United Tribes ) Michigan - Little Traverse Bay Bands of Odawa Indians

LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS 

7500 ODAWA CIRCLE, HARBOR SPRINGS, MI 49740 

From: John Bott — Tribal Councilor 

Date: Feb. 28 and 21, 2012 

TRIBAL COUNCIL TRAVEL REPORT NARRATIVE 

Re: United Tribes Meeting - Lansing, MI 

Please see attached. 

Page 1 of 2

14/10)igan Federally 

Recognized Mbes' 

Hannahville Potawatorni 

Indian Corndinnity 

I(eweenaw Bay 

Indian Community 

(0NT/bur) 

L.EIC: V VA: Nikiert 

Band of Lake Strpe.lior 

Chippewa Indians 

flvternbe0 

Little River Band o 

Ottawa Indians 

(Member) 

Little Traverso bay. 

Bands of Odawa Indians 

(Member) 

Match-.E-.Be-Nash- he-Wish 

E3andof Pottawaterni Inwans 

(Member) 

Notlewaseppi Huron Band of 

Potawatorni Indians 

(Member) 

POkagpil baqd 01 

Pothmnoini Indians 

(tofamber) 

Saginaw Chippewa Indian 

Tap? of 1\11k:hi:gag 

(Mernior) 

Satin Ste Mane Tribe of 

Chippewa Indians 

Bay Mifis Indian Community 

Grand Traverse Band of 

Ottawa and Chippewa 

Indians 

United Tribes of hian 

5453 Hup,INon Rd. Harbor Springs. -18813 

Phone: 517-802-8650 Entail: riet Fax; 23 1 -2-1 

8:00 AM 

8:30 AM 

8:35 AM 

8:45 AM 

8:50 AM 

8:55 AM 

9:00 AM 

9:05 AM 

9:15 AM 

10:00 AM 

10:20 AM 

I 0:40.. AM 

11:10 AM 

12:00 PM 

12;30 PM 

12:50 PM 

1:10PM 

1:30 PM 

1:50 PM 

2:10 PM 

2:30 PM 

2:45 PM 

3:00 PM 

Frank Ettuwageshih, LreiJiliVe lyrrcretr,r 

c-eting Agenda, February 28 and 29, 2012, Lansing, Nliciaigan 

'1 uesday 6::00 to 8:00 PM, Wednesday 8:00 to 3:00 Prki 

uesday, February 28, 20.12 

Michil,an It & III, Lansing Radisson Hotel, Lansing MI 

6:00 -8:00 PM Annual On ted TribeS of MI Legislative Reception 

Wednesday, February 29, 202 

Con ference Room, Clark Construction. 3535 Moores: River Drive, Lansing MI 

7;00 Al 8:110 4i .Light Breakfast (prmoded curtesey of (:lark Col4truction) 

Opening Ceremony presentation of flags, opening prayer 

Call to Order, Roll Call, Approval of Agenda — President Romanelli 

'Welcome by ClArl: Construction 

Acknowledinatz k')IS;.-ionSellii • 

Approval or.Mirnil-,.:'!ift0.2.5-2011 :Executive Board, 10-25-201 Meeting °,1 — 

President's Conin-w,i(!-.— Ogema Larry ROManolli 

Treasurer's R.ppori • •• )exier :NIA:Naioara 

Execniivr.71):rectors.1:port 

Dol..Laverdtdt.,. Vrincipal 11o1Irity..Assistnin St• iL,:ri!: tar; - D(')I IA 

f3r/an Nei,dar.d.•-• Comm lorfc.. the :Aoistitarit Secretory irs 

Kellogg. ktundaltin tipOare•-•11avid:Courrsoye•r 

!US (.1:oai,t4,..ivard. Au:N.:diary • Lt. Frenth, il)oughti 

Legal 1.10daw ,Y7 ki:m.1111 

Tribal Loader-> (:)peri Discur;sion 

Prolapsed ResolutiOns: I) TransporiatiOn Funding 

2) Miranda WaSliimm'arok 

luou!k - (provided curtesey of Clark Construction) 

Small Business .1).::‘..,1111o1op• arid .De` eloptiont Conicrs 

Frilm! Consulfunts — Ross Milton, Elaine (lenient 

SAM: (Sof,:i.ety A.rnerical5 Intl Rol Clovernincot Employees) 

D'ointy 

Stoi:.vy Tacig-ei son 

MI DO( -- it ion Ciaramura 

Mt Indian R•11r11::. Pireservaiion Mandoka 

Tr:hal Ago!ctritTu. Rehabilitdiictn St:!/ vices Carol Bergquist 

upd;irE.- 10111 Durkee 

1 rib,:r1 Loado's Opc:n Discussion 

rornalk..i ••• President Rocrutnelli 

Adjourn. 

ti) r■ITCTS, IhrEpieci, preserve Nod ruin/rive intervsts. trenty 

soAcreignty and cultural watt of WI. of Ow witrvign I iRiNn tribeN or 'Michigan Ihrtmglion1 the next seyen pener;i:ions

UNITED TRIBES OF MICHIGAN 

Executive Committee Meeting Minutes, October 25,:2011 

Bodweaadamiinh Room, Three Fires Conference ( 'enter 

Little River Casino Resort, Manistee, Michigan 

8:20 AM 8:32 AM 

.eutive Committee Meeting to Fleet Officers 

Call to t)r1C rH2O 8 'President Luny Romanelli 

Roll Call: Tribes presci — River Band of Ottawa Indians. Little'rse 

and of Odawa Sal dt Sainte. Marie Tribe ofChippewa Indians, Nottawaseppi 

Lit iron Band of Potawatomi Indians, Saginaw (. ...m.i.ppewa Tribe, Lac Vieux Desert Band of 

Lake S uperiryr Chippewa Indians 

UTM President Roma Ili 1 lied tJt elections aver to Executive Dire or 

Ettawageshik. 

NiCiti ri ade by Chairman Joseph Eitrem SSMTCL seconded by Cometimati 

Ron Nelson SC IT, to nominate to Toe reelected for a tWQycar term the current 1:114 

PreAdent, Chaim um the current Vice President, Chairman 

Elmer Mandoka B : the curl%! Set..:relary, President WanVn Chris Swartz 

As there were no other nominaticatas, Executive huawag.eshik called for 

the vote. 6 yes, 0 no, 0 abstain, -4 absent, motion carried. 

UTM 

1\lotion made by CouneitOr Williams LVD, supported lay Chairman. Eitrem 

.11.iiti mac C MeNartiara .LTBBOI to be elected to a two year term as 

,eAs there vvere no other :not; natiorH, Executive Directot Ettawageshik called for 

the -rote. 6 0 tin, 0 abstain, 4 .abzient. motion called, 

UTM. Executive Director Ettawageshik congratulated the newly elected 

Oliviers an ti turned the meeting back to President komanelli. 

Motion made by Chairman Mandoka N.I-IBP1, supported by Chairman E itrem 

SSMTCI to designate :President Romanclii, Treasurer .McNamara, and Executive Director 

Ettawageshik a signers on all UTM banking accounts, 6 yes. 0 no, (I abstain, 4 absent, 

motion. einTied.. 

Motion made by Chairman Eitrern SSMTCI, seconded by 2oorleilor 

LVD to adjourn. 6 yes, () no 0 abstain, 4 absent, motion carried. Meennii„ adjourned 

8:32 AM. 

LiTiVI Secretary KBIC President Swartz 

I)ate: 

DRA ' United Tribes of Executive Committee Meeting Minutes 

OctobN. 25, 2011, Page 1 of 1

UNITED TRIBES OF MICHIGAN 

Meeting Minutes, October 25, 2011 

Bodweaadarniinh Room, Three Fires conference Center 

Little River Casino Resort, Manistee, Michigan 

8:37 AM - 3:20 PM 

837 AM Opening by President Larry Romanelli, Ogema Little River Band of awa Indians 

Opening by song by Director Ettawageshik 

Prayer by Chairman Dexter McNamara, Little Traverse Bay Bands of Odawa Indians 

Call to Order: 8:45 AM by President Romanelli 

Roll Call: Present. — Lac Vieux (Desort Band of Lake Superior Indians (LVD), Little River 

Band of Ottawa Indians (LRBOI), Little Traverse Bay Bands of Odawa Indians LTBB), 

Nottawaseppi Huron Band of Potawatomi Indians (NHBPI), Saginaw Chippewa Indian 

Tribe of Michigan (SOT), Sault Ste Marie Tribe of Chippewa Indians {SSW 

Approval of Agenda 

MOTION: To approve the agenda for October 25, 2011, by Chairman Mandoka 

NHBPI, supported by Chairman McNamara LTBB, Vote: 6 yes, 0 no, 0 abstain, motion 

carried. 

Approval of Minutes 

MOTION: To approve the minutes of July 27, 2011 by LTBB Vice Chairman 

McNamara, support by MBPI Chairman IVIandoka. 

Corrections: page 1, change vote on minutes from . "the minutes of July 27, 

2011" to "the- minutes of February 23, 2011"; page 2, change "Otter" to "Beebe-Moore" 

Vote: 6 yes, 0 no, 0 abstain, motion carried. 

DRAFT United Tribes of Michigan Meeting Minutes for October 25, 2011 


Acknowledgment of sponsors: Director Ettawageshik thanked new sponsor IVIichigan 

Economic Development Corporation, represented today by Terri Fitzpatrick; he then 

thanked the law firm of Godfrey & Kahn for renewing their support this year, 

represented today by Brian Pierson andJohn Clancy; Ettawageshik also acknowledged 

the tribal sponsors who've donated or pledged this year and gave a. reminder to think of 

UTIVI when preparing next year's tribal budgets, 

President's Comments: President Romanelli announced the newly elected UTM 

Executive Board Officers from the Executive Board rreetine held :just prior to the current 

meeting. Reelected were Ogema Larry Rom ane111, LRBOI, UTM President; Chairman 

Homer fVlandoka, NHBPI, UTM Vice-President; President Warren Chris Swartz, KBIC, 

UTM Secretary. Elected for a first term, Chairman Dexter McNamara, LTBB, is the new 

UTM Treasurer. President Romanelli reminded everyonethat the new officer terms 

start at the close of today's meeting. 

Finance Report: In the absence of UTM Treasurer D.K, Sprague, Director Ettawageshik 

gave the finance report that starts on page 6 of today's meeting packet, He went over 

the account balances and the up-to-date profit and loss statement and rioted that a full 

transaction report is included He reported that as of October 1, 2011 we have 

$39,510.49 in our bank ac.countS, Our income from sponsorships, both tribal and 

corporate, was $105,850 for the fiscal year just ended, with $80,451.71 in expenses for 

the same period: 5SM Councilor Abramson inquired how we go about soliciting funding 

from the tribes. President i ori,a.nelli said that we will be sending a letter to the tribes 

requesting funding. President Romanelli then called for a motion to accept the Finance 

Report. 

MOTION: To approve the Finance Report for October 25, 2011, by Chairman 

McNamara LTBB, supported by Chairman IVIandoka NHBPI. Vote: 6 yes, 0 no, 0 

abstain, motion carried. 

Executive Directors Report: Director Ettawageshik referenced his written report and 

noted that an item not in the report was the signing of a Membrandum of 

Understanding with the Michigan Collaborative for Civil and Human Rights, approved at 

DRAFT United Tribes of Michigan Meeting Minutes for October 25, 2011. 

Page 2 of 7 

L?

our last meeting. He said that he has been attending the Collaborative meetings but 

noted that there was a scheduling conflict with today's UTM meeting, 

He also announced that the meeting between the Tribes and President Obania 

will be on December 2, 2011, NCAI has announced several days of preparatory 

meetings during the week leading up to the meeting with the President. Several of the 

potential discussion items for the meeting were reviewed, 

Director Ett:aw;ii;,:ed-Li< gave an overview of the items in his written report, 

President Romanelli discussed the requested action items in the Executive 

Directoi's Report. He also asked about an email he received the day before from the US 

Department ofi u requesting tribal leader input on the eagle feather issues. 

Director Ettawageshik answered with information from .a conference call last week of 

the Eagle Feather Working Group at NCAI and encouraged all leader to prepare 

responses on this important issue. 

MOTION: To accept the Executive Director's Report for October 25, 2011, by 

Chairman Mandoka NHBPI, supported by Chairman McNamara I.TBB. Vote: 6 yes, 0 

t o, 0 abstain, motion carried. 

MOTION: To adopt. Resolution 016-10-25-2011 to Establish the Annual Meeting 

Schedule for the United Tribes of Michigan, by Richard Williams, LVD, support by 

Chairman Mandoka NFIBPI. Vote: 6 yes, 0 no, 0 abstain, motion carried. 

MOTION: To approve travel exp:enses for UTM Executive Director to attend the 

MAST meeting in Iowa in November or December, 201.1, by Chairman Mandoka 

NHBPI., supported by Chairman Eitrem, SSM. Vote: 6 yes, 0 no, 0 abstain, motion 

carried. 

Building Strong Sovereign Nations Training: Emily Proctor, John Amrhein, Julie Pioch -- 

Each introduced themselves and then reported on yesterday's third BSSN training for 

newly elected and appointed tribal leaders and officials held at Little River Casino 

Resort. This was a smaller, sustainable format than what was done in previous years. It 

DRAFT United Tribes of Michigan Meeting IVIinutes for October 25, 2011 

e3of7

was announced that this will be -held in conjunction each year with the annual fall 

meeting of United Tribes of Michigan:. 

Legal Update: Brian Pierson and John Clancy of Godfrey & Kahn — Brian gave an 

overview of several current issues on the federal level, He reported an the recent 

Supreme Court decision that appears to have ended the era Of land recovery or 

awarding of damages in land claim cases based on-the Indian Non-Intercourse Act, John 

Clancy then spoke about mining issues in Wisconsin that their firm is working on and 

how this has effects for tribes in Michigan. He outlined suggested avenues for tribes in 

fighting or guiding .proposed mining operations near tribal lands:. The principle, issues 

are long-term environmental degradation such as groundwater contamination and air 

pollution, and the preservation of sacred sites, Tribes' special status as federally 

-recognized tribes allows them access to the NEPA process as cooperative.agehcies for 

the mine approvals and creates the ability to invoke the trust responsibility of the 

federal departments and agencies. He talked about the right of tribes to be treated as 

"cia.ss rstatus" under the Clean Air Act and the right of tribes to be treated as -states 

under both the Clean Air Act and The Clean:Water Act. 

A question was asked about the natural gas frackIng.Process and would the above tools 

assist in dealing with thislssue,. John responded, yes, these tools would be very helpful. 

Break: President Romanelli called for a 20 minute break at 10:2(1 He reminded anyone 

with questions for our dinner presenter from last night that Robert Weaver of RW1 

Benefits is still her to address tho.:,e questions during the break, President Rom::,:nelli 

acknowledged the check from RWI Benefits and thanked them for their sponsorship. 

10:45 National Center for American Indian Economic Development: Margo Gray- 

Proctor and'Eric Trevan Erie (a citizeit of MBPI of Ml) is the Executive Director of 

NCAIED. He introduced NCAIED and gave an overview of its activities, NCAIED works all 

across Indian Country to promote economic development, especially working on 8(a) 

contracting. They are working on international trading opportunities for Indian Country 

through a Native American Global Trade Center, They promote "Native to Native" 

business, He then introduced NCAIED Chairwoman, Margo Gray-Proctor. 

Chairwoman Gray-Proctor said that although NCAIED is best known forthe REZ 

Conference, what they do all year is also exciting. She then spoke about REZ Conference 

and the contribution it has made to getting contracts for Indian Country. She said that 

they have assistance for native businesses all the way from start ups to NCAIED's Billion 

DRAFT United Tribes of Michigan Meeting Minutes for October 25, 201:1 


Dollar Roundtable. She made a pitch for tribes to invest in NCAIED and its projects. 

Following a short video presentation she concluded with an offer to come back to UTM 

for further training and information sessions. 

Michigan Indian family Preservation Act: Chairman Homer Mandoka and Karyn 

Ferrick, MI DHS. Director of Legislative Services. Chairman Mandoka gave an overview 

of the four year collaboration process that developed the draft act. He then introduced 

KarynFerrick who spoke about the legislative process that we are now embarking upon. 

She said the Senator Judy Emmons will introduce the legislation. She chairs the Senate 

Seniors and Human Services Committee. to which this bill will be assigned, In the House 

it will be referred to the House Families, Children and Seniors Committee, chaired by 

Representative Ken Kurtz. 

MOTION: To approve resolution 01740-25-2012 United Tribes of Michigan 

support for Enactment of Michigan Indian Family Preservation Act by the Michigan 

Legislature by Chairman Mandoka NHBPI, support by Chairman Eitrem SSM, Vote: 6 

yes, 0 no, 0 abstain, motion carried. 

Michigan Department of Civil Rights: — Melissa Claramunt - Melissa gave an update of 

MDCR issues. She spoke of regular meetings with the Tribal Education Directors. 

College Goal Sunday event is annually in February (in 2012 it will be February 12th) and 

there will be a big push throughout Michigan to participate. She talked about bullying 

and statewide forums that are being held to help combat this problem. The Michigan 

Collaborative for Civil and Human Rights has been meeting and she noted that at the 

last UTM meeting Director EttaWageshik was designated UTM representative to the 

collaborative. She then commented on the recently completed Hate Crimes Conference 

as being successful. 

She gave a "snap-shot" report on the Michigan Indian Tuition Waiver (MITW) (her full 

hi-annual report willbeready for the next UTM meeting in February). As of October 

20th, 2.490 applicationS have been received and 2142 were approved, leaving an 

approximately 14% denial rate (not eligible or incomplete applications). Some 

discussion followed using data from July's full report with Richard Williams LVD and 

Cathy Abramson SSM concerning what were the reasons for denial. She updated us on 

the two legislative efforts by Representative Agerna and Representative Goike to repeal 

the MITW. 

Tribal Leaders Open Discussion: no discussion as lunch was ready 



Lunch break 12:13 PM to 1:00 PM 

Federal Emergency Management Agency:.— Bill Sulinkas., Regional NIMS Coordinator, 

FEMA region V - Coordinator Sulinkas spoke about FEMA's relations with tribes and the 

agency's consultation policy, He talked about how FEMA programs can assist with tribal 

disaster and emergency mitigation planning and funding. He talked about the 

experiences with Hurricane Katrina and what FEMA learned from that disaster. 

Referencing his handout, he asked us to do the self assessment Mit for our tribal 

communities. 

Director Ettawageshik asked about the process of declaring an emergency for tribes that 

currently requires tribes to go through state governor for the declaration, Is there any 

progress on reforming this policy to allow tribes to declare their own emergencies? 

Director Sulinkas answered that there: is currently a piece of legislation in Congress that 

would address this issue. 

Health issues; Cathy Abramson SSM Tribal Council and President National Indian Health 

Board — She gave an overview of NIHB COMM IliCatiOnS system and funding issues. She 

reported on the recent NIHB Conference in Anchbrage, Alaska. She reviewed 5 

resolutions from the conference: 1) Calls for NIHB to develop alternate tribal funding 

options to IHS funding; 2) Established the National Tribal Youth Health Advisory 

Committee to NIHB; 3) Established National Tribal Public: Health Advisor Committee as a 

standing committee of NIHB; 4) Calk for the creation el a congressional caucus on 

American Indian, and Alaskan Native Health; and, 5) Proposed the adoption of a policy to 

approve and -suppoetfecieral and state policies to make rural health services more 

accessible through the development of the dental therapist provider model, pioneered 

by the Alaska Dental Healthy Therapist Program. Next year's 40th Anniversary 

Conference will be in Denver, Colorado, on September 24th thru 28th, N1HB's original 

home, 

She then discussed the amicus brief that was submitted to the Supreme Court in the 

case questioning the constitutionality of .the Affordable Care Act. She talked about NIHB 

and tribal concerns about the severability of the Indian Health Care Improvement Act 

from the ACA if it is found, in part, to be unconstitutional. 

Cathy attended a recent meeting of the Tribal Health Directors in Michigan which was 

attended by two representatives from the US Veterans Administration, Mary Beth 

Scupien (former SSM Health Director) and Stephanie Birdwell Director of Native 



American Programs. They spoke of establishing better cooperation with tribes on 

veterans' issues. 

She gave an update on the progress in the creation of a Midwest Regional Health Board. 

She feels that this is moving too slowly but believes that it is moving forward. 

Michigan Department of Human Services: — Stacey Tadgerson distributed handout 

materials. She gave an update on DHS programs that affect tribal citizens including the 

tribal consultation agreements. 

Totem Technologies — Native Lands Lottery: John Cataldi, Executive VP for Business 

Development, Don Fiechter, Vic..e, Chairman and CEO We were presented with a 

business opportunity as tribal investors and/or participants in a new nation-wide Native 

Lands Lottery. The Seminole Tribe of Florida is the main tribal investor. Other 

opportunities are there for investments of varying 'amounts. Briefly we were told how 

the system will work, what the legal basis is that would make it poyiibie, and how it 

would work at various tribal sites. Follow up meetings with interested parties were 

offered. 

Small Business Technology and Development Centers:- Nancy Boese, Grand Valley 

State University -- Nancy introduced herself and gave us an outline of the program and 

how it could benefit tribes. She indicated that soon they will be hiring Tribal Business 

Consultant staff in their effort to work directly with tribes. Although based at Grand 

Valley, her program is a contract with Michigan Economic Development Corporation and 

the US Small Business Administration, 

Tribal Leaders Open Discussion: Mike McCoy, talked about the Michigan Indian 

Tuition Waive.r and the dangers faced it) the legislature this session, suggesting that we 

should consider:once i.ombining our efforts and strategies to work to save the 

waiver. 

Closing ReMarks: — President Ronianelli thanked everyone for coming and said that we 

had finished the agenda ahead of schedule. 

MOTION: To adjourn by Richard Williams LVD, support by Chairman • andoka 

NI-111P1; vote: 6 yes., 0 no, 0 abstain, motion carried, 

Meeting adjourned 3:20 PM 



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United Tribes o Michnzan 

5453 thiglistbn Road. llarhor Springs, tvlichigan4'1)740 

PIu 517-802-8650 Email: 1ientro,41!,-.)eltartersiet Fax: 23 (-242-0958- 

Fronk 1.:ttawal,e.shiA,11.veclitive Pirecior 

Executive Director's Report 

brua ry 29, 012 

once again thank Clark Construction .Company for hosting our Februay 

United Tribe.s Meetinp„ They have not only provided the meetin.g space but Ine 

.generously provided are breakfast and lunch on the meeting day as well. 

This past quarter is the busiest each. year fortITM, I've bettii working on the 

nTariv-,einents for the Annual Legislative Reception lbw wtis scheduled for .1.nesday, 

'February- 28, 2012. This year our 1R:4.; V P'!; 1:vere. nearly double. ,vitat they were the 

previous year. The chance to meet and network \vial:the eg...s.,I aiure and other state 

officials was the primary force that. led to the formation ot, thuted fribes. We nave 

cx.ptinded beyond the reception however throu4.,d, the many other connections we have 

been able to make during our regular meetings throughout the cad' year. 

Today's agenda is a full one bat I've tried to work it so we will be able to finish 

widnn the allotted time. We have as our honored guests Principal Deputy Assistant 

Secretary for Interior, Del L.averdure acid Bryan 'Newland, Counselor to the Assistant 

Secretary, 

'United Tribes Financial Information: 

We have had several Sponsorships that have. conic in during this :fiscal yea dun 

started October I, 2011. Tribal sponsorships from Hanrt:ahville and Nottawuseppi hiun 

Band as well as corporate sponsorships .1.0rn Michigan Economic Development 

Corporatio.n., God Kahn, and RW1 Benefits, totaling $38,000„00. I have been told. 

ilw,..se-veral more are in process. Thanks to :All those who have made these sponsorships:. 

Our 1099 Mist: and 1096 formsbeen filed for 2011. We got an extensiwl 

filing the 990 Tax Form due to having to file a long form this year instead of the simple 

post card as for the.previous two years, Godfrey Wise Berg is the accounting firm who 

does this work for us. They are located in East Lansing.. 

Great: Lakes Water Issues: The US Supreme Coin just this past week denied an 

injunction to close the Chicago Sanitary? and Shipping 1 This closure was asked for 

the Michigan and other Great Lakes: States in an attempt stop the onset of Asian Carp 

coming up the Mississippi. This brot.L' going to he a tong tough one but the stakes are 

too high to let up the pressure to find a solution to this problem. T spoke at the 

International Joint Corral iission mectilg in Detroit on October 12'h and 14th. This 

joint meeting of the 1.1C, Great Lakes United and the Healing Our Waters Coalition, 

Preserving the Night !hN: I have previously Nported on the Headlands Park in. Emmet 

County being designated an international Dark Sky Park, the sixth in the US and only the 

ninth in the world. Preserving the view of the night sky is a mailer of cultural 

preservation for Indian Country. Many of our cultural teachings and stories are based in 

viewing the night sky. disorientation that conies from having the sky obscured at 

night by random light pollution is harmful to humans but is also harmful to plants and 

Executive Director's Repot 2-29-2012,

United Tribes fMu ligan 

5453 HuiThston Road. Harbor Staino, 49740 

Phone: 517-802-8650 Eiwith fettawaikenarer.net Fes: 23 1-24%0958 

Frank Eilawagi ,:qiik, Executtre Director 

animals with whom we share this world, Since ifie oriuinal designation the Headlands 

there has been a movement in Northern Michigan 1.0 enlarge this area to other lands in the 

region,. This cifforthas culminated with the introduCtion of HB 54liA in. tire Michigan 

House by Representative Frank Foster from Entine.: County. This bill, i'passed, would 

expand the area desgriated to protect die nig.ht- sky to several. thousands of acres or stale 

Park lands and State Forest lands on the Lake Michigan side Tif the tip of the lower 

peninsula, 

Hu] Laws: I ANW.; incited to speak. on burial and historic preservation issues at 1 

Michigan Anishinabok Cultural Preservation Lind Repatritoior, A] fiance meeting in Bay 

Mills at the end of October. The Lac Vieux. Desert Band k having an ongoing and 

increasingly cl.il1ictrlt t me in keeping one of their cemeteries free from vandals and 

dese,:..rat I on, 

IVIeetirtgs: The December 2011 MAST II weting in. Iowa was cancelled due to a 

e.,!iniliet with the meeting between President Ohm na and Tribal 1...taciers-, 1 atten.d.ed. the 

11.1.30,1 AST consultation meeting held Odawa tic IL'i i i Petoskey on February 1.6 and 

17, 2.012. The next MAST meeting will be the Impact Week in Washington DC in 

March, 

Tribal Leaders INeteetir12-: I arranged and attended a meeting at the request. of the tribal 

leaders on February 2, 2012 that was homed by Little Traverse Bay Bands of Odawa 

Indians at Odawa ilotel in Petoskey. 'fwo proposed resolutions to be considered at 

today's meeting Testified from discussions at .that meeting 

I .qovst. from Bill Lart&eirif: I've attach communications Hhat I received the last two 

days from. Bill I...argent. His letter explains that his company bid on. an: R.. ftorit the 

MEDC and lost. is thinks the process was not fail and he would. like us :ft weigh in on 

this issue. 

NCAI .Executive Board: 

I participated in the monthly NCAI Executive l orrd phone conferences, 'file 

officers and directors for each t f.1he iraer-tribal Organizations in Indian Country are 

invited to attend these calls of the Executive Hoard, There will be a lunch rileCi.ltm rarthe 

inter-tribal organizations in DC at the NCAI Winter Executive Session in early March, 1. 

plan on attending at least of the NCAI session tlhs 

In November, I at-tem:lei:I the NC A1 Annual .Meetifig in Portland, Oregon. The 

resolution on HR. 1505 was dis• cussed and adopted but this issue has faded from the radar 

screen lately, The throat to Indian Country, jurisdiction still exists from the potential 

adoption of this act, 

ii-mtber Working Group:. The DOI. has conic out with their proposed new rule. 

It is not What we were hoping for. I've cirenlated these documents to the LITM ernail list 

Executive Director's R c)-2012, Page 2 of 3

United Tribes of Michigan 

5453 flughsion Road_ilarbor Springs, Pvlieligan 19740 

517-802-8650 foutwalii)eharter.net Fax: 211-242-0958 

Frank Etiagvalmfiik„ Ex'curive Direcwi 

over the last three months, Just before ative Reception a cm:rem -tee call 

of the working group has been scheduled. I hope to have inure to report verbally duritw, 

the 11.Ieetm4 today, 

This discussion originated due to the issues of selective and uneven entoreem rnt 

of federal and. slate laws in regards to nativQ iposession of feathers and bodl,, parts of 

eagles and other protected birds. Chit goal to deternine if we can fix Ishis problem 

through regulatory reform or II we need federal lye action, 

tvliehilitart Bahovativ for Civil and Human Wu_ have been attending these 

meetings and am now a part of tile central subcommile which includes the mid- 

Michigan area. I raised the issue. of border crossing difficulties natives. This was part 

of the immigration. issue discussion .kk eb l said didn't exactly apply to us., we aren't 

immigrants but we still have issues at the border, 

OtlierMovfing4,...!on le:Fence Call/We-bin at Participation.: Over the last three months I 

liavc participated in se \.eral White House calls on Indian Country [SAWS, Deimrtment or 

Encirgy calls and webinars on Energy Development in Indian Coam-y„ and webinars on 

energy and climate change, 

Summit with Governor Snyder: Our next UTM: meting Avila he held in mi unction 

with the ..triballstate sumatit. This might be as early as Mi:ty but no date bec!1 set yet. 

ActionItems: 

1) Resolution sponsored by Chairman McNamara T133, 9upporting Miranda 

Washinawatok. She is the Menominee seventh grader who was discipliwd for speaking 

her Indian language in school. 

2) Resolution supporting passage of the federal transportation funding bill 

containing a tiiir and equitable funding formula. 

3) Approval of travel expenses for UTIVI Executive Director to attend the MAST 

meeting in WalThini,qou DC in March, 2012. 

Respectfully Submitted. 

Frank Ertawageshik, Executive Director 

Executive Director's Repot 2-29-20I2, Page 3 of 3

United Tribes of Michigan 

5453 lint:r:4ton l■ d, Harbor Springs, Michigan 49740 

Phone:. 17-802-8650 iliEmmi fettavvfti61). net Fax: 23. 

31-2iii 

Frank Enalrai,oesnik, EVeClitive Director 

RESOLUTION 11)(18?) ()229.2 t2 

United Tribes of liktolfean Sunparis Palf,s;age ,of Federal Transivriation holden Thai 

Includes a 17 air wit/ Eaidiable Tribal Fundinu:Fornwin 

WHEREAS, the meMboship of United Tribes of Michigan (WA) is open to all of the 

twelve tixiera IN rocognized tribes :located in Michigan: and 

ER.EAS, the orga.nization provides a foruii fi)r. the Tribes in Niliehigan to address 

issues of common concern and is COMP"' itted tojoini:?rcies to .advance„ poitect, preserve and. 

enhance the mutual interests,. treaty rights, sovereign ty,:and culturiA way of lite of tin sovetei.En 

h1.4:11.4111 Tribes of michi.,:;an ttifoughimil the next seven genpraticon.i:. tind 

WHEREAS, UTM i:leccipts the inissioii to engtivo,:ilisa twitter (yr Mtlitliai issue 

that impilet the health, security, safely., and general welfare of: Native Americans; and 

WHERE :),S the US Cortgreis; i :Working minsportation funding 

that includes funding, for transportation in IndianCountry, l he C.:IS:Senate version Has. been 

called i1lAP21 and this version differs in 01[ wayt's from drafts' being considered in the US 

House: and 

WHEREAS the funding.: formula for Indian Country contained M.A1'21 ts KibStaritial 

1.1-01:11 the forr l'lula. in the'existing trail:volution law, This existing Ibrinulti is the result of 

tribally 11qt:oft:lied ruletnaking that involved input from all :1Q. Indian Country, and 

WHER.EAS the funding formula in M.A:P2 I ric:trl all the tribes in Michigan acid 

most of the -tribes in the Midwest .Region would be the reeipients o mild to severe funding cuts; 

and 

WHEREAS theiIntertribol.Transportation Association CITA) with. mei nbersilip that 

across the whole of :Indian country hasrea.ched conSensus statement "VIA opposes the funding 

formula for the -rrp a s desci ifled in MAP-2 1, and is in favor cif k.oeping i:hc Tribally Negotiated 

Rulemaking .formula known as. the HAM as agreed by national Tribal eorisenstis", 

THEREFORE.1.3F', IT RESOLVED, that -the - United Tribes of Michigan supports the 

position of the intertriba I Transportation Association and urges (:::ongFcsit to adopt transportation 

rundim -0s-h.:lion that:retains the existing funding :fi,innuIti for In Country. 

Adopted by a vote of Ta finor,.against, abstaining, _abscn/, rert ti nu.-4?ting, ilk, Unaccl Tribes 

of :ilk liehl rrrr febraar.v 29, 2012, ,:er 

0,1mna Luny Romanelli President Ptitirreil Chris .Sworiz. 

UTAI President Sccreavy 

Pro.posed 

United 'Fribes of .M.i.chipn. Trantiportation Funding Resolution k xix 02-29-2012 


United Tribes ) Michigan 

5453 Hughsion Rd, Harbor Sprinas., Michigan ,Iq740 

Ph ne: 517-802-8650 Entail; fenavyaAcharter.net Fax: 231-242-0958 

FrotrA La an:we:011'A r Evecutive tfrector 

RES .14.,,UTION t xYA: 02-29-2012 

th11:61,4 ?tiles of i(ikhkein Honor Ali/undo! fVashlizaivalok 

'WHEREAS, the. membership of United Tribes of Michigan 0111N) is open to all of the 

twelve leder:111y recognized tribes located in Michigan; and 

'HEREAS, the organ i eriion provides a forum .for -the Tribes in -Mich:Um-111.o address 

issues of common concern and is communed. to joinTOrceS to advance, protect, pre:,erve and 

eniu.ince the trunatal interests, treaty rights, sOvereignty,:i:lind ouitt0i:ti way o lite of the'sovcre., 

Indian Tribes of Michigan; and 

WHEREAS, aCOVIS the mission to engage. I. l matter of mutual cone n. issues 

that impact the health, security. safety, and general welfare: of Native Americans; and 

WHEREAS, one of most important elements olthe preservation and protection elf our 

cultural way of life is the preservation of our tribal iatIgmig,0?;1 and 

theougljout all ofIndian Country are -011COUE.Iging .h Mg, 

:study and use of then. re:speci lye tanguages, amon i)ur youth; tind 

WHEREA...S: Miranda Washirrawatok„ a .seventh grade student and a CC..:ILC.11 Of [he 

Mell0Mille.e: Tribe (d•WisC.onSin, reeCiltly CiSCiptiflOil for Speaking her native language it1 h 

class room at a school 'Where the student body is predominately Menominee. youth: and 

NVH:VRE A S, E .,: s as that taken by the school are detrimental to the well being of 

native students,-the Manorninee :native communities. and Indian (...-ountry as a whole. 

THEREFORE. 1 W.. SOLVIK D. that: the United Tribes of Michigan condemns the 

action taken by the school.' We scud our full support and encouragement to Miranda 

Washinawatok. and her family, wishing fu.n. al1 of them strength and balance in tlie.n: lives. 

Adopted 1,Y)... a :me 07 in 101'01, .41.:W.1. abstaining at a meeting he 

Unite • -ibes Alichigan held in Lan:Ying on February 29. 2012. 

Ogerna Larrjr Romanelli 

President 

— 

17,44 Si:vie/411y 

United Tribes of ichig.an Washinawatok xxx. 02-29-20 .12 


From: Tribal Resource Group [bill@tribalresourcegroupme 

Sent: Thursday, February 23, 2012 6:26 PM 

To: fettawa@charter.net 

Subect: FW: first letter 

Follow Up Flag: Fo11ow up 

Flag Status: Red 

Attaehme ts: United Tribes of Michigan Request letter —20-12.docx 

Frank: 

Attached is the letter requknting the support of the tribes. 

I will follow with a ar rialeletter they might send to MEDC following council approval. 

Thank you for your help. 

Bill 

Page 1 of 1 

file://C:\Doeurnents and Settings\ Frank Ettawageshik\My DoeurnentsIFE Us... 2/28/2012

February 20th, 2012 

Mr, Frank EgUeiwageshik 

Executive Director; United Tribes of Michigan 

4353 Hughston Rd 

Harbor Spring, MI 49740 

Dear Frank: 

Following a year of lobhying, the state of Michigan published a Request for Proposal for a Tribal 

Procurement Strategy Consultant (RFP 3928). The title of the RFP would suggest the emphasis was on 

improving tribal purchasing practices, but as we well know, the st::te has no authority to dictate or 

suggest to tribes how they spend their own money. 

The contents of the RFP however suggested the reai purpose was to develop and eXeC.i.rte a strategy that 

would allow tribes to better leverage their Sovereign status to win federal and private sector contracts, 

thereby benefiting the tribe and surrounding community form exj:Janded employment opportunities and 

increased spending in the rural communities Michigan's twelve recognized tribes reside. 

For more than 15 years, I have been involved in Economic Development and Diversification for tribes 

and Alaska Native Corporations. Following creation of my first business on the Keweenaw Bay Indian 

COmmunity more than 35 years ago, I have served on the board of the Native American Business 

Alliance, been appointed by President Bush to head up the Office of Native American Affairs at the SBA 

in Washington DC with a single focus of expanding and diversifying tribal economies and utilized the 

Comprehensive Econornic Development System to -assist tribes seeking joint ventures, acquisitions or 

recruitment of companies to tribal lands. 

To respond to the RFP, I assembled a team consisting of former automotive executives with global 

manufacturing and sourcing expertise, the former Sr, Manager of GM's Minority Supplier Development 

Office, Jon DeVore, a lawyer more than 25 years of Federal Acquisition Rides experience that served on 

the stall of both Senators Stevens and Murkowski of Alaska, and was district council for the SBA in 

Anchorage. Senator Stevens is to be credited with writing the legislation that gave tribes and ANC's 

access to the SBA's 8(a) Business Development Program and others-with-scores of experience in dealing 

with the private sector, tribes, state and federal government. 

The team also included a Ph.D. Economist with more than 30 hands on economic development 

experience in .Indian Country.

This past January, the contract was awarded to Procurement Constilting Strategies. The Principal of the 

company lists as his credentials eight vears as Chief Procurement Officer for the State of Michigan and 

five years in the same position for Blue Crcrs Blue Shield. 

If in fact the purpose of the RFP as written by Ms. Terri Fitzpatrick of the MEDC is to work with 

Michigan's Tribes on improving how they decide to spend their own money, we will .be interested t 

how this takes shape. 

However, if the real intent of the RFP is to help tribes navigate the 8(a) certification process, exploit the 

Huh Zone status of Indian Reservations, identify viable and proven joint venture partners, win contracts 

in the federal and private sector and do all of these things consistent with the cultural, historical and 

political nuance that makes each tribe unique, we seriously question the selection of procurement 

Consulting Striiiegiim., 

To that end, I am asking Michigan's tribal leadership ii they would consider taking these documents back 

to their councils for discussion and if agreed, sign the attached letter requesting MEOC to immediately 

suspend work resulting from the award of RFP 3928 and rebid the project after consultation with United 

Tribes of Michigan. 

I appreciate your consideration of -this matter and apologize for riot being with you in person but 

business requires that I be at the RES 2012, conference. 

Miigwetch 

Bill Largent 

President, Tribal Resource Group

February 25th, 2012 

Mr. Mike Finney 

President & CEO, Michigan Economic Development Corporation 

300 N. Washington Square 

Lansing, MI 48913 

Dear Mr. Finney: 

Last year, the MEDC office of Tribal Business Development solicited bids in response to RFP-3928. The 

wording of the contract lends itself to some Confusion. 

At times it seems the focus of the engagement is to asslst.MEDC in developing an executing a strategy 

to assist Michigan's twelve federalhi recognized tribes with their : procurement needs. 

Other sections seem to indicate the focUst on tcibal bUsiness ventures (non-gaming) winning business 

contracts from the federal government by leveraging theE$BA's 8(a) Business Development Certification 

and contracts in the private sector. 

The contract was awarded to Procurement Consulting Group, 

If the intent is to develop a procureinent:grategy for Michigan's tribes, please be aware that tribes 

neither requested nor :will allow );11Ei)(1 to interfere with our individual procurement practices. Tribes are 

sovereign: nations, Our 'Merrill policies and procedures have been developed to reflect our unique 

needs and-wants and to address our tribal.interest. Any interference from the MEDC or any state agency 

would be soundly rejected, 

if the intent of contracl H, assi!st Michigan tribes' in securing 8(a) status for tribally owned 

businesses, receive Hub:Zorii certification for our individual reservations, assist individual tribal 

members in securing 8(a) status and ^r i ni if federal and private sector contracts thought these 

companies, we are intently interested in this award. 

However, in examining the background and work experience of Procurement Consulting Group, we see 

little that would indicate an intimate familiarity with Indian Country in general and Michigan tribes 

specifically. 

It is our understanding that among other bidders was Tribal Resource Group. This firm is well known to 

Michigan's tribes, The President, Mr, Williarrr Largent is a citizen of Keweenaw Bay Indian Community, a 

long time advocate for native business and economic issues and a former appointee in the

Administration of President George W. Bush where his office was focused entirely on tribal economic 

development. 

Mr. Finney, this letter is not ail rmdarsement Of Mr. Largent's firm. 

It is instead a request that you ether. rebid RFP -3928 or issue a new RFP that explicitly addresses the 

issues that must be anticipated and remedied for Michigan's tribes to become the fully operational 

economic engines that tribes in other states have achieved. 

With respect to Procurement Consulting Group, we would be pleased o receive a written description of 

their intentions with respect to our tribes. 

Thank you far your immediate attention to this matter. 

We look forward to your response. 

Signed: 

Mr. Frank Ettagaweshik 

Executive Director; Michigan's United Tribes 

(or chairman, President or Ogenla of each individual tribe)

RESOURCES 

PURE ICHIGAN' 

micif ri Economic Developmont Corporation 

OFFICE OF TRIBAL BUSINESS DEVELOPMENT 

UPDATES TO UNITED TRIBES OF MICHIGAN 

FEBRUARY 29. 2012 

• The Michigan Economic Development Corporation (MEDC) created a tribal specific website at 

www.michiganadvantage.org/tribal as a quick reference for tribal business development. The page contains 

valuable reference and resource information, current information and funding opportunities, and contact 

information. We encourage you to visit the website regularly for the most updated information. 

• Information on business and tourism can be found at www.michigan.org and www.michiganadvantage.org. 

Travel Michigan representatives are available to visit your tribe and share the variety of travel and tourism 

services available, many at no cost. 

• The State of Michigan has a website at www.michigan.gov, "tribal governments" link that has state agency 

information and links to Michigan's tribal websites. 

• A consultant has been hired to develop a procurement strategy for tribes interested in pursuing federal, 

state/local, and corporate supplier diversity contracting opportunities. This effort is just recently underway, 

and we will provide more information as available. 

• Technical assistance grants are available for tribes seeking non-gaming business development opportunities. 

We have issued, or are in the process of issuing, grants for financial, legal, business, and other specialized 

areas of expertise necessary for tribal business development. 

• We encourage the tribes to join the Native American Contractors Association (NACA). NACA works to 

preserve the role of government contracting for Native American businesses. MEDC Tribal Business 

Development will pay for the registration of any interested tribes or a tribal economic development entity. 

More information is at www.nativecontractors.org . 

• Resource teams are available, and currently in use, for tribal specific projects, including experts in business 

planning, contracting opportunity research, financial, energy and other industry experts, entrepreneurship, 

etc. In addition to MEDC resources, the teams include representatives from state agencies and strategic 

partners, such as the SBTDC and PTACs. Tribes and Alaskan Native Corporations with successful business 

models are willing to share their stories as well. 

UPCOMING EVENTS 

• March 25-27, 2012 — Pure Michigan Governor's Conference on Tourism — Grand Rapids, Michigan — visit 

www.michigan.org for more information. 

• May 17-18, 2012 —Tribal Economic Forum — Radisson Hotel, Lansing, Michigan — information will be 

available soon at www.michiganadvantage.org/tribal. There will be a limited number of vendor tables 

available for tribal artisans, free of charge, so please contact our office if you are interested in using a table. 

MEDC Tribal Business Development website: www.rnichiganadvantage.ordtribal 

Email MEDC Tribal Business Development at: tribalinfo@michigan.org

Cooperative Partnering for Workforce Development 

Hannahville Indian Community - Michigan Rehabilitation Services 

United Tribes of Michigan Meeting, February 29, 2012, Lansing 

Perspective 

Hannahville Indian Community (HIC) is the largest employer in Delta and 

Menominee Counties with 1100 employees. 

Great place to work for most - but also high employee turnover rates es- 

pecially in areas of our Gaming Enterprises. 

More jobs than working age reservation residents, but still too high of an 

unemployment rate for our Tribal Members. 

Many people have disabilities that impact work performance and job 

maintenance. Often these disabilities are not identified, not reported 

and their relationship to education and employment success not un- 

derstood by the employee or the supervisor. 

Hiring, training new employees, firing and re-hiring is very expensive in 

terms of direct costs to the tribe and in human/personal "costs" of self- 

esteem and resentment. 

HIC partnered with Michigan Rehabilitation Services to design a Voca- 

tional Rehabilitation (VR) program targeted at solving these issues for 

Native American and non-Native employees. 

Target Groups 

Current employees with jobs in jeopardy of loss. 

At-risk rehires with a history of quitting or being fired. 

Unemployed Tribal Members and Descendants who want to work or re- 

ceive training. 

Students in transition from high school to work and college students 

needing part time jobs. 

Frontline supervisors and managers who need more information about 

disabilities.

Strategies - At Hannahville for the MRS Counselor 

Works through our Tribal VR Contact and/or HR Directors to reach people in need. 

Participates with HR staff, the employee and supervisor during hiring, orientation and 

follow-along with hi-risk employees (especially re-hires) and those with jobs in 

jeopardy. 

Offers disability awareness and information as many disabilities are unidentified and 

undisclosed to employer. 

Conducts training for frontline supervisors and managers on disability related issues 

and job accommodations. 

Provides an intensive and consistent VR process for ensuring employment success. 

Along with HR and the supervisor, provides supportive success versus independent 

failure. 

Win - Win Partnership Advantages 

Tribes have members and other employees with disabilities who often need assistance 

with vocational counseling, training and education, and finding and keeping jobs. 

Tribes have jobs. 

MRS has Vocational Rehabilitation Counselors with the expertise in assisting people 

with disabilities to be successfully employed. 

In the past, Native American people have been "underserved" by MRS in most areas 

of Michigan and MRS wants to increase these numbers. 

MRS has case service dollars for direct employment related assistance, which can be 

increased through MRS-Tribal Agreements. In turn, these non-federal tribal dollars 

can be used to "match" federal funds bringing even more money to Michigan for VR 

services. 

Although tribal members have access to MRS as citizens of Michigan, a Tribal-MRS 

Agreement can offer tribal focus, targeted counselor time addressing issues identi- 

fied by the Tribe, specific training for supervisors, more case service dollars for 

meeting individual needs, and the availability of VR services provided on the reser- 

vation and/or in other tribal locations. 

For more information about HIC's experience contact: 

Carol Bergquist, Ph.D., Hannahville Indian Community, Wilson, MI 906-723-2580 

or Carol.Bergquist@HICVisions.org

(Houghton 

Ontonagon Baraga 

e eenaw 

Gogeblc Marquette 

Tribally Owned Casinos 

Dickinson 

Menominee 

Tribally Owned Casinos 

Michigan Rehabilitation Services Locations 

Alger 

Delta 

Michigan Rehabilitation Services / Service Locations 

Path: CArrojeci.MXD Caroi_Casino_Nlapolisd 

Schoolcraft 

Mason 

Oceana 

Berrien 

Leda au 

uskegorl 

IN 

Emmet 

Charlevoix 

Chippewa 

Macklnac 

... r, ,D • \ Z:;? 

• 

Ch re oix 

eelanau 

Rennie Grand 

Traverse 

Manistee 

Lake 

Newaygo 

Antrim 

Cheboygan 

Otsego 

St. Joseph Branch 

Hillsdale 

Presque Isle 

Vlontmoreno 

Arent 

Alpena 

Kalkaska Crawford Oscoda Alcona 

Wexford Mlssaukee Roscommon 

Osceola Clara Gladwin 

Meco la 

Ottawa Ionia 

Van Bur 

Isabella 

Montcalm Grafi t 

Clinton 

Midland 

Ogemaw 

Saginaw 

hfawassee 

Allegan Eaton Ingham Livingston 

Kalamazoo 

Calhoun Jackson 

Lenawee 

losco 

Genesee 

Weshtenew 

Tuscola 

Monroe 

Oakland 

Lapeer 

Huron 

Sanilac 

St. Clair

Fast Facts: 

COOPERATIVE PARTNERING 

One 

MOTING 

RsPRO ABILITIES 

Michigan Rehabilitation Services 

Michigan Rehabilitation Services (MRS) seeks cooperative agreements that generate value and outcomes for all 

parties greater than non-agreement alternatives. 

MRS may enter into cooperative agreements with tribal partners to provide services that have a vocational 

rehabilitation (VR) focus, including retention services. 

Two 

Three 

The non-Federal (tribal/local) to Federal match ratio of 27% to 73% is an attractive return on investment. 

Example: A tribe contributes $27,000 to MRS, the Federal match amount is $73,000 resulting in $100,000 for VR 

services targeted to Native Americans with disabilities. 

Four 

MRS may purchase allowable VR services directly from tribal or other vendors. 

Example: Job placement services, training, employment related tools and uniforms. 

Five 

Cooperative agreements are negotiated annually and align with the state's fiscal year (October 1 thru September 

30). Timeframes may be adjusted to accommodate interests and priorities. 

The Hannahville Indian Community (HIC) has partnered with MRS through cooperative agreements since 1991. 

Six 

To learn more about the benefits of working together, contact: 

Carol Bergquist, HIC, at carol.bergquist©hicvisions.org or 906.723.2580 

Bill Colombo, MRS, at colombob@michigan.gov or 517.643.2243. 

Meeting of United Tribes of Michigan — Lansing, MI — February 29, 2012

County Name 

STATE OF MICHIGAN 

DEPARTMENT OF HUMAN SERVICES 

American Indian Foster Care Cases 

By County and Tribe 

SUMMARY 

Time Frame: 10/01/2011 - 12/31/2011 

American Indian Foster Care Children By County and Tribe 

Bay M ills Indian Commu nity 

Cherokee Nation 

Comanche Nation 

Delaware Tr ibe of Indians 

Grand Traverse Band of Ottawa a nd Chippewa Indians 

ill-lannahville In dian Commu nity 

IFIanna hville Potawatom i Indian Community 

Huron Potawatom i, Inc. 

Keweenaw Bay Indian Community 

Kiowa Indian Tribe of Okla homa 

ALGER 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 

BARAGA 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 

BARRY 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 

BERRIEN 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 0 0 0 0 0 3 

BRANCH 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 

CALHOUN 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 

CASS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 2 

CHARLEVOIX 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 

CHEBOYGAN 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 0 0 0 7 

CHIPPEWA 7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 33 0 0 0 40 

DELTA 0 0 0 0 0 0 0 0 0 0 0 0 . 0 0 0 0 0 0 3 0 0 0 3 

DICKINSON 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 2 

EMMET 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 2 0 0 1 5 

GENESEE 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 

GOGEBIC 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 2 

GRAND TRAVERSE 0 0 0 0 7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 

INGHAM 0 0 1 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 2 

IRON 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 

ISABELLA 3 2 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 5 0 0 0 0 11 

Lac Vieux Desert Band of Lake Superior Chippewa In 

Little River Ba nd of Ottawa In dia ns 

Little Traverse Bay Bands of Odawa Indians 

Menominee In dian Tribe of Wisconsin 

Product of Center for Transformation 

Data Management Unit 

Data Source: Data Warehouse 

Run Date: January 11, 2012 

1 

Native Vi llage of Eagle ( IRA) 

Newhalen Vi llage 

Pokagon Band of Potawatomi Indians 

Saginaw Chippewa Indian Tr ibe of Michigan 

Sault Ste. Marie Tr ibe of Chippewa Indians of M ich 

Sokaogon Chippewa Commu nity 

Ya kutat Tlingit Tribe 

Una ble to Determine 

Grand Tota l

County Name 



American Indian Foster Care Cases 


SUMMARY 

Time Frame: 10/01/2011 - 12/31/2011 

American Indian Foster Care Children By County and Tribe 

Bay M ills Indian Community 

Cherokee Nation 

Comanche Nation 

Delaware Tribe of Indians 

1Grand Traverse Band of Ottawa a nd Chippewa Indians 

Hanna hville Indian Commu nity 

Hanna hville Potawatomi Indian Community 

Huron Potawatomi, Inc. 

Keweenaw Bay Indian Commun ity 

Kiowa Indian Tr ibe of Okla homa 

KALKASKA 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 2 

KENT 0 0 0 0 1 0 0 1 0 0 1 4 2 0 0 0 0 0 0 0 0 3 12 

LEELANAU 0 0 0 0 21 0 0 0 0 0 0 1 0 0 0 0 0 1 0 0 0 0 23 

LUCE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 2 

MACKINAC 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 2 4 

MARQUETTE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 0 0 0 6 

MASON 0 0 0 0 0 0 0 0 0 0 0 3 0 0 0 0 0 0 0 0 0 0 3 

MENOMINEE 0 0 0 0 0 17 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 21 

MISSAUKEE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 

MUSKEGON 0 0 0 0' 0 0 0 1 0 0 0 2 0 0 0 0 0 0 0 0 0 0 3 

OSCEOLA 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 

OTTAWA 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1 0 0 0 0 2 

ROSCOMMON 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 1 0 2 

SCHOOLCRAFT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 0 0 0 6 

VAN BUREN 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 1 

WAYNE 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 2 

Grand Total 10 2 1 1 33 17 4 6 2 1 3 11 4, 

Lac Vieux Desert Band of La ke Superior Chippewa In 

Little River Band of Ottawa Indians 

Little Traverse Bay Bands of Odawa Indians 

Menominee Indian Tr ibe of Wisconsin 





2 

Native Vi llage of Eagle ( IRA) 

Newhalen Village 

Pokagon Band of Potawatomi Indians 

Saginaw Chippewa Indian Tribe of Michigan 

Sault Ste. Marie Tribe of Chippewa Indians of Mich 

Sokaogon Chippewa Community 

Ya kutat Tlingit Tribe 


Grand Tota l 

1 1 1 6 9 61 2 1 8 185



American Indian Adoption Cases 


SUMMARY 

Time Frame: 10/01/2011-12/31/2011 

American Indian Children With Goal of Adoption By County and Tribe 

County Name 

Delaware Tribe of Indians 

Grand Traverse Band of Ottawa an d Chippewa Indians 

Hanna hville In dian Commu n ity 

Hannahville Potawatorn i Indian Commun ity 

Huron Potawatom i, Inc. 

Baraga 0 0 0 0 0 1 0 0 0 0 0 0 1 

Barry 0 0 0 0 1 0 0 0 0 0 0 0 1 

Berrien 0 0 0 0 0 0 0 1 0 0 0 0 1 

Charlevoix 0 1 0 0 0 0 0 0 0 0 0 0 1 

Cheboygan 0 0 0 0 0 0 0 0 0 6 0 0 6 

Chippewa 0 0 0 0 0 0 0 0 0 16 0 0 16 

Dickinson 0 0 0 0 0 0 0 0 0 0 2 0 2 

Kalkaska 0 0 0 0 0 0 0 0 2 0 0 0 2 

Kent 0 0 0 0 0 0 0 0 0 0 0 1 1 

Leelanau 0 1 0 0 0 0 0 0 0 0 0 0 1 

Luce 0 0 0 0 0 0 0 0 0 1 0 0 1 

Mackinac 0 0 0 0 0 0 0 0 0 2 0 0 2 

Mason 0 0 0 0 0 0 2 0 0 0 0 0 2 

Menominee 0 0 2 4 0 0 0 0 0 0 0 0 6 

Wayne 1 0 0 0 0 0 0 0 0 0 0 0 1 

Grand Total 1 2 2 4 1 1 2 1 2 25 2 1 44 

Keweenaw Bay Indian Commu nity 

Little River Ba nd of Ottawa Indians 

Pokagon Band of Potawatom i Indians 





1 

Saginaw Chippewa Indian Tribe of Michigan 

Sault Ste. Marie Tribe of Chippewa Indians of Mich 

Sokaogon Chippewa Community 

Unable to Determine 

Grand Total


DEPARTMENT:OF HUMAN SERVICES 

American Indian Juvenile Justice Cases 


SUMMARY 

Time Frame: 10/01/2011-12/31/2011 

American Indian Juvenile Justice Cases By County and Tribe 

County Name 

Bay Mills Indian Community 

Grand Traverse Band of Ottawa a nd Chippewa Indians 

Hannahville Indian Community 

Keweenaw Bay Indian Community 

Baraga 0 0 0 3 0 0 0 0 0 3 

Berrien 0 0 0 0 0 0 1 0 0 1 

Chippewa 2 0 0 0 0 0 0 3 2 7 

Emmet 0 1 0 0 0 0 0 0 0 1 

Gogebic 0 0 0 0 1 1 0 0 0 2 

Houghton 0 0 0 0 0 0 0 0 1 1 

Leelanau 0 2 0 0 0 0 0 0 0 2 

Mackinac 0 0 0 0 0 0 0 1 0 1 

Manistee 0 0 0 0 0 0 0 0 1 1 

Menominee 0 0 2 0 0 0 0 0 0 2 

Washtenaw 0 0 0 0 0 0 0 0 1 1 

Grand Total 2 3 2 3 1 1 1 4 S 22 

Lac du Flambeau Ba nd of La ke Superior Chippewa Ind 

Lac Vieux Desert Band of Lake Superior Chippewa In 





1 

Pokagon Band of Potawatomi India ns 

Sault Ste. Ma rie Tr ibe of Chippewa Indians of Mich 


Grand Total

Initiative Name 

Indian Child Welfare Act (CWA) Profiling 

Strategic Plan Goal (If applicable) 

Department of Human Services 

2010-2011 Strategic Plan 

Person Responsible: 

Stacey Tadgerson 

Goal One — Support staff and improve internal efficiency 

Goal Four — Strengthen the child welfare system to achieve better outcomes for children and 

youths 

Initiative DesCriptiOn 

Establish a fluid DHS process to initiate, monitor, and implement child/family cases involving the 

Indian Child Welfare Act in Michigan including but not limited to design an ICWA Case Review 

Protocol, IOWA Guide for Parents/Children, Best Practices Tool Kit for DHS, and an Annual 

ICWA Report Card of DHS ICWA compliance (statewide). 

Initiative Outcomes Status/Date 

Disseminate national ICWA data project best-practices to DHS, Ongoing 

SCAO, & Tribal partners for recommendation on adoption. 

Formulate ICWA Case Monitoring/Profiling Committee 

comprised of CPS/FC/Adoption/JJ, SCAO, & Tribal 

representatives to generate a case review tool & policy specific 

to ICWA compliance and quality assurance. 

On-going 

Develop Best-PracticeS Tool.Kit for DHS. June, 2010 

CoMplete 1CWA caSe review.tool & policy. July:2010 

Begin ICVVA -case read process. August, 2010 

Compile ICWA case read'results for Annual ICWA Report December, 2009 & ongoing 

Card, Annually 

Publish Annual ICWA Report Card for 2009. December, 2009 & ongoing 

Annually 

-Tracking Methods 

• Minutes from committee meetings 

• Quality Assurance Bureau Data Warehouse Reports 

• ICWA Case Reads 

• IOS Case Reads 

Dates Milestones 

SP/2010/Business Plan Template 1

1.30.09 

2.28.09 

4.27.09 

4. 29.09 



Conducted the first Urban Partnership Meeting in which 

service delivery concerns (including ICWA) for at-large 

membership are addressed. 

Tribal State Partnership (TSP) created Subcommittee's & 

actionable items for ICWA Compliance. 

Tribal State Partnership (TSP) submitted a draft Concept 

Paper to the Midwest Child Welfare Implementation 

Center (MCWIC) to establish a strategic planning 

process for ICWA compliance in Michigan. 

Tribal State Partnership (TSP) identified goals for the 

DHS 2010-2015 Child & Family Services Plan supporting 

ICWA quality assurance including an ICWA Foster Care 

Review Board. 

Completed. 

On-going Quarterly 

Reports. 

Completed. 

Completed. 

.E36iief0.:(reqUiked'jfCAPsitiitiiiiVe 

• Increased safety, permanency, & well-being of Indian children and families in Michigan. 

• ICWA compliance across statewide systems of care. 

• Improved collaboration & communication across systems & jurisdictions. 

• Increased American Indian visibility. 

Risks! Botrier§..and060midenti0:. (reqtifredif CAP initiative)' 

• Tribal Sovereignty not being honored or recognized. 

9 Competing priorities. 

0 Disparity: Competition amongst Tribes for funding. 

ACccimtoliShr660t0eqiiiied.if CAP initiafirie) 

Created ICWA Rights Poster. 

Created Tribal Service Area Map. 


Initiative Name 

Tribal Consultation 

Strate• IC.Plan Goal lua , slicable 



Person Responsible 


Goal Two — Assure all children we serve have access to a community-based, comprehensive, 

quality system of early care and education. 

Goal Three — Increase the number of financial assistance clients who become self-sufficient. 

Goal Four — Strengthen the child welfare system to increase the number of children and youth 

who remain safely in their own homes and who achieve permanency; and, decrease the lengths 

of stay of children and youth in placement. 

Goal Five — Increase the number of adults receiving needed care in safe, community-based 

settings. 

Goal Six — Strengthen prevention and early intervention programs. 

, Initiative Description 

Establish open lines of communication and written negotiations/agreements (TSA/MOU) 

between the 12 federally recognized Tribes in Michigan through on-site meetings with 

respective Tribes, regional meetings, and individual consultations via phone/email/website 

contact. 

Anitiatilie,Coutcorries Status/Datte 

Complete 1 on-site meeting with each federally recognized 

Tribe and state historic Tribes annually: 

Grand Traverse Band of Ottawa & Chippewa Indians 

Conduct quarterly Tribal State Partnership Meetings: 

October, 2009 

January, 2010 

April, 2010 

July, 2010 

Conduct Semi-Annual Urban Indian Tribal State Partnership 

Meetings: 

January, 2010 

August, 2010 

Tracking Methods 

• Meeting Minutes 

• Published SWOT/SCOT Results 

e Updated Tribal State Agreements 

SP/2010/Business Plan Template 3 

Completed (October 14, 2009) 

Completed (Oct. 28 & 29)

• Updated Native American Affairs Website 

Dates Milestones 



ernefitS:(retinired 

• Improved service delivery for American Indian children & families in Michigan 

• Federal compliance with Social Security XX, Tribal Consultation Policy. 

• State compliance with Executive Order 2004-05, Tribal Consultation. 

• Increased collaborations & communication with Tribes & Indian organizations. 

Risks/13.arners and Dependencies (required if CAP. initiatiVe 

• State Budget constraints. 

AccompliShmentsk.equired:if-CAP -initiative) 

Completed 1 Tribal Consultations as of October 14, 2009. 

Completed 1 Tribal State Partnership Meetings as of October 29, 2009. 




, .,. 

Initiative:Name Person Responsible 

Training 


Strategic'Plan Goal (lf.4Prilic'able) 









settings. 


.._ . .. 

nitiati8(0::Pocription 

Provide Indian Child Welfare Act Training in conjunction with Child Welfare Training Institute 

(CWTI); and other Native American Affairs' training as requested to county offices and public/ 

private agencies. 

. ,. .. 

initiati:Ve:OatcorneS Stattla/Date 

Conduct CWTI ICWA training for new hire staff annually. 

Conduct IOWA training for Supervisor, Manager, Directors 

annually. 

Conduct IOWA training for private agencies annually. 

Conduct IOWA training for American Indian populations 

annually. 

Conduct Cultural Competency for OHS, state, private agencies 

annually. 

Presentations as requested to sensitize public on the 

socioeconomic plight of American Indians in Michigan. 

;Tracking Methods 

0 Presentation evaluations 

® Child Welfare Training Institute (CWTL) Training Calendar 

SP/2010/Business Plan Template 5 

Ongoing (Monthly) 



November 19 (Montcalm)

• 

-).ates, 

• JJOLT Training Registration Reports 



Milestones Statt.is 

aes efits re diredif cAR: itiatiVe 

▪ DHS & private agency child welfare staff will be knowledgeable of the Indian Child Welfare Act history, 

DHS policy, Michigan Tribes & Indian organizations; & Indian Child Welfare resources in Michigan & 

nationwide. 

• Increased ICWA compliance, 

• Increased uniformity of ICWA application across systems. 

• Improved outcomes for Indian child & families in care. 

• Increased cultural competence. 

Risks/ Barriers and DepenciOncips(required if CAP initiative) 

• Training capacity limits that produce wait lists. 

• ICWA training is not mandated. 

Accomplishments (reguired if CAP initi,itive 




;Initiative-lislatne PerSori.ReSpcinSible. _ 

Advocacy Stacey Tadgerson 

...:.$trate • iC, Plan. Goallif: aliblicable) 









settings. 


Iiiitiative .DeSCriiition. 

Participate in various DHS, Tribal, state, federal, and local committees to provide advocacy and 

representation of Native American issues in areas that will promote improved quality of life for 

Native Americans in Michigan through policy innovation and data analysis. 

1nitiatiVegutdOmes : -Statua/Date: 

SP/201 0/Business Plan Template 7



CPS Advisory Committee participation & stakeholder input. 

Quarterly SCAO Statewide Policy Committee 

Policy Subcommittee 

Data Measures Subcommittee 

Tribal Court Relations Subcommittee 

DHS Emergency Preparedness Committee 

Child Welfare Committee (CVVTI) 

Child Welfare Training Consortium 

Michigan Shared Youth Vision Partnership 

Michigan Child Death Task Forc.e 

Michigan Tribal Child Care Task. Forpe 

Expanding Opportunities 

Tracicing:metticids::: 

• Meeting Minutes. 

• Native American Affairs Website updates. 

• Stakeholder Surveys. 

Ongoing Quarterly 


Ongoing 



Ongoing Monthly 

Quarterly 

TBD 


.....Dates MileitOneS :StOtUS 

:Benefits (required if CAP.initiitive) 

• Increased awareness & visibility of American Indian concerns in Michigan across systems. 

• Decreased American Indian youth drop-out rates. 

0 Increased American Indian youth mentorship. 

0 Uniformed implementation of ICWA across state courts. 

0 Increased Emergency Preparedness information for Tribal communities. 

0 Improved DHS field staff efficiencies pertaining to ICWA. 

Risks! Barriers and Dependencies (required if CAP initiative). •-. : 




• Institutional racism. 

• Cultural differences pertaining to DHS policy. 

• Budget reductions for children & youth education/workforce development initiatives. 

At006.):011.00ijelnISTIrOCOieedif:QAP:itiitiotiV.9 




InitiatiVe:-Nathe 

„ 

Person Retponsible 

Service Enhancement Stacey Tadgerson 

Strategic-Plan Goall itapplicable) . 









settings. 

Goal Six — Strengthen prevention and eaily intervention programs. 

InitiativeDescriOtiOn 

Ensure quality assurance and enhancement of services for Native Americans in Michigan 

including, but not limited to, Indian Outreach Services (I0S); Indian Outreach Worker (10W) 

professional development; Health (Long-Term Health Initiatives, Medicaid, & Social Security); 

Children's Services (IV-D, Tribal Family Resource Centers, and ETV/YIT); and Adult Protective 

Services. 

.initiatiVe.OUtcomes :StatuSiDate 




Facilitate Quarterly Indian Outreach Worker (10\N) Meetings 

October, 2009 

January, 2010 

April, 2010 

July, 2010 

Facilitate Monthly 105 Supervisor & IOW Conference Calls 

Conduct Monthly Urban Site Visits 

Conduct American Indian Heritage Month Celebration Event 

Request TA from Casey Family Services for Casey 2020 TBD 

initiatives. 

CondUbt'Tribat*vys..regardin0.1t1S:TraininglOPiCS- .;' 

Analy2e Tribal survey responses to ensure appropriate training 

is being offered to Tribal partners; 

C.iziotitr:ot ,,:reesh:redarding NatiVe.Atieribari -fOster:P.arent 

F;p0.14-01e'for.001- *:001.4:Native::Atriprican Foster P 

BOarbIS': 

Conduct research 'regarding Native AMerican Foster Care 

YoUth. 

Fadilitate forum. of Native AmeriCan Foster Care Youth. 

Contract Enhancement 

Tracking.Methcida.. 

▪ Meeting Minutes. 

si Meeting Evaluations. 

• Published Survey Results. 

TBD (Budget) 

3rd Tuesday 

Monthly (3rd Thursday of 

Monthly on rotation) 

Completed November 3 

Dates Milestoned' Stattis 




Benefits (required if CAP initiative) 

• Increased field staff communication, 

• Professional development of Indian Outreach Workers (10Ws) 

• Increased support systems for Native Foster Care Youth. 

• Increased support systems for Native Foster Care Parents. 

• Increased awareness of American Indian issues across systems. 

• Peer Mentoring. 

• Resource Leveraging. 

Araksitariiera and D.ePendennies (reqdired if CAP:InitiaWa) 

• Budget constraints for program enhancements. 

• Institutional racism. 

Acpcmpl(shnients (required if CAP initiative) 

SP/201 0/Business Plan Template 12

initiative Name 

Professional Development 

Strategic Plan Goal (If applicable) 



Person Responsible 



Goal Four Strengthen the child welfare system to achieve better outcomes for children and 

youths 

Provide effective professional development & training for Native American Affairs (NM) staff 

pertaining to current "best-practices" knowledge, skills, and abilities to enhance DHS services 

and complete core job responsibilities. 

Initiative Outcomes' 




Director will attend OHS New Director Institute (NDI). 

Director will attend Leadership Academy. 

Director will attend Multicultural Leadership Series Alumni 

Functions (New Detroit). 

Director will complete ICWA on-line certification training 

(NICWA), 

Director will attend a minimum of (2) Child Welfare Trainings. 

Director will attend a minimum of (2) Tribal Specific Trainings: 

a. NICWA Annual ICWA Conference 

b. Michigan Native American Conference (Circle of Hope/Circle 

of Healing) 

Director will attend a minimum of (1) National Conference: 

a. Midwest Alliance of Sovereign Tribes (MAST) Tribal 

Consultation. 

Director will attend a minimum of (1) Court Preparation 

Training sessions. 

Director will attend a minimum of (1) Cash Assistance Training 

sessions. 

Director will attend a minimum of (1) Child Care Training 

sessions. 

Director will attend a minimum of (1) Youth in Transition 

Training sessions. 

Director will attend Federal Tribal Child Welfare 

training/meetings as required (MCWIC & Region V) 

Tra6kiiig Mathods 

® Training Curriculum 

® JJOLT Transcripts 

® Certifications 

Ongoing FY 2010 

Ongoing 

TBD 

TBD 

TBD 

TBD 

'MD 

TBD 

TBD 

TBD 

TBD 

, Dates' 1 Milestonas- 'Status 


dcompliehnientsireduired if CAP initiative 

Improved efficiency. 

Cultural Competency. 

Certified Training. 



13enefite;frequired itcAPThitiativa 

• Increased safety, permanency, & well-being of Indian children and families in Michigan. 

• Improved collaboration & communication across systems & jurisdictions. 

Risks/ Barriers' ;and Dependendiealteduired if CAP initiative 

• Competing priorities. 

• Travel allocation 


Native::!Ameti.gan : Affa g01:11:.;y0/0dr:p#$0000k 

d Date Actual Date of 

Quantity Project 

Tribal 

%::Complete: 

Completion 

12 Agreementst 

TTribal IV E 

12 Ann 

20% 

Jan12-91-1,991. 0,9.3 O.Nping - 

90% 

May Aug-11 

Tabled 

200 FC Welcome Kits.. 

40%1 

St eflellr Surveys 

1 Strategic Plan Tabled 

Tribal State 

_4 Partnership Meetings -11 Jan-11 10/26/20111 

Urban lndia.ra:S.tate 

3 PertilerellIRZIVIeeti Ogs 

Tribal Child Care 

1 Task Force MeegiVS, 

24 

CWTI ICWA New 

Worker :& Supervisor 

Institutes 

bled 

NAA Policy Projects 

2 (riktiLig440,1es) Tabled 

12 Urban Site Visits 

2 NAA Forms Project 

Centre400:Intake 

Prip:Artielipan Indian 

Coordination 

24 Committee 

{Trio 

tation) 

1 PIP [tern 14 (Tri a 

riergenty 

edness Plan Tabled 

Onsite Tr bal 

12 Consultations Table 

Herit6'g6'M-d6fh 

1 QO.Kotipp, 

outroamworker 

4 Meetings__ 

lOS Supervisor 

AO:g 

4 PIP Reviews 

Tabted 

Tabled 

FY 2011 

MAA Project Dashboard (DHS) 

75% May-11 099 Ring O,9oing 

100%• E1110512011: 

10.0% ::10/3:0120.14: 

75%, Feb-1110ngoing 

100% 

100`%0 

ngoing 

4.Q.13.0/2014:: 

May 1 05/01/201 

Aug-1 1 

. Oct-11: 1117.22011:, 

Nptive:,.:Aitiedeboi)MfOir 

FY:2011

Force 

Stat ewi• de--Task 

r, 

Foster Care Advisory 

Healthy Native; Babies 

"N ICWSM: 

CRI:Stato.47:17p5Ef.dte•::: 

Cjt)':Ttib4l:Cootdjti'atioh: 

....pipavGdufr 

0c0::F.:401:trfiiti 

inn ee 

LkDtiNIETe 

Tribal QA: 

m 

IAICWSM Conference`' 

N1CWA' Annual 

g 

Supervision Meeting 

Staff • 

Montt ly 

Quarter!" 

Quarterly, :: erly ' 

Quarterly 

n: 

11119qp)ly:::: 

M by 

0146.0011Y:: 

Q..PartattS(.. 

Monthl 

Quarter y.. 

Semi- nnual:: 

An- 

Ai nual 

Moat l 

Mont ly 

Anou.or:

Highlights: 

• Website 

http://www.michigan. 

gov/americanindians 

• DATA: 185 AI 

children in Foster 

Care/44 Al available 

for adoption/ /22 in 

JJ/274 AI FC 

Providers 

Michigan Department of Human Resources ( DHS ) 

Office of Native American Affairs NAA) Updates January 2012 

January 2012 February 2012 March 2012 

CWTI ICWA CWTI ICWA New CWTI ICWA New 

Supervisor Supervisor Supervisor Institute 

Training Institute Training Trainings 

Curriculum 

Development SCAO Court CPS Advisory 

Improvement Committee Meeting 

Quarterly Tribal Program Statewide 

State Partnership Task Force NAA Website 

(TSP) Meeting Updates 

CIU Subcommittee 

CIU Subcommittee Meeting NAA Manual 

Meeting Updates 

AI FC Kits 

MiSACWIS FCAN Contracts 

Design Team AI ICWA Annual Planning 

Meetings Report Project 

Planning Urban State 

IOS Case Reviews Partnership Meeting 

NAA Website 

MI ICWA Desk Updates MiTEAM Meetings 

Aid Draft 

NAA Policy Racial Equity 

Tribal Updates Meeting 

Consultation 

(Ongoing) Urban Site Visits IOS Case Review 

Report 

AI Child Death Tribal Analysis/Compilation 

Alert Protocol Consultation 

(Ongoing) Tribal Consultation 

MIFPA Meeting (Ongoing) 

Foster Care 

Tribal Court Advisory Emergency 

Relations Meeting Committee Preparedness 

Certifications & 

Stakeholder Leadership NAA Plan 

Surveys Academy & 

Mentor Meeting Leadership Academy 

Leadership & Mentor Meeting 

Academy & 

Mentor Meetings

Centralized intake (Cl,) 

Frequently Asked Questions 

What is motivating the onanct•eito. :.!,:a:::.Centratizeddntake::::proce.ss9 

Based Oitther:MOdified:Settlettent,:••Agreerrient•signe&On 7/718111, DHS is required to establish 

a statewide centralized call center that Will be operated 24 hours per day to ensure consistency 

""':•••••: • 

in meeting the needs of the entire community for the purpose of receipt, screening and 

assignt-nent of all reports of abuse and neglect. Adult iif;rotective.,!ServiCesqAPSYIS•EalSo 

- - ' 

included With CI. again to:ensUre consistency and alloW for a single call number for those:.w 

report concerns, regardless of whether the alleged victim is ,a child or vulnerable adult. 

' ••':" • -•'••••.. •• •::•••• ::•'•'••••'••••••••••':'•••••••••••:-D-:•-•':':": 

2. Why is a Centralized IntaKe unit coming? 

The goalln proOeSsing all complaints in one loCation is to ensure consistency across counties; 

in the quality evaluation and assignment of complaints that are received. Essentially these 

changes consolidate and simplify83 county intakersyStemS into one statewide call tenter. 

Where is -the Centralized Intake unit located? 

Centralized Intake is located Within Kont County, 

V cl.in.1 

11 I 

q..-11.11 

The Centralized Intake unit wily be staffed 24 hou:s a day, 3 

Intake will be appropriately staffed to handle call volume. 

a s p fittallted 

When is the ch lige from a cdulltV.:::4tpitifIC:iiiitalke-lo entr.-lized:::1ntake? 

On March 5, 2012, ail callers wishing to make a complaint 

toll-free number 

-,Alois to local offices with Children's Protective Services (CPS) or APS cprhplaints,will:::Oeii, 

informed in the introductory message to "hang up and dial the toll-free 

make their complaint with Centralited Intake. 

Local offices will continue to have intake staff available to assist callers during:::,:atransition 

time after March 5 until approxiniately April 6, 2012. 

During the 30-day transition, the local office staff will be unatjle.to.clocuOient the corn ~~lalnt 

within SINSS, but will provide the caller with the toll-free number; answer dUeStianS•,:: provide: 

information and transfer the caller to Centralized Intake:: 

The :tO11-free number will be'relese0 two (2) weekS..:prior to the:!•MarC. 

mailings, news articles and other media announcements designed to inform the public of 

this ichan 

CPS, has always handled afte6bOut,..::Adult PrOteOtive.,:aervices•comi•PlaintS 

............ :.:.......... 

handled once CI JS in place? 

APS complaints will be handled by the CPS Unit for all after4hOtrs cells, s is the current 

practice in the state

19. \ii,1-1,t,.abOut.::DH8.-.32..00S that are received in the ilOcat office? What Alibuid::.be..dOileVith.therri::, 

Ail documents related tO ,te*:6r:Pehattig's'eorn:Plairt::'. ...:at'ittake.::,t6,:'::Pkfood.!:Or.:::,.Sdatirie&ttr... 

CI When received at Cl, the docuMents are scanned into SWSS for inalSith in the electronic 

file. 

Documents related to APS complaints must be Sent to the Clunit for documentation and the 

herd copy, maintained in the local office case file, 

20. What if thedpcai,officedisaoree:With.:An&.:assignment:•:.deciSion..„of:•Gl.? 

....:........„. ......... ....... 

When the local office staff members disagree with an assignment decision of CIthoy!!are'td.7c 

up their local of:Oonimand to the local stifficedifeefor: .i:Ather.i. the!ttiCaF:Offibe.:direCtor.. g 

isagrees. with the CldeciSion, he/she may contact the CI director for diSOUS.SiO:Waritr•kreclueSt 

to charige-te deciSion .,.,,, HoweVer,s once a final:deejsion'haS been reached, it may riot•- 

changed:ecept,Py the CI director. 

APS assignment decisions continue to be made at the local Offte. 

21. What if a local mandated reporter or other comptaintisoorde:disagrees with an assianment::!:: 

decision and contacts the local affiCeZ 

The local'bffice is td :''refer that person to the CI unit for the rationale related to the decision 

Compla int soc0'.0e'whibdisaOree with the disposition of :Al complaints moSti:Contactlheiocw 

office complaint toordinatOr. 

When a complaint source or mandated 'reporter is to receive written nbtification that their 

complaint was rejected, who is re:SP.Onsible..to -Send -the "Referral Source Letter"? 

CI sends the letters that a person's complaint rejected investigation. 

APS notifications are sent b the local office.

FLindamentais of Starting a Business 

Copyright Ml-SBTDC 2009-10 

2009-2010 Version 

Mt 

MICHRiAN 

%MAU IStliNtNti • 

fa INORKA 

1/1.12110I9IINT cl:Nria" 

wolvv,rnIpb dc.org 

Iff ;AN 

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Feet on the Street 

Serving Small Businesses 

Ml-SBTDC 

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Program 

Michigan Small Business & Technology Development CenterTM 

CopPlYht'qii" mizarncv-A, 

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The MI-SBTDC is funded through a cooperative agreement 

with the U.S. Small Business Administration (SBA), the 

Michigan Economic Development Corporation (MEDC) and 

matching funds from Local Network partners in each 

region. 

MI-SBTDC State Headquarters 

Grand Valley State University 

Seidman College of Business 

616-331-7480 

ibtdc.orgi 

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Tribal Business Consultant 

+ Designed to provide specialists in Indian business 

ownership issues 

+ Provide greater access for Tribes and their members 

to the services of the MISBTDC 

+ Assist Tribes & members in: 

▪ Small Business start-up 

ig 8A certification 

* Financing opportunities 

* Selling to government & contractors 

+ Assist the Tribes in creating jobs for their members 

and surrounding communities 

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Tribal Business Consultants 

+Ross Miller is a member of the Grand 

Traverse Band of Ottawa & Chippewa 

Indians 

• Serving all Federally Recognized Tribes and 

members of the Lower Peninsula 

•:•Elaine Clement is member of the Sault 

Ste. Marie Tribe of Chippewa Indians 

• Serving all Federally Recognized Tribes and 

members of the Upper Peninsula 

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2009-2010 Version 2 

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• A consistent presence to the Tribes and their members 

+ Provide marketing research 

+ Develop marketing materials to create interest in member 

owned business' 

+ Provide training materials and support for those interested 

in starting a business 

+ Provide outcomes information: clients served, jobs 

created, financing achieved, & 8A certifications 

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• Existing businesses 

Growth companies 

• Advanced technology companies 

2009-2010 Version 3



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Four core Tribal services provided by the Michigan 

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• No cost 1:1 consulting 

• Business education through workshops 

• Information based planning through (secondary) 

market research 

The annual expense for a Tribe to gain access to 

this level of research on its own would be about 

$80,000 annually 

.4:. Technology commercialization 

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MI-SBTDC Teams 

Four teams of consultants can provide specialized 

services to the Tribes or their members: 

• The Small Business Regional Teams 

• The Growth Group Team (G2) 

• The Manufacturing Assistance Team (MAT) 

• The Technology Commercialization Team 

Note: Supporting the G2 and MAT: Finance Strategy 

Specialists through the Jobs Bill 

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Connect with appropriate service providers 

..1;• Identify pro-bono service providers for specific assistance 

Complete financials for financing and budgeting 

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Growing & Existing Businesses 

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❖ Provide assessment to determine operational issues that 

need adjusting 

Analyze financials comparing to industry averages and 

benchmarking 

Determine markets for diversification 

❖ improve business processes to better serve customers 

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Consumer Research 

• Demographics for any geographic area 

+ Determine retail locations using site-ring analysis 

+ Identify target market demographics 

Business-to-Business 

• Provide sales leads to increase revenue 

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sales 

• Provide industry trends to assist in bank financing 

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Business Education 

New Ventures & Early Stage Businesses 

+ Writing a business plan 

+ Marketing basics 

+ Understanding financials & cash flow 

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covered 

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• Sales 

+ Market Diversification 

4. Social Media 

wtfmisbtdc.o g .copynght 2011 laSETPC"' glitf*Tory 

+ Received assistance from Tribal Governments in posting 

of Tribal Business Consultant Position 

+ Hired Tribal business consultants — Elaine Clement and 

Ross Miller 

+ Training for Tribal Business Consultants is ongoing 

+ Connected with all 12 Tribal Governments regarding 

establishment of services 

2009-2010 Version 7



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+ Had 55 sessions with Tribal Business contacts or 

Businesses 

+ Had 41 hours of contact and prep time for 55 sessions 

+ Traveled over 1600 miles 

+ Have engaged with several tribal member owned 

businesses for assistance in 

• Accessing financing 

• Starting a business 

• Market research 

▪ Strategic planning 

www.misbtdc,org C.PYrk/hi' .""itSZPG'"- All 09Attasl.,V61$ 

SMALL 1111:;NI:3;s 

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Tribal Assistance Requested 

• Share in the cash match requirements — each tribe 

provide $30,000/year for two years, once we 

demonstrate value to your Tribe 

+ Determine if a Business Resource Center is needed in 

your area & help identify location 

+ Serve on an advisory board to assist in developing the 

program for Tribal members 

+ Provide location for confidential business counseling 

and training 

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2009-2010 Version 8



1451111C1'1INF:i.ti Tribal Assistance - Communications 

PI VIII 71'111\7 CL :1'1 

• Provide information on MI-SBTDC services through 

newsletter, publications, web site & email 

+ Provide opportunities_to share program with Council 

members and appropriate committees 

+ Promote training opportunities for Tribal Members 

• Provide space to meet with clients which will provide 

confidential meeting area 

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uvww.nilsbt V.org 

Contact Information 

Nancy Boese, Business Tools Specialist 

616-331-7373 

boesen@civsu.edu 

Ross Miller, Tribal Business Consultant 

Lower Peninsula 

989-330-0395 

rrl v s u‘ e d u 

Elaine Clement, Tribal Business Consultant 

Upper Peninsula 

906-440-6801 

clementeC 

WC.. All rights resent 

inmsmomphadaMEM1 

2009-2010 Version 1

Memorandum 

TO: Greektown Casino Management Board and The Fine Point Group 

FROM: Roger Martin, APR, Martin Waymire Advocacy Communications 

Brian Brown, Martin Waymire Advocacy Communications 

Ron Khoury, Cusmano, Kandler & Reed 

Gary Reed, Cusmano, Kandler & Reed 

Marvin Beatty, Greektown Casino 

DATE: March 18, 2009 

RE: "Charitable Gaming" in Michigan 

Over the past month, the Michigan attorneys, lobbyists and PR teams for MGM Grand Detroit, 

MotorCity and Greektown have been meeting to discuss the rapid growth of "charitable gaming" 

in the state. Attending the meetings on behalf of Greektown Casino are attorneys from 

Honigman Miller, lobbyists from Cusmano, Kandler & Reed, representatives of Martin Waymire 

Advocacy Communications, and Greektown Community Relations Director Marvin Beatty. 

Specifically, we are examining the explosion over the past two years in "Millionaire Parties" 

featuring Texas Hold 'Em, Blackjack, and other table games similar to the games played every 

day on the floors of the three Detroit casinos. Here is what we have discovered so far from 

examining Michigan Lottery Bureau records, attending a few of the parties, and speaking with 

state gaming and Lottery regulators: 

• More than 15,000 charitable gaming events were held in Michigan last year. These 

include all types of charity games, with the biggest growth coming in "Texas Hold 'Ern" 

and similar casino-type games being played at Millionaire Parties. Three years ago, 

several hundred Millionaire Parties held around the state. If Michigan Lottery Bureau 

licensing records are accurate, at least a couple thousand Millionaire Parties will be held 

around the state in the next two to three months. 

• 2008 charitable gaming revenues totaled $479 million in Michigan, with a significant 

portion coming from casino-style poker games at Millionaire Parties. Lottery expects a 

significant increase this year. By comparison, revenues last year totaled $316 million for 

Greektown Casino, $464 million for MotorCity, and $578 million for MGM. 

• Only about $75 million went to charities, according to the Lottery Bureau. 

• These games — even the poker games — are not regulated in ways consistent with the 

same games at the three Detroit casinos. There is no state gaming tax. There are little to 

no licensing requirements for the dealers, suppliers, owners and employees of the 

companies running the games. In effect, they become "roving mini casinos" that are 

largely unregulated and untaxed. Dozens of them will be operating tonight — every night 

— in southeast Michigan counties. 

• In addition to the main games being played at the parties to benefit the charities, "side 

games" are also allowed. Even more revenues are generated at these games. 

• Literally dozens of suppliers have opened for business in Michigan to provide seating, 

tables, dealers, staff to the charities and hosting venues.

• Lottery Bureau records show Millionaire Parties are being held at bowling allies, pool 

halls, bars, restaurants, horse racetracks (Northville Downs has its own Millionaire 

Parties facility now), union halls, churches, public schools, and other venues large 

enough to accommodate several dozen people, table games and chairs. 

• The parties are held nearly every night of the week and in nearly all 83 Michigan 

counties. A search of Lottery Bureau records shows that six or more parties can be found 

on any given night in the larger population counties. 

Based on recent meetings between all the casinos, below is a brief explanation of our legal and 

public relations next steps: 

• We are in the process of filing a Freedom of Information request with the Lottery 

Bureau's Charitable Gaming Division to better understand the revenue numbers and to 

examine all of the documents (license applications, post-party reports, supplier 

information, etc) filed by the operators and charities. This will involve inspecting revenue 

reporting documents and identifying common gaming locations. We are also checking the 

backgrounds of the companies that run these games by examining articles of 

incorporation and annual reports filed at the state Corporations and Securities Bureau. 

• We are working to identify some groups and people (not connected to the casinos) who 

could be public messengers on the issue. We know certain mayors, city councils, antigambling 

organizations, state lawmakers and others have already expressed public 

concerns about the growth in this unregulated gambling. 

• We know a circuit court judge in Ingham County who says she is seeing a spike in 

criminal reports on the nights Millionaire Parties are being held at one venue in Lansing. 

We intend to track down the reports to determine what types of crimes are being 

investigated and prosecuted. 

• The coalition would like to conduct a public opinion poll to determine voter sentiment on 

the growth of charitable gaming. Based on past survey research, we expect voters to 

express concern about the fact that 18-year-olds can play at Millionaire Parties, there is 

little to no regulation of the operators and suppliers, there is no on-site policing of games 

by any state or local agency, the games pay no taxes, and more. 

• Legislation is being developed to address some of the regulatory concerns. Five to six 

new public policies likely will be proposed. 

• On March 26, Roger Martin and a representative of MotorCity are attending a "free" 

training conducted by the Lottery for people who want to learn how to run Millionaire 

Parties. 

• We are developing key messages for if and when the casinos are contacted for comment 

about the expansion of charitable gaming. 

• We know some members of the news media are interested in following developments 

related to this issue. At the right time, we will put those reporters in touch with legislators 

and others who can discuss the concerns and proposed solutions. 

• We are meeting next in a couple of weeks, after we know more from our FOIA request, 

after we attend the Millionaire Party training, and after the lobbyists have discussed 

possible legislation with supporters in the Capitol. 

2

A budget is being finalized and will be presented to you for approval before we move forward on 

anything that would incur a cost (likely FOIA charges from the state and the public opinion poll). 

We expect the initial cost of this research to be minimal if the casinos divide the expenses. 

We will keep you updated as we move forward with our efforts. Please let us know if you have 

any questions or comments. 

Thank you. 

3

NATIVE AMERICAN CHILDREN IN MICHIGAN 

A report to the W.K. Kellogg Foundation 

February 2012 

plainDEpTH 

CONSULTING 

David Cournoyer 

david@plaindepth.corn 

St. Paul, Minnesota

The W.K. Kellogg Foundation has targeted Michigan as 1 of 3 states nationally in which to 

focus resources in support of its mission to support "vulnerable children to achieve success 

as individuals and as contributors to...society." As one part of this overall mission, the 

Foundation's Michigan Team is interested in learning about issues relative to Native 

American children ages 0-8 in Michigan. 

As a first step, the Foundation contracted with an independent consultant to develop a 

report describing major programs and services operated at the tribal, state, local and 

federal levels. The goal was to paint an accurate picture of current programs, key leaders 

and staff, as well as trends, while setting the stage for productive dialogue among the 

Kellogg Foundation and Native American stakeholders and programs. 

There is no predetermined agenda or outcome for this exploratory work, outside of the 

KellOgg Foundation's publicly stated programming interests. The Foundation seeks "whole 

child development - ensuring the emotional, social, cognitive, physical, cultural and civic 

develoPment of young children, with a special emphasis an ages 0-8, within the context of 

families-and communities." 

With this wording, you can see.that the Foundation will consider cultural approaehes, 

family engagement strategies, and holistic efforts that addreSs health, education and other 

factorS. Increasing family economic assets, or economic security, is another critical interest. 

While the primary focus is on young children, there is consideration of approaches that 

involve parents, earegiverS, and Other family members in support of children's early 

learning and development. Kellogg's core program areas (or funding streams) are 

Education; Health, yell-being gl Nutrition; and Family Economic Security. 

In terms of education, the two primary goals are 1) childrenare ready for school, and 2) 

children are proficient in reading and math by third grade. The health-related goals include 

a healthy birth weight, as well as proper health care and nutrition for children's optinial 

develoPnient. For family economic security, the goal is for children and families to live at 

least 200 percent above the poverty level. 

The primary purpose of the report was to identify major programs, trends, opportunities, 

needs, and key personnel/decisionmakers relative to Native American children ages 0-8 

and their families in Michigan. In addition to reviewing Foundation grant materials and 

conducting web research, the consultant participated in meetings of United Tribes of 

Michigan, tribal education directors, and Inter-Tribal Council of Michigan-convened staff 

and stakeholders; conducted a web survey of 41 individuals; and conducted telephone 

interviews with more than 30 practitioners and decisionmakers. 

These conversations covered the period of July 2011 - January 2012. 

2

SUMMARY OF IDENTIFIED ISSUES 

The interviews, dialogues and survey results with Michigan stakeholders and Kellogg 

Foundation grantees revealed patterns of key issues and themes across multiple tribal 

communities that are critical to the context of Native children and families: 

▪ General 

o Economic development, natural resources and water issues; 

6 Healthy food, nutrition and adequate health/wellness services 

▪ Culture as a protective factor for children, a path to healing for families, 

and a vehicle for rebuilding tribal nations and communities 

o Revitalizing culture and language and developing culturally based 

approaches; 

o Considering the cultural dimensions of evidence-based practice, given the 

increasing role of such evidence in resource allocation; 

o Providing opportunities for Native people to explore issues of intergenerational 

trauma and grief as part of the healing process; and 

o Supporting a return to tribal traditions and core cultural values ("7 

Grandfather Teachings") to guide how families and communities should 

function and provide mutual support. 

• Increasing quality of child and family services 

o Promoting early intervention through home visiting and parent education/ 

support; 

o Connecting Native people more effectively to existing services and 

resources, while improving outreach and de-stigmatizing requests for 

assistance; 

o Finding more Native foster homes and parents; 

o Promoting greater collaboration, responsiveness and effectiveness of 

existing programs; 

o Increasing child outcomes by strengthening families and using 

intergenerational approaches; and 

o Making the case for increased attention on early learning & development. 

• Building capacity, supporting effective leaders and achieving strong tribal 

nations 

o Supporting tribal agencies in Indian child welfare/social services as well as 

tribal court systems, in order to more effectively support children and 

families and to protect tribal sovereignty. 

o Supporting capacity-building (e.g., research and data, project 

management, grantwriting) relative to addressing the trend in more 

competitive public and private grants funding, as well as to employing 

evidence-based approaches and integrating such approaches with 

indigenous approaches and values; 

o Supporting increased civic capacity of Native communities to capitalize on 

philanthropic traditions through service, volunteerism and nonprofit 

channels; and 

o Supporting leadership development of emerging leaders, child 

practitioners and others. 

3

THE NEED FOR SHARING AND NETWORKING 

The very name of Michigan is derived from an Ojibwe word for large water or lake, and 

indigenous people have lived in this land for centuries. The state is home to 12 federally 

recognized tribes, as well as many Native Americans who live in urban areas. 

With their culture, knowledge and landbase, Michigan tribes do have many assets. All 12 

tribes share core cultural traditions and beliefs. Together, the Ojibwe (or Chippewa), 

Odawa (Ottawa) and Potawatomi traditionally form the Council of Three Fires. They also 

share a resiliency as indigenous peoples who have found a way to survive generations of 

hardships and attacks. Over the last two decades, the tribes also have a growing track 

record of economic development primarily due to casinos. 

Native American families and communities use such assets in raising healthy, productive 

children. The birth of a child is considered to be the first ceremony along a lifespan of 

developing her talents and purpose in contributing to a strong family and to a healthy 

community. Native values reinforce mutual support across extended families. With ties to 

the land and water that span many generations, tribes hold knowledge in land stewardship 

and sustenance lifestyles. Cultural and spiritual traditions also sustain people and - in the 

wake of historical trauma and oppression - serve as a means of healing and as protective 

factors for children and families. 

Michigan's 12 tribes have established governments with appropriate infrastructure aimed 

at addressing their people's needs. As sovereign political entities, the tribes have just begun 

to push the boundaries of sovereignty in order to govern more creatively and responsively, 

and more effectively support their citizens. 

Michigan has not one but two established statewide entities - the Inter-Tribal Council of 

Michigan and United Tribes of Michigan - that seek to address the tribes' collective needs. 

Internal and external to these groups, several networks connect tribal managers and 

practitioners in such programs as Head Start and also in areas of education, health, 

behavioral health and social services. These networks are vehicles for sharing, learning and 

collaborating. 

ITCM is a coordinating intermediary body that assists in operating grant-funded programs 

with most of the tribes, while providing services and technical assistance to tribes. The 

tribes established the organization in 1968, and ITCM is currently affiliated with 11 of the 

12 tribes. Its work also encompasses Grand Rapids and Detroit. With more than 100 

employees, ITCM programming includes issues of child and family services, Head Start and 

early learning, postsecondary education, Indian child welfare, health, behavioral health, 

economic development and the environment. 

United Tribes of Michigan is an association of the state's 12 tribes, and United Tribes has a 

track record of regularly bringing together diverse groups of tribal leaders, key 

administrators, advocates and others. With a part-time executive director, United Tribes 

often serves as the interface between state government and the tribes on a range of 

socioeconomic issues. United Tribes does not typically seek grants. External partners 

provide sponsorship of meetings and other activities. One such activity is the Building 

4

Strong Sovereign Nations leadership development effort that targets newly elected tribal 

council members. 

There is clearly a need for a safe, creative space where tribal stakeholders can share ideas, 

understand common strategies and needs, and explore common ground. One key player 

asked whether the Kellogg Foundation itself would convene such a gathering. Such 

opportunities for networking and reflection are rare. At one multi-stakeholder meeting 

held to inform this report, one participant even noted, "Just having this meeting...has been 

very helpful." 

As a practical matter, creating a shared vision may first have to focus on stakeholders' own 

local communities before extending across tribal and geographic boundaries for a more 

collective view. The reality is that few practitioners have had the freedom to think 

strategically or proactively, beyond the scope of immediate responsibilities. Perhaps one 

possibility is a concurrent, two-track process of planning locally as well as globally. Such a 

process would generate buy-in and energy around priority activities. 

More than 40 stakeholders responded to a web-based survey seeking to learn more about 

current needs and services relative to Native children age 0-8 and their families. Asked to 

identify the five most important needs, respondents identified the following: 

• Provide families with holistic prevention strategies (e.g., health, violence, substance 

abuse). 

• Incorporate Native language and culture into early childhood development. 

• Increase collaboration among existing programs to maximize resources. 

• Communicate effectively to families about available programs & help. 

• Provide healthy food & more exercise for children. 

The next two highest ranked needs were to 

• Develop a community-wide vision/blueprint to support children's success; and 

• Provide more child development education/training to parents. 

The identification of holistic prevention strategies reflects a keen interest by stakeholders 

in proactively addressing root causes. In meetings and interviews, practitioner after 

practitioner bemoaned the lack of prevention services in Native communities. 

"A lot of times our system is more reactive than proactive," said Julie Barber, clinical 

supervisor of behavioral health for the Sault Tribe. "What's lacking is the proactive." 

Tribal culture is seen as the unifying glue for holistic strategies, especially when healthy 

human development encompasses cognitive, physical, mental and spiritual domains. Given 

assimilation, there is a need to teach basic values and re-teach cultural traditions, while 

reclaiming indigenous knowledge as it relates to tribal languages, native foods and plants, 

interacting with the environment, hunting and fishing, and conducting ceremonies. 

"If we're sending a message back to Kellogg, we really want to have our programs be 

culturally focused," said Eva Petoskey, director of the Anishnaabek Healing Circle-Access to 

5

▪ • 

Recovery substance abuse initiative that serves all tribes and the Detroit urban area. We 

have a diversity, a diverse population even in our communities with a wide range of people 

in terms of their beliefs and acculturation. That needs to be acknowledged and needs to be 

part of the discussion." 

Survey results and interviews confirmed that fostering greater collaboration among local 

programs is often a challenge. Issues of turf, control and competition over scarce resources 

factor in tribal settings just as they do in mainstream society. With greater trust, local 

programs could pool resources in order to serve more families more effectively, and 

common outreach and marketing efforts could succeed where previous efforts have not. 

Local programs' outreach and messages also must reduce the stigma associated with 

seeking help, and channels must target parent audiences at work and other places where 

they naturally congregate. "The piece that is missing is getting our parents on board - from 

the time they're pregnant, to the time their kids are starting a career," said Anne Suggitt, 

Sault Tribe Head Start director. 

Another web survey question asked stakeholders for the top three needs of their agencies 

or organizations. Respondents ranked these as most important: 

Community engagement/community building; 

Staff training/professional development on effective practices for children/families; 

and 

Grantwriting. 

Strategies in collaborating and community building are closely related; and authentic, highquality 

conversations are essential for people to develop trust and mutual understanding in 

workplace and community settings. All too often, Native communities (and families) are 

not honestly addressing the problem at hand, avoiding responsibility and failing to identify 

creative solutions. For a 2011 Promise Neighborhoods federal grant application to plan 

comprehensive cradle-to-college strategies, the Sault Tribe referred to its work as Project 

G'daktood, which translates to "talking about our difficulties." This indicates a telling need 

for effective dialogue as the foundation for community change. 

On the national level, the New Mexico-based Healthy Native Communities Fellowship 

Program trains teams of Native community coaches in "Art of Hosting" processes that 

promote more effective sharing, listening and reflecting as the foundation for meaningful 

action. In the mainstream world, these processes come from organizational learning and 

systems thinking. This program's resources and lessons would be applicable to Native 

people in Michigan. 

6

NATIVE AMERICAN CHILDREN IN MICHIGAN 

A report to the W.K. Kellogg Foundation 

February 2012 

1010111DEPTH 

CONSULTING 

David Cournoyer 

clavid@plaindepth.corn 

St. Paul, Minnesota 

1

The W.K. Kellogg Foundation has targeted Michigan as 1 of 3 states nationally in which to 

focus resources in support of its mission to support "vulnerable children to achieve success 

as individuals and as contributors to...society." As one part of this overall mission, the 

Foundation's Michigan Team is interested in learning about issues relative to Native 

American children ages 0-8 in Michigan. 

As a first step, the Foundation contracted with an independent consultant to develop a 

report describing major programs and services operated at the tribal, state, local and 

federal levels. The goal was to paint an accurate picture of current programs, key leaders 

and staff, as well as trends, while setting the stage for productive dialogue among the 

Kellogg Foundation and Native American stakeholders and programs. 

There is no predetermined agenda or outcome for this exploratory work, outside of the 

KellOgg Foundation's publicly stated programming interests. The Foundation seeks "whole 

child development - ensuring the emotional, social, cognitive, physical, cultural and civic 

develoPment of young children, with a special emphasis on ages 0-8, within the context of 

families and communities." 

With this wording, you can see.that the Foundation will consider cultUral approaChes, 

family engagement strategies, and holistic efforts that addreSs health, education and other 

factors. Increasing family economic assets, or economic security, is another critical interest. 

While the primary focus is on young children, there is consideration,Of approaches that 

involve parents, caregivers, and other family members in support of children's early 

learning and development Kellogg's core program areas (or fUnding streams) are 

Education; Health,Well-being & Nutrition; and Family Economic Security. 

In terms of education, the two primary goals are 1) children are ready for school, and 2) 

Childten are proficient in reading and math by third grade. The heatth-related goals include 

a healthy birth weight, as well as proper health care and nutrition fOr children's optimal 

develOPMent For family economic security, the goal is for children and families'td live at 

least 200 percent above the poverty level. 

The primary purpose of the report was to identify major programs, trends, Opportunities, 

needs, and key personnel/decisionmakers relative to Native American children ages 0-8 

and their families in Michigan. In addition to reviewing Foundation grant materials and 

conducting web research, the consultant participated in meetings of United Tribes of 

Michigan, tribal education directors, and Inter-Tribal Council of Michigan-convened staff 

and stakeholders; conducted a web survey of 41 individuals; and conducted telephone 

interviews with more than 30 practitioners and decisionmakers. 

These conversations covered the period of July 2011 - January 2012. 

2

SUMMARY OF IDENTIFIED ISSUES 

The interviews, dialogues and survey results with Michigan stakeholders and Kellogg 

Foundation grantees revealed patterns of key issues and themes across multiple tribal 

communities that are critical to the context of Native children and families: 

• General 

o Economic development, natural resources and water issues; 

• Healthy food, nutrition and adequate health/wellness services 

• Culture as a protective factor for children, a path to healing for families, 

and a vehicle for rebuilding tribal nations and communities 

o Revitalizing culture and language and developing culturally based 

approaches; 

o Considering the cultural dimensions of evidence-based practice, given the 

increasing role of such evidence in resource allocation; 

o Providing opportunities for Native people to explore issues of intergenerational 

trauma and grief as part of the healing process; and 

o Supporting a return to tribal traditions and core cultural values ("7 

Grandfather Teachings") to guide how families and communities should 

function and provide mutual support. 

• Increasing quality of child and family services 

o Promoting early intervention through home visiting and parent education! 

support; 

o Connecting Native people more effectively to existing services and 

resources, while improving outreach and de-stigmatizing requests for 

assistance; 

o Finding more Native foster homes and parents; 

o Promoting greater collaboration, responsiveness and effectiveness of 

existing programs; 

o Increasing child outcomes by strengthening families and using 

intergenerational approaches; and 

o Making the case for increased attention on early learning & development. 

• Building capacity, supporting effective leaders and achieving strong tribal 

nations 

o Supporting tribal agencies in Indian child welfare/social services as well as 

tribal court systems, in order to more effectively support children and 

families and to protect tribal sovereignty. 

o Supporting capacity-building (e.g., research and data, project 

management, grantwriting) relative to addressing the trend in more 

competitive public and private grants funding, as well as to employing 

evidence-based approaches and integrating such approaches with 

indigenous approaches and values; 

o Supporting increased civic capacity of Native communities to capitalize on 

philanthropic traditions through service, volunteerism and nonprofit 

channels; and 

o Supporting leadership development of emerging leaders, child 

practitioners and others. 

3

THE NEED FOR SHARING AND NETWORKING 

The very name of Michigan is derived from an Ojibwe word for large water or lake, and 

indigenous people have lived in this land for centuries. The state is home to 12 federally 

recognized tribes, as well as many Native Americans who live in urban areas. 

With their culture, knowledge and landbase, Michigan tribes do have many assets. All 12 

tribes share core cultural traditions and beliefs. Together, the Ojibwe (or Chippewa), 

Odawa (Ottawa) and Potawatomi traditionally form the Council of Three Fires. They also 

share a resiliency as indigenous peoples who have found a way to survive generations of 

hardships and attacks. Over the last two decades, the tribes also have a growing track 

record of economic development primarily due to casinos. 

Native American families and communities use such assets in raising healthy, productive 

children. The birth of a child is considered to be the first ceremony along a lifespan of 

developing her talents and purpose in contributing to a strong family and to a healthy 

community. Native values reinforce mutual support across extended families. With ties to 

the land and water that span many generations, tribes hold knowledge in land stewardship 

and sustenance lifestyles. Cultural and spiritual traditions also sustain people and - in the 

wake of historical trauma and oppression - serve as a means of healing and as protective 

factors for children and families. 

Michigan's 12 tribes have established governments with appropriate infrastructure aimed 

at addressing their people's needs. As sovereign political entities, the tribes have just begun 

to push the boundaries of sovereignty in order to govern more creatively and responsively, 

and more effectively support their citizens. 

Michigan has not one but two established statewide entities - the Inter-Tribal Council of 

Michigan and United Tribes of Michigan - that seek to address the tribes' collective needs. 

Internal and external to these groups, several networks connect tribal managers and 

practitioners in such programs as Head Start and also in areas of education, health, 

behavioral health and social services, These networks are vehicles for sharing, learning and 

collaborating. 

ITCM is a coordinating intermediary body that assists in operating grant-funded programs 

with most of the tribes, while providing services and technical assistance to tribes. The 

tribes established the organization in 1968, and ITCM is currently affiliated with 11 of the 

12 tribes. Its work also encompasses Grand Rapids and Detroit. With more than 100 

employees, ITCM programming includes issues of child and family services, Head Start and 

early learning, postsecondary education, Indian child welfare, health, behavioral health, 

economic development and the environment. 

United Tribes of Michigan is an association of the state's 12 tribes, and United Tribes has a 

track record of regularly bringing together diverse groups of tribal leaders, key 

administrators, advocates and others. With a part-time executive director, United Tribes 

often serves as the interface between state government and the tribes on a range of 

socioeconomic issues. United Tribes does not typically seek grants. External partners 

provide sponsorship of meetings and other activities. One such activity is the Building 

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Strong Sovereign Nations leadership development effort that targets newly elected tribal 

council members. 

There is clearly a need for a safe, creative space where tribal stakeholders can share ideas, 

understand common strategies and needs, and explore common ground. One key player 

asked whether the Kellogg Foundation itself would convene such a gathering. Such 

opportunities for networking and reflection are rare. At one multi-stakeholder meeting 

held to inform this report, one participant even noted, "just having this meeting...has been 

very helpful." 

As a practical matter, creating a shared vision may first have to focus on stakeholders' own 

local communities before extending across tribal and geographic boundaries for a more 

collective view. The reality is that few practitioners have had the freedom to think 

strategically or proactively, beyond the scope of immediate responsibilities. Perhaps one 

possibility is a concurrent, two-track process of planning locally as well as globally. Such a 

process would generate buy-in and energy around priority activities. 

More than 40 stakeholders responded to a web-based survey seeking to learn more about 

current needs and services relative to Native children age 0-8 and their families. Asked to 

identify the five most important needs, respondents identified the following: 

• Provide families with holistic prevention strategies (e.g., health, violence, substance 

abuse]. 

• Incorporate Native language and culture into early childhood development. 

• Increase collaboration among existing programs to maximize resources. 

• Communicate effectively to families about available programs & help. 

• Provide healthy food & more exercise for children. 

The next two highest ranked needs were to 

• Develop a community-wide vision/blueprint to support children's success; and 

• Provide more child development education/training to parents. 

The identification of holistic prevention strategies reflects a keen interest by stakeholders 

in proactively addressing root causes. In meetings and interviews, practitioner after 

practitioner bemoaned the lack of prevention services in Native communities, 

"A lot of times our system is more reactive than proactive," said Julie Barber, clinical 

supervisor of behavioral health for the Sault Tribe. "What's lacking is the proactive." 

Tribal culture is seen as the unifying glue for holistic strategies, especially when healthy 

human development encompasses cognitive, physical, mental and spiritual domains. Given 

assimilation, there is a need to teach basic values and re-teach cultural traditions, while 

reclaiming indigenous knowledge as it relates to tribal languages, native foods and plants, 

interacting with the environment, hunting and fishing, and conducting ceremonies. 

"If we're sending a message back to Kellogg, we really want to have our programs be 

culturally focused," said Eva Petoskey, director of the Anishnaabek Healing Circle-Access to 

5

Recovery substance abuse initiative that serves all tribes and the Detroit urban area. We 

have a diversity, a diverse population even in our communities with a wide range of people 

in terms of their beliefs and acculturation. That needs to be acknowledged and needs to be 

part of the discussion." 

Survey results and interviews confirmed that fostering greater collaboration among local 

programs is often a challenge. Issues of turf, control and competition over scarce resources 

factor in tribal settings just as they do in mainstream society. With greater trust, local 

programs could pool resources in order to serve more families more effectively, and 

common outreach and marketing efforts could succeed where previous efforts have not. 

Local programs' outreach and messages also must reduce the stigma associated with 

seeking help, and channels must target parent audiences at work and other places where 

they naturally congregate. The piece that is missing is getting our parents on board - from 

the time they're pregnant, to the time their kids are starting a career," said Anne Suggitt, 

Sault Tribe Head Start director. 

Another web survey question asked stakeholders for the top three needs of their agencies 

or organizations. Respondents ranked these as most important: 

• Community engagement/community building; 

• Staff training/professional development on effective practices for children/families; 

and 

• Grantwriting. 

Strategies in collaborating and community building are closely related; and authentic, highquality 

conversations are essential for people to develop trust and mutual understanding in 

workplace and community settings. All too often, Native communities (and families) are 

not honestly addressing the problem at hand, avoiding responsibility and failing to identify 

creative solutions. For a 2011 Promise Neighborhoods federal grant application to plan 

comprehensive cradle-to-college strategies, the Sault Tribe referred to its work as Project 

Gidaktood, which translates to "talking about our difficulties." This indicates a telling need 

for effective dialogue as the foundation for community change. 

On the national level, the New Mexico-based Healthy Native Communities Fellowship 

Program trains teams of Native community coaches in "Art of Hosting" processes that 

promote more effective sharing, listening and reflecting as the foundation for meaningful 

action. In the mainstream world, these processes come from organizational learning and 

systems thinking. This program's resources and lessons would be applicable to Native 

people in Michigan. 

6

TABLE OF CONENTS 

Indian Nations Practice Area Descriptions 

Indian Nations Overview 

Business & . Economic Development 

Environmental 

Energy 

Housing Law 

Finance 

Governmental Affairs 

Health 

Labor & Employment Law 

Litigation 

Real Estate 

Tax 

Attorney Team Biographies 

.16 

Brian L. Pierson .24 

John L. Clancy 

.28 

Brett D. Koeller 

.16 

Arthur J. Harrington 

...30 

Jessica A. Franklin .41 

Indian Nations Law Newsletter February 2012 .42 

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INDIAN NATIONS 

Overview 

Godfrey & Kahn, S.C. is a general practice business law firm of approximately 190 attorneys with offices in 

Milwaukee, Madison, Waukesha, Green Bay and Appleton, WI; and Washington, DC. The mission of the firm's 

Indian Nations Law Team is to support tribal governments and their attorneys in protecting tribal sovereignty, 

enhancing tribal self-government and promoting the welfare of tribal members. The firm supports organizations 

dedicated to improving the quality of life in Indian country and avoids asserting legal positions that might diminish 

tribal sovereignty. 

The Indian Nations Law Team provides a full range of legal services to Indian nations, tribal housing authorities, 

tribal corporations and other Indian country entities, with a focus on (1) business and economic development, (2) 

energy and environmental protection, and (3) housing development. Tribal practice areas include: 

• Business and Economic Development, including advice to tribes and tribal enterprises relating to legal 

infrastructure (corporate and LLC codes, commercial codes, corporate articles and bylaws, etc.), evaluation of 

business opportunities (business plans, due diligence investigations, negotiation of acquisitions, etc.) 

formation of tribal development corporations, and establishment of Community Development Financial 

Institutions (CDFIs) and other programs for housing and small business loans to members, and state and 

federal government contracting under 8(a) status 

• Housing, especially development of new housing for rental or ownership by tribal members, leveraging of 

NAHASDA block grants with private and public finance sources, establishment of programs to encourage 

home ownership and development of tribal realty codes, and land records codes and other laws to support 

home ownership on tribal trust lands 

• Environmental Law, including assistance in connection with development of tribal codes and ordinances to 

protect tribal natural resources, applications for treatment as state status under the Clean Water Act and Clean 

Air Act, Clean Air Act Class I status, and preparation of environmental assessments and environmental 

impact statements 

• Energy Law, including for-profit energy generation opportunities, green energy development (wind, forest 

waste, landfill methane, etc.), financing, structuring joint ventures and other development entities, 

maximizing opportunities under the Indian Tribal Energy Development and Self-Determination Act 

• Finance, including assistance in connection with conventional bank financing and taxable and tax-exempt 

bonds issued under the Indian Tribal Governmental Tax Status Act of 1982 for government facilities; health 

clinics; land acquisition; water, sewer, and other infrastructure; gaming facilities; and other government, 

public and economic improvements 

• Inter-Governmental Affairs, including advice in connection with state and federal legislative process; federal 

and state administrative agencies; and federal and state campaign finance, ethics, election and lobbying laws 

• Intra-Governmental Affairs, including advice on separation of powers; government structure; administrative 

organization and assistance in development of tribal laws that advance self-determination; improve stability 

and enhance sovereignty and confidential internal audits 

• Health Law, including advice to tribal clinics on operations, professional contracting, risk management and 

issues arising under the Self-Determination and Indian Health Care Improvement Acts 

• Taxation, including advice with respect to applicability of, and compliance with, federal and state tax laws; 

advice on structuring ventures as tribal enterprises as well as structuring ventures with non-tribal entities to 

take advantage of favorable tax treatment for Indian country enterprises; and representation in disputes with 

state taxation authorities and advice relating to the structuring of tribal benefit programs under the 'general 

welfare doctrine' to avoid adverse tax consequences

• Gaming Law, including IGRA compliance, certification issues, vendor contract reviews, and trademark and 

other intellectual property issues 

• Litigation in tribal, federal and state courts, including treaty rights matters, declaratory actions to prevent 

improper assertions of regulatory authority by state and local governments and other initiatives to protect 

tribal sovereignty 

The concept of the Godfrey & Kahn Indian Nations Practice Group is to combine the firm's experience in Indian law 

and tribal law with the experience of members of the firm's other practice groups (e.g. business, environmental, 

energy, housing, finance, tax, employment, labor, government law, litigation, real estate and employee benefits) to 

provide the best possible service to tribal clients. Members of the Indian Nations team are selected based on the 

relevance of their practice to the needs of tribal clients and their willingness to master the Indian and tribal law 

dimensions of their practice area. The firm does, of course, draw on the experience of attorneys outside the team when 

necessary. 

Indian Nations Law Team Members 

John C. Clancy Environmental & Energy Law 

Todd M. Cleary Employee Benefits 

Jessica Franklin Indian law, Environmental law 

Thomas E. Griggs Tax Exempt Finance 

Arthur J. Harrington Environmental & Energy Law 

Peggy Heyrman** Real Estate, Indian law 

Kim Koscinski Paralegal, Real. Estate 

Brett Koeller Business, Mergers & Acquisitions, Private Equity 

Michael J. Lokensgard+ Finance & Commercial Law 

Carol Muratore Real Estate 

David Navarre Business, Mergers & Acquisitions, Private Equity 

Thomas O'Day Labor & Employment Law, School Law 

Andrew Oettinger Litigation 

Ronald T. Pfeifer Labor Law (NLRA, Collective Bargaining, Unionization Issues) 

Brian L. Pierson++ Economic Development, Housing, Tribal Law 

Marlene Prahl*** Paralegal 

Jed Roher Taxation 

Mike Roubitchek Environmental & Energy Law 

Michael B. Wittenwyler Governmental Affairs & Political Law 

Choua L. yang Health Law 

Roxana Wizorek Intellectual Property, Commercial & Licensing Contracts 

Member, Oneida Nation of Wisconsin, former Assistant Secretary for Indian Affairs 

Member, Sault Ste. Marie Chippewa 

Former Staff attorney, Oneida Nation 

Indian Nations Law team leader 

Member, Sokaogon Chippewa Community 

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Offices 

Milwaukee 

780 N. Water Street 

Milwaukee, WI 53202 

TEL. 414-273-3500 

Washington, D.C. 

500 New Jersey Avenue, NW 

Suite 375 

Washington, D.C. 20001 

TEL. 202-628-0305 

(For information on all of our office locations, please visit www.gklaw.com.) 

For more information, contact Brian Pierson at 414-287-9456 or bpierson@gklaw.com. 

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Business & Economic Development 

The economic challenges facing tribes are unique. Like other governments, tribes must provide housing, health, 

education and other basic services to members. Unlike other governments, tribes lack a solid tax base from which to 

fund these services and must rely on a combination of federal funding and revenue from tribal enterprises. Despite the 

federal government's trust obligation, federal appropriations for Indian country have stagnated in recent years, falling 

far short of meeting the housing, health and other basic needs of tribal members. It is increasingly clear that the 

welfare of tribal communities will depend largely on the ability of tribal governments to find alternative revenue 

sources. Economic development is, therefore, essential. 

Godfrey & Kahn's Indian Nations Law Practice Group combines the experience of the firm's business lawyers with a 

thorough knowledge of federal Indian law and extensive Indian country experience to help tribes achieve their 

economic development goals while protecting and enhancing tribal sovereignty. The firm's Indian country economic 

development experience includes assisting tribes in connection with: 

• Establishment of the legal infrastructure required for economic development, including drafting of corporate, 

commercial and other business ordinances that encourage business while respecting sovereignty; 

• Preparation of business development plans developed with community participation that serve as a "road 

map" for economic development and provide a basis for tribes to pursue business opportunities proactively 

rather than responding to "pitches" by outside parties; 

• Design and implementation of due diligence procedures for the thorough evaluation of business opportunities 

to assure that the tribe does not invest funds in a project with little likelihood of success; 

• Structuring of tribally owned corporations or limited liability companies that provide for management by 

experienced business people and independence from tribal politics while, at the same time, assuring 

accountability to elected leaders through checks and balances; 

• Advice with respect to the differing tax, regulatory and sovereignty issues that arise depending upon whether 

a tribe forms a tribal corporation or a limited liability company under tribal law, state law or Section 17 of the 

Indian Reorganization Act; 

• Formation of tribally sponsored community development financial institutions (CDFIs) to encourage a private 

sector reservation economy by making business loans to tribal member entrepreneurs with funds provided by 

United States Department of the Treasury; 

• Effective use of federal and state laws designed to encourage economic development in Indian country, 

including laws that give preference to tribally owned businesses in competing for state and federal contracts 

and tax advantages available to outside parties that partner with tribes; 

• Representation in acquisitions, joint ventures, financing and other business transactions to assure that the 

tribe's sovereign interests are protected, that assets at risk are limited and that appropriate exit strategies are in 

place; and 

• Serving as a general resource of business information and services by bringing tribes together with bankers, 

venture capitalists, finance specialists, accounting firms and other business consultants and service providers 

within Godfrey & Kahn's broad network of business relationships. 

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Environmental 

Godfrey & Kahn's deep environmental experience and long history of involvement in legal initiatives to protect the 

environment have made it a natural ally for tribes seeking to protect water and air resources for future generations. 

The firm's recent Indian country experience includes: 

• Assisting tribal clients in a successful multi-year campaign to prevent development of zinc mining in 

northern Wisconsin, thus protecting vital reservation water and air resources for future generations; 

• Helping a tribal client obtain the first tribal Class I air quality re-designation by EPA since 1992. This 

authority will ensure the highest level of protection available under the Federal Clean Air Act from 

ambient concentrations of conventional pollutants (e.g. sulfur dioxide, particulate matter and nitrogen 

dioxide) on the reservation. Class I designation will enable the tribe to influence off-reservation 

development that could adversely affect reservation air quality. The Class I designation will have the 

secondary effect of preserving the pristine nature of large tracts of additional lands located outside the 

reservation that could otherwise be caused by these pollutants under the prior existing Class II standards 

that cover the rest of the state; 

• Assisting in the establishment of tribal "Little NEPA" and other environmental protection programs to 

protect tribal air, water, and other natural resources; 

• Assisting a tribe in the preparation of an environmental impact statement (EIS) in support of an 

application to take land into trust for gaming purposes; the EIS successfully withstood court challenges; 

and 

• Assisting tribes in the development of "green" energy initiatives that reduce the environmental impacts of 

a tribe's own commercial and government operations. 

In addition, the firm offers a full range of environmental legal services, including: traditional Environmental 

Practice (CERCLA, RCRA, Clean Air Act, Clean Water Act, etc.), land use, wetlands, water rights, 

conservation easements, municipal environmental issues, criminal and civil environmental litigation, regulatory 

compliance, risk transfer and environmental, brownfields, landfills, air permitting and compliance, political law. 

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Energy 

Godfrey & Kahn, a Wisconsin-based general practice business firm of approximately 180 lawyers, is a recognized 

regional leader in the field of energy law, representing a wide variety of clients on both state and federal energy law 

issues. We regularly represent clients before the Wisconsin Public Service Commission and the Federal Energy 

Regulatory Commission on regulatory rate cases and other matters. We assist clients on a wide variety of other energy 

matters, including negotiation of power purchase agreements, development of individualized energy tariffs, 

negotiation of energy facility purchase and sale agreements, energy development finance, development of energyrelated 

legislative and regulatory reforms, certification and sale of green energy credits, and development of green 

energy generation projects (wind, biomass, forest waste, solar). 

The State of Wisconsin recently hired Godfrey & Kahn to assist with the evaluation, selection and purchase of 

renewable energy to meet the mandate that renewable energy comprise at least 10% of the usage by state facilities. 

Our services included evaluation of proposals from potential energy providers in light of Public Service Commission 

requirements, relevant state policies and technical considerations. 

The firm's Indian Nations Energy Law practice reflects our tribal clients' "Seven Generations" environmental ethic 

based on respect for the natural world and responsible stewardship of water, air and other natural resources on behalf 

of future generations. Our tribal practice focuses on: 

• For-profit energy generation opportunities, including identification of potential sources of generation (wind, 

forest waste, landfill methane, etc.), market feasibility assessment, identification of financing sources, Indian 

Tribal Energy Development and Self-Determination Act issues, potential tax and other legal advantages, 

business entity structure (corporations, LLCs, joint ventures, etc.), facility construction and compliance; 

• Assistance in connection with Tribal Energy Resource Agreements under the Indian Tribal Energy and Self- 

Determination Act, permitting tribes, upon approval of the TERA, to enter into leases and other agreements 

without further approval by the Bureau of Indian Affairs or Department of Interior; 

• Maintaining tribal leadership in protecting the earth by helping tribes reduce tribal energy costs through 

adoption of "green" construction standards, energy audits and other tools used to reduce tribes' "carbon 

footprint"; 

• Establishment of a "Seven Generations" legal infrastructure, including enactment of an environmental code 

limiting green house gas emissions, establishment of green building codes and adoption of green procurement 

policies; 

• Establishment of forest "carbon sinks," conservancies and other devices that protect the environment and 

provide a potential economic return through regional, national or international carbon exchanges; 

• Intergovernmental affairs, including preparation of position papers, participation on state and regional energy 

boards and commissions, and negotiation with government officials to assure that the tribal perspective is 

taken into consideration in the establishment of standards to limit green house gas emissions. 

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Housing Law 

Godfrey & Kahn's Indian Nations Law Practice Group assists tribes, tribal housing authorities and other tribally 

designated housing entities, as well as nonprofit agencies that partner with tribes to meet the housing needs of tribal 

communities. Our housing law practice emphasizes development of new housing by leveraging NAHASDA block 

grants with other funding sources and establishment of programs to encourage home ownership by members. The 

firm's experience includes assistance in connection with: 

• Compliance with the requirements of the Native American Housing Assistance and Self-Determination Act of 

1996 (NAHASDA), including environmental reviews, procurement issues, finance and other matters 

• Structuring of tribally designated housing entities, whether traditional tribal housing authorities formed for 

purposes of the 1937 Housing Act, tribal housing departments or tribal housing corporations 

• Leveraging NAHASDA funds with other private and public sources of financing, including: 

o Rural Rental Housing loans from the United States Department of Agriculture under Section 515 of 

the Housing Act of 1949 

o Low Income Housing Tax Credits under Section 42 of the Internal Revenue Code 

o Affordable Housing Program subsidies from regional Federal Home Loan Banks 

o Tax-exempt bonds 

o State Affordable Housing Program funds 

o HUD Indian Community Development Block Grants 

o HUD loans guaranteed under Title VI of NAHASDA 

o HUD loans guaranteed under Section 184 of the Housing and Community Development Act of 1992 

o U.S. Department of Agriculture Community Facilities and Rural Utilities Services grants and lowinterest 

loans 

o HUD Section 202 subsidies for elderly housing 

• Establishment of legal infrastructure to support home ownership on tribal trust lands under long-term leases, 

including: 

o Tribal realty ordinances that (1) define ownership rights of members under long term leases and their 

ability to pass property to non-member spouses and children, (2) establish a land records system 

enabling tribes to reassume control over information relating to tribal lands, and (3) provide 

procedures, checks and balances for acquisitions and stewardship of tribal lands 

o Mortgage lending ordinances that (1) encourage mortgage lenders to lend to members on trust lands, 

(2) assure that tribal land remains occupied by members in the event of default, and (3) provide for 

tribal court jurisdiction, and tribal government participation, in foreclosure proceedings 

o Probate ordinances providing for rules to pass assets from one generation to the next through a tribal 

court process that serves the interests of members and respects tribal culture 

• Establishment and operation of tribal home mortgage loan programs and tribally sponsored mortgage lending 

institutions under the U.S. Department of Treasury's Community Development Financial Institutions (CDFI) 

program 

• Operational issues, including developer and architect contracts, construction contracts, employment matters, 

benefits and business transaction advice. 

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Finance 

Godfrey & Kahn's Indian Nations Law Practice Group assists tribes, tribally owned enterprises and tribally owned 

corporations in connection with conventional bank financing, government guaranteed or subsidized loans, taxable 

bonds and tax-exempt bonds under the federal Indian Tribal Government Tax Status Act. The firm's long tradition of 

representing lending institutions, together with our knowledge of the special circumstances relating to Indian country, 

enable us to close complex transactions in a timely, cost-efficient manner. Our finance experience includes 

representation of tribes in connection with: 

• Tribal gaming facilities, hotels, conference centers and related recreational facilities, including expansion 

projects, through bank loans and issuance of tribal taxable bonds 

• Tribal land acquisitions and government and other public facilities serving essential governmental functions 

through issuance of tax-exempt bonds under the Tribal Governmental Tax Status Act 

Tribal health clinics, roads, and other government facilities through conventional bank financing and grants 

and low interest loans under the United States Department of Agriculture's Community Facilities program 

• Tribal water and wastewater systems through grants and low-interest loans under the United States 

Department of Agriculture's Rural Utilities Service program 

• Affordable housing for tribal members using, in addition to federal block grants, funds provided through 

issuance of tax-exempt bonds, low interest loans under the United States Department of Agriculture's Rural 

Rental Housing Program, low income housing tax credits and Federal Home Loan Bank Affordable Housing 

Program grants 

Godfrey & Kahn is a nationally recognized bond counsel firm with an active municipal securities practice. Data 

compiled by Securities Data Corporation has ranked Godfrey & Kahn among the top five bond counsel firms in the 

North Central States in total number of long-term tax-exempt issues. In addition to our Indian country finance 

activities, we provide a full range of legal services to local and regional units of government, as well as private sector 

and 50I(c)(3) clients doing business with those entities. Typical public finance transactions include: 

• Debt financing for schools 

• Municipal projects such as streets, sewer and water improvements; county highways, courthouses and jails 

• Technical college buildings and equipment 

• Metropolitan sewerage district projects 

• Private manufacturing facilities 

• Hospital and health care facilities 

• Higher education facilities 

• Stadium financing (Green Bay Packers, $295 million renovation of Lambeau Field) 

In addition to fulfilling the traditional bond counsel role, we have served as counsel to tribal governments, issuers, 

underwriters, banking institutions, private sector and 501(c)(3) borrowers, credit enhancers and institutional investors. 

Our work in public finance and areas related to the public sector is varied and diverse and includes: 

• Bond counsel on traditional municipal debt financing, such as general obligation bonds and notes, 

water/sewer revenue bonds, cash flow borrowings, refundings, clean water fund loans and tax-exempt lease 

financing. 

• Bond counsel, underwriter's counsel, issuer's counsel, bank counsel, borrower's counsel, and credit 

enhancer's counsel on tax-exempt financing for privately owned and 501(c)(3) projects including 

hospital/health care and higher education facilities. 8

• Providing counsel to both public and private sector clients on tax increment financing issues. 

• Providing counsel to public bodies and broker/dealers regarding their obligations under, and compliance with, 

regulations promulgated by the Securities and Exchange Commission and the Municipal Securities 

Rulemaking Board governing public finance transactions. 

• Providing legal services in areas related to public finance, such as real estate, environmental law, construction 

law, public bidding, open meeting/public records law, inter-governmental agreements, condemnation, election 

law, state and local regulatory matters, and general municipal/school law matters and land use. 

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Governmental Affairs 

Effective tribal sovereignty and the full exercise of the tribal right of self-government requires (I) government 

structures that encourage political stability, (2) enactment of comprehensive tribal laws to preempt assertions of 

regulatory authority by state and municipal governments, and (3) tribal participation in federal and state political 

processes. The first two elements of effective sovereignty relate to internal matters while the latter two relate to a 

tribe's external relations. Godfrey & Kahn's Indian Nations Law Practice Group has experience assisting tribes in all 

three, including representation relating to: 

• Advice in connection with laws that provide separation of powers, establishment of independent tribal courts, 

and limited procedures for orderly administrative review of tribal government actions that do undermine 

elected leaders' ability to govern 

• Confidential internal audits of government operations, under the direction of a Godfrey & Kahn attorney and 

former federal prosecutor; such internal audits provide reliable information tribal leaders need, prevent 

needless unfounded rumors in the community, and allow tribes to correct their own problems without 

interference from outside law enforcement agencies that could damage the tribe's credibility 

• Drafting of tribal laws that assert the full measure of tribal regulatory authority under federal Indian law and 

assure that matters involving the a tribe and its members are heard in the tribe's court, including ordinances 

relating to land use, environmental matters, sacred sites, commercial dealings with members, consumer laws, 

etc., as well as laws that establish tribal law enforcement agencies, tribal realty offices and tribal land records 

systems 

• Advice in connection with state and federal legislative process, federal and state administrative agencies, and 

federal and state campaign finance, ethics, election and lobbying laws. Godfrey & Kahn's Political Law 

Practice Group can help tribe's navigate state and federal administrative and legislative process to promote 

economic development, achieve political goals and protect sovereignty. 

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Health 

Tribal health facilities face challenges unique in the health care industry. Like all other providers, tribal clinics must 

contract with medical doctors, nurses, and other health professionals; comply with HIPAA and other applicable 

federal laws; enter into contractual relationships with hospitals and other outside providers; and establish and 

implement policies to assure quality care to patients. Unlike other health clinics, however, tribal clinics must operate 

under federal contracts under the Indian Education and Self-Determination Act of 1975 and the Indian Health Care 

Improvement Act of 1976, which place restrictions on the patients clinics can serve and fail to provide adequate 

funding, particularly for contract health services. Moreover, underfunded tribal clinics must serve a population with 

special needs, including high rates of diabetes, hypertension, substance abuse and other pathologies related to decades 

of poverty and discrimination. 

Godfrey & Kahn's Health Care Practice group use their knowledge of the unique laws and circumstances that apply in 

Indian country to assist tribal health administrators and elected leaders in meeting the health needs of their 

communities, including advice in connection with 

• Clinic operations 

• Risk management 

• Professional contracts 

• Recruiting of professionals 

• Federal Tort Claims Act issues 

• Issues arising under the Self-Determination Act and Indian Health Care Improvement Act 

• Financing and construction of new facilities 

• Contract arrangements with outside providers and vendors 

• Employment policies 

• HIPAA compliance 

• Insurance structures 

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Labor & Employment Law 

Godfrey & Kahn's Indian Nations Law Practice Group understands that, in Indian country, employees are not just a 

"cost of business" but family, neighbors, friends and members who vote at tribal elections. Tribal leaders must 

balance their responsibility to operate government programs and tribal enterprises efficiently for the benefit of current 

and future members against the need to encourage members to develop their skills and support their families. 

In 2007, the District of Columbia Court of Appeals ruled that the National Labor Relations Board has jurisdiction 

over efforts by unions to organize tribal enterprise employees. The likelihood that unions will attempt to organize 

tribal workers presents new challenges for tribal leaders. Indeed, because of strict rules restricting employers' 

activities during union elections, if tribes wait until a union petition is filed to react, it may be too late. 

In the area of benefits, tribes, like all U.S. employers, struggle to offer "first class" benefits to employees in an era of 

skyrocketing health care costs. The uncertainty surrounding the ability of tribes to offer "government plans" under the 

Employee Retirement Income Security Act (ERISA), and the failure of Congress so far to enact clarifying legislation, 

adds to the challenge. 

Godfrey & Kahn's experienced employment and labor lawyers assist tribal leaders and tribal attorneys to achieve the 

goals of attracting high quality employees, developing the capabilities of tribal members and protecting tribes from 

infringement of rights of self-government. Our experience includes: 

• Operational advice to managers relating to hiring, discipline, benefits, etc. 

• Preparation of employee policies and handbooks, including grievance remedies that provide basic fairness to 

employees without undermining the authority of tribal managers 

• Proactive strategies to minimize the likelihood that a tribe will be the target of a union effort to organize the 

tribe's workers 

• Representation in disputes with federal or state agencies 

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Litigation 

When other means of dispute resolution are unsuccessful, litigation is sometimes necessary to protect tribal 

sovereignty. Godfrey & Kahn has attorneys experienced in all types of civil and criminal litigation in tribal, state and 

federal courts. Bar admissions include state and federal courts, including the United States Supreme Court, and 

various tribal courts. Two of the firm's litigators are past presidents of the Seventh Circuit Bar Association. 

Our attorneys' Indian country litigation experience includes: 

• Federal court litigation to protect the right of Chippewa spear fishers to exercise rights reserved under treaties 

of 1837, 1842 and 1854, resulting in a permanent injunction prohibiting interference with treaty-reserved 

rights. Lac du Flambeau v. Stop Treaty Abuse-Wisconsin, et al., 41 F.3d 449 (7th Cir. 1994), cert. denied 514 

U.S. 1096 (1995). 

• Federal court litigation to prevent state taxing authorities from attempting to exercise jurisdiction in Indian 

country in violation of federal law, resulting in a permanent injunction prohibiting efforts to tax tribal member 

residing on reservation with respect to income earned outside state. Lac du Flambeau v. Zeuske, 145 

F.Supp.2d 969 (W.D.Wis. 2000). 

• Representation of tribes in state courts in connection with a wide variety of business, commercial disputes and 

governmental disputes. 

• Representation of tribes in tribal courts in a wide variety of matters involving tribal constitutional issue, 

governmental affairs and commercial matters. 

The firm's experience includes matters involving joint tribal-state jurisdiction and consultation between state and 

tribal court judges to allocate jurisdiction pursuant to principles established by the Wisconsin Supreme Court's ruling 

in Teague v. Bad River Band, 2003 WI 118. 

13


Real Estate 

While important to all of our clients, land is uniquely important to tribes because of the vital link between tribal lands 

and tribal sovereignty. Godfrey & Kahn's Real Estate Practice Group and two of its members are ranked among the 

top real estate practices in Wisconsin by Chambers and Partners. The real estate group works closely with Godfrey & 

Kahn's Indian Nations Law Practice Group to provide integrated counsel to tribes on environmental, public finance, 

securities, bankruptcy and tax issues that often arise in real estate transactions. The firm has extensive experience 

representing tribes in connection with: 

• Assisting tribes in adopting policies for acquisitions, including identification of acquisition criteria and due 

diligence procedures 

• Acquisitions, including handling all related real estate, finance, and environmental issues 

• Fee-to-Trust applications to the Secretary of the Interior 

• Applications to the federal government for acquisition of excess government property 

• Establishment of tribal realty offices 

• Drafting of tribal realty ordinances addressing leases for home ownership and economic development, 

assignments and other forms of occupancy 

• Low income housing tax credits 

• Conservation trusts 

• Subdivision Development 

The team also represents financial institutions, owners, developers, contractors, construction managers, brokers and 

others in buying, selling, exchanging, leasing, financing, managing and developing real estate. Our experience 

include: 

• The first Act 453 brownfields redevelopment project in Wisconsin 

• Synthetic lease and multi-state securitized financings 

• Anchor tenant power center and strip shopping center retail leasing transactions 

• Office, retail and industrial park developments 

• New market, historic and low income tax credit projects 

• Tenancy-in-Common (TIC) arrangements 

• Tax Incremental Financing (TIF) districts and developments 

• Tax-deferred exchanges 

14


Tax 

Godfrey & Kahn has a long history of advising clients in a broad range of tax-related matters, including structuring of 

business ventures to take advantage of tax laws, disputes with the IRS and state taxation agencies, audit defenses, tax 

compliance and tax exempt financing. The Indian Nations Law Practice Group combines the firm's deep traditional 

tax experience with knowledge of the legal principles unique to tribes and tribal corporations to provide tribes and 

tribal attorneys with reliable tax advice that protects tribal tax immunities and encourages business development. Our 

experience includes: 

• Structuring tribal government benefit programs for members under the "general welfare doctrine" to avoid 

adverse tax consequences for members 

• Resistance to attempts by state agencies to assert taxation authority inconsistent with established federal 

Indian law principles protecting tribal sovereignty, including state sales taxes, tobacco taxes, fuel taxes, 

entertainer taxes etc. 

• Advice in connection with federal tax incentives for economic development in Indian country and joint 

ventures with taxable entities to take advantage of them 

• Internal audits of tribal programs to assure compliance with applicable federal laws 

• Tax issues relating to trusts established by tribes to protect the interests of minors in per capita distributions 

• Employment tax issues, including ERISA compliance, unemployment taxes, social security taxes and related 

issues 

Indian Nations Law Practice Group team leader Brian Pierson represented the Lac du Flambeau Chippewa Tribe in 

Lac du Flambeau v. Zeuske, 145 F.Supp.2d 969 (W.D.Wis. 2000). The case resulted in a permanent injunction against 

efforts by the State Department of Revenue to tax the earnings of a tribal member residing on the reservation with 

respect to activities off-reservation, but outside state boundaries. 

15

Practice Area 

Business 

• Indian Nations 

Milwaukee 

780 North Water Street 

Milwaukee, WI 53202-3590 

TEL (414) 287-9456 

FAX (414) 273-5198 

EMAIL bpierson@gklaw.com 

BRIAN L. PIERSON 

Brian Pierson leads the Godfrey & Kahn's Indian Nations Law Team. A 1983 graduate of the 

University of Wisconsin Law School (cum laude), Brian clerked for federal district judge Myron L. 

Gordon before entering private practice. Brian has twenty years experience representing Indian 

tribes, beginning with his successful representation of Chippewa Indians in federal court 

litigation to prevent racially-motivated interference with treaty-reserved, off-reservation fishing 

rights. 

As leader of the firm's Indian Nations team, Brian's primary objective is to draw on the 

knowledge and experience of G&K's attorneys to assist tribes in formulating and implementing 

strategies that strengthen tribal sovereignty, with a particular focus on business development, 

environmental protection, renewable energy and housing development. Brian also frequently 

advises tribes on tribal constitutional, ordinance and governance matters. Brian has worked on 

Indian land title records reform with the National Congress of American Indians and leasing 

reform with the National American Indian Housing Council (NAIHC). A frequent conference 

speaker and author on Indian law issues, Brian's 2010 articles on Indian country housing 

development and the Indian Nonintercourse Act were published in the American Bar 

Association's Affordable Housing Journal and the Federal Lawyer Magazine, respectively. He is 

the author of the NAIHC's 2010 Indian Country Housing Development Handbook. 

Brian is founding member, former board member and former chairman of the Wisconsin State 

Bar's Indian Law Section. He has been named a Wisconsin "Super Lawyer" each year since 

2005. Brian currently serves as Adjunct Professor of Law at Marquette University Law School in 

Milwaukee, where he teaches Indian law. 

Education 

Juris Doctor, University of Wisconsin Law School, 1983, cum laude 

Honors 

ACLU-Wisconsin's Civil Libertarian of the Year award 

Who's Who in American Law 

Wisconsin Super Lawyers- (2005 - 2011) 

News, Publications & Events 

Publications 

Client Communications 

Indian Nations Law Update - February 2012 

February 13, 2012 

Indian Nations Law Update - January 2012 

January 12, 2012 

Protecting Tribal Government from Official Misconduct 

December 20, 2011 

16

Indian Nations Law Update - December 2011 


Indian Nations Law Update - November 2011 

November 16, 2011 

Indian Nations Law Update - October 2011 

October 06, 2011 

Indian Nations Law Update - September 2011 

September 13, 2011 

Indian Nations Law Update - August 2011 

August 11, 2011 

Indian Nations Law Update - July 2011 

July 19, 2011 

Indian Nations Law Update - June 2011 

June 16, 2011 

Indian Nations Law Update - May 2011 

May 09, 2011 

Indian Nations Law Update - April 2011 

April 12, 2011 

Indian Nations Law Update - March 2011 

March 07, 2011 

Indian Nations Law Update - February 2011 


Indian Nations Law Update - January 2011 




Indian Nations Law Update - November 2010 


Indian Nations Client Update - October 2010 


Indian Nations Client Update - September 2010 


Indian Nations Law Update - August 2010 

August 30, 2010 

Indian Nations Update - July 2010 

July 08, 2010 

Indian Nations Update - June 2010 

June 16, 2010 

17

Indian Nations Update - May 2010 

May 11, 2010 

Indian Nations Update - April 2010 

April 13, 2010 

Health Care Reform Becomes Law: Indian Health Care Improvement Act Reauthorized 

April 08, 2010 

Indian Nations Update - March 2010 

March 19, 2010 

Indian Nations Update - February 2010 


Indian Nations Update - January 2010 




Indian Nations Client Update-November 2009-Act Now To Protect Your Land, Water & Air 


Indian Nations Law October Update-White Collar Crime Are You Prepared? 


Indian Nations Law Update - September 2009 


Federal Appeals Court Rejects State Challenge to Tribe's Clean Air Act Authority Over 

Off-Reservation Pollution 


Indian Nations Update - August 2009 

August 24, 2009 

Indian Nations Law Update - July 2009 

July 21, 2009 

Indian Nations Law Update - June 2009 

June 22, 2009 

Indian Nations Update-May 2009 

May 29, 2009 

Indian Nations Law Update - April 2009 

April 20, 2009 

U.S. Department of Energy - Energy Efficiency and Conservation Block Grant Program / Tribal 

Funding Fact Sheet - Deadline June 25, 2009 

April 02, 2009 

Tribal Economic Development Bonds - An Executive Summary for Tribal Leaders 

March 20, 2009 

18

American Recovery and Reinvestment Act Opportunities for Tribes 

March 01, 2009 

President Obama Signs American Recovery and Reinvestment Act 


Indian Nations Law Update 





August 01, 2008 


July 01, 2008 


June 01, 2008 


May 01, 2008 

Indian Nations Client Alert 


Indian Nations Client Alert 


Other 

Authored the chapter The Spearfishing Civil Rights Case: Lac Du Flambeau Band v. Stop Treaty 

Abuse-Wisconsin" of the book Minwaajimo: Telling a Good Story 

Great Lakes Indian Fish and Wildlife Commission 

September 2011 

Authored the chapter "Tribal Resistance to State and Federal Encroachments on Tribal 

Sovereignty" in the book Emerging Issues in Tribal-State Relations, 2011 ed., Thomson 

Reuters/Aspatore 

May 2011 

National American Indian Housing Council - 2010 Indian Housing Handbook 

July 09, 2010 

Developing Affordable Housing in Indian Country 

Journal of Affordable Housing, American Bar Association 

Spring/Summer 2010 

Pass the leasing reform bill 

Indian Country Today 

March 10, 2010 

Resolving a Perilous Uncertainty: The Right of Tribes to Convey Fee Simple Lands 

The Federal Lawyer 

March 01, 2010 19

Build America Bonds: Opportunities for Tribes 

July 15, 2009 

National American Indian Housing Council - Indian Housing Development 

May 11, 2009 

Housing and Economic Recovery Act of 2008: Opportunities for Tribes 


Unionization of Tribal Enterprises and the Employee Free Choice Act 


Determining Jurisdiction Over Non Tribal Members 

November, 2008 

Tribal UCC Workshop 

June 24, 2008 

NAIHC Presentation on Global Warming 


Indian Land Working Group 17th Annual Indian Land Consolidation Symposium 


Indian Housing Development Handbook 

2006 

In the News 

Brian Pierson authored "Developing Affordable Housing in Indian Country" (Journal of 

Affordable Housing & Community Development Law) 


Seminars & Events 

Annual Legal Update: Court Decisions Shaping Indian Law 


What's the Point of a Tribal Commercial Code? 


Proposed Fee-to-Trust Legislation and Other Recent Developments in Indian Law 

August 17, 2011 

Noteworthy Recent Court Decisions 

July 12, 2011 

Indian Tobacco's Fight for Survival in the Courts 

March 25, 2011 

Annual Legal Symposium of the National American Indian Housing Conference 


Annual Legal Symposium of the National American Indian Housing Conference 


Madison County v. Oneida Nation of New York and the Future of Indian Land Claim Litigation 

20


Using the Indian Housing Development Handbook American to Develop New Housing 


Applicability of Federal and State Employment Laws in Indian Country 

July 23, 2010 

Identify and Resolve Jurisdiction Disputes in the Indian Country 

June 23, 2010 

Jurisdiction on Tribal Lands 

June 23, 2010 

The Spearfishing Civil Rights Case: Lac du Flambeau v. Stop Treaty Abuse-Wisconsin 

July 28, 2009 

Indian Country Tax Credit Deals: A Tour of the Legal Agreements 

May 13, 2009 

Indian Country Tax Credit Deals 

April 08, 2009 

National American Indian Housing Council Tax Credit Training: Legal Review Requirements 


Housing and Economic Recovery Act of 2008: Opportunities for Tribes 


Unionization of Tribal Enterprises and the Employee Free Choice Act: New Challenges for Tribes 

in the Next Congress 


Using Tax-Exempt Bonds for Housing and Economic Development In Indian Country 


Anatomy of a Business Deal 

July 31, 2008 

Tribal Uniform Commercial Code Workshop 

June 24, 2008 

Land Issues in Connection with the Use of Low-Income Housing Tax Credits in Indian Country 

May 12, 2008 

Recent Developments In Indian Law 

May 09, 2008 

ILSA Conference "Coming Together of the People" 


Capital Infusion - Legal Systems that Support Economic Sovereignty 


Recent Cases Relating to Indian Lands and Reform of Federal and Tribal Leasing Laws 


21

Labor Relations in Indian Country 

March 23, 2007 

Meeting the Challenge of Labor Unions in Indian Country 

March 13, 2007 

San Manuel v. National Labor Relations Board and Labor Unions in Indian Country 

March 07, 2007 

Establishing a Tribal Legal Framework to Support Housing and Economic Development in 

Indian Country 


MAST Tribal Pension Seminar 


Annual Indian Law Update 

May 04, 2006 

"IRS Guidance on the Taxability of Tribal Government Benefits" and "Removing Legal Barriers 

to Indian Housing" 


"Supreme Court Overview 2005-2006 Term, Swapping Rehnquist for Roberts and O'Connor for 

Alito" and "The Jay Treaty of 1794 and the Right of Tribal Members to Transit the Canadian 

Border" 


Transitioning to a Sovereignty-Based Legal Infrastructure for Home Ownership on Tribal Trust 

Lands 


Housing Organization for the Future 


Challenging State Income, Fuel, Sales and Tobacco Taxes on Nonmember Indians Living In 

Indian Country: An Intertribal Approach 

July 22, 2005 

Transitioning to a Sovereignty-Based Legal Infrastructure for Home Ownership on Tribal Trust 

Lands 

June 15, 2005 

How Tribal Probate Law Can Encourage Home Ownership on Tribal Trust Lands 

May 18, 2005 

Developments in Indian Law, Annual Update 

May 06, 2005 

Admissions & Activities 

Admitted to Practice 

Wisconsin - 1983 

22

Court Admissions 

United States Supreme Court 

United States Court of Appeals, Seventh Circuit 

Various tribal courts 

Activities 

Wisconsin State Bar Indian Law Section past chair and board member 

Red Cliff Chippewa Business Board of Directors Member 

Academic 

Adjunct Professor, Marquette Law School 

23

Practice Areas 

Business 

• Environment & Energy 

Strategies 

■ Indian Nations 

• Renewable Energy and 

Energy Efficiency 

Milwaukee 



TEL (414) 287-9256 

FAx (414) 273-5198 

EMAIL jclancy@gklaw.com 

JOHN L. CLANCY 

John L. Clancy is a shareholder in the Milwaukee office, and the leader of the environmental 

and energy strategies team. 

John provides environmental and energy-related services to a wide variety of entities, including 

industrial, commercial, tribal, municipal and trade association clients. In the environmental 

arena, John has represented clients with respect to a wide variety of traditional environmental 

issues, including Brownfield redevelopment, mining and mining waste matters, solid waste 

landfill sitings, solid and hazardous waste site closure and site remediations, and has provided 

National Environmental Policy Act, Superfund, RCRA, Clean Water Act, and Clean Air Act 

counseling and litigation services. John received the 2004 Leader in Law award from the 

Wisconsin Law Journal for his successful representation of the Forest County Potawatomi 

Community with respect to their opposition of the proposed Crandon Mine. 

John's energy-related work includes advice regarding funding opportunities for renewable 

energy and large energy efficiency projects, the siting of both renewable and traditional energy 

facilities, negotiation of power purchase agreements, purchases and sales of energy facilities, 

certification and transfers of renewable energy credits, negotiation of co-generation facility 

agreements, land use disputes regarding the siting of transmission lines and related facilities, 

negotiation of individualized energy tariffs, intervention in regulatory rate cases and advice 

regarding tribal energy issues and development. 

Education 

Juris Doctor, University of Virginia School of Law 

Bachelor of Arts, University of Wisconsin-Madison, 1986, Phi Beta Kappa 

Honors 

Wisconsin's Leaders in Law Award from the Wisconsin Law Journal in March 2004 

Best Lawyers in America - Environmental Law - (2010 - 2012) 

Chambers and Partners Directory of America's Leading Business Lawyers - 2011 


Publications 

Godfrey & Kahn's Environmental and Energy Strategies Team Can Help Clients Locate and 

Obtain Financial Incentives for their Energy Efficiency and Renewable Energy Projects 


Environmental/Energy Update- December 2009 





U.S. Department of Energy - Energy Efficiency and Conservation Block Grant Program / Tribal 

Funding Fact Sheet - Deadline June 25, 2009 

24

April 02, 2009 

Key Renewable Energy and Energy Efficiency Provisions in the American Recovery and 

Reinvestment Act of 2009 

March 17, 2009 

Tribal Leader Alert 


Midwest Governor's Pact on Climate Change 


Climate Change Presents Financial Opportunities for Wisconsin Businesses 

The Business Journal of Milwaukee: Go Green Business Update 

June 22, 2007 

In the News 

Godfrey & Kahn Attorneys & Practice Groups Achieve Top Rankings in State (Chambers & 

Partners) 

June 15, 2011 

John Clancy and Jessica Gordon featured in Today's TMJ4 Earth Day broadcast. (Today's TMJ4) 

April 21, 2011 

John Clancy named to the Wisconsin Solar Energy Industries Association board of directors in 

"WiSEIA: Elects first board of directors" (Wispolitics.com) 


John Clancy was listed as "Best Lawyers in America - 2010 Milwaukee Area" (The Business 

Journal) 


John Clancy authored "How to get your piece of the STIMULUS" (BizTimes) 


John Clancy authored "Not all news is bad news for business" (The Business Journal) 


John Clancy authored "Godfrey & Kahn Transit Policy: Green Office Policy- Good for Business" 

(1000 Friends of Wisconsin Landscapes) 


John Clancy authored a letter to the editor of The Economist which is featured in the 

Environmental Concerns section. 

June 30, 2007 


ABA Section of Environment, Energy and Resources 18th Section Fall Meeting 


Financing Alternative Energy Projects 


Tribal Energy Independence: Forest County Potawatomi Example 

25

GODFREYKAHNsc 


The Meaning of Recent Landmark Climate Change Decisions:Connecticut v. AEP, Corner v. 

Murphy Oil and Native Village of Kivalina v. ExxonMobil Corp. et al. 


Wisconsin Bar Association's 60th Annual Tax School: Energy Tax Incentives 


National Indian Gaming Association 2009 - Tradeshow & Convention 

April 13, 2009 

Why Your Organization Should Adopt a Climate Change Strategy Now, a webinar hosted by 

Godfrey & Kahn 

June 27, 2007 

Representative Matters 

Crandon Mine project. John represented the Forest County Potawatomi Community in the 

Tribe's opposition to the application for mining permits under state and federal laws. The 

proposal involved one of the most significant zinc and copper underground ore deposits in 

North American, but it would have been located in culturally-significant pristine and 

wetland-filled area at the headwaters of the wild and scenic Wolf River. The matter was 

successfully concluded with the Tribe's innovative buy-out of the applicant's interest in surface 

and mineral rights associated with the project. John has been recognized with Wisconsin's 

Leaders in Law Award from the Wisconsin Law Journal for his work on this matter. 

Wisconsin Initiative Seeking Energy Reform ("WIser").John worked both to form and represent 

Wiser, an energy user group focused on lobbying for changes in Wisconsin energy law for end 

users. WIser's members included some of the largest manufacturing and commercial 

companies with facilities located in the State of Wisconsin. 

Governor's Task Force on Global Warming. John recently represented a member of and has 

served on several work groups for the Governor's Task Force on Global Warming. In this role, 

he has worked on a number of energy and related policies to reduce greenhouse gas 

emissions. He also works with a number of clients on sustainability initiatives, including carbon 

audits and reduction programs, and on strategies to maximize the financial value of these 

initiatives. 

Huron Potawatomi Casino. John successfully represented the Nottawaseppi Huron Band of 

Potawatomi Indians with respect to their request to place land along 1-94 near Battle Creek, 

Michigan into trust for a new casino. Opposition groups had successfully sued the Bureau of 

Indian Affairs regarding the environmental assessment performed for the fee-to-trust 

acquisition. John represented the Tribe with respect to the environmental impact statement 

that was prepared in response to litigation. Upon completion of the EIS, the opposition group 

agreed to withdraw all claims with respect to the environmental evaluation. The casino is now 

under construction. 

Emerald Park landfill. John represented the City of Muskego on a contested case hearing 

26

opposing one of the largest proposed expansions of a municipal solid waste facility in the State 

of Wisconsin. At the conclusion of the eighteen-day contested case hearing, the matter was 

resolved by a negotiated agreement, which substantially reduced the size and impacts of the 

expansion and awarded the City with the largest fee-per-ton payment for municipal waste to 

date in the State of Wisconsin. 

Potawatomi Class T status. John successfully helped represent the Forest County Potawatomi 

Community with respect to its request for Class I air designation. This is the first tribal Class 

air designation since 1992 and allows the Tribe to better protect the air quality over its 

reservation. 




Professional Association Memberships 

American Bar Association 

State Bar of Wisconsin 

Activities 

Vice-Chair, Climate Change, Sustainable Development and Ecosystems Committee of ABA 

Environmental Law Section. 

President, Urban Ecology Center. 

Board member, 1000 Friends of Wisconsin. 

Board member, Rotary Club of Milwaukee. 

27


Business 

• General Corporate 

• Mergers & Acquisitions 

• Private Equity 

• Venture Capital 


Milwaukee 



TEL (414) 287-9445 

FAX (414) 273-5198 

EMAIL bkoeller@gklaw.com 

BRE'TT D. KOELLER 

Brett D. Koeller is a shareholder in our Milwaukee office and a member of the Corporate 

Practice Group. Brett's practice focuses primarily on buy- and sell-side acquisitions, debt and 

equity financings, and general business law issues. Brett's acquisition experience includes 

representative matters involving both strategic and financial buyers and public and 

privately-held sellers, as well as tribal corporations. In addition to his broad experience as a 

transactional advisor, Brett regularly consults with clients on general corporate structure, 

contract and other business law concerns and in this manner acts as outside general counsel to 

a number of the Firm's privately-held clients. Brett has also helped several privately-held 

companies transition ownership to younger generations and management. 

Brett joined the Firm in 2002 and is a member of the Firm's Marketing and Recruiting 

Committees. 

Brett is a member of the Steering Committee for the Wisconsin Entrepreneurs' Conference and 

has served as a panel moderator, is a contributor to programs for BizStarts Milwaukee and has 

participated in seminars for the Firm's clients, on topics including acquisitions, investments and 

business formation issues. 

Education 

Juris Doctor, University of Michigan Law School, 2002, magna cum laude, Order of the Coif, 

Michigan Law Review 

Bachelor of Arts, University of Wisconsin-Madison, 1999, Political Science and International 

Relations, with honors 

Honors 

Wisconsin Rising Stars, 2011 


In the News 

Brett Koeller, Patrick Murphy and Alexander Hansch featured in "New Hires, Promotions, 

Partners" (Wisconsin Lawyer) 


Brett Keoller and Patrick Murphy featured in "People on the Move" for being elected 

shareholders. (Milwaukee Business Journal) 


Brett Koeller, Patrick Murphy and Doug Poland featured in "Personnel File" (BizTimes) 



A & A Manufacturing Co., Inc. - Sale to Audax Group 

28

Goldner Hawn Private Equity - Acquisition of Mid Valley Industries, LLC 

Marshall & Ilsley Corp. - Acquisitions of Delta Asset Management, First Indiana Corp., Taplin, 

Canida & Habacht, Inc. and Trustcorp 

MetalTek International, Inc. - Acquisition of Sandusky International Inc. and Mackson Inc. 

Northland Stainless, Inc. - Sale to Samuel Manu-Tech (U.S.) Inc. 

Progeny, Inc. - Sale to Midmark Corporation 

ReGENco LLC - Sale to Toshiba International Corporation 

Schneider Logistics - Sale of Schneider Logistics Europe s.r.o. to ExiService Holdings, Inc. 

Sportsman Channel, Inc. - Sale to InterMedia Partners 

Super Steel Products Corp. - Management Buy-out , Ownership Transition and Financing Matters 

UMB Fund Services, Inc. - Acquisition of Managed Account Solutions business of J.P. Morgan 

Worldwide Securities Services 

Wacker Neuson Corporation - Acquisition of Ground Heaters, Inc. 

Ward Adhesives, Inc. - Sale to Ellipse Capital 






Milwaukee Bar Association 


Activities 

BizStarts Milwaukee 

Wisconsin Entrepreneurs' Conference 

29


Business 


Strategies 


• Renewable Energy and 

Energy Efficiency 

Milwaukee 



TEL (414) 287-9414 

FAX (414) 273-5198 

EMAIL 

aharrington@gklaw.com 

ARTHUR 1 HARRINGTON 

Arthur J. Harrington is Chair of the firm's Environmental and Energy Law Practice Group. He 

has a reputation for representing a diverse cross-section of clients including Fortune 500 

business, municipal, land trust, tribal and state agency clients to accomplish their respective 

environmental and energy goals. This diverse client mix provides Mr. Harrington with a unique 

perspective for achieving client goals in often complex environmental and energy engagements. 

Mr. Harrington is particularly proud of his role where he has utilized his diverse client 

experience to develop successful legal strategies for Brownfield developments, sustainable 

business plans and renewable energy projects for the Firm's clients. 

These accomplishments for clients are achieved, in part, through Mr. Harrington's experience 

with state and federal agencies that often play an important role in the ultimate success for 

such projects. For example, he is privileged to serve on one DATCP and four DNR Task Forces 

as a result of appointments made by the Secretaries of these respective agencies. These Task 

Forces include: the DNR Brownfield Advisory, the Sediment Advisory, the Contaminated Soil 

Advisory, the Green Tier Advisory and the Lead/Arsenic Advisory Committees. 

He received his undergraduate Bachelor of Arts degree in economics and his Juris Doctor 

degree from the University of Wisconsin. His academic honors include Phi Beta Kappa, Order of 

the Coif, and a member of the Wisconsin Law Review, where he also served as note and 

comment editor. He is rated AV by Martindale-Hubbell. 

Education 

Juris Doctor, University of Wisconsin Law School, Order of the Coif 

Bachelor of Arts, University of Wisconsin-Madison, 1972, Economics, Phi Beta Kappa 

Honors 

Listed among the top 100 most influential people in the Milwaukee area in the Business Journal 

2010 Power Book 

Listed among the top 50 lawyers in the State of Wisconsin as a result of a lawyer survey 

conducted by Wisconsin Super Lawyer - (2005 - 2011) 

Received Wisconsin Law Journal's Leaders in the Law award in March 2004 for Crandon Mine 

efforts 

Named among the top environmental lawyers in each of the last three surveys conducted by 

Milwaukee Magazine 

Listed in the Best Lawyers of America, Environmental Law category (1989 - 2012) 

Chambers and Partners Directory of America's Leading Business Lawyers - 2010 and 2011 


Publications 

Wisconsin Creates Green to Gold Loan Fund for Business for Energy Efficiency Projects 

May 19, 2010 

State Voluntary Cleanup Programs: Wisconsin 

Brownfields: A Comprehensive Guide to Redeveloping Contaminated Property, 3d ed. (2010) 

30

2010 

Godfrey & Kahn's Environmental and Energy Strategies Team Can Help Clients Locate and 

Obtain Financial Incentives for their Energy Efficiency and Renewable Energy Projects 


Environmental/Energy Update- December 2009 


Recent Developments Will "Turn Up the Heat" in Debate Surrounding Federal Climate Change 

Legislation 





Safe Harbor in Financial Storms: Renewable Energy Projects 

Summer, 2009 

Forest County Potawatomi Wins 14-Year Environmental Battle 

Indian Gaming Magazine 

May 01, 2009 

Energy Users Must Plan Now for the Future as Carbon Dioxide Regulation Risk Explodes with 

Recent Developments 

April 28, 2009 

Key Renewable Energy and Energy Efficiency Provisions in the American Recovery and 

Reinvestment Act of 2009 

March 17, 2009 

Top 10 List of Business Opportunities in the Stimulus Bill 

BizTimes Milwaukee 

March 06, 2009 

Tribal Leader Alert 


Hidden Green Jewel: Businesses can gain credits for green reductions 

BusinessWatch 

April 15, 2008 

Midwest Governor's Pact on Climate Change 


All Chemical Facilities Must Submit a Top Screen Assessment to DHS by January 19, 2008 


New Homeland Security Regulations May Require G&K Clients to Submit a 'Top Screen' 

Assessment of Chemicals Present at Their Facilities Early This Fall 

July 06, 2007 

Climate Change Can Create Business Opportunities 

May 11, 2007 

31

Wisconsin DNR Signs on to EPA's "One Clean-Up Program" in an Effort to Streamline Clean-Up 

Efforts In Wisconsin 


GIS Registry Review is a Crucial Element of a PHASE I ESA 


Attainment Redesignation May Result in Less Air Pollution Regulation 


Water Can Bridge Regional Gap (Waukesha County Report) 

Small Business Times 


DNR Establishes New Registration Air Permits 


New Law Expands Charitable Conservation Easement Tax Incentives 


2006 Brownfields Legislation Eases Burdens 

July 26, 2006 

Federal Air Regulatory Update and Wisconsin's Green Tier & Air Program 

March 07, 2006 

Wisconsin Should Adopt 'Climate Exchange' 

Business Journal of Milwaukee 

June 18, 2004 

Federal Clean Up Relief for Small Businesses 

April 2002 

A Wisconsin Brownfield Primer, published by the University of Wisconsin Law School 

1998 

In the News 

Art Harrington featured in "The Good Life: Paint for pleasure" (Milwaukee BizTimes) 


Art Harrington quoted and featured as counsel in "Kenosha Chrysler plant may be razed" 

(Milwaukee Journal Sentinel) 


Art Harrington quoted in "Lawyers gather in Wausa to talk mining laws" (Fox News - Wausau) 

August 25, 2011 

Art Harrington quoted in "Mining proposals mean lawyers should prepare for issues" (State Bar 

of Wisconsin) 

July 20, 2011 

Godfrey & Kahn Attorneys & Practice Groups Achieve Top Rankings in State (Chambers & 

Partners) 

June 15, 2011 

32

Art Harrington featured in "Movers" (Corporate Report Magazine) 

June 01, 2011 

Art Harrington mentioned in "What's news" (Wisinfo.com) 

May 22, 2011 

Art Harrington featured in "What's news" (Appleton Post Crescent) 

May 21, 2011 

Art Harrington quoted in "Walker, GOP reversing green initiatives" (Milwaukee Journal Sentinel) 

May 07, 2011 

Art Harrington quoted in "Economic forces drive transition from fossil fuels" (Milwaukee Journal 

Sentinel) 

March 11, 2011 

Art Harrington quoted in "Mining operations ready to test state law" (The Daily Reporter) 

March 01, 2011 

Art Harrington quoted in "The bar's need for speed" (Wisconsin Law Journal) 


Dave Gilles and Art Harrington pictured in "After Hours: The future of energy" (The Business 

Journal) 


Art Harrington quoted in "Consumers like green, but not mandates" (The Business Journal of 

Milwaukee) 


Art Harrington featured in "Powerful People at Power Book Event" (The Business Journal of 

Milwaukee) 


Art Harrington comments on the affordable clean-up plans used to help solve Oak Creek 

contamination problems in "Oak Creek seeking water firms for site". (Business Journal) 


Art Harrington was featured in "Law firm seeks admission into DNR program" (Wisconsin Law 

Journal) 


Arthur Harrington was quoted in "The land of high gas prices" (Milwaukee News Buzz) 

June 07, 2010 

Art Harrington was quoted in "Milwaukee-area companies step up green energy efforts" 

(Milwaukee Journal Sentinel JSOnline). 

March 25, 2010 

Art Harrington was quoted in "Experts urge businesses to plan ahead for carbon rules" 


March 06, 2010 

Art Harrington was mentioned on January 28 on OnMilwaukee.com in "History will be the Judge 

of Obama's Stimulus Plan" 

33


Art Harrington was pictured and mentioned in the Fourth Quarter Public Policy Forum Footnotes 

"Stimulus program stimulates debate." 


Arthur Harrington was quoted in the January 8 issue of Biz Times "History will be the Judge of 

Obama's Stimulus." 


Art Harrington was quoted in "Godfrey & Kahn, Natural Resources Foundation of Wisconsin: 

Partner for pro bono project in Costa Rica" (WisPolitics.com) 


Art Harrington was quoted in "Stimulus projects keeping lawyers busy" (Milwaukee Business 

Journal) 


Art Harrington was listed as "Best Lawyers in America - 2010 Milwaukee Area" (The Business 

Journal) 


Art Harrington was quoted in "The Trickle-Down Effect" (Corporate Report) 

July 01, 2009 

Art Harrington was quoted in "Water law rising as a new practice area: Marquette Law School 

adds new course to curriculum" (Wisconsin Law Journal) 

June 22, 2009 

Art Harrington was mentioned in "MATC hosts seminar on green stimulus opportunities" 


June 16, 2009 

Art Harrington was mentioned in "West Bend business seminar focuses on stimulus spending" 


April 09, 2009 

Art Harrington was quoted in "Looking for sunny spots" (Milwaukee Journal Sentinel) 

March 23, 2009 

Rick Bliss, Art Harrington, Mark O'Neill, and Peter Sommerhauser were pictured in "The Road to 

Economic Recovery" (BizTimes) 

March 20, 2009 

Art Harrington was quoted in "Stimulus package creating work for lawyers, accountants" (The 

Business Journal) 

March 13, 2009 

Art Harrington was quoted in "Energy summit to highlight what stimulus means for state" 


March 06, 2009 

Art Harrington was quoted in "Stimulus expected to help small firms weather storm" (The 

Business Journal) 

34


Art Harrington was quoted in "Solar power gets turned on: Johnson controls' sun farm, with 

nearly 1,500 panels, is the largest in the state" (Miwaukee Journal Sentinel) 


Winston Ostrow was quoted and pictured and Art Harrington was quoted in "Making pollution 

more expensive: Carbon emission cap-and-trade systems would encourage less pollution" 

(Marketplace Magazine) 


Art Harrington was mentioned in "Native American tribe to White House: don't relax clean-air 

requirements" (Blogspot) 


Art Harrington was quoted in "Panel considers landfill plan" (Milwaukee Journal Sentinel) 


Art Harrington was quoted in "Unstable Atmosphere" (Business Journal) 

August 08, 2008 

Art Harrington was quoted in "Greenhouse gas policy a matter of time" (Business Journal) 

June 20, 2008 

Art Harrington was featured on the front cover of the Wisconsin Law Journal in the article 

"Firms give environmental efforts green light" (Wisconsin Law 3ournal) 

May 05, 2008 

Art Harrington was quoted in "Make some green promoting green practices" (Wisconsin Law 

Journal) 

May 05, 2008 

Art Harrington authored "Prepare Now for the Onset of Offsets" (Business Journal) 

April 18, 2008 

Art Harrington and Winston Ostrow were quoted in "Profits vs. environment 'false dichotomy' 

(Marketplace Magazine) 

March 24, 2008 

Art Harrington authored "New Programs Help Promote "Green" Businesses" (Business Journal) 


Art Harrington authored "Cap & Trade: A Midwest accord may create opportunities for law firms 

and their clients." (Law Technology News) 


Art Harrington and Duncan Moss were mentioned in "Business: Mind your Trash! Your 

company's waste may contain legal worries...and cash" (InBusiness Magazine) 


Arthur J. Harrington was featured in a special section of Corporate Report Wisconsin entitled 

"Green Tier Roundtable: Green is the New Green" (Corporate Report Wisconsin) 


Art Harrington authored the article "Gaining Credits for Green Reduction" (Business Nurnal)


Art Harrington was quoted in "Environmental Insurance: A Business Lawyer's Guide." (Wisconsin 

Lawyer) 

May 01, 2007 

Art Harrington was quoted in "Vrakas: We Sink or Swim Together. Water Problems Demand a 

Regional Solution" (Milwaukee Journal Sentinel, Waukesha edition) 

June 29, 2006 


Waukesha County Economic Development Corporation (WCEDC) Luncheon 


Wisconsin Water Laws and Regulations 


Water & People Marquette University Conference 


Environmental Law and Brownfield Redevelopment 


Keep The Lights On: Manufacturers' Strategies in the New Energy Economy 


Public Policy Forum 


Early Stage Symposium 


Climate Change and Green Jobs: Helping Businesses Prepare for New Expectations and New 

Rules 


BizTech Conference Expo 

April 29, 2009 

Economic Development/Washington County 

April 24, 2009 

Eco-Industrial Parks and Eco-Communities (Moderator) 

March 04, 2009 

UW-Milwaukee Conference on Climate Change 

April 24, 2008 

Indian Gaming Trade Show & Convention 

April 22, 2008 

Bringing Environmentally Challenged Properties Back Into Productive Use Without A Liability Tail 

Attaching To Prior Owners 


Why Your Organization Should Adopt a Climate Change Strategy Now, a webinar hcSed by

Godfrey & Kahn 

June 27, 2007 

Water Supply in Southeastern Wisconsin: A Stakeholders' Forum 


Turning Brownfields Into Green 

The Future of Brownfield Developments 

May 12, 2004 


Representative Environmental Matters 

Mr. Harrington has experience in literally all of the subjects covered by the practice of 

environmental law including air, water, wetlands and solid and hazardous waste permitting 

under federal and state environmental laws. He has provided lead responsibility for many major 

environmental land use disputes as well as transactions involving contaminated property. His 

experience also includes counseling and, where necessary, defense to targets in civil and 

criminal environmental enforcement actions. 

A list of representative environmental projects in which Art has lead responsibility includes the 

following: 

Kenosha HarborPark. Represented the City of Kenosha on the redevelopment of the 45-acre 

former Chrysler Lakefront Manufacturing plant property that was redeveloped into a multi-use 

museum, commercial, and residential development project. HarborPark has received numerous 

state and national awards for its innovative Brownfield/urban features. 

Oshkosh/WPS Site. Represented the City of Oshkosh in the acquisition of a former 

manufactured gas site located on the Fox River. The site has been redeveloped as a multi-use 

park featuring an outdoor amphitheater. 

Emerald Park Landfill. Represented the City of Muskego in a contested case hearing opposing 

one of the largest proposed expansions of a municipal solid waste facility in the State of 

Wisconsin. At the conclusion of the 18-day contested case hearing, the matter was resolved by 

a negotiated agreement which awarded the City the largest fee/ton payment for municipal 

waste negotiated to date in the State of Wisconsin. 

American Brass Site. Represented the City of Kenosha on the acquisition of the former 28-acre 

American Brass manufacturing site. This transaction involved the complete liability transfer of 

all responsibilities for demolition and remediation to a third party contractor and the use of an 

innovative 30-years cost cap and PLL insurance policy underwritten by AIG. 

Wisconsin Initiative Seeking Energy Reform ("Wiser"). Primary responsibility for the formation 

of WIser, an energy-user group that had as its principal focus lobbying for changes in 

Wisconsin energy law for end users. Members of WIser included some of the largest 

manufacturing companies with facilities located in the State of Wisconsin. 

Quad/Graphics - West Allis. Represented Quad/Graphics on the first Brownfield development 

37

project under the Wisconsin Land Recycling Act. This project featured the acquisition and 

re-use of the former, vacant 30-acre Giddings and Lewis facility located in West Allis, 

Wisconsin, Quad/Graphics now employs more than 1,000 employees at this location. 

By-Pass and Overflow Enforcement Action. Lead counsel for the 28 communities named in an 

enforcement action commenced by Wisconsin Attorney General in 2005 in the case entitled 

Wisconsin vs. MMSD, et al. Negotiated the settlement with the Attorney General involving all 

28 communities resulting in no fines and a settlement shield for all the communities. 

Representative Energy Matters 

Mr. Harrington has a diverse background on representing clients in a variety of energy-related 

projects. These projects have spanned the broad energy spectrum and include renewable 

energy projects, bids for base-load generation facilities, hydro-electric projects, negotiation of 

power purchase contracts and the certification and sale of renewable energy credits. A 

representative list of his energy projects include the following: 

Independent Power Project in Wisconsin. Acted as local counsel representing the equity 

investors in a co-generation project located in Whitewater, Wisconsin. He had primary legal 

responsibility for ensuring that all state agency permit and authorizations were required for this 

facility. This was the first independent power project authorized in Wisconsin. It was a 

co-generation facility and the host was the University of Wisconsin-Whitewater. 

Bio-Mass Facility. Provided all of the legal services to Minergy-Neenah, LLC, the owner operator 

of a bio-mass, Co-Gen facility located in Neenah, Wisconsin. The fuel source for this facility 

included dewatered paper mill sludge generated from four area paper mills. The host was a 

paper mill located adjacent to the facility. His legal services included the negotiation of the 

power purchase contracts for Minergy in the sale of the green energy generated from the 

facility to Alliant Energy. 

Renewable Energy Credits. Represented a large independent energy producer in the sale of 

credits from the "Top of the Iowa" wind project in Iowa. The Renewable Energy Credits 

associated with this project were the first ever certified in Wisconsin under the new Renewable 

Energy Credit program. 

Fluidized Bed Project. Acted as local counsel for the contractor for a new fluidized bed, 

coal-fired facility for Manitowoc Public Utilities. 

Bid for Base-Load Generation Facility. Acted as local counsel for all due diligence matters for a 

confidential client in connection with the bid process for purchasing an existing based-load, 

natural gas powered merchant plant. 

Hydro-Facility. Represented an investor-owned, regulated utility on the proposed purchase of a 

hydro-electric facility. 

Bio-Mass Project. Represents a group of investors in a proposed 100 MW blo-fuel generation 

facility. 

38

Representative Tribal Matters 

Mr. Harrington has the privilege to represent tribal interests in a broad array of "cutting edge" 

environmental and energy projects. Mr. Harrington brings his strong background in other 

non-tribal environmental and energy projects as one of his qualifications for such tribal projects. 

However, most importantly, his previous tribal client experience has afforded him the privilege 

to appreciate the role that strong cultural beliefs play in formulating the goals of tribal clients in 

environmental/energy projects. A representative list of Mr. Harrington's tribal environmental 

and energy projects include the following: 

Tribal Class I PSD Area Designation. Mr. Harrington was part of a professional team 

representing the Forest County Potawatomi Community ("FCPC"), a federally recognized Tribe 

in Wisconsin, in its legal effort to obtain Class I designation for its Reservation under the 

Federal Clean Air Act Prevention of Significant Deterioration ("PSD") program. In 2008, the 

United States Environmental Protection Agency ("EPA") promulgated a final rule granting the 

FCPC Class I status for its Reservation in Wisconsin. This was the first Class I designation by 

EPA for a Tribe granted under the PSD program since 1992. 

Crandon Mine Project. Represented the Forest County Potawatomi Community in the Tribe's 

effort to oppose the application for mining permits under state and federal laws. The proposal 

involved one of the most significant zinc and copper underground ore deposits in North 

America. This proposed mining operation precipitated one of the most controversial 

environmental disputes in the history of Wisconsin. The matter was successfully concluded by 

the Tribe's innovative buy-out of the applicant's interest in surface and mineral rights 

associated with the proposed mining project. 

Represented the Forest County Potawatomi Community in the preparation of joint written 

comments with the National Tribal Environmental Council for filing with the United States 

Environmental Protection Agency regarding that agency's guidelines for Prevention of 

Significant Deterioration New Source Review, Refinement of Increment Modeling Procedures 

(Proposed Rule, 72 F.Reg. 31372-99 (June 6, 2007). 

Represented a federally recognized tribe in a confidential engagement to provide an 

assessment of that tribe's energy/carbon footprint generated by human activities at all of its 

facilities and mobile sources and provided recommendations for reducing the footprint through 

a combination of conservation, capital improvements and renewable energy strategies. 







Court Admission 

39

United States Court of Appeals, Seventh Circuit 

Activities President of the Milwaukee Bar Association from 1992 to 1993Inaugural Chairperson 

of the State Bar Environmental Section from 1988 to 1989Inaugural Chairperson of the State 

Bar Energy/Telecommunications Section from 1998 to 2000Serves on four Wisconsin 

Department of Natural Resources task forces as a result of appointments made by the 

Secretary of the Department of Natural Resources: the DNR Brownfield Advisory Committee, 

the Sediment Advisory Committee, the Contaminated Soil Advisory Committee and the Green 

Tier Advisory CommitteeServed in the Wisconsin Department of Agriculture, Trade and 

Consumer Protection Task Force establishing lead and arsenic standardsAt the request of the 

Wisconsin Department of Natural Resources, Mr. Harrington organized a luncheon with 40 

business and state agency officials. The luncheon featured Terry Tamminen, former Head of 

the California EPA and advisor to Governor Schwarzenegger on the implementation of that 

state's Climate Change Program. 

www.gklaw.com/docs/climate_changeluncheon.cfmMilwaukee Public Library, President of the 

Board of TrusteesFoundation for the Milwaukee Public Library, Board of DirectorsGathering 

Waters (a trade association for land trust located in the State of Wisconsin), President of the 

Board of DirectorsOzaukee Washington Land Trust (1995 to 1998), Board of DirectorsCity of 

Mequon Alderman (1991 to 1993)Village of Grafton Police and Fire Commission member (1985 

to 1986)Legal Aid Society of Milwaukee, Board of Directors member (2001 to 2005)Served on 

the Water Policy Advisory Panel for the Public Policy Forum that was responsible for the 

February, 2006 report entitled "Clean Water, Healthy Future, Asset Management the Regional 

Prosperity"Serves on the Milwaukee 7 Water Council. This is a new initiative sponsored by the 

M7 Economic Development organization designed to foster economic developments by 

promoting water-related businesses in the southeastern Wisconsin region. 

40

GODFREYVKAHNsc 


Business 


Strategies 


Milwaukee 



TEL (414) 287-9571 

FAX (414) 273-5198 

EMAIL jfranklin@gklaw.com 

JESSICA AN FRANKLIN 

Jessica is a member of the Environmental & Energy Strategies and the Indian Nations Law 

Teams in the firm's Milwaukee office. Jessica strives to help clients work in concert with 

ever-evolving environmental requirements to meet their economic and environmental goals. 

She assists corporate and municipal clients with a wide variety of environmental and energy 

issues including Brownfield liability assessment, mitigation, and redevelopment; permitting and 

enforcement matters; environmental assessments, due diligence, and document preparation for 

property transactions; funding applications for green energy and green development projects; 

and environmental audits under state and federal audit policies. Jessica's work with the firm's 

tribal clients includes preparation of regulatory codes pertaining to health, safety, and 

environmental issues to support tribal self-determination. 

Jessica received her Bachelor of Arts in Sociolinguistics, summa cum laude, from the University 

of Minnesota Twin Cities. She received her law degree, magna cum laude, from Marquette 

University Law School, where she was a member of the Marquette Law Review and the 

Marquette Moot Court Board. While in law school, Jessica earned Marquette's first Regional 

Champion title in the National Appellate Advocacy Competition, and presented arguments and 

prepared briefs as an intern at the Milwaukee County District Attorney's office. She received 

CALI Awards in Environmental Law, Legal Writing I and II, Contracts, and Criminal Law and 

was named to the Dean's List. 

Prior to law school, Jessica prepared administrative hearing cases for the Washington 

Department of Social and Health Services and taught English in Bangkok, Thailand. 

Education 

Juris Doctor, Marquette University Law School, magna cum laude 

Bachelor of Arts, University of Minnesota, Twin Cities, summa cum laude 

41

Brian L. Pierson 

414.287.9456 

bpiersori@gklaw.corn 

;..The' 06iK, India n ::Nafions

Godfrey & Kahn Hosts 

23rd Annual Labor and 

Employment Conference 

Godfrey & Kahn's Labor & Employment 

Law Practice Group will present its annual 

Labor and Employment Law Conference 

in March at three locations throughout 

the state of Wisconsin. The seminar will 

include an update on recent changes 

in federal and state employment law, a 

discussion of best practices and practical 

approaches to managing employment law 

problems. All conferences run from 

8:30 a.m. to noon. Locations and dates are: 

Tuesday, March 20, 2012 

Lambeau Field 

1265 Lombardi Ave 

Green Bay, WI 54304 

Wednesday, March 21, 2012 

Monona Terrace 

One John Nolan Drive 

Madison, WI 53703 

Thursday, March 22, 2012 

Crowne Plaza - Milwaukee 

10499 Innovation Drive 

Wauwatosa, WI 53226 

The seminar, which is offered free of 

charge, is designed to serve the needs 

of executives, in-house counsel, human 

resource professionals and front-line 

supervisors. Godfrey & Kahn has applied 

for 3 recertification credit hours toward 

PHR, SPHR and GPHR recertification 

through the Human Resource Certification 

Institute (HRCI). We have applied for 

approval by the Board of Bar Examiners 

for 3 hours of use toward the Wisconsin 

mandatory CLE requirements. 

To register or for more information or 

questions, please contact Katelin Botsford 

at kbotsford@gklaw.com or 414.287.9269. 

Indian Nations Law Focus 

Selected Court Decisions 

In South Dakota v. U.S. Dept. of Interior, 

2012 WL 75292 (8th Cir.), the Secretary 

of the United States Department of the 

Interior (DOI), through the Bureau of 

Indian Affairs, had announced its decision 

to acquire four parcels of land within 

the geographic boundaries of the State 

of South Dakota into trust for the benefit 

of the Sisseton—Wahpeton Oyate of 

the Lake Traverse Reservation (Tribe). 

South Dakota and certain members of 

its political subdivisions (collectively, 

State) challenged the fee-to-trust decision 

under the Administrative Procedure Act 

(APA), arguing that the involvement in 

the decision of Sisseton BIA Agency 

Superintendent Russell Hawkins, an 

enrolled member of the Tribe who had 

previously occupied various leadership 

positions, resulted in bias and denial 

of Due Process guaranteed by the Fifth 

Amendment. The district court granted 

summary judgment in favor of the DOI. 

On appeal, the Eighth Circuit dismissed on 

the ground that the State had no standing 

to assert a Fifth Amendment claim: "The 

State is not a 'person' within the meaning 

of the Fifth Amendment's Due Process 

Clause. ... Thus, the State's claim does not 

fall within the 'zone of interests' protected 

by the Due Process Clause, and the State 

lacks standing to assert such a claim." 

In U.S. v. Bryant, 2012 WL 19813 (10th 

Cir.), Bryant won 90 cents at the Choctaw 

Casino and Resort. She took the winning 

ticket to the cashier, her sister, who gave 

her $4,000 for it, which the two later split. 

Bryant was convicted under 

18 U.S.C. § 1168, which prohibits theft 

from an Indian gaming establishment 

by "an officer, employee, or individual 

licensee." On appeal, she argued that since 

she was not a casino employee, the statute 

did not apply. The Tenth Circuit Court of 

Appeals affirmed, holding that she was 

guilty of aiding and abetting pursuant to 

18 U.S.C. § 2, which provides that 

"[w]hoever commits an offense against 

the United States or aids, abets, counsels, 

commands, induces or procures its 

commission, is punishable as a principal." 

The Court rejected Bryant's argument 

that her crime was not "against the United 

States": "The crime was against a gaming 

establishment licensed by the National 

Indian Gaming Association that sits on 

territory subject to the jurisdiction of the 

United States. Plainly, there was a crime 

against the United States." 

In U.S. v. Juvenile Male, 2012 WL 

164105 (9th Cir.), the Ninth Circuit 

Court of Appeals held that a juvenile was 

an "Indian" for purposes of the Major 

Crimes Act, 18 U.S.C. § 1153, despite not 

seeing himself as an Indian and not being 

socially recognized as an Indian by tribal 

members because the juvenile (1) was an 

Indian by blood, (2) was an enrolled tribal 

member, (3) had received tribal assistance, 

and (4) had used his membership to obtain 

tribal benefits. Social and subjective nonrecognition 

as Indian could be relevant in a 

close case, the court ruled, but the juvenile 

easily met three of the most important 

factors used to evaluate Indian status. 

In Shoshone Indian Tribe of Wind River 

Reservation v. U.S., 2012 WL 34382 (Fed. 

Cir.), the Shoshone and Arapaho Tribes of 

the Wind River Reservation (Tribes) sued 

the United States in 1979 for breach of 

fiduciary duty under the trust doctrine and 

statutory duties, alleging mismanagement 

of the Tribes' sand, gravel, oil, gas and 

other natural resources and the incomes 

derived from their exploitation, contending 

in particular that certain leases originally 

issued under a 1916 act of Congress would 

have produced more revenue if they had 

been renewed instead of converted to 

leases under the Indian Mineral Leasing 

Act of 1938. The Court of Federal Claims 

(CFC) dismissed the Tribes' pre-1973 

February 2012 I Page 2 

43

claims as barred by the applicable statute 

of limitations, which required that suits 

filed in the CFC be filed within six years 

after the claim accrues. The Federal 

Circuit Court of Appeals affirmed in part 

and reversed in part, holding that (1) the 

Tribes' pre-1973 fiduciary breach claims 

were barred and were not saved by the 

tolling provisions in the Department of 

Interior appropriations bill, (2) the leases 

approved under the 1938 act were invalid 

for failure to follow the competitive bid 

procedures of the act, (3) the current 

lessees, therefore, were trespassers, 

(4) because the trespass was ongoing, 

the Tribes could assert claims for the six 

years preceding the filing of the suit, and 

(5) the case would be remanded for a 

determination of the federal government's 

obligations with respect to the trespassing 

lessees. 

In Rolling Frito-Lay Sales, LP v. Stover, 

2012 WL 252938 (D. Ariz. 2012), Montiel, 

a member of the Salt River Pima-Maricopa 

Tribe (Tribe) owned On-Auk-Mor Trade 

Center (Store), a store located on the 

reservation. Rolling Frito-Lay Sales LP 

(Frito) supplied food products to the Store. 

After Stover, a non-Indian, tripped over 

Frito boxes while visiting the Store, she 

sued the Store, Montiel and Frito-Lay in 

state court, but the court dismissed the 

claims against Montiel and the Store for 

lack of jurisdiction and, later, dismissed 

the claim against Frito, without prejudice, 

for lack of prosecution. Stover then sued 

Frito in tribal court. Frito brought the 

federal action to enjoin the suit. The court 

granted Frito's motion for injunctive relief, 

holding that (1) whether a tribal court has 

adjudicative authority over nonmembers 

is a federal question, (2) neither of the 

exceptions of Montana v. U.S. justified 

the exercise of tribal court authority over 

the claims of Stover, a non-Indian, against 

Frito, a non-Indian company, (3) Frito 

would not be required to exhaust tribal 


court remedies because the tribal court's 

lack of jurisdiction was clear, and (4) 

tribal court was the appropriate forum for 

Stover's claims against Montiel and the 

Store. 

In Robinson v. Salazar, 2012 WL 160976 

(E.D.Cal.), Tejon Mountain Village, LLC 

and Defendant Tejon Ranch Corporation 

owned 270,000 acres of land where they 

proposed to develop "Tejon Mountain 

Village" with 3,450 residences, additional 

commercial development, including a 

hotel and resort facilities, a golf course 

and other recreational and educational 

facilities. Kern County, where the land 

is located, approved the project pursuant 

to California's environmental review 

process. The Kawaiisu Tribe of the 

Tejon (Tribe), an entity not recognized 

by the federal government, claiming 

ownership of the land, sued the U.S. 

Secretary of the Interior, the corporate 

developers and Kern County, alleging 

unlawful possession by the developers, 

violation of the Indian Nonintercourse 

Act (INA) by the developers, violation of 

the Native American Graves Protection 

and Repatriation Act (NAGPRA) by 

the developers, violation of the Civil 

Rights Act of 1871 and the California 

Environmental Quality Act (CEQA) by 

the county against Kern. The plaintiffs 

also sought recognition as a tribe. The 

district court held that (1) the Tribe had 

failed to allege facts sufficient to support 

its land claim based on aboriginal title 

in light of the 1848 treaty of Guadalupe 

Hidalgo and act of 1851 but would be 

permitted to amend its complaint to allege 

continuous occupancy of the claimed land, 

(2) the Tribe had not properly alleged 

rights under a treaty with the Utah, (3) the 

plaintiffs would be permitted to amend 

the complaint to allege that their claim 

area was a "de facto" reservation, i.e., an 

area where the federal government was 

expending funds and providing services 

for Indians, (4) the plaintiffs would be 

permitted to file an amended complaint 

addressing the recognition issue and 

the court would await that filing before 

ruling whether to defer to BIA in its 

determination that the Tribe is not entitled 

to be recognized, (5) the Civil Rights Act 

claim would be dismissed since tribes are 

not persons for purposes of 42 U.S.C. 

§ 1983 and (6) the CEQA-related claims 

would be dismissed with prejudice since 

those issues had been adjudicated by a 

state court. 

In J.L. Ward Associates, Inc. v. Great 

Plains Tribal Chairmen's Health Board, 

2012 WL 113866, (D.S.D.), J.L. Ward 

Associates, Inc. (Ward) had prepared an 

application to the Substance Abuse and 

Mental Health Services Administration 

(SAMHSA) for an "access to recovery" 

grant application on behalf of the Great 

Plains Tribal Chairmen's Health Board 

(Board). The Board, a South Dakota 

nonprofit corporation, was formed to 

provide members of the 16 tribes of South 

Dakota, North Dakota, Nebraska and Iowa 

with a single entity to communicate and 

participate with the Indian Health Service 

(IHS) and other federal agencies on health 

matters and, in addition, to assist member 

tribes in connection with health care 

issues, including improvement of health 

care delivery, advocacy and program 

development. The application resulted in 

a $13,119,400 four-year grant. Although 

Ward did not charge the Board to prepare 

the application, it understood that it would 

be hired if the grant application were 

successful. When the Board declined to 

enter into a contract, Ward sued the Board, 

alleging breach of contract, promissory 

estoppel, negligent misrepresentation, 

fraudulent misrepresentation, unjust 

enrichment and infringement of Ward's 

copyrighted material. The district court 

held that (1) the Board was a citizen 

of South Dakota for federal diversity 


44

jurisdiction purposes, (2) most of Ward's 

claims must be dismissed on sovereign 

immunity grounds pursuant to the analysis 

prescribed by the Tenth Circuit Court of 

Appeals in the Breakthrough Management 

case (see January 2011 Update), (3) the 

federal copyright act did not include a 

congressional waiver of tribal sovereign 

immunity, and (4) Ward could maintain 

a claim to compel arbitration for the 

Board's alleged violation of copyrights 

based on the language of a 2007 contract 

between the parties and would be given 

an opportunity to amend its complaint in 

order to do so. 

In U.S. v. Garza, 2012 WL 209042 

(W.D.Tex.), Garza, former manager of 

the Lucky Eagle Casino (Casino) owned 

by the Kickapoo Traditional Tribe of 

Texas (Tribe), and two relatives were 

criminally charged with theft from an 

Indian tribal organization in violation 

of Title 18, United States Code, § 1163, 

theft by officers or employees of gaming 

establishments on Indian lands in violation 

of Title 18, United States Code, § 1168, 

and theft from a program recipient in 

violation of Title 18, United States Code, 

§ 666. Specifically. the government alleged 

that defendants diverted funds of the Tribe 

and Casino for their personal and political 

purposes. The court denied the defendants' 

motion to dismiss the indictment. See 

also, U.S. v. Garza, 2012 WL 209055 

(W.D.Tex.) denying motion to dismiss on 

Speedy Tribal Act grounds. 

In U.S. v. Youngbear, 2011 WL 7070970 

(N.D.Iowa), Youngbear was charged with 

possession of ammunition by a felon. He 

moved to suppress evidence uncovered 

as a result of a search of his home on the 

Sac and Fox reservation, carried out by 

members of the tribal police department 

under a search warrant issued by the 

Sac and Fox Tribal Court, arguing that 

the tribal court had no authority to issue 

a warrant related to an alleged federal, 

rather than tribal, crime. The district court 

denied the motion, holding that there was 

probable cause to support the warrant, 

that it made no difference that the crime 

alleged was federal rather than tribal, and 

that, even if the warrant were improperly 

issued, the federal government could still 

make use of the evidence in the absence of 

a violation of federal law. 

Winnemucca Indian Colony v. U.S. 

ex re/. Dept. of the Interior, 2012 WL 

78198 (D.Nev.), involves a long-standing 

intratribal dispute between the Wasson 

and Bills factions of the Winnemucca 

Indian Colony (Tribe) competing for 

recognition as the Tribe's legitimate 

government. (See November 2011 

Update.) In order to facilitate development 

plans, the court had previously ordered 

the Bureau of Indian Affairs (BIA), which 

had previously declined to intervene, 

to recognize one or the other faction. 

Although a panel of tribal judges to whom 

the parties had referred their dispute had, 

in 2002, recognized Wasson, the BIA 

recognized both Wasson, the designee 

of the panel of judges, and Bills, the 

surviving member of the last council that 

BIA had recognized, as the interim tribal 

government. The Court then granted a 

preliminary injunction preventing the 

BIA from interfering with Wasson's and 

his agents' activities on colonial land, 

including a proposed rehabilitation of a 

derelict building into a smoke shop. The 

Court also ruled that unless Bills appeared, 

Wasson represented the only remaining 

legitimate member of the Council under 

tribal rulings. In the instant ruling, Ayer 

and four others (Ayer Faction) sought 

to intervene, claiming that it was the 

legitimate leadership of the Tribe and 

seeking to prevent the Wasson faction from 

expelling them. The Wasson faction sought 

a preliminary injunction ordering the BIA 

to grant it recognition. The district court 

held that (1) the court had jurisdiction 

under the Administrative Procedures Act 

(APA), (2) the Ayer faction would be 

permitted to intervene and the Wasson 

faction would be barred from expelling 

the Ayer faction since, according to the 

court, lallthough Plaintiffs are likely to 

succeed on the merits based on the facts 

to which the Court currently has access— 

the Ayer Faction appears to have some 

colorable claim to Colony leadership;" 

(3) it was not an abuse of discretion for 

purposes of the Administrative Procedures 

Act (APA) for the BIA to recognize both 

Wasson and Bills as the Tribe's interim 

leadership, (4) if it later develops that 

Wasson and Bills cannot work together, 

it might be an abuse of discretion for the 

BIA not to choose between them since it 

would be arbitrary and capricious for the 

BIA to create a hiatus in tribal government 

which "jeopardize[s] the continuation 

of necessary day-to-day services on the 

reservation," (5) pending determination 

of the legitimate tribal council, the court 

would enjoin interference with the efforts 

of the Wasson faction to develop a new 

smoke shop but would also bar the Wasson 

faction from interfering with the Ayer 

faction's operation of an existing smoke 

shop, (6) the tribal factions were not 

required to exhaust administrative BIA 

remedies before pursuing their federal 

suit because such remedies had proven 

ineffectual, and (7) the competing parties 

should seek through an "agreeable tribal 

forum" (i) final determination of tribal 

membership rolls, (ii) supervision of a 

neutrally administered general election, 

and (iii) a declaration of the resulting tribal 

leadership. 

Three Stars Production Co., LLC v. 

BP America Production Co., 2012 WL 

32916 (D.Colo.), involved a dispute over 

proceeds derived from an oil and gas well 

located within the exterior boundaries of 

the Southern Ute Indian Tribe Reservation 

owned by the United States in trust for 

Indian Nations Law Focus February 2012 I Page 4 

45

the Southern Ute Indian Tribe (Tribe). 

The plaintiff alleged that Three BP had 

wrongfully distributed the proceeds from 

the well. The court dismissed on the 

ground that the Department of the Interior 

and the Tribe were indispensable parties 

who, due to their immunity, could not be 

joined: "[A]ny judgment rendered in the 

absence of the Tribe or the DOI would be 

inadequate in that it would address neither 

the issue of communitization nor the 

Tribe's purported interest in the 80 mineral 

acres." 

In re Krystal Energy Co. Inc., 2012 WL 

32636 (Bkrtcy.D.Ariz.) involves the 

bankruptcy of Krystal Energy Co. Inc. 

(Krystal), which had obtained assignments 

of oil leases on the Navajo Nation 

(Nation), with the Nation's approval 

but without the approval of BIA. The 

Nation ejected Krystal and also refused to 

permit Krystal to retrieve its equipment 

from the premises. Amer Krystal filed for 

bankruptcy protection, the trustee in the 

bankruptcy sued the Nation for damages 

in order to recover the value of Krystal's 

assets for the benefit of creditors. The 

Ninth Circuit Court of Appeals ruled in 

2004 that Congress had abrogated the 

Nation's sovereign immunity. In the 

instant decision, the bankruptcy judge 

recommended that judgment be entered 

against the Nation in the amount of 

$4 million. 

In U.S. v. Gracie, 2011 WL 6945710 

(D.Me.), PIN Rx, LLC (PIN), a Mainechartered 

LLC owned by the Penobscot 

Indian Nation (Nation), hired Mr. Gracie, 

a registered pharmacist in the state of 

Maine, as Director of Operations. PIN was 

initially established to provide pharmacy 

services to tribal members and to provide 

mail order prescription pharmacy services 

to publicly funded pharmacy benefit 

programs. Federal prosecutors charged 

Gracie with personally soliciting and 

accepting money from certain interne 

drug companies to fill orders from their 

customers, in violation of federal antibribery 

and anti-kickback laws 

18 U.S.C. § 666. Gracie moved to dismiss, 

arguing that federal funds received by the 

Nation could not be imputed to PIN and 

that, in the absence of any involvement 

of federal funds, there could be no federal 

offense. The court denied the motion, 

holding that the involvement of federal 

funds was a factual issue for trial. 

In Dupris v. McDonald, 2012 WL 37366, 

2012 WL 210722 (D.Ariz.), two plaintiffs 

sued White Mountain Apache (Tribe) 

Tribal law enforcement officers under 

the Federal Tort Claims Act (FTCA), 

alleging that the defendants violated their 

civil rights when they were arrested and 

falsely charged with crimes. The district 

court dismissed, holding that the officers 

were not federal officers for purposes of 

28 U.S.C. § 2680(h), which establishes 

immunity for claims based on intentional 

torts such as false arrest and malicious 

prosecution but contains a proviso waiving 

immunity for intentional torts committed 

by any "investigative or law enforcement 

officer," defined as "any officer of the 

United States who is empowered by law 

to execute searches, to seize evidence, or 

to make arrests for violations of Federal 

law." While the Tribe did have an Indian 

Self-Determination Act (ISDA) contract 

with the federal government to fund 

law enforcement, this did not make the 

defendants, who were not given Special 

Law Enforcement Commissions from the 

BIA, deputized by the BIA, or otherwise 

authorized to make arrests under federal 

law, "federal" officers. 

In Fritcher v. Zucco, (E.D. Cal. 2012), 

Fritcher sued various officials of the 

Owens Valley Indian Housing Authority 

(OVIHA) in federal court alleging that 

they failed to respond to the plaintiff's 

demand for documents pertaining to 

the OVIHA's Housing Improvement 

Program. The court held that the plaintiff 

had failed to allege any facts showing 

that the defendants acted outside of the 

scope of their official authority and 

that, consequently, they were entitled to 

sovereign immunity: "Though Plaintiff 

concludes that Defendants Zucco's and 

Puckett's actions exceeded the scope of 

their authority, it nevertheless appears 

that all three defendants are entitled to 

sovereign immunity. This is true because 

Plaintiff does not offer any factual support 

for her conclusion that Zucco and Puckett 

exceeded the scope of their authority 

or offer any theory explaining why 

Defendants' denial of documents would 

result in actions which exceeded the scope 

of their authority." 

In South Fork Band Council of Western 

Shoshone of Nevada v. U.S. Dept. of 

Interior, 2012 WL 13780 (D.Nev.), the 

Bureau of Land Management (BLM) of 

the U.S. Department of Interior approved 

Barrick Gold Corporation's (Barrick) 

proposal to construct and operate the 

Cortez Hills Expansion Project (Project), 

a gold mining and processing operation 

in Lander County, Nev., including new 

facilities, as well as an expansion of 

an existing open-pit gold mining and 

processing operation. The South Fork 

Band Council (Tribe), one of four 

colonies that comprise the Te-Moak Tribe 

of Western Shoshone Indians, sued for 

judicial review under the Administrative 

Procedures Act (APA) in 2008, alleging 

violations of the National Environmental 

Policy Act (NEPA), Federal Land Policy 

and Management Act (FLPMA) and 

the Religious Freedom Restoration Act 

(RFRA), citing potential impacts on 

Mt. Tenabo, a site sacred to the Tribe, in 

support of the latter claim (see February 

and March 2009 Updates). The district 

court dismissed all three claims, but in 

2009, the Ninth Circuit Court of Appeals, 

while affirming the dismissal of the RFRA 

and FLPMA claims, held that the Tribe 

Indian Nations Law Focus February 2012 I Page 5 

46

GU. DFREY2P KAHNsc 

was entitled to a preliminary injunction 

based on the NEPA claim because the 

BLM's mine-related Environmental 

Impact Statement (EIS) did not 

"adequately consider the environmental 

impact of the extraction of millions of 

tons of refractory ore, mitigation of the 

adverse impact on local springs and 

streams, and the extent of fine particulate 

emissions. The BLM published a new EIS 

in 2011, which the Tribe again challenged, 

contending that it failed to consider the 

effectiveness of mitigation measures 

regarding the environmental consequences 

of mine dewatering. The court disagreed 

and granted summary judgment in favor 

of the BLM, holding that (1) the new 

concerns raised by the Tribe were outside 

the scope of the Ninth Circuit mandate 

and had not been properly raised by the 

Tribe previously, and (2) the removal of 

groundwater would not cause "unnecessary 

or undue degradation of public land" in 

violation of the FLPMA because, even 

though Barrick proposed no mitigation 

measures and the removal of water would 

leave "a cone of depression"—i.e., "a 

three-dimensional conical area surrounding 

the mine pit, from which groundwater has 

been removed," the BLM has concluded 

that such loss of groundwater does 

not constitute "unnecessary or undue 

degradation" and its conclusion, according 

to the court, was not arbitrary and 

capricious under the APA. 

In Webb v. Oklahoma Dept. of Human 

Services, 2012 WL 10498 (E.D.Okla.), 

the plaintiff sued state officials and the 

Choctaw Tribe (Tribe), alleging that the 

Tribe conspired with state officials to 

remove plaintiff's daughter from his home. 

The district court dismissed the claims 

against the Tribe on sovereign immunity 

grounds. 

In Menominee Indian Tribe of Wisconsin 

v. U.S., 2012 WL 192815 (D.D.C.), the 

Menominee Indian Tribe of Wisconsin 


(Tribe) had sued the Department of Health 

and Human Services, Indian Health Service 

(IHS) for contract support costs the Tribe 

incurred in providing health care services 

to its members in 1995-2000. The court 

of appeals had previously held that the 

six-year limitation period for presenting 

administrative claims, as allowed by the 

Contract Disputes Act, 41 U.S.C. § 401, 

et seq, could be equitably tolled and had 

remanded for an examination of that issue. 

The Tribe argued that it was entitled to 

equitable tolling because it reasonably 

relied on a potential class action brought 

by other tribes on the same issues, it 

reasonably believed it was a member of 

the putative class, and that, as a member 

of the class, it was entitled to suspension 

of the limitations period. The federal 

government argued that no equitable 

tolling was appropriate, that the Tribe had, 

in any event, received all the monies to 

which it was entitled, and that even if the 

Tribe's claims relating to 1999 and 2000 

"stable funding" were not barred by the 

statute of limitations, the appropriated 

money was spent. Finding equitable tolling 

inappropriate, the court granted summary 

judgment to the United States with respect 

to the 1996-1998 claims and the 1999 

and 2000 stable-funding claim, but denied 

summary judgment with respect to the 

1995 shortfall claim because that claim 

accrued before the Contract Disputes 

Act was amended to add a statute of 

limitations. 

In MacDonald v. U.S., 2011 WL 6783327 

(S.D.Cal.), MacDonald, a Canada-born 

member of the Squamish Nation, a 

Canadian-recognized tribe, resided in the 

United States under lawful permanent 

resident (LPR) status by virtue of his 

Canadian tribal membership pursuant to 

provisions of the Immigration Act enacted 

to implement the Jay Treaty of 1794. He 

was charged with possession of cocaine 

with intent to sell and possession of a 

dangerous weapon. He pleaded guilty 

to unlawful possession of cocaine with 

intent to sell and was sentenced to 120 

days in jail and three years of probation. 

Upon his release from state custody, he 

was taken into custody by the Department 

of Homeland Security (DHS), held 

for several months and subjected to 

deportation proceedings. At the removal 

hearing, MacDonald admitted all of 

the allegations, conceded removability, 

waived appeal and was ordered removed 

to Canada. After returning to the United 

States in 2010 pursuant to his prior LPR 

status, he persuaded the DHS that it had 

made a mistake, resulting in the dismissal 

of the previous removal proceedings. 

McDonald then sued, under the Bivens 

doctrine, alleging violations of the Fourth 

Amendment, Fifth Amendment, Non- 

Detention Act and Federal Tort Claims 

Act. The district court (1) dismissed 

MacDonald's Fourth Amendment claim on 

the ground that, because MacDonald was 

an alien for purposes of the Immigration 

Act, the provision of the Act barring 

courts from reviewing removal orders 

applied, (2) the Court had jurisdiction to 

hear MacDonald's Fifth Amendment Due 

Process Claim, (3) the Non-Detention Act 

claim would be dismissed because that 

Act applies only to citizens and Canadian 

Indians are not citizens, (4) the DHS 

prosecutor was protected by absolute 

immunity, and (5) the claims against 

individual officials would be dismissed but 

MacDonald would be permitted to amend 

his complaint in two cases. 

In Round Valley Indian Tribes v. U.S., 2011 

WL 6938593 (Fed.Cl.), the Round Valley 

Indian Tribes (Tribe) filed a Complaint in 

the United States Court of Federal Claims 

under the trust doctrine, alleging breach of 

trust in regard to the management by the 

United States of the trust funds of the Tribe 

from 1855 to present. After the parties 

reached a settlement agreement, individual 

February 2012 1 Page 6 

47

members of the Tribe sought to intervene, 

contending that the proposed settlement 

approved by the Tribal Council disposed 

not only of the Tribe's claims but also 

claims of individual tribal members to nonmonetary 

tribal assets. The court denied the 

members' motion to intervene, holding that 

the settlement did not dispose of individual 

member rights and that the council had 

authority to settle tribal rights: "By 

definition, tribal assets are owned by the 

Tribes, not individual members. Therefore, 

although the Proposed Intervenors 

certainly have a political or personal 

interest in the disposition of tribal assets, 

they do not have any 'legally protectable 

interest' in tribal assets." 

In U.S. v. Danley, 2011 WL 6935341 

(D.S.D.), Danley was charged with 

assaulting, resisting, or impeding an 

"officer or employee of the United States" 

after he allegedly assaulted Thomas 

Adams, a Sisseton—Wahpeton Sioux Tribal 

Police Officer performing law enforcement 

services pursuant to a contract between 

the Tribe and the Bureau of Indian Affairs 

under the Indian Self-Determination 

Act (ISDA). Danley moved to dismiss 

the indictment, contending that Adams 

was not a federal officer because he had 

not received a special law enforcement 

commission from the BIA, as required 

by the ISDA contract. "Whether or not 

a special commission or designation is 

required by statute, the regulations, or by 

the § 2804 agreement (or 638 contract), 

such designation is not, as a matter of law, 

a prerequisite for the officer in question to 

be considered a federal officer. ..." 

In McCrary v. Ivanof Bay Village, 265 P.3d 

337 (Alaska 2011), Ivanoff Bay Village, an 

Alaska Native Village (Tribe) included on 

the Department of Interior's list of tribes 

published in the Federal Register, hired 

McCrary to lead economic development 

efforts. When the Tribe terminated 

the contract and refused to reimburse 

Inchon Nations Law Focus 

McCrary's expenses, McCrary sued the 

Tribe and its president, Shangin, under two 

contracts, alleging breaches of the implied 

covenants of good faith and fair dealing. 

The superior court dismissed the suit based 

on sovereign immunity and the Alaska 

Supreme Court affirmed: "Because Ivanof 

Bay is a federally recognized tribe, it is 

entitled to sovereign immunity. Ivanof Bay 

and Shangin, as its president, are immune 

from suit in state court." 

In Miccosukee Tribe of Indians v. 

Department of Environmental Protection, 

2011 WL 6934533 (Fla App. 2011), the 

Florida Department of Environmental 

Protection, as part of an Everglades 

restoration project, condemned certain 

tracts of land owned by the Miccosukee 

Tribe in fee simple. The Tribe sued, 

alleging that the condemnation action was 

barred by the Tribe's sovereign immunity 

and that the condemnation violated the 

Indian Nonintercourse Act (INA). The 

Florida appellate court disagreed, holding 

that (1) the condemnation act was in rem 

and did not require the consent of the 

landowner and (2) the INA did not apply: 

"Thus, once a tribe owns land in fee 

simple, the Nonintercourse Act provisions 

simply do not apply." 

In Martinez v. Pojoaque Gaming, Inc., 

264 P.3d 725, 2011 (N.M. App. 2011), 

Martinez, an employee of Pojoaque 

Gaming, Inc. (PGI), a corporation owned 

by Pojoaque Pueblo (Pueblo), a federally 

recognized Indian tribal government, filed 

a worker's compensation claim with the 

state worker's compensation administration 

(WCA) against PGI and the Tribe's gaming 

commission for injuries arising out of 

his employment. After Martinez won his 

claim before the WCA, he was terminated. 

He brought new claims before the WCA 

alleging illegal retaliation. A WCA judge 

ruled that PGI had waived its immunity 

from suit but held that he could not order 

PGI to re-hire Martinez. The New Mexico 

appellate court disagreed and ordered PGI 

to rehire Martinez. 

In Bradley v. Bear, 2012 WL 167337 (Kan. 

App.), Robert and Geraldine Schuetz 

owned real estate within the Kickapoo 

Nation Indian Reservation in fee simple 

title. When they died, their children filed 

descent proceedings in state court and 

became owners of undivided interests in 

the real estate as tenants in common. They 

initially operated a farming operation on 

the land under an oral partnership. Later, 

all but one of the children decided to 

dissolve the estate and split the proceeds. A 

state court entered judgment dissolving the 

estate but, on appeal by one of the children, 

the Kansas Court of Appeals reversed, 

holding that the state court lacked 

jurisdiction over the Indian-owned fee 

land: "[T]he Kickapoo Tribal Court is 

the proper court to resolve this dispute 

between Indians about business performed 

on the reservation and land located on the 

reservation. ... [T]here is no connection 

between the State's ability to tax a 

particular piece of real property and the 

State's subject matter jurisdiction over civil 

matters that arise from that property. ... 

[T]he idea that all real estate matters 

should be determined in state court for 

record-keeping purposes completely 

contradicts the long-standing principle 

that Indian tribes are sovereign nations 

that exercise sovereign authority over their 

members and territories." 

In James v. American Indian Health 

Services, Inc., 2012 WL 130719 (Cal. 

App.2d Div. 2012), the executive director 

of American Indian Health Services, 

Inc. (AIHS), a Californian nonprofit 

corporation that provides free health care 

to urban Indians with funding under the 

Indian Health Care Improvement Act 

(IHCIA), removed four board members 

who, the executive director determined, 

did not meet the Indian status requirements 

of the IHCIA act or the bylaws of 


48

the corporation. The directors sued for 

reinstatement. The trial court ruled for the 

directors but the court of appeals reversed 

and dismissed for lack of jurisdiction over 

matters of self-government, rejecting 

the argument that Pub. Law 280 vested 

jurisdiction or that AIHS California 

incorporation was significant: Tillie issues 

raised in the trial court and in this appeal 

primarily involve tribal self-government 

and are not within the jurisdiction of the 

California state. ... While the California 

Corporations Code may be tangentially 

involved here, resolution of the substantive 

issues would require us to construe a federal 

law pertaining exclusively to Indians and 

resolve membership and election issues that 

are central to Indian self-determination and 

self-government." 

In the case of In re 2012 WL 

247964 (Nev.), 128 Nev. Adv. Op. 2, a 

Nevada appellate court held that state court 

could exercise jurisdiction over a child 

custody proceeding relating to an Indian 

child pursuant to an intergovernmental 

agreement between the state and the Fallon 

Paiute Shoshone Tribe despite the fact 

that Section 1911(a) of the Indian Child 

Welfare Act would otherwise vest exclusive 

jurisdiction in the tribal court: "We conclude 

that the ICWA, in keeping with fundamental 

principles of tribal autonomy, allows for 

tribal-state agreements for concurrent 

jurisdiction even when the tribe would have 

exclusive jurisdiction absent an agreement." 

In Davis v. Senibaldi, 2011 WL 7049496 

(Conn. Super.), the Davises sued Senibaldi 

and Lynch for injuries allegedly caused 

by the defendants' negligent, alcoholimpaired 

operation of a motor vehicle. 

The plaintiffs moved the court for an order 

barring Albanese, Director of Beverages, 

Mashantucket Pequot Gaming Enterprises 

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(MPGE) and Crowder, representative and 

employee of the Mohegan Tribal Gaming 

Authority (MGTA) and their respective 

personnel, all non-parties, from disposing of 

evidence. Plaintiffs also served a subpoena 

duces tecum for the purposes of deposing 

Albanese and Crowder. The court denied 

the motion and quashed the subpoena, 

holding that sovereignty immunity barred 

the plaintiff's attempts to proceed against 

tribal representatives in their official 

capacities: "[A]n Indian tribe is not subject 

to a subpoena for the production of 

tribal documents or testimony, absent a 

clear waiver of immunity by the tribe or an 

unequivocally expressed abrogation by the 

U.S. Congress." 

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