of the Department of Justice, and is dedicated to researching crime control and justice issues.

The Office of Juvenile Justice and Delinquency Prevention provides national leadership, coordination, and resources to prevent and respond to juvenile delinquency and victimization by supporting states and communities in their efforts to improve the juvenile justice system.

The Office for Victims of Crime works to enhance Americas capacity to assist crime victims by helping to change attitudes, policies and practices by supporting a wide range of activities using the Crime Victims Fund, such as victim compensation and assistance services.

The Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking Office assists states, local governments, tribal governments, and other public and private entities in relation to sex offender registration, notification, and other measures for the protection of the public from sexual abuse or exploitation.

The Office of Audit, Assessment, and Management ensures financial grant compliance and auditing of OJPs internal controls to prevent waste, fraud, and abuse; conduct programmatic assessments of DOJ grant programs; and serve as a central source for grant management policy.

The Office of Administration serves as the principal advisor to the Assistant Attorney General for OJP on matters involving human resources, contracting and procurement, property and space management, and the maintenance, safety, and security of facilities.

The Office of the Chief Financial Officer serves as the principal advisor to the Assistant Attorney General for OJP on matters involving fiscal policy guidance and control, and supports accounting, budgetary, financial and grants management, and claims collection services.

The Office of the General Counsel provides legal advice and guidance on all agency operations and on a variety of diverse legal questions arising under grants, contracts, and statutes and regulations governing the expenditure of federal grants or contract funds.

The Office of Communications works to develop and implement a strategic communications plan in support of the OJPs priorities. The three OCOM teams work with OJP bureaus and offices to coordinate communication and activities with the Congress, Media, & Stakeholders.

The Office of the Chief Information Officer provides information technology leadership, guidance, and implementation that advances the OJPs mission, improves management effectiveness and ensures effective internal controls.

The Office of Equal Employment Opportunity oversees three program areas that work together to promote a work environment that is fair, diverse, and free of harassment: Affirmative Employment (including outreach, EEO training and education), Special Emphasis Programs, and Discrimination Complaint Processing.

The Office for Civil Rights ensures that recipients of financial assistance from OJP, and Office of Community Oriented Policing Services (COPS) are not engaged in prohibited discrimination and to secure prompt and full compliance with all civil rights laws and regulations.

-Carolyn

One of the few times I'll actually wish I was in Washington, D.C. - a happening at NMAI

Centuries of Change: State of the Native Nations Symposium
Friday, November 12
10 AM–6 PM
National Museum of the American Indian
Rasmuson Theater
4th Street and Independence Avenue, SW, Washington, D.C.

This program will also be webcast live.

 program guide    program flyer

Centuries of Change: State of the Native Nations addresses recent international trends in the search for pragmatic indigenous and nation-state solutions developed with the Native peoples of the Americas. It takes a particular look at the work of the Organization of American States with respect to the human rights, land rights, and civil rights of indigenous peoples. With the bicentennials of several Latin American countries taking place in 2010, as well as the 100th anniversary of the iconic House of the Americas—seat of the Organization of American States—and the fall anniversary of the opening of the National Museum of the American Indian, it celebrates a year full of historical remembrance. Co-sponsored by the Organization of American States.

Reception to follow in the museum’s Potomac Atrium.

To RSVP or for more information, please email NMAI-SSP@si.edu.

 

The Northern Plains Native American Housing Needs Outreach Session

The Northern Plains Native American Housing Needs Outreach Session - December 1-2, 2010 - Westin Westminster Hotel - Westminster, Colorado

Register by calling 877-294-1264, Ext. 40 or visit www.thecmiteam.com/events/housingneeds*

*The webpage link is NOW active.  If you have any questions, please contact the NPONAP at 303-672-5465.

In this session, you will have the opportunity to:

• Influence the design of a national study on Indian Housing
• Learn about the Native American Housing Needs Study mandated by Congress.
• Tell the story of Indian Country
• Housing needs have broadened with emerging concerns about sustainability, healthy/green communities and housing’s role in economic and community development.
• Create strategies for action and change
• Work in structured, interactive breakout sessions with tribal representatives and public and private stakeholders on issues, barriers and actions to develop a new approach to sustainable communities.

 -Carolyn

CLE on Natural Resources Development on Indian Lands

Rocky Mountain Mineral Law Foundation presents:

Special Institute on Natural Resources Development on Indian Lands

Sheraton Albuquerque Uptown

Albuquerque, New Mexico

March 3-4, 2011

The Rocky Mountain Mineral Law Foundation is pleased to present this special institute providing a practical, detailed look at natural resource development in Indian country. Whether it is a conventional oil and gas or mining development, or a renewable energy project, development in Indian country requires a clear under­standing of applicable federal and tribal laws.

A faculty of experts from the federal government, tribes, industry, and NGOs will provide an understanding of both federal and tribal law requirements, and will provide updates on current developments. Day 1 of the program will give an overview of the fundamentals of successful natural resource development projects in Indian country. Following that overview of the basics, the program will turn to more detailed examination of the management of cultural resource issues, rights-of-way across tribal lands, the role of tribes and tribal entities as entrepreneurial participants in resource projects, and incentives for renewable energy projects in Indian country.

Day 2 of the program will provide an in-depth look at the issue of the scope of tribal regulatory and adjudica­tory jurisdiction over non-members, and an examination of the latest case law concerning the identification of “Indian country.” The balance of Day 2 will focus on areas of significance to project development: tribal, state, and federal taxes and deal structure and drafting considerations to mitigate those taxes; Indian water rights claims; tribal employment preferences and employee protection laws; and environmental permitting and regu­lation in Indian country.

This Special Institute will bring practitioners up-to-date on legal and practical issues impacting resource developments in Indian country.

For more information on this conference or to download the registration form, click here.

-Carolyn

Job Opening: Tribal Court Advocate with Utah Legal Services

Job Title
	Tribal Court Advocate
Job Location
	SLC, UT
Job Type
	Legal - Civil
Organization Information:
	Utah Legal Services
	205 N. 400 W.
	SLC, UT 84103
Position Description:
	Utah Legal Services is currently accepting applications for a tribal court advocate, a paralegal or attorney, to join us in providing high quality legal services to Native Americans in Utah. This position entails representing Native American victims of abuse in obtaining protective orders before Tribal Courts, assisting with Guardian Ad Litem investigations and reports, representing juvenile defendants in criminal matters and providing other legal services in civil matters affecting Native Americans. Clients will be assisted both on and off Utah’s reservations with the exception of the Navajo reservation where these services are provided by DNA People’s legal services for the Navajo Nation. Some travel will be required. This position is made possible by a grant from the Bureau of Indian Affairs that runs through September 30, 2012 and may be renewed at that time.
Requirements:
	This position is for 40 hours per week and pays $12.55 per hour (26,000/year) for a paralegal/tribal court advocate, or $20.80 per hour (43,000/year) for a licensed Utah attorney, depending on experience, and includes a generous benefits package.
How To Apply:
	Resumes and a cover letter must be received by November 12th at jobs@utahlegalservices.org.
Salary:
	26,000 for paralegal, 43,000 for attorney DOE
Submission Deadline:
	11/12/2010

-Carolyn

Job Opening: Director of the Office of Indigent Legal Services

Job Title
	Director of the Office of Indigent Legal Services
Job Location
	Albany, NY
Job Type
	Other
Organization Information:
	Office of Indigent Legal Services
	NY
Position Description:
	New York State Office of Indigent Legal Services Director of the Office The newly established nine-member Indigent Legal Services Board (the “Board”) (created pursuant to New York Executive Law Article 30 § 833) chaired by the Chief Judge of the State of New York is seeking a Director responsible for the day-to-day operation and administration of the newly created Office of Indigent Legal Services ( the “Office”) (created pursuant to New York Executive Law Article 30 § 832). The Director is responsible for monitoring, studying and making efforts to improve the quality of legal services provided pursuant to article 18-B of New York’s County Law in New York State which is comprised of 57 counties and the City of New York. The Director and the Office shall report to the Board. The Director, nominated by the Board and appointed by the Governor, is to serve full-time for a five-year term. The Office will be located in Albany, New York.
Requirements:
	QUALIFICATIONS: The Director must be an attorney with a minimum of 10 years of legal experience and, pursuant to the statutory requirements, have at least 5 years of professional experience in the area of public defense services. In addition, the Director must have substantial administrative and managerial experience. ADDITIONAL SKILLS: The Director should bring to the position a variety of leadership and experiential skills including ideally, participating in the management of a large public defense organization providing representation across a geographically, culturally and economically wide spectrum of communities; knowledge of the problems facing public defense providers and their clients; the ability to develop and implement innovative solutions, such as the promulgation of statewide standards and guidelines for legal services that are meaningful yet sensitive to the needs of the individual counties; the ability to maintain effective working relationships with government officials, the judiciary, the media and the public to secure maximum cooperation in the work of the Office; and excellent and varied communication skills.
How To Apply:
	HOW TO APPLY: All interested candidates meeting the minimum qualifications should submit a resume and cover letter by mail or e-mail to: Toni Cimino, Esq. Office of Court Administration 25 Beaver Street, 11th Floor New York, New York 10004 tcimino@courts.state.ny.us APPLICATIONS MUST BE RECEIVED BY: November 17, 2010 APPLICANTS MUST BE AVAILABLE FOR INTERVIEW IN NYC: November 29 and 30
Salary:
	$100,000-$135,000
Submission Deadline:
	11/17/2010

 -Carolyn

Job Opening: Two non-attorney positions with California Indian Legal Services

Internship Position Available (Paid or Course Credit) – Escondido Office Program Description:  California Indian Legal Services (CILS) is a statewide non-profit organization dedicated to advancing Native American rights.  CILS provides free legal services to low-income Indians, represents tribes and Indian organizations, and uses community education, training, legislative and administrative advocacy, and other strategies to advocate for Indian people in California.  We have a budget of $2.1 Million, four offices and twenty-two staff.  CILS is a dynamic, successful organization entering a new phase in its forty-three year history of serving Native American individuals and tribes. General Description CILS’s Tax Project is designed to help low-income Native Americans file their income tax returns. Through this free service, CILS helps low-income families keep more of their tax refunds by avoiding the fees charged by commercial tax preparers.  We also help taxpayers ensure that special issues affecting Native Americans are correctly reported on their tax returns. Duties and Responsibilities The Internship position is part-time and no specific tax knowledge is required.  The specific duties and responsibilities of the Intern are continually changing and vary over time. The following tasks and projects are examples of the Intern’s duties:  • Phone calls with clients to collect information for input into tax return software. • Assistance with outreach to community members and organizations.   • Research, correspondence, and related administrative support for the Tax Project. • Administrative support for the CILS Escondido office, as needed.    Qualifications • High School diploma required, some college desirable • Excellent writing and oral communication skills • Strong telephone skills • Ability to initiate and complete projects with a minimum of direction or supervision • Strong attention to detail • Familiarity with using web-based computer programs and other related technology  • A commitment to high quality legal services for Indian people • Prior office experience preferred, but not necessary • Availability for 20  hours per week, possibly including some early evening shifts   Salary: $12 per hour (approximately 20 hours per week) or course credit.  This is a non-exempt temporary position lasting from early December 2010 to mid-April 2011.    To Apply: Please submit resume and letter of interest to Angela Medrano, Staff Attorney, California Indian Legal Services, 609 S. Escondido Blvd., Escondido, CA 92025, or fax (760) 746-1815.  E-mail icanapp@calindian.org This e-mail address is being protected from spambots. You need JavaScript enabled to view it.  All applicants will be notified when a final hiring decision is made.   CALIFORNIA INDIAN LEGAL SERVICES IS AN EQUAL OPPORTUNITY EMPLOYER. NATIVE AMERICANS,  MINORITIES AND THE DISABLED ARE ENCOURAGED TO APPLY.  For a .pdf version of this announcement, please click here.

Intake Advocate (part-time) Program Description:  California Indian Legal Services is a statewide, tribally controlled, non-profit corporation that provides legal services to individual Indians, Indian tribes, and Indian organizations on issues involving Federal Indian law.  CILS attorney services range from providing brief counsel and advice to low income Native Americans to more extended representation on core legal issues affecting Native Americans and Indian tribes, to significant litigation, policy analysis and advocacy, to transactional services to tribes involving economic development and tribal infrastructure.  Currently, CILS operates four offices in California. Position Description This is a temporary, part-time position devoted to increasing and enhancing our legal services.  Under direction of the Directing Attorney, the Intake Advocate will work collaboratively with other staff to effectively and efficiently process requests for legal assistance from individuals, tribes, and Indian organizations.  The Intake Advocate will primarily conduct intakes as well as other intake related assignments.  The daily work of the advocate includes: • conducting preliminary interviews with potential clients; • completing intake forms; • presenting intakes at case acceptance meetings; • performing follow-up investigation and research; • drafting client documents under supervision of attorney. Desired Qualifications • Demonstrated interest in poverty law or Indian law and commitment to working with low-income and other disadvantaged clients required. Prefer prior legal services experience. • Highly organized and able to analyze and present ideas clearly and concisely. • Excellent written and verbal communication skills – ability to talk clearly with callers in crisis. • Comfortable with variety of computer programs including web-based case management systems. • Ability to work productively and empathetically with individuals from diverse backgrounds. • Ability to work independently, as part of a team and to take initiative. • Law or paralegal training strongly desired. Salary: Competitive salary D.O.E.  This is a non-exempt temporary, part-time position (up to 20 hours per week with potential for full-time hours based on program needs) lasting from December 2010 to June 2011. To Apply: Please submit resume, cover letter, and writing sample to Patricia De La Cruz-Lynas, Director of Administration, California Indian Legal Services, 609 S. Escondido Blvd., Escondido, CA 92025, (Fax) 916-978-0964.  E-mail hiring@calindian.org This e-mail address is being protected from spambots. You need JavaScript enabled to view it.  All applicants will be notified when a final hiring decision is made.  For a .pdf version of this announcement, please click here. CALIFORNIA INDIAN LEGAL SERVICES IS AN EQUAL OPPORTUNITY EMPLOYER.  NATIVE AMERICANS, WOMEN, MINORITIES AND THE DISABLED ARE ENCOURAGED TO APPLY.  -Carolyn

 

Advocating for Victims' Rights in Tribal Courts

On November 10, 2010, at 2 p.m. ET, OVC will conduct a Web Forum Guest Host Session on advocating for victims' rights in tribal courts.

Dianne Barker Harrold, Tribal Victim Assistance Project Director for Unified Solutions Tribal Community Development Group, Inc., will be available to answer your questions. (OVC) http://ovc.ncjrs.gov/ovcproviderforum/index.asp

-Carolyn

November 2010 is National Native American Heritage Month

On October 29, 2010, President Obama issued the attached presidential proclamation which declares November 2010 to be National Native American Heritage Month.

Additionally, on October 14, 2010, Colorado Governor Bill Ritter, Jr. made the attached honorary proclamation naming November 2010 to be American Indian Heritage Month.

Both proclamations can be viewed by clicking on the links below. I apologize for any neck straining as the result of viewing Ritter’s proclamation. I am not tech savvy enough to figure out how to rotate the PDF upright or maybe it is better to say I do not have the time to figure it out right now. 

Feliz dia de los muertos everyone.

-Carolyn

Download 2010nativeamerican.prc.rel & Download Colorado Proclamation AIHM