Universities and Indian Country : Case Studies in Tribal-Driven Research [1 ed.] 9780816501670, 9780816521272

Citation preview

Universities and Indian Country

Universities and Indian Country Case Studies in Tribal-­Driven Research Edited by Dennis K. Norman and Joseph P. Kalt

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The University of Arizona Press www.uapress.arizona.edu © 2015 The Arizona Board of Regents All rights reserved. Published 2015 Printed in the United States of America 20 19 18 17 16 15  6 5 4 3 2 1 ISBN-­13: 978-­0-­8165-­2127-­2 (paper) Cover designed by Leigh McDonald Cover image: Four Directions I by Navajo artist Geraldine Barney/GeraldineBarney.com Publication of this book is made possible in part by the proceeds of a permanent endowment created with the assistance of a Challenge Grant from the National Endowment for the Humanities, a federal agency. Library of Congress Cataloging-­in-­Publication Data Universities and Indian country : case studies in tribal-driven research / edited by Dennis K. Norman and Joseph P. Kalt. pages cm Includes bibliographical references and index. ISBN 978-0-8165-2127-2 (pbk. : alk. paper) 1. Ethnology—United States—Methodology—Case studies. 2. United States— Ethnic relations. 3. Indians of North America—Ethnic identity. I. Norman, Dennis K. II. Kalt, Joseph P. GN345.U65 2015 305.80010973—dc23 2014037395 This paper meets the requirements of ANSI/NISO Z39.48-­­­1992 (Permanence of Paper).

Contents

Preface

vii

Acknowledgments

xi

Introduction. Native Nations and Universities: Collaborative Strategies for Nation Building

3

Part I. Economic Development

15

1. Many Stars CTL: Strategy for Human Resource Development, 2009

19

2. Designing and Modeling of a Tribal Nonprofit: Fort Peck Tribes of Montana, 2010

36

Part II. Health and Social Welfare

57

3. Tribal Regulation of Genetic Research: One Sky Center, 2007

61

4. Boys and Girls Clubs in Indian Country: Building Community Connections, 2003

89

Part III. Education

105

5. Shinnecock Early Learning/Day Care Center Planning Project, 2011

109

6. National Indian Education Association: National Cultural Standards for Education, 2008

131

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Part IV. Governance

149

7. Planning for Self-­Governance at Ohkay Owingeh, 2010

153

8. Akwesasne Mohawk Nation: Investigating Barriers and Opportunities for Joint Law Enforcement and Judicial Systems Across Borders and Communities, 2008

177

Afterword

201

Appendix

207

Index

211

Preface

This volume is a compilation of collaborative research projects undertaken at the request of Native communities and organizations and carried out under the auspices of Harvard University’s Native American Program (HUNAP), the Harvard Kennedy School of Government, and the Harvard Graduate School of Education. These projects have been carried out by graduate students in Harvard’s course, Native Americans in the 21st Century: Nation Building II, supervised by Professor Joseph P. Kalt from 1998 to 2007 and by Professor Dennis K. Norman from 2007 to the present. The introduction of this book sets out the “nation-building” strategy by which an increasing number of Native communities have set about reclaiming powers of self-­determination, strengthening their cultures, and developing their economies. A small piece of this movement has been the establishment of new models for respectful and mutually collaborative relations between universities and American Indian/Alaskan Native communities and organizations. For universities to maintain their positions as the major social institutions for educating future citizens, professionals, and leaders to deal with the challenges of multiculturalism and globalization, they must reconsider and expand their base of knowledge. Our experience with more than 120 Nation Building projects over the last dozen years suggests that the tenets of nation building can provide a strategy for expanding and diversifying universities’ perspectives of knowledge in a multicultural world, while also producing something, at the request of Native communities, that is useful. The nation-­building curriculum begins with a survey course, Nation Building I (NBI). This provides students with an overview of contemporary conditions and concerns in Native America. Issues of history, law, culture, social conditions, economics, and politics are presented. The focus is vii

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not on the arguably vain goal of “really” understanding the Native experience. Rather, NBI introduces students of diverse backgrounds and specialties to the practical choices and challenges that tribal leaders and decision makers face in contemporary settings, particularly as Native nations are increasingly taking control of everything from courts and environmental regulation to education and health care. In keeping with the objective of setting forth tribally driven agendas and perspectives, the course begins with, and then repeatedly interjects further, presentations by Native leaders and community members. As a follow-up to NBI, Nation Building II (NBII) provides students with the opportunity to apply their skills and training to real-­world problems through practical field projects. In this process, Native leaders and managers take advantage of effectively pro bono research services to investigate issues and solutions to problems they encounter as they seek to improve their communities. The process leading to the selection of NBII projects begins in the fall term with outreach to tribal communities and organizations through professional, community, alumni, and student contacts for spring projects. In addition, many prior tribal “clients” return seeking additional resources (see the appendix for a sample NBII request letter). The essence of the NBII course is that the needs and interests of the community, rather than the professors or students, drive each proposed project. The faculty help clarify and structure the projects so that the efforts can be addressed in one semester and expectations are appropriate for such limitations. This is especially important since projects are diverse, covering topics such as public administration, education, health, economic development, environmental protection, resource management, culture, and social welfare. Clarification of project goals is usually accomplished by e-­mails and telephone calls prior to the start of the course. And since tribal sovereignty and self-­determination are paramount, the faculty are charged with making it clear to the tribal clients that NBII projects will not provide specific recommendations or one-­size-­fits-­all solutions. Rather, projects identify resources, knowledge, information, and options for the clients to consider in their own decision-­making processes. At the start of the NBII course, students are introduced to a list of possible projects and then matched to clients according to their interests and backgrounds. In most instances, students work in teams of two; experience has taught us that student collaboration yields results that are more useful, and working in teams provides students with more realistic exposure to working “on the ground.” Requested projects routinely outnumber

Preface 

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available students, and clients who cannot be served are offered the opportunity to roll their requests into the subsequent academic year. After the students are matched to projects, they are exposed to a series of seminars concerning field research and contemporary Native issues. Students also establish regular contact with their clients, framing the project and gathering initial information and data. By midterm, students are expected to have acquired sufficient background and perspective to be able to conduct a site visit to work with their clients face-­to-­face. The exchange of knowledge flows in all directions during this initial phase, enriching the students, clients, and faculty. Following midterm site visits, the NBII course moves to small group supervision and individual team meetings. Preliminary presentations are made by each team, providing opportunities to test ideas, receive feedback, and refine focus and analysis. The term culminates in a final public presentation and written report. Along with the Harvard University community, clients are invited to participate in the final presentations, either in person or through teleconferencing, offering their insights and perspectives prior to delivery of the final report. Throughout the NBII process, it is stressed that the audience for final reports is not academic. Rather, the audience is the client, and the students are challenged to present results—in substance and in form—that can assist in the client’s decision-­making process. The projects chosen for this book represent the range of content and the process that we have found productive in providing an educational experience for students and useful product to tribal clients. This volume is intended to be a resource to Native communities, scholars, educators, and students interested in enriching the breadth of their practical and intellectual knowledge about nation building in Native communities. We have lightly edited the reports in this book for readability and context, but we have preserved their structures and ideas so that the strengths and weaknesses of student reports are not lost. In the spirit of sharing and in recognition that one community’s approach to its challenges and concerns can be a source of knowledge to others, each of the clients covered in this volume has graciously consented to publication. Dennis K. Norman and Joseph P. Kalt Cambridge, Massachusetts

Acknowledgments

We gratefully acknowledge the American Indian/Alaska Native leaders, communities, and programs that have sustained our partnerships in supporting healthy Native communities, the support the Harvard University Native American Program has given our course on Native Americans in the 21st Century: Nation Building II, and the students who have given so much to each project over the last seventeen years.

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Universities and Indian Country

introduction

Native Nations and Universities Collaborative Strategies for Nation Building

The Nation-­Building Renaissance There is a remarkable renaissance underway in Indian Country. Indeed, with the adoption in 2007 of the United Nations Declaration on the Rights of Indigenous Peoples, this renaissance is rapidly becoming a worldwide movement among indigenous communities. Native communities are not only standing up to oppression, discrimination, and the exploitation of indigenous peoples and their assets, but also asserting their rights to define and determine their own cultural identities and practices, while aggressively reclaiming their inherent rights to govern themselves. The self-­governance renaissance goes far beyond consultation or merely having a voice in the larger society’s decisions when they affect Native people. It means, first and foremost, that Native communities make the critical decisions that affect their lives and fortunes. And it means putting in place the self-­determined capacity to make, implement, and manage the policies, programs, and procedures that embody the community’s own priorities and uphold its own laws and values. At the Osage Nation, for example, self-­governance has meant casting off a constitution of foreign design and crafting a new constitution hammered out and fine-­tuned over four years by the Osage people. For the Akwesasne Mohawk, self-­governance has meant building the Akwesasne Freedom School, where Akwesasne children receive cutting-­edge education in a curriculum grounded in Mohawk philosophy, which ranges from mathematics and science to the Mohawk language. For the Flandreau 3

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Santee Sioux Tribe, self-­governance has meant providing public safety for Indians and non-­Indians alike by creating a single, shared police department with the City of Flandreau, South Dakota. For the Tohono O’odham Nation, self-­governance entails building and running an elder care facility that is second to none in the world, allowing senior citizens to be cared for within O’odham precepts of Himdag. For the Bad River Band of Lake Superior Chippewa Indians, self-­governance means restoring and protecting the community’s environment by building and running its own solid waste disposal and recycling department.1 In short, the self-­governance renaissance is putting Native nations in the driver’s seat on matters that range from law making and justice to housing and economic development, from education and health to cultural strengthening and environmental protection. This renaissance is commonly referred to as the nation-­building movement in Indian Country. Whether termed nation building, nation re-­building, self-­determination, or institution building, the movement consists of “the enhanced capacity of indigenous nations to realize their own cultural, educational, economic, environmental, and political objectives through foundational actions of their own design and initiation.”2 The drive for self-­governance has brought Native leaders and managers face to face with the reality that effective self-­rule requires the capacity to self-­govern. Like other nations in the world, Native nations can fight vigorously and tirelessly for recognition of their inherent rights, take back those rights . . . and then fail in the exercise of self-­government. On the other hand, when the right ingredients are in place, Native nations repeatedly demonstrate remarkable capacities for healing their communities, strengthening their cultures, building their economies, and meeting the social needs of their citizens. Research into the patterns of success and failure in nation building repeatedly finds that the former is founded on at least four critical principles:3 1. Sovereignty matters—Native nations making their own decisions consistently out­perform external decision makers. 2. Culture matters—One size does not fit all. Indigenous nations are diverse; each nation must equip itself with governing structures, economic systems, policies, and procedures that fit its own contemporary culture. 3. Institutions matter—Assertions of sovereignty must be backed by capable institutions of self-­governance.

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4. Leadership matters—Nation building requires civic, political, and cultural leaders who can educate and inspire citizens in the renewal of traditions of their own self-­governance, challenging assumptions and proposing change.

Implications for University Collaborations The principles of nation building not only serve as frameworks for guiding the Native renaissance, but they also help establish the principles of conduct for partnering entities outside of Indian Country. In some cases, this requires complete restructuring of “outside” institutions and their programs. Spurred by federal legislation initiated in the mid-­1970s, the federal Indian Health Service (IHS), a sub-­department of the U.S. Department of Health and Human Services, for example, has had to embrace a transition from health care delivery system to advisory and technical assistance collaborator. To its credit, IHS has more than eighty self-­governance compacts with about 60 percent of the federally recognized tribes.4 Similar progress toward local control by tribal governments and their citizens is seen in the takeover by many tribes of such departments as police, fire, forest management, schools, roads, and asset management from the U.S. Department of the Interior’s Bureau of Indian Affairs (BIA). State and county governments, too, have had to adapt to the reality that their neighboring Indian nations must be brought in as full partners on matters ranging from regional transportation planning to water quality regulation. Universities must also learn new ways of working with Indian nations. For too long and too often, universities and their researchers have used Native communities and Native affairs as objects of academic study. In the process, universities have overwhelmingly been “takers,” taking knowledge from indigenous people, but seldom leaving anything of value behind.5 It is no wonder that Native communities are often skeptical of the next university that comes along wanting “to work with the tribe.” The principles of nation building provide a framework for universities in their dealings with Indian Country. We believe that tribal-­university collaborations built on this framework make the academy a richer place for students of all cultures. In these partnerships, involved faculty and others in the academy cannot help but develop perspectives and experiences that lead to better research and teaching. The ability of the university, its faculty, and its students to contribute productively in a globalizing world

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of interlinked nations will be enhanced. In the process, universities have a chance to “give,” rather than always “take,” in their dealings with Native nations.

Sovereignty Matters There is no denying that there is a service component to the kind of work presented in this volume. After all, the reports presented here were requested by and intended to be of assistance to Native leaders and organizations. Yet, the studies here are not paternalistic efforts that the university thought Native communities needed. Instead, they were requested and initiated by the clients themselves. Moreover, the studies assiduously avoid “telling the client what to do.” Rather, they gather the information requested, organize it, and form it into options for the clients to consider during their decision-­making processes. In fact, the students are told with only a little hyperbole (since they are marked down for sloppy presentation and the like) that their project grades are based on one criterion only— how much they help their client by providing the tools and information needed for better decision-­making. In this regard, the faculty stresses that these projects are not the typical written term papers for professors. In taking this approach, the university adopts a key precept of nation building—respect for the sovereignty of Native nations. The topic of tribal sovereignty is multi­faceted in the extreme. It has innumerable legal and political dimensions that make for extensive and endless debates and discussions at legal conferences, in tribal council chambers, and in scholarly writings, to name a few. Sovereignty also has social and even personal dimensions, representing a kind of call to action aimed at changing mindsets and behaviors associated with colonization, victimization, and attempts at cultural subjugation. Yet, at its practical core, indigenous sovereignty is straightforward. It means indigenous individuals, communities, and polities making decisions for themselves—everything from what their schools will teach, what the speed limit will be on reservation roads, what the requirements are for tribal citizenship, how the courts will run, what natural resources will be protected, and so on. Respect for indigenous sovereignty means that the university provides information, analysis, and education at the request of Native clients with the conscious intent of arming Native decision-­makers and communities with, hopefully, high quality raw materials from which those decision-­makers and communities can fashion their own solutions to their own problems and concerns.

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This notion of fashioning one’s own, indigenous solution to the challenges of nation building not only entails respect for sovereignty, but it also requires respect for and understanding of the role of culture. In this there is important learning for Native and non-­Native students and faculty alike. The eyes of the Ojibwe student, asked to work on a project on constitutional reform in Sioux country, are opened wide when she realizes and reports, “I thought I understood Indians. But, man, those Lakota sure do things differently than we do at home.” The smugness of the non-­Native, liberal graduate student when it comes to cultural sensitivity and proper systems of governance can be usefully and powerfully shattered within this framework of collaboration: He does not ever forget the embarrassment he felt in presuming that all Native cultures engaged in non-­hierarchical, “sitting around the circle” versions of a New England town meeting to make important policy decisions. Upon outlining options for natural resource management to the tribal chairman in a traditionally matrilineal and hierarchical Apache community, he reports he was interrupted with some version of: “Public meetings? Why would we do what you white guys do? I turn to my maternal grandmothers for critical advice. They’ll tell me what the community thinks.”

Culture Matters The insight that culture matters profoundly in nation building is not simply a matter of universities respecting indigenous ways and values. It entails recognition that culture is central to the design and effectiveness of tribal policies and institutions. It verges on the tritely obvious to point out that any self-­governing society is more likely to be successful in solving its problems and meetings its citizens’ needs if its decisions, institutions, and actions are legitimate in the eyes of the people. But most of Indian Country has lived under one or two or more centuries during which their rights of self-­rule were overridden by other societies’ ideas of what was legitimate. The nation-­building renaissance is about taking back control of the political, economic, and social institutions and practices that shape the lives of Native communities, and remaking these systems so that they work for each Native nation according to that nation’s particular values and goals. From the hours when the tribal offices close for ceremonial occasions to the criteria of how tribal courts treat juvenile delinquents, from the basic forms of constitutional governance to the insertion of traditional healing practices into their hospitals, Native nations are rapidly innovating and

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rebuilding systems of their own making that can pass the twin test of practical effectiveness and cultural legitimacy. Native leaders repeatedly find and report that addressing this twin challenge does not entail a romanticized return to “the old ways.” Nor is it easy to always know what a community sees as culturally legitimate when it comes to economic development, cultural strengthening, environmental protection, or political action. Only dehumanizing stereotyping fails to see that Native communities have their conflicts; that they constitute dynamic cultures where peoples’ values and views change and leave perfect harmony a goal, but not a reality. But if there is not one homogeneous Navajo, Salish, Potawatomi, or Hualapai culture (much less one pan-­Indian culture) that defines what is legitimate in a community, the people with the best chance of making choices and designing social, political, and economic systems that meet the test of legitimacy are arguably the Navajo, Salish, Potawatomi, and Hualapai in their own communities. The lesson is not only that the Ojibwe woman is unlikely to be very good at telling the Lakota what to do (and they won’t let her anyway), but also that the non-­Indian graduate student is unlikely to be helpful in telling the Apache leader how to make policy (and with his grandmothers’ guidance). The lesson for the university, with its own institutional culture and notions of legitimacy, is that it has no role as prescriber or decider when it comes to working with Native nations.

Institutions Matter Today’s nation-­building renaissance is the product of the phenomenal long-­term resilience of Native identity and culture. These have endured through cycles of colonization, oppression, disempowerment, and, now, resurgence. The distinctively American Indian version of the Civil Rights Movement of the 1960s and 1970s not only brought issues of racism and discrimination to the fore, but also rekindled demands for recognition and respect for treaties and for Native self-­determination and political self-­rule. The passage of the Indian Self-­Determination and Education Assistance Act of 1975 (Public Law 93-638) marked a sea of change in U.S. policy and in relations of the United States with the more than 560 federally recognized tribes. Although far from complete, the Act’s expansion of the range of powers and activities over which the Indian nations can exercise effective authority has placed a premium on the recovery and rebuilding of Native institutions of collective decision-making.

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At the start of the self-­determination era, decades and centuries of outsiders making the critical decisions and running everything from churches to police departments on Indian reservations meant that Indian nations inherited others’ institutions, policies, and practices. Not only has this meant that the Native nations have been saddled with systems of governance and civil society that are illegitimate because of their foreign origins, but also that these systems are often functionally not up to the challenges, momentous and mundane, that must be met today. Laws must be made, sewer water must be treated, schools must be reformed, and paperwork must get filed. The progress that Native nations have made on the momentous and the mundane over the last several decades generally goes unnoticed in mainstream society, but it has been remarkable. It is apparent when the State of Oklahoma, impressed with the Muscogee Creek Nation’s prisoner release and reintegration program, asks the Nation to consider running the next state prison to be built. It is obvious when a neighboring non-­Indian town asks the Citizen Potawatomi Nation to provide the town with municipal court services. It shows up when the Salish and Kootenai Tribal College has more non-­Indian applicants for admission than it can handle. Notwithstanding these and other cases of competence, efficiency, and high quality service in meeting the needs of citizens, the scope of tasks that must be performed is enormous. The hundreds of Native nations differ in where they are on the path of institution building and rebuilding. Generations of poor access to relevant education and being cut out of management and decision-making means that Native leaders and managers are racing to catch up and fill gaps in their communities’ organizational infrastructures. This is an area in which universities can be of particular assistance and value to Native nations. Research and teaching that provide Native communities with perspectives, examples of best and worst practices, frameworks for problem solving, and menus of rigorously developed options empower and enable local self-­determination. Of course, terms such as “management,” “decision-­ making,” and “organizational infrastructure” suggest clear roles for universities’ professional schools. To be sure, Native and non-­Native faculty at a number of top law schools, for example, are becoming valuable resources to tribes as they generate cutting-­edge research on topics such as origins of common law and effective constitution-­making. Business school faculty are engaged in training professionals in tribal finance and entrepreneurship. A number of medical schools have figured out that research and

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training are improved by working cooperatively with tribes on their health care agendas. Cooperative and useful interactions between universities and Native communities do not have to be confined to “practical,” professional school subject areas. The professor of anthropology can contribute—and in the process, learn—by understanding what it really means to the tribe to repatriate its heritage artifacts, helping to frame the case to be made to non-­ Native museum curators. The historian, trained in research methods and with access to research databases, can help “mine” for concrete understanding of the traditional civil society institutions that sustained generations in the past. The linguistics professor can step out of her comfort zone and advise the doctoral thesis of the Native graduate student who seeks to launch an adult language immersion program for his tribe. The nation-­building enterprise is all-­encompassing. It spans the areas of expertise of any university. It reaches beyond self-­government and seeks to build systemically healthy communities in which people can and want to live. But the cultural, social, political, and economic strengthening of Native nations requires powers of sovereignty that are backed up by the institutional capacity to make and implement collective decisions about what kind of nation the community wants.

Leadership Matters Universities are communities, with their own cultures, identities, governance structures, politics, and leadership. University leadership must play a conscious role in guiding the academy to more productive—for all parties—relationships with Native communities. This leadership is both formal and informal. It certainly is not synonymous with authority. Just as social, cultural, and political leaders within Native nations are working to strengthen their societies and help chart a course toward shared goals, so too university leaders—faculty, administration, and even students—can and should be charting courses for working with Indian and other indigenous communities. In a very real sense, this starts with leaders serving as educators to their own communities. As a number of universities and divisions of universities have done as their leadership has come to understand the nation-­building renaissance, perhaps the most important change comes from ceasing to see Native communities as the “other,” that is, as objects of primarily historical interest whose contemporary affairs are of concern only to the American Indian

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or Ethnic Studies departments. The challenge for university leadership is to turn this change of perspective into strategies that reform the university’s relationships and roles vis-­à-­vis indigenous nations.

Strategies for Reforming University Practices With their respected histories of teaching and research, universities play critical roles in educating and influencing society. Through awarding degrees and certificates, they determine the standards for academic and professional preparedness and accomplishment. In their choices of curriculum, books, topics, and references, universities have a major role in shaping the thinking and judgment of all members of society. Universities prepare our citizens for participation in our civic institutions as well as shaping and forming future leaders. In this role, the academy becomes an arbitrator of valued knowledge by what it selects to emphasize or to ignore. The history of scholarly research conducted on American Indians or Native communities has all too often been at the expense of cultural accuracy or applicability. Basic assumptions of scholastic disciplines and methods dominate at the expense of the knowledge and perspectives, not to mention the needs, of indigenous cultures. Research results then end up frequently being rejected by Native communities as inaccurate, misleading, and exploitive, thus limiting the validity of much of the research conducted in Indian Country and taught by universities. Increasingly, serious researchers are adopting strategies of Community-­ Based Participatory Research (CBPR).6 The precepts of CBPR have been summarized as: “1) co-­learning among researchers and community collaborators and mutual transfer of expertise and insights; 2) shared decision-­making; and 3) mutual ownership of the processes and products.”7 Institutionally, however, there remains imbalance in academia in terms of defining the important research questions and methodologies that might help address the needs and concerns of Native communities as they attempt to educate the greater world about their cultures and as they attempt to use scholarship or research to solve educational, social, health, governmental, or economic issues. Research “participants” are still too often referred to as “subjects.” While valuable for its emphasis on community approval and collaboration, the ultimate goal of CBPR itself can remain too focused on yielding research that meets the researcher’s professional objectives and needs.

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It is time that indigenous self-­determination be embraced in research conducted in Native communities, and that academia’s research be tribally driven.8 By this we mean putting Native communities in the position of initiating and requesting university research assistance, and making the goal of research the meeting of the initiating communities’ needs as the communities themselves express those needs. We are not naïve; we understand that the incentives of scholars are commonly centered on the demands of the academy for peer-­reviewed publications and peer recognition. High-­level university leadership is required to change those demands and incentives, and to make it professionally advancing to pursue tribal-­ driven projects. building model respects and actualizes The essence of the nation-­ this conception of a tribal-­driven, client-­consultant relationship. Our experience with projects like those presented in this book is that such an approach not only permits truly shared collaboration that benefits indigenous communities, but is immensely rich in the research lessons it ultimately delivers to the university’s scholars and students. It can and should be argued that American universities should be held accountable for presenting all of their students with an inclusive view of American history that includes Native history, culture, and knowledge. We argue that these perspectives should not be isolated in “Ethnic Studies” or “American Indian Studies,” but integrated into mainstream courses on political science, history, literature, economics, religion, culture, and art. In fact, isolating them from mainstream courses marginalizes this cultural knowledge and limits the education of students. These issues highlight the need for an expanded view of knowledge, even beyond Indian Country. Globalization of our world perspective has been intensified and amplified by modern modes of transportation and technology that provide rapid exchanges of knowledge from every part of the world. The challenge for universities to embrace a more global perspective of knowledge is daunting, but ultimately enriching and determines the validity and applicability of their most valued commodity, knowledge. The model of tribal-­driven research permits Native issues and perspectives to be folded with validity into the globally focused university. The projects selected for this book span topics that include: examining regulations for controversial health research involving DNA studies, informed consent, treatment of human tissues or products, and intellectual property rights; developing human resources and educational strategies for tribes working with outside partners to expand the local workforce; assessing guidelines for tribal non­profit organizations and the associated

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tax implications; developing a culturally grounded early childhood education program; using self-­governance to guide the design or reform of all government programs to better meet a community’s own priorities; redefining law enforcement priorities and values for a Tribe that spans across an international boundary; examining cultural standards for Indian education for the National Indian Education Association as a model for tribal communities developing local, culturally relevant curriculum; analyzing strategies for enhancing financial literacy of tribal members; and exploring ways in which youth social support and activities help build community connections. In keeping with the principles of nation building and the process of working with local guidance in all aspects of each project, the reports generated cannot be seen as universal answers or resources that would fit all Native communities for the topic being researched. Rather, these projects serve as models for how each community or Native organization might approach answering their own questions with community and culturally relevant information. The projects also provide a model of how Native communities might partner with universities, while maintaining and expressing their self-­determination.

Notes The Harvard Project on American Indian Economic Development, The State of the Native Nations: Conditions under Federal Policies of Self-­Determination (New York, NY: Oxford University Press, 2008). 1. The foregoing are all examples of award-­winning governance initiatives from Honoring Contributions in the Governance of American Indian Nations (“Honoring Nations”), a program under the direction of the Honoring Nations Board of Governors and the administration of the Harvard Project on American Indian Economic Development. See http://www.hpaied.org. 2. “Keys to Native Nation Building” (presentation, Nation Building I, Day 2), accessed April 30, 2014, http://isites.harvard.edu/fs/docs/icb.topic47325.files/NBI_Day _2_Lecture_and_Crow.ppt. 3. “Overview,” The Harvard Project on American Indian Economic Development, accessed April 30, 2014, http://www.hpaied.org/about-­ hpaied/overview. For elaboration, see Miriam R. Jorgensen, ed., Rebuilding Native Nations: Strategies for Governance and Development (Tucson, AZ: University of Arizona Press, 2007). Similar themes are found in, for example, Robert J. Miller, Reservation “Capitalism”: Economic Development in Indian Country (Westport, CT: Praeger Publishers, 2012). 4. “Tribal Self-­Governance,” Indian Health Services, accessed June 16, 2014, http://www.ihs.gov/newsroom/factsheets/tribalselfgovernance/.

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5. Dawn M. Mackety, ed., “Community-­Based Participatory Research and Evaluation Approaches in Native American Communities,” National Indian Education Association, May 2012, 1 (citing Lowe, John, Cheryl Riggs, and Jim Henson, “Principles for Establishing Trust when Developing a Substance Abuse Intervention with a Native American Community,” Creative Nursing 17, no. 2 (2011): 68–73). 6. Among a growing number of fine examples, see Kimberly Horn, Lyn McCracken, Geri Dino, and Missy Brayboy, “Applying Community-­Based Participatory Research Principles to the Development of a Smoking-­Cessation Program for American Indian Teens: Telling Our Story,” Health Education & Behavior 35, no. 1 (2008): 44–69; Joan LaFrance, “Culturally Competent Evaluation in Indian Country,” in Saumitra SenGupta, Rodney Hopson, and Melva Thompson-­Robinson, eds., In Search of Cultural Competence in Evaluation: Toward Principles and Practices, New Directions for Evaluation, 102, 39–50 (San Francisco: Wiley, 2004); Puneet C. Sahota, Community-­Based Participatory Research in American Indian and Alaska Native Communities (Washington, DC: National Congress of American Indians, Policy Research Center, 2010), accessed at http://www.ncaiprc.org/files/CBPR%20Paper%20FINAL .pdf; Sandra Styres, Dawn Zinga, Sheila Bennett, and Michelle Bomberry, “Walking in Two Worlds: Engaging the Space Between Indigenous Community and Academia,” Canadian Journal of Education 33, no. 3, (2010): 617–48; Mackety, “Community-­ Based Participatory Research,” provides a valuable annotated bibliography. 7. Mackety, “Community-­Based Participatory Research,” 1 (citing Viswanathan, Meera, et al., “Community-­Based Participatory Research: Assessing the Evidence,” Evidence Rep. No. 99 [Rockville, MD: Agency for Healthcare Research and Quality, 2004]). 8. This extension of CBPR does not originate with us. See, for example, pioneering work by Patricia Mariella, Eddie Brown, Michael Carter, and Vanessa Verri, “Tribally-­ Driven Participatory Research: State of the Practice and Potential Strategies for the Future,” Journal of Health Disparities Research and Practice 3, no. 2 (2009): 41–58.

part one

Economic Development

Introduction to Projects on Economic Development The era of official U.S. federal policies of self-­determination for federally recognized Indian tribes took shape in the late 1960s and early 1970s. Formalized under the Indian Self-­Determination and Educational Assistance Act of 1975 and strengthened through additional congressional action in the ensuing years, self-­determination is the only federal policy that has worked to begin to address the poverty of American Indians on reservations (the poorest identifiable group in the United States).1 Since the early 1990s, and while there remain deficits of poverty that await progress, per capita income of Indians on reservations has been growing at approximately five times the rate seen for the average U.S. citizen.2 Importantly, this economic growth is not confined to tribes with much-­publicized casino gaming operations, but holds true for tribes without casinos.3 In our experience, as well as our students’, tribes are deeply interested in economic development. But the end goal is not primarily focused on the accumulation of individual wealth or high levels of consumption. Instead, in case after case, the goal is alleviating long-­standing systemic poverty and related social problems while holding the community and the culture together. The late Philip Martin, long-­serving chief of the economically successful Mississippi Choctaw, once described why he worked so tirelessly to build a sustainable economy for his nation: “It used to be that everyone moved away. Now they’re all coming back.”4 When tribes experience economic growth and there are job opportunities on the reservation, the young family does not have to move away just to keep food on the table; the bright young college graduate can come home to build a 15

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stable and fulfilling career; the tribe can afford to invest in taking over and expanding health and wellness programs; and so on. In a very real sense, economic development also means independence—freedom from reliance on the meager funding and the priorities of, especially, the U.S. federal government. The pathways tribes are taking to this independence are many and diverse. For some, tribally owned gaming operations have provided the training grounds and the financial resources that undergird successful nation building. For others, non-­gaming enterprises of the tribe, or private businesses of tribal citizens, are being looked to as the sources of improved economic and social conditions. The diversity of economic development strategies pursued by tribes is seen in the very wide range of projects requested through the Nation Building II course. Recent years have seen projects requested on everything from a real estate feasibility study to the design of tribally owned corporations. Our students have also worked on bank acquisitions, utility authorities, tax codes, investment funds, digital infrastructure, and mineral extraction. Here we present two projects that illustrate the nature of tribes’ economic development challenges in Indian Country. In “Many Stars CTL: Strategy for Human Resource Development,” Jemima Cameron responds to a joint request by the Crow Nation in Montana and the Australian-­ American Energy Company (AAEC) for assistance in designing and implementing workforce development programs as the nation and the company embark on a multi-­billion-­dollar, long-­term project to turn massive Crow coal reserves into marketable liquid fuels. The Crow Nation vigorously pursued the Many Star project as it promises to bring critically needed jobs to the region. However, after signing the launching contracts, it was apparent that the Crow workforce would need training and skills development in order to secure and perform well in those jobs. In Cameron’s report to her clients, she assesses both the human and institutional resource capacity of the Crow Nation. The emphasis on the latter is often ignored in the face of an exciting boom in employment opportunities. Yet, Cameron recognizes that the massive mobilization of resources around the Many Stars CTL project means that the tribal administration, local tribal college, AAEC, and other partners will all have to work in sync toward workforce improvements. She provides her clients with a framework based on research into strategies developed by others in similar contexts, and she sets out a practical strategy and timeline for moving forward quickly. In Cameron’s case, her report led to her being hired to implement and build on its recommendations. She is currently

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employed on the Crow reservation as the workforce development director for the Australian-­American Energy Company. The second economic development project presented here grew out of efforts by the Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation in northeastern Montana to implement the community’s vision for a “Journey Toward a Healthy Community.” The “Journey” was the result of a taskforce made up of tribal council members and dedicated Fort Peck citizens. It grew out of dissatisfaction with previous attempts to alleviate problems of unemployment, poor physical health among citizens, and grinding social stress on individuals and families. The holistic goal took the form of nothing less than transforming Fort Peck into a culturally, economically, socially, and politically healthy place to live. The taskforce behind Fort Peck’s “Healthy Community” was anything but naïve when it came to implementing their vision. They knew it would take substantial resources, and pouring more resources into old and tired programs was turning into money wasted. Emily Longenecker and Catherine Warren were asked by the tribes to investigate the feasibility of, and steps needed to create, a tribally owned nonprofit entity that could attract funding and implement development projects. Based on both consultation with Fort Peck leaders and a review of experiences from other tribes, their report lays out the pros and cons of alternative organizational structures, governance models, funding sources, and operation guidelines of a tribally owned nonprofit for the Fort Peck Tribes. In so doing, they arm community leaders with better information for making their own choices as they set out on their journey to a healthy community.

Notes 1. Stephen Cornell and Joseph P. Kalt, “American Indian Self-­Determination: The Political Economy of a Successful Policy,” Joint Occasional Papers on Native Affairs, (November 2010), accessed May 7, 2014, http://www.hpaied.org/images/resources /publibrary/jopna%20wp%201%20cornellkalt%20politics.pdf. 2. Randall K. Q. Akee and Jonathan B. Taylor, Social & Economic Change on American Indian Reservations: A Databook of the US Censuses and the American Community Survey, 1990–2010, Taylor Policy Group, September 13, 2013. 3. The Harvard Project on American Indian Economic Development, The State of the Native Nations: Conditions under U.S. Policies of Self-­Determination (New York, NY: Oxford University Press, 2008). 4. Chief Philip Martin, Mississippi Band of Choctaw Indians (presentation, Harvard University, Cambridge, MA, September 29, 1998).

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Related Readings in Economic Development Adamson, Rebecca, and Juliet King. “The Native American Entrepreneurship Report,” First Nations Development Institute. Fredericksburg, VA: First Nations Development Institute, March 2002. Anderson, Terry L., Bruce L. Benson, and Thomas E. Flanagan. Self-­Determination: The Other Path for Native Americans. Stanford, CA: Stanford University Press, 2006. Cornell, Stephen, and Joseph P. Kalt. “American Indian Self-­Determination: The Political Economy of a Policy that Works.” In Joint Occasional Papers on Native Affairs. Tucson, AZ: Native Nations Institute for Leadership, Management and Policy, University of Arizona, October 2010. ———. “Successful Economic Development and Heterogeneity of Governmental Form on American Indian Reservations.” In Getting Good Government: Capacity Building in the Public Sectors of Developing Countries, edited by Merilee S. Grindle. Cambridge, MA: Harvard Institute for International Development, 1997, 257–96. ———. “Two Approaches to the Development of Native Nations: One Works, the Other Doesn’t.” In Rebuilding Native Nations: Strategies for Governance and Development, edited by Miriam R. Jorgensen. Tucson, AZ: University of Arizona Press, 2007, 3–33. ———. “Where’s the Glue: Institutional and Cultural Foundations of American Indian Economic Development.” Journal of Socio-­Economics, no. 29 (2000): 443–70. Federal Reserve System (Board of Governors). Growing Economies in Indian Country: Taking Stock of Progress and Partnerships. Washington, DC: Federal Reserve, 2012. First Nations Development Institute, Native American Asset Watch: Rethinking Asset-­ Building in Indian Country. Longmont, CO: First Nations Development Institute, 2009. Harvard Project on American Indian Economic Development. “Assets and Economy.” In The State of the Native Nations: Conditions under Federal Policies of Self-­ Determination. New York, NY: Oxford University Press, 2008, 93–196. Hosmer, Brian, and Colleen O’Neill, eds. Native Pathways: American Indian Culture and Economic Development in the Twentieth Century. Boulder: University Press of Colorado, 2004. Miller, Robert J. Reservation “Capitalism”: Economic Development in Indian Country. Westport, CT: Praeger Publishers, 2012. North, Douglass. Institutions, Institutional Change, and Economic Performance. Cambridge, UK: Cambridge University Press, 1990.

chapter one

Many Stars CTL Strategy for Human Resource Development, 2009 Jemima Cameron

The Many Stars Project is a multi-­billion-­dollar joint venture between the Crow Nation in southern Montana and the Australian-­American Energy Company (AAEC) to develop the coal resources on the Crow reservation. The project will involve the mining and conversion of coal to a high quality diesel fuel, a key technology given the large coal deposits within the United States and the federal government’s desire to increase energy independence.1 The agreement between the Crow Nation and AAEC prioritizes job creation for enrolled Crow citizens, and then enrolled citizens of any American Indian tribe. The purpose of this project was to help AAEC ascertain the level of commitment for workforce development that will be necessary to maximize the readiness of enrolled Crow citizens to accept gainful employment when construction begins in 2012. In order to do so the report examined existing local educational opportunities and resources; assessed the capacity of local human resources; produced a time line for identifying, training, and developing a workforce; and provided a model workforce development strategic plan.

Overview The Crow Nation has eleven thousand enrolled members with approximately eight thousand living on the reservation. The reservation is located just south of Billings, Montana, taking up the majority of Big Horn 19

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County and sharing borders with Wyoming to the south and the Northern Cheyenne Tribe to the east.2 The Many Stars Project plans to operate a mine and coal-­to-­liquids (CTL) processing plant that will convert coal to a high quality diesel fuel. The viability of this project is linked to the push for the United States to reduce its dependence on foreign oil. In working on a strategic plan for the project, the unique situation of the Crow people has been taken into account, including their culture and the unprecedented contract entered into with Australian-­American Energy Company that seeks not only monetary incentives for both parties but also has provisions to ensure a sound platform for the socio-­economic security for this and future generations of the Crow Nation. There have been multiple projects to mine natural resources on the Crow reservation—the most successful is Westmoreland’s Absaloka mine, which has been in operation since the 1970s. This operation, however, is on ceded land, and there is no formal agreement to guarantee jobs for local workers. (The tribe does collect royalties from the mine.) The provisions of training and mining on reservation land are hallmarks of the Many Stars agreement, and are made possible in large part due to the newly found stability of the tribal government.

The Role of Constitutional Reform In 2001, the Crow Nation’s general council, consisting of all adult members of the tribe, voted to drastically retool the 1948 constitution under which the nation was previously governed. Under this new constitution, three separate branches of government were established: a four-­member executive branch voted on by the general council, an eighteen-­member legislative branch composed of three representatives from each of the six districts and voted on by district residents, and a judicial branch voted on by the general council. Under the previous constitution, the four executive officers and sixteen committee members were elected by a majority vote of the general council. There was little stability in government, and each executive rarely outlasted the two-­year appointment. According to tribal members, this turnover made it almost impossible to enter into contracts with outside entities to secure the economic future of the tribe. The three-­branch government under the 2001 constitution allows more latitude for the executive branch to seek enterprise partnerships, and checks

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and balances, including the legislative branch giving final approval to projects, providing accountability. While the roles and responsibilities of each branch are still being worked out in practice, there are positive signs of government stability.

The State of the Workforce According the U.S. Department of the Interior’s Bureau of Indian Affairs (BIA), unemployment on the Crow reservation is approximately 60 percent, while the U.S. Census figure is closer to 20 percent.3 This discrepancy is due to the differing definitions of unemployment. The Census requires someone to be actively seeking employment, while the BIA includes individuals who have given up looking for work due to extended periods of economic distress. Although there is no data available at this time, it has been suggested by Crow’s Tribal Employment Rights Office (TERO) that there are a number of skilled and semi-­skilled laborers and tradesmen on the Crow reservation despite an acute lack of work. Of those that are currently employed, half are employed in government positions with the tribal government, BIA, State of Montana, or the U.S. Department of Health and Human Services’ Indian Health Service. The next largest group of workers is employed in the private sector, including jobs in agriculture, mining, drilling, and forestry.4

Current Education, Training, and Employment Institutions on Reservation Different parties with different funding structures govern education on the Crow reservation. The K–12 schools are separated into three different school districts: Hardin, Plenty Coups (Pryor), and Lodge Grass. In total, there are three high schools and eight middle and elementary schools. These school districts are run separately and are funded by the Office of Public Instruction in Montana. They also receive funding from federal grants and programs such as the Impact Aid Program, which is designed to enhance per pupil expenditure in areas with a smaller tax base. Chartered by the Crow Nation in 1980, Little Big Horn College (LBHC) is a two-­year higher education institution that offers eight associate degrees in topics specific to job opportunities on the Crow reservation

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and surrounding communities. It is a nonprofit corporation under the Crow Tribal Resolution 80–17b and 501(c)(3) of the U.S. Internal Revenue Code, and funding is provided by the tribal government and outside funding sources.5 The Education Department of the Crow Nation acts largely as an advising office and oversees the provision of scholarship monies for higher education from both the tribal government and the federal government’s Johnson O’Malley program.

Expected Employment Opportunities As previously mentioned, the Many Stars project will prioritize hiring Crow citizens for many of the job opportunities during both the construction and permanent phases. Figure 1.16 provides an approximate percentage breakdown of the total jobs available through the Many Stars project by level of education. Figure 1.27 shows the transition of jobs available from the construction phase (2012–16) to the permanent phase (2016 onwards).

Figure 1.1.  Percent of Total Jobs by Level of Education. Source: Data estimates provided by the Many Stars Project.

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Figure 1.2.  Anticipated Number of Jobs for the Project Phases by Level of Education. Source: Data estimates provided by the Many Stars Project.

In order to determine a strategy for training, the anticipated positions have been assigned to one of four groups by level of required education: High School Diploma Job Description: Unskilled Laborers/Administration Qualifications: High School Diploma, GED (General Education Development), or Certificate of Competency Total Anticipated Number of Jobs, Construction Phase: 650 Total Anticipated Number of Jobs, Operation Phase: 201 Wage Range: $30,000–$60,000 Approximately 21% of All Jobs Generally speaking, jobs in this category will not require a high level of education, and are likely to be offered on an hourly basis or in a low salary range. Positions include, but are not limited to, heavy machine operators, clerical assistants, and laborers. Associate’s Degree or Trade Certification Job Description: Skilled Workers/Specialist Administration Qualifications: Associate’s Degree or Trade Certification Total Number of Jobs, Construction Phase: 1,755 Total Number of Jobs, Operation Phase: 505

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Wage Range: $50,000–$80,000 Approximately 56% of All Jobs Jobs in this category require some formal education beyond high school, most likely in technical colleges or two-­year degree programs at community colleges. Jobs include, but are not limited to, drillers, shooters, carpenters, boilermakers, electricians, human resources payroll, and accounts receivable and payable. While these jobs are higher in wages, many of them are likely to be offered on an hourly basis rather than a salaried position. Bachelor’s Degree Job Description: Middle Management, Supervisors, and Quality Assurance Qualifications: Bachelor’s Degree, Bachelor’s Degree Equivalency, or Experienced Journeyman Total Number of Jobs, Construction Phase: 385 Total Number of Jobs, Operation Phase: 121 Wage Range: $70,000–$150,000 Approximately 12% of All Jobs Jobs in this category involve a good amount of technical knowledge and experience, and generally would require a bachelor’s degree or ten to fifteen years of work experience. Positions include, but are not limited to, superintendents, accountants, foremen supervisors, and environmental safety standards officers. Post-­Graduate Degree Job Description: Upper Management, Research Scientists, and Engineering Qualifications: Bachelor’s Degree in Engineering and Post-­Graduate Degree in Management, Science, or Related Field or Bachelor’s Degree with Relevant Experience Total Number of Jobs, Construction Phase: 380 Total Number of Jobs, Operation Phase: 58 Wage Range: $100,000–$300,000 Approximately 11% of All Jobs Jobs in this category generally involve a high level of technical expertise, requiring post-­graduate studies or many years of experience. Jobs include, but are not limited to, engineering, research and development, and managerial positions.

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Many Stars Education and Training Strategy The unique situation of the Crow Nation and Crow culture were both integrated into the strategic plan for the proposed project. The following are some overarching themes that were identified during a site visit to the Crow reservation: 1. Providing opportunities physically on the Crow reservation is a priority; 2. Each pathway should have a practical component that explicitly links education to training and work opportunities; and 3. Continuing education, mentoring, and job sharing will be paramount to ensuring Crow citizens have pathways to each strata of job title. The premise of each of these strategies is to provide work experience throughout the planning and construction phase, ensuring a maximum number of Crow citizens are working at all levels of production once the mine and processing plant are in operation. There needs to be a delineated link as to why each stage is important and how it leads to a better future.

Assess the Human Resource Capacity of Crow Citizens In order to focus training and workforce development, there must be an accurate assessment of potential employees. Crow’s education department and TERO have both expressed interest in creating a human resource database that contains basic personal information, as well as education, training, and work experience. Building upon this idea, Many Stars could use its current website to create a future employment database. In addition to the website, a paper questionnaire should be sent out or made available at a number of outlets on the reservation to be sure to reach the entire Crow population.

Create a Board and Develop a Training Strategy The Many Stars Project provides a number of employment and business opportunities that are ideal to support the educational goals of the Crow Nation. For example, it could establish a board that includes educators and administrators from each school district, Little Big Horn College,

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Crow’s Education Department, and possibly educators from Billings or other surrounding districts. This would provide each entity with a detailed understanding of job opportunities available through Many Stars, allowing them to find ways to support students interested in those particular jobs. In addition, educators would be involved in establishing and transforming Many Stars training strategy.

Professional Empowerment Program As previously discussed, the 2000 census reported that unemployment on the Crow reservation was 20 percent, while the BIA estimated unemployment to actually be closer to 60 percent, taking into consideration those who stopped looking for work because of prolonged economic distress in the area.8 This level of chronic unemployment suggests that a strategy supporting job skills development, similar to the Professional Empowerment Program (PEP) operating at the Sisseton Wahpeton Oyate of the Lake Traverse Reservation, might be beneficial. PEP teaches the basics of getting and keeping a job and the importance of time management. It also addresses behaviors that can lead to poor job performance like substance abuse and staying out late at night before work the next day. Built on the premise that if a tribal member loses their job in one tribal department or enterprise, they are likely to apply for a job in another tribal department or enterprise, this program has successfully increased job retention, going from approximately 30 percent to almost 80 percent in about three years.9 For the Crow Nation, this type of program would help to prepare those currently unemployed for the workplace. Similar to PEP, the methods employed would be culturally specific and built on the premise that if a tribal member loses their job they are likely to apply for another job with a tribal entity. This kind of job skills program is also beneficial for future workers. For example, conducting a simple cost benefit analysis showing the lifetime earnings by an engineer as compared to a boilermaker may encourage students to pursue specific degree programs.

Expand Opportunities on the Reservation Since the majority of the expected jobs will require either a trade certification or an associate’s degree, the focus should be on expanding this kind of education. LBHC remains an important educational pillar for the

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community and each high school does offer some vocational education, but they have also indicated the willingness and room to expand course offerings. In meetings at LBHC, it was indicated that graduation from a tribal college improves a student’s success rate at a four-­year institution from 30 percent (for those who go straight from high school) to 80 percent. These figures suggest that the priority should be expanding training opportunities on the reservation to ensure the highest rate of success.

Teacher Certification for Journeymen In conversations with the Billings Career Center, one of the area leaders in vocational education, there is a limited availability of vocational teachers in the Billings area. However, the Class 4 teacher certification necessary to teach vocational courses requires “10,000 hours of work experience in each area they wish to teach. Degrees, licenses and industry standard designations may be substituted for some of the work experience requirement.”10 By encouraging journeymen to pursue this certification, they would have an opportunity for steady employment as instructors, while also building valuable supervisory experience that would put them in line for more lucrative jobs in the construction phase.

Create New Vocational Education Possibilities LBHC and each of the high schools on the reservation have the facilities to offer distance learning classes either online or through an interactive video technology that allows for a two-­way transfer of information through a broadcast system. This technology is generally used for advanced placement (AP) or language classes, but it could be expanded for use in vocational education. This would be especially useful in the earlier stages of technical education when there is a high degree of safety information that must be taught. The Hardin School District already has welding and metal work courses available, and there is a clear need for similar classes in the Plenty Coups and Lodge Grass school districts. While there are some carpentry and basic mechanics classes, it would be beneficial to have more options available, including courses in diesel mechanics and how to read basic plans.

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Role of Little Big Horn College LBHC has a progressive expansion plan for the next few years that includes a provision for vocational education. This incorporates working on a potential partnership with City College at Montana State University Billings (formerly the College of Technology) that will allow a smoother transition as LBHC prepares for its own program. Similar to the efforts in the high school districts, if a pool of journeymen can be identified to become qualified instructors, it would be in Many Stars’ best interest to support such certification processes.

Create Alternate Certification Pathways Many laborers on the Crow reservation may have the skills to work in various trades, but they may not necessarily have the requisite certificates. These people could be identified through the proposed human resource database and placed in bridging programs either at school or with potential partner contractors. This would allow the individuals to complete apprenticeships and receive the appropriate training to make them eligible for positions during the construction phase of the project.

Many Stars Center of Excellence This is a key component to enhancing both the training and research capacity of Little Big Horn College, specifically for coal-­to-­liquids technology. This center would house a micro-­processing plant attached to a full-­sized control panel in order to train future technicians while also producing a high quality product. This center would provide a higher certification program on the reservation and offer hands-­on experience for a number of jobs during the construction and permanent phases.

Define Pathways for Promotion A key indicator for the success of this project is to ensure that there are local people represented in all of the layers of the organization. In order to make this a reality, a clear pathway to such jobs must be delineated, and there must be adequate allowances made for non-­traditional advances in careers. While there are a number of ways in which to do this, it is important for the project to maintain a clear, long-­term objective to prioritize mentoring, talent identification, and career advancement.

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Co-­operative Education Co-­operative/job-­sharing education programs provide students with the opportunity to work while earning college credits. Using a systematic method to identify those with an aptitude for advanced degrees, candidates for this type of program could be selected during their vocational training. This would also adhere to the policy to provide practical educational opportunities on reservation. Participants of such a program would work six months during the construction phase of Many Stars and earn college credit. Then they would spend another six months at a university, completing their course work.

Job Shadowing In the construction phase, there must be an opportunity for talented workers to work “up” a level to allow them a better opportunity for advancement and/or placement in the permanent phase. A job-­shadowing arrangement would be a formal mentoring relationship that would allow someone to attain the appropriate degree in a part-­time, or co-­operative fashion while gaining on the job training for a higher position.

Talent Identification It is important for Many Stars to support the advancement of all employees who perform exceptional work, regardless of their level within the company. In particular, those with an inclination to pursue further educational and training opportunities should also be encouraged and rewarded.

Scholarships and Internships Many Stars’ current scholarship program should continue for students with an aptitude and interest in the sciences and an inclination to work in fields that will directly benefit the company. The scholarship program should also have an internship component in which students work for the company during school breaks, providing them with practical work experiences. Many Stars may wish to consider requiring scholarship recipients to work at the company within a specified amount of time after graduation or the money must be repaid as a low interest loan. The purpose of this scholarship is to encourage students to stay in school and not drop out once the construction phase jobs begin.

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Timeline for Strategy Development: Next Steps Phase One •• Explore grant opportunities for workforce development, education, and training. •• Accurately assess human resources and collate into a database. •• Convene a board or forum for education and training strategy. •• Expand coordination between high schools and Little Big Horn College. •• Increase online/distance-­learning capacity for both vocational and advanced placement classes and share courses amongst the school districts. •• Develop a community outreach project. •• Facilitate partnerships with technical colleges to administer classes with LBHC.

Phase Two •• Identify a corps of journeymen to assist teaching and administer practical classes. •• Support journeyman efforts to attain teaching certification or professional development. •• Facilitate the availability and access to vocational certification opportunities on reservation. •• Support curriculum development for a professional empowerment program. •• Support curriculum development for vocational classes. •• Continue grant applications to secure funding for further projects.

Phase Three •• Support first vocational courses taught completely at LBHC. •• Support construction of Many Stars Center of Excellence and Vocational Education. •• Support first placements into a co-­operative education program with partner contractors. •• Recruit Crow citizens with relevant graduate degrees to teach Many Stars–specific modules for middle management and to develop curriculum to enhance interest in engineering and the sciences at all age levels.

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Funding Sources and Programs There are a number of different resources within the federal government’s current stimulus package that can assist funding workforce development, education, or energy programs. A more complete list can be found at: http://www.indiancountryworks.org/tribal_stimulus.cfm. There are also a number of non-­governmental organizations that do work in Indian Country. The following is a list of governmental and non-­governmental entities that could provide financial or other resources for program development:

U.S. Department of Energy http://www.energy.gov/recovery/funding.htm http://www.indiancountryworks.org/tribal_stimulus.cfm?id=9&view =category

U.S. Department of Housing and Urban Development Community Facilities Grant Program: Rural Development and Housing Program Indian Community Development Block Grant (ICDBG) program: http:// portal.hud.gov/hudportal/HUD?src=/program_offices/public_indian _housing/ih/grants/icdbg

Native American Housing Block Grants (NAHASDA) Housing Improvement Program: http://www.indiancountryworks.org/tribal _stimulus.cfm?id=2&view=category

U.S. Department of Education Title II—Preparing, Training, and Recruiting High Quality Teachers and Principals Impact Aid Vocational Rehabilitation Programs: http://www.indiancountryworks.org /tribal_stimulus.cfm?id=5&view=category

Foundations Bill and Melinda Gates Foundation: http://www.gatesfoundation.org Ford Foundation: http://www.fordfound.org

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Non-­Governmental Organizations The following programs were researched and contacted to ascertain an appropriate course of action for workforce development. billing career center (bcc).  BCC is a vocational high school in Billings with a number of innovative programs, including a pre-­ engineering program for selected students. This program enhances the likelihood that high school seniors will continue in the engineering field once they transition to a university. The vocational choices at BCC are extensive with state-­of-­the-­art welding, mechanics, and carpentry courses, as well as early childhood education, graphic art, and photography. BCC’s career center even has an innovative program that allows high school students to attend BCC full-­time or to continue to take regular classes at their current school and attend BCC part time. Students often graduate with a number of college credits, providing an advantage should they choose to pursue higher education. Website: http://bcc.billings.k12.mt.us/. fortescue mining groups vocational technical education center.  This project utilizes existing infrastructure in the Pilbara region in Western Australia to train future aboriginal employees. It appears that Fortescue helps to support students while they are undertaking further study and also guarantees work upon completion of their degrees. This has slowed in recent times with the dramatic downturn in the mining industry in Western Australia, however, according to their website they currently have 104 Aboriginal employees. Website: http://www.fmgl.com.au/IRM /community/. iraqi construction apprenticeship program.  Retired U.S. Navy Rear Admiral Chuck Kubic created this program to train Iraqi teenagers in the basics of construction in order to be qualified for jobs in the ongoing rehabilitation of Iraq. Legitimate work for many of this age group (sixteen to twenty-­six) was limited to joining the army or police force, both of which required passing a written test. By targeting this group, who were ultimately at risk to be recruited by insurgents, the engineering corps of the navy was able to quickly train these young Iraqi men. This program had two six-­week phases, the first of which was initially focused on safety, but quickly moved to a morning theoretical session, followed by an afternoon of practical work where they were assigned in small groups to a journeyman. Each student was paid five dollars a day for their involvement, an important incentive to their participation. Upon completion of the initial six-­week phase, each student received a toolbox, tools, and a certificate. After graduation, they were placed on-­site where the navy subsidized a

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further six weeks at seven dollars a day where they were then expected to work to earn a job from a subcontractor. The success of the program, according to Admiral Kubic, can be attributed to three factors: 1) students were given real experience at an early stage in the process, 2) there was a small but significant economic incentive, and 3) the scope of the project allowed tangible outcomes to be achieved. mississippi choctaw tribal school system.  The Mississippi Choctaw tribal school system has a complete Kindergarten through adult education structure that oversees all schooling on the reservation. This effort coordinates educational services for Choctaw citizens from birth to late life, embedding tradition and culture with functional education geared toward the employment opportunities that are available on the reservation. They also have an extensive scholarship that contributes to higher education both on-­and off-­reservation. Website: http://www.choctaw.org /government/tribalServices/education.index.html. montana state university billings: college of technology.  Montana State University at Billings has an extensive associate’s degree program and has taken over the operation of the Billings Vocational Technical campus. MSU-­Billings has shown a commitment to online learning in recent years, and may be a good partner for operating online vocational courses. Website: http://citycollege.msubillings.edu. professional empowerment program, sisseton-­ wahpeton oyate.  This program uses a culturally specific curriculum to teach real and effective job skills to the tribal members. It found that despite the availability of jobs on the reservation, some tribal citizens were unable to keep the jobs. The program teaches the basics of getting and keeping a job, while also addressing behaviors that can lead to poor job performance like substance abuse and staying out late at night before work the next day. Built on the premise that if a tribal member loses their job in one tribal department or enterprise, they are likely to apply for a job in another tribal department or enterprise, this program has successfully increased job retention, going from approximately 30 percent to almost 80 percent after its inception. Website: http://www.hks.harvard.edu/hpaied/hn/hn_2005_Professional EmpowermentProgram.htm. united tribes technical college.  The United Tribes Technical College in Bismarck, North Dakota, is a residential technical school that was established “to provide a community in which Indian people can acquire an education and obtain employment.” UTTC specializes in providing occupational education and training in a culturally relevant environment. In addition to its twenty-­two associate degrees and three

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bachelor degrees, it now offers six online degrees and two online certificate programs. Website: http://www.uttc.edu. youth build.  Youth Build is a national nonprofit organization that offers communities a proven framework that allows students to complete their general educational development tests (GED) while taking on real-­ world work experience and earning a small stipend in a construction setting. These projects are generally sponsored by a mix of public and private monies and have seen the majority of their participants through to graduation. Website: http://youthbuild.org.

Operational Details of the Many Stars Project Australian-­American Energy Company: Coal-­to-­Liquids Process During the coal-­to-­liquids process, coal, oxygen, and water are fed into a gasification unit, put under high heat and pressure, and then synthesized into a gas made of carbon monoxide and hydrogen, along with carbon dioxide. The carbon dioxide is separated and captured for underground sequestration or utilized in enhanced oil recovery (EOR) in nearby oil fields. The remaining carbon monoxide and hydrogen are cleaned and fed to the Fischer Tropsch reactors where they are converted to paraffinic hydrocarbons. The paraffinic hydrocarbons are then refined into transportation fuels. The process has similar human resource needs as a typical petroleum refinery, needing skilled labor, technicians, engineers, and administrative support staff.

Mining Operation Description A new surface mine will be developed as part of the project to produce the 38,000 tons per day (approximately fourteen million tons per year) of coal for the initial coal-­to-­liquids (CTL) plant. Front-­end loaders will shovel the coal into trucks that will deliver the product to a preparation area. The prepared coal is then delivered to the adjacent CTL plant by conveyor. This operation is typical of smaller surface mines. As the mine expands its capacity, draglines may be employed to increase productivity. As the coal is removed over the life of the project, overburdened soils are returned and graded to an acceptable contour and native vegetation is planted to restore the land to its original character.

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Conclusion The partnership between the Crow Nation and AAEC will serve both entities well. For Crow, Many Stars will provide a much-­needed economic opportunity, expanding jobs on its lands for its people. For AAEC, Many Stars will provide a dependable and skilled workforce for this technically advanced operation.

Notes 1. Many Stars Project, accessed January 20, 2012, http://www.manystarsctl.com. 2. The Crow (Apsáalooke) Tribe of Indians, “About the Apsáalooke,” accessed January 20, 2012, http://www.crowtribe.com/about.htm. 3. Veronica E. Velarde Tiller, Tiller’s Guide to Indian Country: Economic Profiles of American Indian Reservations (Bow Arrow Publishing Co, 2006). 4. Ibid. 5. Little Big Horn College, accessed January 20, 2012, http://www.lbhc.edu. 6. Data estimates provided by the Many Stars Project. 7. Ibid. 8. Tiller, Tiller’s Guide to Indian Country. 9. “Professional Empowerment Program,” Honoring Contributions in the Governance of American Indian Nations 2005 High Honors, accessed June 9, 2014, http:// www.hpaied.org/images/resources/publibrary/Professional%20Empowerment%20 Program.pdf. 10. Educator Licensure, Montana Office of Public Instruction, accessed June 9, 2014, http://opi.mt.gov/Cert/Index.html.

chapter two

Designing and Modeling of a Tribal Nonprofit Fort Peck Tribes of Montana, 2010 Emily Longenecker and Katherine Warren

This chapter explores options for designing a tribal nonprofit organization in collaboration with the Fort Peck Assiniboine and Sioux Tribes. The chapter begins with an introduction to the Fort Peck Tribes, its vision for the future, and past challenges in securing resources for tribal programs. The rest of the introduction explores different paths available to the Tribes for the incorporation and establishment of a tribal nonprofit organization. Following the introduction, the chapter focuses on the differences, advantages, and challenges of the incorporation options. The first option is incorporating under Section 501(c)(3) of the Internal Revenue Service code, under the state government. In contrast, the second option is incorporating under Section 7871, under the tribal government. Both of these avenues are open to the Fort Peck Tribes. The research next looks at successful tribal nonprofits and their experiences. Research on tribal nonprofit organizations yielded best practices in regards to incorporation status, mission statement formation, funding, and governance. These best practices are presented with discussion and research of how they can be applied to Fort Peck. The chapter concludes with a discussion on presented information and recommendations for the next steps in this process. Building upon previous visioning work done within the community, Fort Peck could take these actions toward the design and establishment of a sustainable nonprofit that would best fit the Fort Peck Tribes and communities.

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History and Status of the Fort Peck Tribes The Assiniboine and Sioux Tribes live under one tribal government on the Fort Peck Indian Reservation in northeastern Montana. Situated primarily in Roosevelt County, the reservation is bordered by the Porcupine Creek on the west, the Missouri River on the south, and the Big Muddy Creek on the east. The Roosevelt County seat, Wolf Point, and the tribal headquarters in Poplar, lie along the southern border and form the largest towns on the reservation.1

Population Established in 1871, the reservation encompasses approximately 940,000 acres, 400,000 of which are tribally owned. The Dawes Act of 1887 authorized the division of Fort Peck Indian Reservation into parcels that were individually distributed through the Allotment Act of 1908. In the early twentieth century, more than one million acres of the remaining lands were either sold to railroad interests or made available to non-­Native homesteaders. The remaining lands held in trust are home to an estimated 6,500 citizens with approximately 3,900 citizens living off-­reservation. In the past decade, the enrolled population has increased by about 1 percent per year.

Economy The reservation economy relies largely on the agriculture industry, though manufacturing and mining have provided alternatives for the Tribes. Throughout their history, the Tribes have invested in oil and gas fields and agricultural farming. On the reservation, the tribal government is the largest employer, followed by the Fort Peck Community College, the Bureau of Indian Affairs (BIA), and the Indian Health Service. Though the Tribes created a commission to assess economic development possibilities, the manufacturing, casino, and transportation models have yet to be implemented.2 According to a labor report released by the Bureau of Indian Affairs in 2001, the unemployment rate is approximately 63 percent for the 5,000-­person labor force.3

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Education The reservation contains five public school districts, a Head Start program, and Fort Peck Community College. The tribal government also provides scholarships for on-­and off-­reservation post–high school education. As of the 2000 census, almost 81 percent of tribal citizens possessed a high school degree or higher. This statistic drops to about 15 percent of citizens who have a bachelor’s degree or higher.4

Government In 1927, the Fort Peck Tribes wrote and adopted their first written constitution, establishing a representative form of government. The government consists of a general council made up of eligible voters. The tribal executive board (also referred to as the tribal council), consisting of a chairperson, vice-­chairperson, secretary-­accountant, sergeant-­at-­arms, and twelve voting members, governs the nation. Each council member serves a two-­ year term.5

Health Care The Tribes currently contract their health care services from the Indian Health Service. The facilities include the Verne E. Gibbs Health Center in Poplar, the Chief Redstone Clinic in Wolf Point, and a reservation-­wide ambulatory service. The tribal health department also offers wellness, community health, mental health, dental, and eye care services.6

Journey Toward a Healthy Community A task force and partnership between the tribal government and the residents—Native and non-­Native—of the Fort Peck Reservation formed in early 2007 to begin a new project, named “Journey Toward a Healthy Community.” The coalition generated ideas about what Fort Peck would look like as a “healthy community.” Strategists then generated a six-­phase process to accomplish some of the proposed visions. The task force brought together tribal council members, community youth, and reservation residents to draft benchmarks for success. These representations took both prose and visual forms.

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Vision Statement The vision statement was, “All people on the Fort Peck Reservation regardless of race, creed, or socioeconomic status are entitled to a safe community and a healthy community.” In turn, the task force identified four areas for development: (a) education and youth activities; (b) economy and jobs; (c) law, order, and justice; and (d) health, welfare, and social services. These areas were modeled in a circular and interconnected diagram seen in Figure 2.1.

Figure 2.1.  Journey Towards a Healthy Community Development Areas.

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Fort Peck Elder Values In 2007, as a part of the Journey Toward a Healthy Community project, the Tribes’ Wellness Office interviewed elders about traditional and contemporary values that informed the Fort Peck community in the past and present. Tribal leaders and task force participants thought that these values would be of importance in the nonprofit mission and vision statement development process.7

Problem Even though they had dedicated community members and leaders, the Fort Peck Tribes lacked a diverse funding stream through which to finance their many proposed community development projects. The annual budget of the tribal council limits the community’s capacity to take on new development projects.8 In particular, the Wellness and Health Promotion Disease Prevention Programs struggled to secure funding, even as they applied to several private foundations for project grants. Private funding organizations, including the Walmart Foundation, refused the applications because the tribal entity, the Wellness Program, lacked nonprofit status. Though any federally recognized tribe has federal tax-­exempt status under Section 7871 of the Internal Revenue Code, this designation as applied to tribal governments was either unknown to or insufficient for the foundations the Tribes approached. In order to successfully access various funding sources, tribal leadership and citizens began to examine new organizational structures for resource cultivation in the fall of 2009.

Memorandum of Understanding The Fort Peck Tribes and Indian Health Service Wellness Program contacted the Harvard University Native American Program for student assistance in designing and modeling a tribal nonprofit. After conversations with tribal and program leaders, the following goals were agreed to in a memorandum of understanding: •• Non­profit mission statement. Students will identify examples from other tribal nonprofit organizations and consult with the Tribes about its priorities and goals in this endeavor. Students will examine

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•• ••

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models of nonprofits with specific and general focuses. This will facilitate a discussion on the focus of Fort Peck’s nonprofit. Models of governance. Students will assess models and structures of governance from other tribal nonprofits and present these to the Tribes. Specifically, students will research the roles and responsibilities of boards of directors in tribal nonprofits. 501(c)(3) application. Students will determine the necessary steps and qualifications involved in this process and assist the Tribes as they complete this application. Resource identification. Under the tribal council’s guidance, students will research available private funding and other resources for tribal nonprofits. They will complete a summary of benefits and setbacks of each possibility. Cultural match. Students will present comparative data, alternatives, and models for each of these steps so that the Tribes may build their nonprofit to be economically, socially, and culturally coherent for their nation.

Each of these items will be addressed, along with a set of possible next steps in the incorporation and visioning processes.

Methods No singular path to establishing a tribal nonprofit exists both structurally and as one that is a cultural match for the Tribes. The methods used in this report reflect both an acknowledgment of the breadth of options available to the Fort Peck Tribes as well as consideration of their particular history and challenges. The research methodology allows for a successful presentation of tribal nonprofit models and paths for incorporation that Fort Peck may choose to pursue in the future.

Tax Status Options for Tribal Nonprofits Tribal nonprofits have the option of incorporating under state governments as a tax-­exempt entity under Section 501(c)(3) of the Internal Revenue Service (IRS) tax code or under tribal governments under Section 7871 of the IRS tax code. The tax status options were researched through conversations with tribal tax law specialists, guides to Section 7871 interpretation

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and use, and previous reports and case studies written about incorporation under Section 7871. Previous reports and research conducted by the First Nations Development Institute and the Harvard University Native American Program also generated information on tax status options and tribal philanthropy.

Successful Tribal Nonprofit Examples Currently, there are a number of tribal nonprofits incorporated under both Section 501(c)(3) and Section 7871. Research of successful nonprofit models yielded information about best practices for incorporation, governance, and mission statement and vision development. The models were primarily identified through records from the Honoring Nations Program at the Harvard Project on American Indian Economic Development and the First Nation Development Institute, with a particular focus on tribes in the Great Plains region. The researchers conducted interviews with staff members of the Hopi Education Endowment Fund and the National Indian Youth Leadership Program to give additional insight into the workings of each organization.

Funding Options Funding largely determines the effectiveness of a nonprofit organization and its ability to achieve proposed objectives. Research was done to identify funding sources, including specific information on corporate and charitable foundations. The researchers evaluated funding options through a review of published works from the First Nations Development Institute. Then, forty-­two foundations were examined, identifying the types of organizations they fund (501(c)(3) or 7871 designations), their funding priorities, and their application processes.

Site Visit During a site visit to the Fort Peck Reservation, the researchers spent time learning about the history, achievements, and challenges of the Tribes. In particular, information was shared about past attempts to gain outside

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funding for tribal programs, the Tribes’ plans for a nonprofit organization, and the steps that had been accomplished. The site visit served to focus and conceptualize the research to be of the most use to the Fort Peck Tribes.

Findings This report presents options that Fort Peck may pursue in the process of creating a nonprofit organization. The findings present the advantages and challenges of both incorporation statuses, Section 501(c)(3) and Section 7871. The findings also describe how other tribal nonprofits are governed based on their tax-­exempt status. The report extracts best practices from the presented models. Funding research yielded information on the best ways to apply for and obtain resources. These findings lead to a broader discussion of next steps for the Fort Peck Tribes.

Incorporation Options Purpose of Incorporation The development of tribal nonprofit organizations is of particular importance in the pursuit of financial and structural sovereignty. Tribal nonprofits, when well structured, provide a unique opportunity for a tribe to solicit funding for its own projects and identified priorities. Through this new funding channel, tribes have access to a level of financial independence usually constricted by federal and state regulations.

Types of Corporations Before creating a nonprofit entity, an organization must distinguish between nonprofit status and tax-­exempt status. Primarily, the organization must apply for nonprofit status at the state or tribal level. Tribes can choose to incorporate as a 501(c)(3) under the state or as a 7871 political subdivision under tribal bylaws. Here lies the decision. Once this nonprofit status is received, the nonprofit can then apply for tax-­exempt status at the United States federal level. This section will explore these two options, including (a) their similarities and differences, (b) their advantages and challenges, (c) the current status of tribal 7871 organizations, and (d) the application processes for incorporation.

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Section 501(c)(3) The 501(c)(3) section of the Internal Revenue Code requires that: •• The organization is operated exclusively for exempt purposes; •• No earnings may inure to any private shareholder or individual; and •• The organization is not an action organization, meaning it cannot influence legislation or campaigns.9

Section 7871 Alternatively, a tribal nonprofit may incorporate under the Indian Tribal Government Tax Status Act. This Act treats tribal governments as state governments for certain tax purposes. Only “political subdivisions” for which a nonprofit qualifies can receive tax-­deductible donations under this status.10 The most important distinctions between these two nonprofit statuses are summarized in the following figures.

Figure 2.2.  Distinctions Between 501(c)(3) and 7871.

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Figure 2.3.  Advantages of 501(c)(3) and 7871.

Figure 2.4.  Challenges of 501(c)(3) and 7871.

Current Status of 7871 Organizations Of the approximately 600 tribal organizations eligible for 7871 status, including the 560 federally recognized tribes, only 20 actively fundraise through this nonprofit designation. This subset shows a great diversity of mission and structure (see further discussion that follows). However,

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sovereignty is the leading factor in the decision of these tribal nonprofits to incorporate under Section 7871. Other organizations cited a difficult political environment that may put them at odds with the state government.11

Best Practices for 7871 Organizations In a study from the First Nations Development Institute about current tribal nonprofits functioning under Section 7871,12 interviewees identified best practices for groups to reassure donors of the legitimacy and effectiveness of their nonprofit organizations. The following recommendations emerged from this research: 1. Make annual audited financial statements for the nonprofit available to all current and potential donors in order to provide financial transparency. 2. Acknowledge all gifts in writing to demonstrate accountability to donors. 3. Explicitly include provisions for protection of donor’s gifts when creating the nonprofit bylaws under tribal law. 4. Explicitly restrict the use of donations for lobbying or political campaign activity in the organization’s bylaws. Together, those interviewed for the study agreed that 7871 organizations would benefit from such standards of effectiveness, transparency, and professionalism.

Application Processes Though federal tax-­exemption status requires fairly extensive paperwork and bureaucratic exchange, for both nonprofit status options, certain distinctions exist between 501(c)(3) and 7871 incorporation. Figure 2.5 summarizes these differences. Particular state requirements are subject to change. The Fort Peck Tribes should consult legal counsel in the state of Montana before proceeding.

Private Letter Ruling Subchapter A of Chapter 42 of the Internal Revenue Code (Sections 4940–48) imposes an excise tax on foundations that fail to make sufficient “qualifying distributions.” To replace the 501(c)(3) letter of tax exemption,

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Figure 2.5.  Incorporation Processes for 501(c)(3) and 7871.

tribal nonprofits may file for a private letter ruling. This is an informal response or ruling, sometimes called a General Information Letter, that qualifies an organization as a political subdivision of the tribal government. Past precedents for such rulings include different government buildings, towns, and nonprofit boards of directors.13

Tribal Nonprofit Examples The research of successful nonprofit models produced knowledge of best practices for tribal philanthropy. Some of the models present contradicting practices; however, the practices are effective for their specific organizations and should be considered as options for Fort Peck. hopi education endowment fund (heef).  The Hopi Education Endowment Fund (HEEF) was incorporated as a tax-­exempt organization in 2000 under Section 7871. The Fund was set up as a way to provide funding for education activities of the Hopi Tribe, including financial assistance for Hopi students, education research, and educational programs. It has a focused mission statement of, “Cultivating and nurturing the future of our Hopi people through education by growing and safeguarding a perpetual source of funding.” The tribe made the initial gift to the

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endowment of ten million dollars, a showing of the tribe’s commitment to the organization and its future. This initial ten million dollars, and additional gifts, remain as the principal for the endowment and any earned income is used to support the organization’s activities.14 HEEF incorporated by passing a tribal ordinance that established the organization. It obtained an Internal Revenue Service letter confirming their tax-­exempt status as a legal entity under the Hopi Tribe. In an interview with HEEF’s Resource Development Manager, it was shared that they always include this letter with funding requests in an effort to educate donors about the Foundation’s 7871 status. HEEF also provides significant information on its website, educating the public about its status and what it means for donors. Educational materials also confirm that all gifts to the Foundation are tax-­exempt. The Harvard Project on American Indian Economic Development’s good governance awards program, Honoring Nations, awarded HEEF with High Honors in 2006. laguna education foundation.  The Laguna Education Foundation (LEF) was established with a focused mission statement to support educational plans and activities that fall outside of the scope of what is already funded by state and federal resources. In 1995, the Foundation incorporated under Section 7871. However, it found that the status was unfamiliar to donors and they did not know what it meant. In 1998, they applied for tax-­exempt status as a 501(c)(3) organization. Currently, the organization has many diverse revenue streams, and the Executive Director has said that fundraising and reaching out to donors has been easier under the 501(c)(3) status.15 The 501(c)(3) incorporation status can be used to attract more donors, provide institutional flexibility, and help establish sustained resources despite initial funding difficulties. national indian youth leadership program.  The National Indian Youth Leadership Program (NIYLP) began in 1983 to fund work and activities that were missing in the non-­Native public school curriculum. NIYLP incorporated under 501(c)(3), as there were not many other options at that time for incorporation. NIYLP’s mission is “to nurture the potential of Native youth to be contributors to a more positive world through adventure-­based learning and service to family, community, and nature.”16 Their mission statement is very specific and is a critical part of the organization. It ensures that everyone knows the organization’s purpose, especially as it grows and more people become involved. Initially, NIYLP encountered some problems obtaining funding. However, the number of tribal organizations and general awareness has increased dramatically today. A

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clear mission statement, that is refined periodically to reflect updated objectives and goals, can provide critical focus that ensures an organization will stay on course, especially as it seeks funding from outside entities. forest county potawatomi community foundation.  The Forest County Potawatomi Community Foundation exists to fight poverty, promote economic opportunities, strengthen communities, and provide an example of responsible citizenship. This organization demonstrates how to be effective with a broad mission statement, which allows it to carry out a wide variety of activities and support many different organizations. As a granting organization, it supports other organizations that serve low-­income communities.17 A broad mission statement is needed to support broader activities and organizations. Establishing a grant-­making foundation is an effective strategy to finance many projects and/or groups.

Vision and Mission Statement Development Almost all nonprofit organizations begin the development process with a series of visioning conversations. Usually, this work results in a broad vision statement and a more specific mission statement. Both serve to focus the organization’s efforts and help identify the services that the nonprofit will provide.18 vision statement.  A vision statement is future oriented. It usually encompasses the social, economic, political, and cultural climate of the community. It is the “big picture” of what the nonprofit aims to accomplish. Additionally, the vision statement provides the reasoning behind this proposed action and the communities to be served. It must include the ideals and philosophy of those developing the organization, as well as the people that the organization will serve.19 Some important questions to ask during the visioning process include:20 •• •• •• •• •• •• ••

What do you want the community or reservation to be like? What is most important to community members? What are the problems people are concerned about? What will the organization do about the problems? What are your goals and objectives? What is the action plan? Short-­term? Long-­term? Resources?

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The following example is NIYLP’s vision statement: “NIYLP envisions a world with generations of healthy, capable, caring, resilient native youth who contribute to their groups, families, communities and nations. NIYLP strives to be at the forefront of the national youth development movement as leaders, mentors, and learners in native communities.”21 mission statement.  Based on initial visioning conversations, organizations can then develop the full mission statement. This consists of a short statement that outlines the purpose of the organization. This is the “who, what, when, where, and why” of the organization’s foundation. It defines the action that the organization will do to benefit the tribe. Because of the dynamic nature of organizations, the board of directors and staff should periodically review the mission statement as an entity develops.22 The following example is NIYLP’s mission statement: “NIYLP’s mission is to nurture the potential of native youth to be contributors to a more positive world through adventure-­based learning and service to family, community, and nature.”23 broad versus focused mission statements.  A tribal nonprofit can choose to focus on one specific issue with its community (such as youth violence, education, or language revitalization) or to target a broader spectrum of issues (such as wellness or community). Examples of both appear in the case studies included in this report. A more specific focus might be more appealing to donors that have a specific funding area; however, a broader focus may allow the tribe to approach more funding sources for its projects.24

Assets-­Based Development As these foundational conversations around vision and mission statements are occurring, another point of interest is to identify resources that the community currently possesses and those that it will need. For example, if a tribe has a large population of graphic designers who can create publications and advertisements for the organization, this would be included in current resources. If the tribe has a dearth of networking connections and business partnerships, this would be listed as a resource to develop. Possible categories for such an analysis include: •• People: creativity, energy, intellect, skills, experience, and labor •• Financial Resources: grants, loans, cash, fees, investments, interest, and receivables

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•• Materials: equipment and technology, office space and facilities, supplies, and services •• Natural Resources •• Information: networks, history, archives, experience, education, and training •• Culture and Tradition

Governance Certain aspects of tribal business and nonprofit governance have proven to be more economically successful.25 Perhaps the most important is the establishment of a formal relationship between the tribal council and the nonprofit’s board of directors. The board of directors, as established by the organization’s bylaws, manages the nonprofit and is not a political entity. This includes establishing a number of rules and regulations that benefit the internal function of the nonprofit and provide financial legitimacy in the eyes of donors. This process is supplemented by the adoption of regular auditing and reporting procedures as well. An organization fares well if it establishes accountability (a) within the organization, (b) with the public and its donors, and (c) with its community and community objectives.26 Further specifications for the board of directors would establish: •• •• •• ••

Clear roles, independent of the tribal council; How donations will be spent; Who can hire and fire staff; and What is public information (i.e., included in financial statements).

Funding Principles Nonprofit organizations need donations and resources to operate. However, procuring these resources can be challenging. The First Nations Development Institute has identified four principles of fundraising:27 •• •• •• ••

People give to people; Know why people give; Fundraising is a long-­term process; and A diverse funding base is essential.

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These principles convey the importance of having a fundraising strategy—knowing whom you are targeting as donors, why they give to organizations, and why they should support you. In the context of these principles, it is important to position your organization in a way that shows that it is filling a needed role in the community and successfully doing the work. A good way to frame donations is not as charity, but rather as an investment in the community.28

Letters and Mailings Letters and mailings are popular ways of fundraising that connect the organization to individual donors. The Hopi Education Endowment Fund has said that it is most successful raising money with individual donors.29 Letters and mailings are an effective way to reach a large number of people. Best practices to consider when implementing a letter or mailing campaign include the following:30 •• •• •• ••

Begin with family and friends of the organization; Be strategic about whom you contact; Track your mailing list; Effective letters are more often emotional appeals that reflect on solutions to a problem and the need to implement these solutions.

Events Events should be used as vehicles to create awareness of the organization and to raise money. “For the amount of time they take, special events can be an inefficient way to raise money, but they are the most efficient way (short of a media campaign) to get public attention.”31

Private Foundations and Corporations Private foundations and corporations are another source of grant money to support organizations and their activities. Each foundation or corporation has different priorities guiding their grant making, requirements for the types of organizations they fund, and procedures for applications. Of the forty-­two organizations reviewed, only eight specifically accepted applications from federally recognized tribes or other tax-­exempt entities.

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The other organizations either did not specify the status or required applicants to have a 501(c)(3) designation. This granting restriction could be part of the foundation’s bylaws, making it difficult for the applicant to get around having 501(c)(3) status. Also, of the forty-­two foundations and corporations reviewed, only five have Native American communities as funding priorities. Applying to a private foundation or corporation usually requires the following steps: •• Look at funding priorities; •• Research the process for sending funding requests; •• Send a letter of inquiry: an introduction to the organization and how it aligns with the priorities of the foundation or corporation; and •• If the organization is interested, they will respond to the letter of inquiry with an invitation to submit a proposal.

Discussion Ultimately, the presented research is a testament to the myriad of possible approaches to designing and sustaining a tribal nonprofit organization. Even within the 501(c)(3) and 7871 incorporation statuses, the models exhibit a variety of organizational purposes, governance structures, and fundraising strategies. Primarily, establishing a sound governing structure can facilitate organizational growth within a nonprofit and provide the necessary stability to support robust fundraising efforts. The combination of good governance and good funding will mutually work to ensure that the nonprofit is both successful and sustainable. Perhaps the most important theme to emerge from the case studies and research is the need for community buy-­in and support. The Fort Peck Tribes have already begun the difficult process of identifying community needs and goals for development. In the work ahead, it will be important to stay true to those identified values and benchmarks. No matter what model Fort Peck chooses to pursue, the creation of a tribal nonprofit organization will provide an excellent opportunity for the community to fund its own programs in ways that it chooses. Ultimately, this allows the tribal government a sovereign choice in shaping its home in the way that it sees fit.

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Recommendations: Next Steps Engaging Stakeholders In moving forward with the creation of a nonprofit organization, the Fort Peck Tribes must first ask some key questions: what should the nonprofit work on, how should it be structured, and what role should it have on and off the reservation. For the Hopi Education Endowment Fund, the key step to moving from an idea to the initial phases of incorporation was bringing the tribal council together with members of the community. By engaging stakeholders and agreeing on the importance of the organization to the future of the Hopi Tribe, HEEF was able to get a legislative ordinance passed to support its 7871 status while also securing a ten million dollar investment from the tribal government. A similar strategy that brings Fort Peck stakeholders together to develop and align the nonprofit with the Tribes’ needs and goals might be an important first step.

Seek Legal Counsel Incorporation and the initial steps of developing a nonprofit require legal advice, ensuring that the necessary documents are filed in the proper order. Legal council could also assist in researching and developing a model of governance for the organization that will support transparency and culturally match the Fort Peck Tribes. As previously discussed, both of these aspects will better ensure the sustainability of the organization.

Incorporate as a Nonprofit The Fort Peck Tribes will need to examine the advantages and challenges of incorporating under Section 501(c)(3) and Section 7871. Then it will need to decide which option best fits the Tribes’ needs, carefully weighing the differences in terms of sovereignty and fundraising.

Network and Make Connections Moving forward, the Fort Peck Tribes should continue to develop their network and increase the visibility of their work. Connections in government, nonprofit, and/or corporate arenas can help the Tribes locate both human and financial resources. They also provide an opportunity to better understand funding strategies of potential donors. There are many stages

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before the organization is well established, but these steps should be a part of what is needed to bring it into reality.

Notes 1. Veronica E. Velarde Tiller, Tiller’s Guide to Indian Country: Economic Profiles of American Indian Reservations (Albuquerque, NM: Bow Arrow Publishing Co., 2006), 664–67. 2. Ibid. 3. Bureau of Indian Affairs, Indian Population and Labor Force Report (U.S. Department of the Interior, 2001). 4. Tiller, Tiller’s Guide to Indian Country, 664–67. 5. Ibid. 6. Ibid. 7. Kenneth Smoker (Fort Peck Tribes Wellness Program), in discussion with the authors, in 2010. 8. Ibid. 9. J. Deckinger, “Overcoming Barriers: What Tribes and Tribal Organizations Need to Know About Tax Regulation, Tribal Law, and How Both Can Support the Successful Creation and Fundraising Efforts of Native Non-­profit Organizations” (Nation Building II report, Harvard University, 2008). 10. Ibid. 11. First Nations Development Institute, Options for Designing Your Tribal Philanthropic Program (Longmont, CO, 2009), accessed March 2, 2012, http://firstnations .org/book/export/html/72. 12. Ibid. 13. Ibid. 14. Hopi Education Endowment Fund, accessed May 5, 2010, http://www.hopi educationfund.org. 15. First Nations Development Institute, Options for Designing Your Tribal Philanthropic Program. 16. National Indian Youth Leadership Project, accessed May 5, 2010, http://www .niylp.org. 17. Forest County Potawatomi Foundation, accessed May 5, 2010, http://www.fc potawatomifoundation.com. 18. First Nations Development Institute, Capitalization Strategies for Community-­ Based Nonprofit Organizations (Fredericksburg, VA: First Nations Development Institute, 1997). 19. Ibid. 20. Ibid. 21. National Indian Youth Leadership Project. 22. First Nations, Capitalization Strategies. 23. National Indian Youth Leadership Project. 24. First Nations, Capitalization Strategies.

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25. Miriam Jorgensen, ed., Rebuilding Native Nations: Strategies for Governance and Development (University of Arizona Press, 2007). 26. Ibid. 27. First Nations, Capitalization Strategies. 28. Ibid. 29. Vernon Kahe (Hopi Education Endowment Fund), in discussion with the authors in 2010. 30. Ibid. 31. Ibid.

part two

Health and Social Welfare

Introduction to Projects on Tribal Health and Social Welfare The survival of Native nations and their respective communities is intrinsically linked to the health and well-­being of their peoples. Healthy communities are able to address problematic social determinants such as poverty, loss of culture, high unemployment, educational disparities, and the disintegration of traditional social support systems that protect the wellness of its tribal members. Before colonization, American Indians, by all anecdotal accounts and emerging scholarly work, were healthier and better nourished than their European colonizers.1 Following European contact, the health of American Indians and Alaska Natives (AI/AN) began to take a radically different trajectory as tribal social infrastructure was increasingly undermined and disassembled. At our current historical juncture, Natives have the highest disparities in health outcomes of any racial or ethnic group in the United States. Post-­colonial relations with the federal government have led to numerous treaties, negotiations, and agreements that ceded land for certain services to be provided in “trust” as compensation. Among the services placed in trust are provisions for health care in what some have cited as “the first prepaid health insurance plan” in the United States. While previously administrated by the War Department (prior to 1849) and the Bureau of Indian Affairs (until 1955), today, these services fall under the Indian Health Service.2 Of current concern is the alarming fact that the per capita funding for Indian Health Service is approximately one-­half of what is spent by public and private insurers.3 But there are policy improvements being made, such as the Indian Health Care Improvement Act of 1976. This act 57

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allows Native nations to manage their own health provisions using money allocated for the Indian Health Service. Increasingly, many tribes have influenced their own wellness through the expression of self-­determination and creatively attacking their own problems. Some tribes have sought out the Harvard University Native American Program’s course, NBII, to help identify ways to address their health care challenges. Two such projects will be presented in this next section. Building on these principles of self-­determination, the first project, Tribal Regulation of Genetic Research, was initiated by the One Sky Center at the Oregon Health and Science University. Students Eric L. Brennan and Ganesa Curley, together with Michele J. Singer, Douglas Bige­low, PhD, and R. Dale Walker, MD, from One Sky Center, conducted the project. One Sky Center is one of the few academic health care centers dedicated to American Indian and Alaska Native issues, and is staffed and led largely by Native professionals. It consults with Native communities throughout the United States and is often turned to for advice on dealing with cultural and scientific issues related to Native peoples. In recent years, research on deoxyribonucleic acid (DNA) has become the scientific Holy Grail for unlocking the secrets of the human genome. It has expanded our understanding of the inherited characteristics of diseases and informed the development of cures, improving well-­being and increasing life expectancy. However, the technology that permits scientists to decipher the vast human genome and the race to do so seem to have out-­paced the ability of some communities to adapt to this new environment. Often, these same communities lack the regulatory processes necessary to prevent abuses and exploitation. The DNA of indigenous peoples, in particular, has been used to study historical migration patterns, identify genetic linkages to diseases, develop drugs for treatment, and establish tribal lineage. Recent studies have generated controversy within tribal communities because tribal citizens were not fully informed about potential risks or benefits. Tribal citizens do not even know about past exploitations by researchers conducting such studies. Ultimately, these factors undermine the sovereignty and self-­ determination of Native nations participating in such studies. This project evaluates the issues that accompany genetic research in American Indian and Alaska Native tribal communities by: a) creating protocol for researchers that embodies best practices for respectfully conducting studies and preventing harm; b) assessing the current regulatory environment; and c) briefly addressing the potential for establishing genetic research controls and protections under tribal sovereignty.

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The second project, Boys and Girls Clubs in Indian Country: Building Community Connections, examines another aspect of healthy communities, the social agencies that support the well-­being and healthy development of children. In particular, this project explores how a well-­known national institution, The Boys and Girls Clubs of America, could adapt its strengths to fit within the cultural values of the Northern Cheyenne Tribe and ensure viability in the community’s complex political and family structure. Students Holly Zimmerman and Joseph Lekuton undertook this project to help foster the Boys and Girls Club’s relationship with the Northern Cheyenne community. The goal was to outline a framework of alliances necessary to establish trust and continue to provide a safe, valued environment for Northern Cheyenne children. The main challenge was finding a way to preserve the self-­determination of the tribe—upholding its customs, traditions, and values—while incorporating the history and experiences of a national, long-­standing social institution. The resulting model for framing a “PACT” outlines the components necessary for “partnerships, accountability, and creating trust” to evolve. This project highlights the textured complexities faced when applying this model in a Native community.

Notes 1. Charles C. Mann, 1491: New Revelations of the Americas Before Columbus (New York, NY: Random House, 2005). 2. Holly T. Kuschell-­Haworth, “Jumping Through Hoops: Traditional Healers and the Health Care Improvement Act,” DePaul Journal of Health Care Law (Summer 1999): 853–60. 3. U.S. Commission on Civil Rights, A Quiet Crisis: Federal Funding and Unmet Needs in Indian Country (Washington, D.C.: July 2003).

Related Readings on Indian Health “Best Practices in American Indian & Alaska Native Public Health.” Tribal Epidemiology Centers, 2013. Accessed July 24, 2014. http://www.usetinc.org/wp-­content/up loads/Pdf_Documents/THPS/TEC%20Best%20Practices%20Book%202013.pdf. Duran, Eduardo, and Bonnie Duran. Native American Postcolonial Psychology. Albany: State University of New York Press, 1995. “Healthy Indian Country Initiative Promising Prevention Practices Resource Guide: Promoting Innovative Tribal Prevention Programs.” National Indian Health Board, November 2009. Accessed July 24, 2014. http://www.nihb.org/docs/04072010/2398 _NIHB%20HICI%20Book_web.pdf.

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Hodge, Felicia S. “No Meaningful Apology for American Indian Unethical Research Abuses.” Ethics & Behavior 22, no. 6 (2012): 431–44. “Indian Health Manual.” U.S. Department of Health and Human Services Indian Health Service. Accessed July 24, 2014. http://www.ihs.gov/aboutihs/indianhealth manual/. “Indigenous Populations: Health and Social Care: A Routledge Health and Social Care Arena Collection.” Accessed July 24, 2014. http://explore.tandfonline.com /page/beh/indigenous-­populations-­health/. One Sky: The American Indian/Alaska Native National Resource Center for Health, Education and Research. Accessed July 24, 2014. http://www.oneskycenter.org. Rhoades, Everett R., ed. American Indian Health: Innovations in Health Care, Promotion, and Policy. Baltimore: The Johns Hopkins University Press, 2000. Saini, Michael, and Ashley Quinn. “A Systematic Review of Randomized Controlled Trials of Health Related Issues Within an Aboriginal Context.” Prince George, BC: National Collaborating Centre for Aboriginal Health, 2013. Accessed July 24, 2014. http://www.nccah-­ccnsa.ca/Publications/Lists/Publications/Attachments/94 /RCT_EN_web.pdf. Straits, Kee J. E., Doreen M. Bird, Eugene Tsinajinnie, Judith Espinoza, Jessica Goodkind, Ophelia Spencer, Nadine Tafoya, Catie Willging, and the Guiding Principles Workgroup. “Guiding Principles for Engaging in Research with Native American Communities.” UNM Department of Psychiatry Center for Rural and Community Behavioral Health & Albuquerque Area Southwest Tribal Epidemiology Center, 2012. Accessed July 24, 2014. http://hsc.unm.edu/vision2020/common/docs /Guiding_Principles_Research_Native_Communities2012.pdf. Trickett, Edison J., Sara Beehler, Charles Deutsch, Lawrence W. Green, Penelope Hawe, Kenneth McLeroy, Robin Lin Miller, Bruce D. Rapkin, Jean J. Schensul, Amy Schulz, and Joseph E. Trimble. “Advancing the Science of Community-­Level Interventions.” American Journal of Public Health 101, no. 8 (2011): 1410–19. Accessed July 24, 2014. http://ajph.aphapublications.org/doi/abs/10.2105/AJPH.2010 .300113. Trimble, Joseph E., Jeff King, Teresa D. LaFromboise, Dolores Subia BigFoot, and Dennis Norman. “American Indian and Alaska Native Mental Health Perspectives.” In Massachusetts General Hospital Textbook on Cultural Sensitivity in Mental Health, edited by Ranna Parekh, 119–38. New York: Springer Science+Business Media, 2013. “ ‘Walk Softly and Listen Carefully’: Building Research Relationships with Tribal Communities.” NCAI Policy Research Center and Montana State University’s Center for Native Health Partnerships, 2012. Accessed July 24, 2014. http://www.ncai.org /attachments/PolicyPaper_SpMCHTcjxRRjMEjDnPmesENPzjHTwhOlOWxl WOIWdSrykJuQggG_NCAI-­WalkSoftly.pdf. Warne, D., and Linda Bane Frizzell. “American Indian Health Policy: Historical Trends and Contemporary Issues.” American Journal of Public Health 104, no. 3 (2014): S263–S267. Accessed July 24, 2014. doi: 10.2105/AJPH.2013.301682. Winkelman, Michael. Culture and Health: Applying Medical Anthropology. San Francisco: Jossey-­Bass, 2009.

chapter three

Tribal Regulation of Genetic Research One Sky Center, 2007 Eric L. Brennan and Ganesa Curley

Unlocking the secrets of the human genome and understanding the inherited characteristics of disease can lead to the development of cures, improving well-­being and increasing life expectancy. However, the technology that permits scientists to decipher the vast human genome and the race to do so seems to have out-­paced the ability of some communities to adapt to this new environment. Often, these same communities lack the regulatory processes necessary to prevent abuses and exploitation. This project was conducted jointly with One Sky Center, a national resource center for American Indians and Alaska Natives (AI/AN) in Portland, Oregon. The purpose of this project is to: a) evaluate the issues that accompany genetic research in AI/AN tribal communities; b) create a protocol for researchers that embodies best practices for respectfully conducting studies in AI/AN communities and preventing harm to them; c) assess the current regulatory environment; and d) briefly address the potential for establishing genetic research controls and protections under tribal law.

Background Biomedical research holds great promise for all people, particularly AI/ AN communities where experiences of illness and chronic disease are higher than for the rest of the American population and life expectancy is

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much lower. “American Indians and Alaska Natives born today have a life expectancy that is 4.2 years less than the U.S. all races population (73.5 years to 77.7 years respectively; 2005–2007 rates).”1 Unfortunately, the history of biomedical research among AI/AN people is fraught with issues and concerns.2 While some tribal leaders and their communities may be decidedly against any kind of genetic research on their people, others (especially those in the field of health care and science) argue for the potential health benefits that may accrue as a result of research on areas such as genetically linked diseases among American Indians and Alaska Natives. Still others observe the extensive exploitation of indigenous peoples and the “long history of researchers from many disciplines using Native peoples as objects of study with no intention of benefiting the study subjects.”3 There is a clear need for researchers to attune their methods and protocols to the unique cultural, political, and religious characteristics of tribal communities and to collaboratively engage with those communities in genetic research that is more likely to have real benefit to the research subjects and their tribes. Concerns about the ownership, handling, and treatment of biological materials now extend to protect AI/AN genetic material and the rights of the tribes. However, there is the potential for exploitation of Indian genetic material by academics, the U.S. government, and private businesses.4 Also at issue is the development and use of DNA libraries as a means of determining tribal lineage, and the concern that such data might be inappropriately used to discriminate against some AI/AN people. Some tribal citizens are also concerned about transgenic experimentation in which human genes may be inserted into the DNA of animals and plants—experimentation contrary to some cultural and ethical principles. Over the past few years, a number of American Indian tribes, particularly those in the western United States, have become actively engaged in regulating research among their people living on reservation. Additionally, over the past decade the Indian Health Service (IHS) has increased its regulation and oversight of such research in Indian Country. Along the way, some concerned tribal leaders formed the Indigenous Peoples Council on Biocolonialism (IPCB), an expert advocacy group designed “to assist indigenous peoples in the protection of their genetic resources, indigenous knowledge, cultural and human rights from the negative effects of biotechnology.”5 Many tribal communities, because of their small size and relative isolation, are neither well informed nor well equipped to deal with the complexity of genetic research. It is for this reason that One Sky Center

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and HUNAP are seeking a clearer understanding of the issues and the resources available for use in assisting these communities.

The Project Acting as consultants to One Sky Center at the Oregon Health and Science University, the authors prepared this resource on tribal regulation of genetic research for One Sky Center staff, tribal leaders, and researchers to use as a guide for further efforts. While the focus is on genetic research, broader issues and concerns that overlap with other types of research on indigenous peoples are included when appropriate. The content of the report includes: •• A guide to respectfully approaching and including tribal communities, governments, and citizens in the development and implementation of research. •• An assessment of the legal and regulatory basis for institutional review board (IRB) oversight of genetic research on human subjects, Native and non-­Native. •• The role of sovereignty in genetic research in Indian Country. •• An analysis of gaps in the current systems and policies regulating and monitoring genetic research within tribal communities, including recommendations, where possible and appropriate, for additional regulations. The project involved accessing and evaluating pertinent literature; identifying available resources, protocols, and guidelines regarding genetic research; and interviewing knowledgeable individuals and organizations, including: •• •• •• ••

Tribal leaders Legal and technical experts, Native and non-­Native Institutional review boards Individual tribal citizens

This project was not intended to be all-­inclusive. Instead, it focuses on a few salient issues while identifying other areas for further exploration. Hopefully, this will be the first of several projects by HUNAP for One Sky Center and others.

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Viewpoints from the Field It appears, anecdotally, that both the interest in indigenous genetic research and the potential for exploitation are greatest with the tribes in the American West and Northern Plains. Those tribes tend to be comprised of citizens who have remained on or near their reservations and are relatively genetically homogeneous.

Tribal Leadership While immediate economic, social, and health care problems facing tribes are often their priority, tribal leaders do express concern about genetic research. One tribal leader observed that even though the subject of genetic research may not be raised specifically, there are discussions about how to protect indigenous knowledge and protect the ownership of biological materials. He noted that tribal leaders are not reluctant to discuss genetic research, but they often lack knowledge or background in the subject. This can lead to situations in which intellectual property rights are not included in medical and other health-­related research. Tribal leaders are particularly cautious when research could impact the cultural foundations or beliefs of their nations. Tribal leaders sense potential cultural harm from genetic research, yet they are aware of its potential benefits and want some assurance of justice, respect, and community benefit from any research that may be undertaken. To address this conflicting reluctance but interest to participate, tribal leaders might consider the following questions during the initial stages of a study: •• How much indigenous information should be shared, and with whom? •• Does the tribal government have the necessary capacity to deal with “biocolonialism?” •• What kind of laws or codes need to be put in place? •• How can sovereignty be exercised to facilitate science as well as protect indigenous knowledge? •• How do you integrate religious and spiritual leaders into research efforts so their perspectives on protecting culture are included in the process? •• How can the tribal community be empowered and included in the formative stages of a research project, allowing them to participate beyond just being research subjects?

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Institutional Review of Genetic Research with Human Subjects Federal law requires all research involving human subjects to be approved by a registered IRB. These protections apply to AI/AN individuals with the added provision that human-subject research conducted in Indian Health Service (IHS) facilities or involving IHS staff or resources must also be subject to review and approval by an IHS IRB—even if the protocol was already approved by a non-­IHS IRB (some projects in Indian Country have two IRB approvals). But there are some loopholes. Allegedly, some research projects slip under the radar of an IHS IRB when they involve Indians living off-­reservation or in urban areas. Some researchers have been known to approach Native peoples through off-­reservation AI/AN social and religious organizations. Currently, there are eleven IHS IRBs (one at IHS headquarters and ten regionally dispersed across the United States) and ten independent tribal IRBs in Indian Country. The double-­approval requirement also applies to the independent tribal IRBs. Central to the IRB approval process is “informed consent,” where human research subjects must be able to read, understand, and sign before they enter into a study or trial. However, IHS IRBs follow a set of guidelines established before the complexities of genetic research in and among tribal communities became an issue. There is some concern that the federal IRB regulations focus on the individual and not the community benefit or harm that may come about, especially the potential long-­range effects of applying the knowledge gained in research. IHS IRBs do require researchers to obtain formal, written consent from the appropriate tribal governments, and this is construed to be a form of group consent, opening the regulatory door to an assessment of potential benefits and harms to a tribal community as a condition for IHS IRB approval. The great concern expressed by tribal and community health leaders, however, is when research falls outside of IHS purview, but still involves AI/AN human subjects (i.e., Native people living in urban areas or tribes that are not federally recognized). The federal guidelines would seem to obviate any notion of assessing the potential benefit or harm to the broader tribal community as part of the approval process. Other IHS IRB issues that are common in Indian Country tend to center on confidentiality and the informed consent process, including: •• AI/AN communities are typically small, making confidentiality problematic when a tribal member is the subject of a research protocol.

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•• Group interviews, when part of the research protocol, can be highly problematic, as many people (Native and non-­Native) do not speak up during group sessions. •• The reservation and/or community health clinic is usually the central location for most research studies, adding to privacy concerns. •• When reservation physicians and nurses are also engaged in the research, coercion can be a potential, unintended consequence.

The Legal Community Inquiries into the legal issues in Indian Country lead to discussions about tribal sovereignty. The right to self-­determination and self-­rule seems to be the gravitational force that pulls tribal communities together. The U.S. Supreme Court holds that tribal sovereignty is inherent, but that it is “dependent sovereignty.” Under this condition, questions of tribal legal power tend to be based on case law typically (but not always) including geographic territory in the course of determining the extent of tribal governmental jurisdiction. AI/AN tribes have unique hurdles related to tribal sovereignty and the myriad aspects of research involving AI/AN subjects on-­and off-­reservation. Adding another layer of complexity, it is unclear what happens if a research protocol moves forward under the auspices of an IHS IRB and formal tribal government approval, but an individual tribal citizen litigates on the basis of a group-­like consent being in violation of the rights of the individual. Another legal issue is the protection of intellectual and other intangible property. AI/AN names, language, ceremonies, images, and stories are not well protected under current U.S. copyright and patent laws. Tribal governments, like state governments, cannot enact their own copyright and patent laws as the U.S. Constitution reserves those rights for the federal government. Tribes might enact their own trademark laws, but those laws would only be enforceable within the boundaries of a reservation. On the other hand, tangible property rights are well protected under U.S. federal law. Tribes can incorporate rights, such as ownership of biological samples and derivatives of those samples, into research agreements that are binding contracts between researchers and AI/AN tribal communities. There are still questions regarding the enforceability of tribal IRB regulations that may differ from or contravene those established by U.S. federal statute. An in-­depth study of existing case law is needed, particularly

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in cases where both researchers and recruited AI/AN subjects are located off-­reservation.

Constructing a Tribal Resource Guide for One Sky Center The authors conducted field interviews in the initial stages of this project to further clarify the goals of the client, One Sky Center. Those discussions refined the following framework for the resource guide: •• Assess current regulations that apply generally to genetic research and specifically with AI/AN tribes, emphasizing how to protect tangible and intangible property rights of both individuals and communities. •• Evaluate current protocols and guidelines in Indian Country that address cultural and community concerns. Review best practices and develop a universal protocol that can be used by both researchers and tribal communities. •• Explore how tribal sovereignty may support genetic research regulation in AI/AN communities and among tribal members, including potential obstacles. •• Identify open issues and areas of inquiry that require further evaluation and study. •• Provide suggestions for further actions.

Regulatory Assessment According to the Institutional Review Board Guidebook, the National Institutes of Health established policies for the protection of human subjects in 1966.6 Those policies became regulations in May 1974 and established institutional review boards (IRBs) as one of the ways to protect human subjects. The National Research Act (Public Law 99–158), passed by Congress in July 1974, established the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. This body established the basic ethics for conducting research involving human subjects and recommended guidelines to ensure that research followed those principles. In 1973, the Commission issued The Belmont Report, which summarized the following ethical principles that are still used today: respect for persons, beneficence, and justice.7 These principles

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focus on protecting the individual research subject from harm, requiring and refining informed consent by the research subject, and systemizing the IRB process. The principles also formed the foundation for subsequent federal laws protecting human research subjects.

Current Law While amendments have tried to improve human research practices, the law still falls short in addressing issues pertaining to Indian Country. The most recent amendment to Public Law 99–158, the Health Research Extension Act of 1985 (HR 2409), established the requirement that any institution requesting and receiving funds from a federal department or agency for research involving human subjects must assure that such research is reviewed and approved by the institution’s IRB.8 The Belmont Report and PL 99–158 also recognize that special protections may be required for individuals especially vulnerable to potential harm, including children, pregnant women, fetuses, and prisoners. Yet, the consideration of issues such as public policy impact, benefits and harms to communities, and group consent are notably absent. The 1985 federal statute for the protection of human subjects in biomedical and behavioral research studies has been implemented through the rules and regulations found in the U.S. Code of Federal Regulations (CFR). These regulations (45 CFR § 46) include specific IRB criteria and apply to all research conducted in the United States, as well as any research conducted outside of the United States but still subject to U.S. federal laws. Federal oversight and compliance monitoring under 45 CFR § 46 is the responsibility of the Office of Human Research Protection (OHRP) within the U.S. Department of Health and Human Services (HHS).

Genetic Research and Regulations There are no laws, rules, or regulations specifically pertaining to genetic research involving human subjects. However, the National Human Genome Research Institute (NHGRI), which is part of the HHS, established best practices and guidelines for genetic researchers that are considered to have quasi-­regulatory weight. NHGRI protections and protocols are based on 45 CFR § 46 IRB regulations and privacy provisions under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The NHGRI Ethical, Legal, and Social Implications (ELSI) Program addresses best practices for utilizing the results of research that could identify

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individuals genetically predisposed to diseases.9 The NHGRI even offered a four-­year program of specialized instruction for AI/AN high school and college students with an expressed interest in genetics, genomics, and genetic research called the Genetic Education for Native Americans Program.10 There are also no federal laws preventing genetic discrimination in either individual insurance coverage or in the workplace, even though several bills have been introduced in Congress over the past ten years.11 Since DNA samples can be held indefinitely, there is the ongoing risk that samples might be used for purposes other than those for which they were originally intended.12 Some protection is afforded to persons who provide genetic materials for research under a presidential executive order from February 2000 that prohibited all federal departments and agencies from using genetic information in any workplace hiring or promotion action. Additional protection against abuse or discrimination on the basis of genetic information is contained in the Americans with Disabilities Act of 1990 under limited interpretations issued by the U.S. Equal Employment Opportunity Commission (EEOC) in 1995, HIPAA National Standards to Protect Patients’ Personal Medical Records Act of 2002, and the antidiscrimination provisions of Title VII of the Civil Rights Act of 1964. These protections are considered limited and new legislation is required in order to secure protection against genetics-­based discrimination.13

Regulations that Apply in Indian Country The Indian Health Service (IHS) is statutorily responsible for the federal health care program for AI/AN tribes that do not select self-­determination for these services under the Indian Self-­Determination and Education Act of 1974 (Public Law 93–638). Again, this responsibility extends to IHS IRB approval of human subject research “conducted in IHS facilities or with IHS staff or resources” including “all research in Tribally managed or Urban facilities.”14 Tribally managed and urban health facilities that engage in research may establish their own IRBs; however, all IRBs (IHS, tribal, or other) must adhere to the provisions of 45 CFR § 46 et seq. and The Belmont Report. Tribally managed and urban health facilities so engaged may also elect to have any research in which they are engaged subjected to the approval of an IHS IRB. What makes IHS IRB approval somewhat unique is that the agency’s regulations require that “[a]ll IHS approved research conducted in facilities serving specific Tribes must first have obtained the formal, written

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approval of the appropriate Tribal government(s).”15 One can conclude that, under this provision, protection of tribes is enhanced as they can establish additional criteria for research approval including an assessment of long-­term community risks, benefits, and potential harm. The IHS IRB checklist for evaluating a research proposal makes special provision regarding the disclosure of “genetic research, and research using blood and other body tissues,” including the following language: “Risks of genetic research include stigmatization, self-­stigmatization, family or community disruption, loss of insurance, discovered misattributed paternity, etc. The protocol must [1] omit identifiers, or [a] inform volunteers of all risks and [b] discard the blood/tissue without testing beyond the protocol; and [2] either not grow perpetual cell lines or report that prospect in consent.”16 Consideration of community values and potentially long-­term implications of research results, then, are embodied in the IHS regulatory language beyond that established in 45 CFR § 46.111(a). IHS has also promulgated specific guidelines for the extension of informed consent related to the secondary uses of biological specimens such as additional testing or for derivatives that might be developed through various means, as the guidance in 45 CFR § 46 is insufficient for purposes of AI/AN tribes and their citizens in that individually anonymous samples still carry general tribal identifiers that can cause community stigmatization and disruption.17 It is important to note, however, that while tribal government approval of a research protocol may be required under IHS IRB rules and regulations, the specific risks and disclosures described above are for the informed consent of the individual AI/AN research subject. In other words, tribal government approval is not necessarily the same as informed group/ community consent—for which there is no regulatory provision in either 45 CFR § 46 or IHS rules and guidelines. Lastly, rights to the ownership of both the tangible and intangible materials (samples, supplies, data, intellectual property, etc.) associated with a research protocol are not within the purview of the IRB—therefore they are not given consideration in the IHS IRB approval process.

1994 Presidential Executive Order By memorandum and subsequent executive order, President Bill Clinton directed all agencies of the federal government to “establish regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications.”18 HHS began

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implementation of the president’s directive in 1997, including a general IHS Tribal Consultation and Participation Policy prepared and implemented that same year.19 One product of this government-­to-­government consultation was the American Indian and Alaska Native Genetics Research Policy Formulation Meeting held in 2001, jointly sponsored by the National Institute of General Medical Sciences (NIGMS) and NHGRI, which included a number of influential AI/AN tribal leaders. A formal report was issued containing recommendations for the IHS, researchers, and AI/AN tribes concerning expanded guidelines and protections in the field of genetic research which, to date, have not been codified.20 Nonetheless, the report and guidelines are available to interested tribes, IRBs, and researchers through IHS.

Intellectual Property Rights and Contract Law Indigenous cultural and intellectual property rights of research subjects are not well protected under current U.S. law. This is especially important in the field of genomic and proteomic research. The protection of indigenous genetic material is of special concern because of the fear by indigenous people that the results of genetic research may be used to harm them.21 However, James W. Zion describes a legal tension between “western ‘rights’ and indigenous demands,” and argues that “[o]ne of the basic points, when it comes to western concepts of intellectual property rights, is that they are a grant from a state or sovereign, and indigenous peoples and disadvantaged nations had no participation in formation of such rights.”22 The National Research Council of the National Academies recently published a compilation of the current state of related intellectual property rights.23 In the summary, the authors reflect that “the potential for a ‘perfect storm’ exists, in which future discoveries in genomics and proteomics that would benefit the public health and well-­being could be thwarted by an increasingly complex intellectual property regime.”24 In a discussion of intellectual property and commercialization, the authors go on to describe the transformation in academic biological science in the 1980s with the development of public policies that encourage the commercialization of research.25 The Bayh-­Dole Act of 1986 went further in requiring the transfer of technology derived from federally funded research through licensing and royalty agreements that would generate sources of funds for the government and for the academic “inventors.” AI/ AN individuals and communities that engage in federally funded genetic

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research need to consider the potential that their genetic information, as intellectual property, could become the property of others unless protections are put into place in advance of the research. The same risk is present with genetic research in AI/AN populations undertaken by private, non-­ governmental entities. David J. Stephenson has examined the “legal tools, other than codes or statutes, that American Indians might consider using to protect their intellectual rights within the context of the Human Genome Project.”26 His insight into establishing intellectual property rights in the field of human gene study (what Stephenson refers to as “bioprospecting”) reveals the potential for employing intellectual property licenses as well as bioprospecting protocols and agreements established within the legal framework of traditional Western contract law as a means of protecting AI/AN ownership rights. The potential value of this area of the law, as well as risks, to AI/AN individuals and tribes who do not take steps to protect their intellectual property rights warrants a more thorough inquiry and investigation than time and resources permit for this current effort.

Research Guidelines and Protocols A long history of exploitation, misappropriation, and exclusion from control of research resulted in tribes and tribal organizations becoming more active in all aspects of the research process, including setting the agenda, planning, designing, collecting data, and interpreting and disseminating research findings.27

Common Tribal Concerns Researcher interest and activity in genetic research within AI/AN communities can often be inattentive or unaware of the unique political, cultural, and religious concerns connected to tribal communities and tribal citizens. Tribes are not “ethnic groups,” but sovereign nations with their own governments. Over 550 sovereign tribes and Alaska Native villages possess their own unique histories and religious, cultural, political, and social identities, resulting in distinct concerns regarding genetic research. However, some of the issues and beliefs concerning genetic research are likely to be widespread.28

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Generally, Native communities are concerned with the risk of exploitation, appropriation, and misrepresentation of traditional knowledge and intellectual property. For example, genetic research focusing on migration studies may contradict communal narratives and creation stories, potentially threatening cultural and political sovereignty. Many tribal communities also have cultural practices prohibiting the use of hair, blood, tissue, and other biological samples. The spiritual beliefs of many tribal nations regard every piece of the body as sacred. Loss of part of one’s self may be associated with illness, disease, or loss of life force. Genetic samples may even require special care in accordance with tribal spiritual values, clan systems, or community relationships. If the specimens are handled improperly, the related families may have to conduct or participate in time-­consuming or expensive ceremonies to address the harm created.29 Secondary uses of genetic material may also be counter to tribal cultural and religious values. Looking at the implications of published results, identifying tribal communities on behavioral genetic research such as alcoholism may carry with it the possibility of community and individual stigmatism. Research is often done “to” and not for Native communities; tribes are questioning the probability of the community benefiting from participating in and contributing to further research studies.

Risks and Benefits Tribal participation in determining potential risks in collaboration with researchers is essential, as the intergenerational nature of genetic information does not always allow for easy delineation between those who are actively participating in the research and those that it might subsequently affect.30 The level of risk to tribal participants and the community is largely dependent upon the nature of the research. The risks of genetic research can be physical (i.e., medical clinical trials), psychological, social, economic, and legal, occurring at both the individual and community level (for examples of risks and benefits, see Figures 3.1 and 3.2). Risks also include the opportunity costs of time and resources spent by the tribe on the research activity that could be spent on alternative actions. This is especially important to consider when there are significant unmet needs, such as health care service delivery, in much of Indian Country.31 Genetic research may provide the benefits of primary and secondary prevention, relief for disease-­affected communities, or generate community resiliency as a positive response to disease adversity.32 Research data

Figure 3.1.  Overview of Potential Risks of Genetic Research.

Figure 3.2.  Overview of Potential Benefits of Genetic Research.

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can be utilized by tribes for community health care planning, and research teams may establish clinics, provide increased care, assist with establishing intervention programs, and provide training, employment or other tribal community and member capacity-­building activities.

Developing Tribal Research Guidelines and Protocols While most tribes lack the resources and capacity required to regulate genetic research, there are tribes in the United States and First Nations in Canada implementing tribal regulation policies, processes, and oversight systems for research (including genetic) within their communities. Tribal standards embodied in a regulatory process are helpful to potential researchers, governments, and funding agencies that may not have a clear understanding of tribal priorities and expectations regarding research, and create a system of accountability.33 In contrast with non-­Native developed standards, tribal research protocols are often based upon community-­ participatory research models that integrate community buy-­in and feedback in all stages of the research process. Tribal research protocols and ethical guidelines can institutionalize each tribe’s unique values and concerns within the research, minimize harms to the community and tribal members, protect indigenous knowledge, and retain tribal ownership and control over the genetic research process and products. The Navajo Nation and the Pueblo of Zuni have successfully developed and implemented comprehensive research regulatory systems with supporting institutions and enforcement mechanisms. Ethical guidelines from First Nations research studies in Canada have been successful in applying concepts of tribal sovereignty and self-­determination to control and own research efforts, including integrating tribal cultural and community values into decision-­making processes. An assessment of these tribal regulatory systems and ethical research principles identifies key elements to be considered by tribal communities when developing research regulations and supporting institutions.

Tribal Government Regulation in the United States The Navajo Nation is one of few tribal communities to develop a formal research program and implement a Navajo human subjects’ research code supported by its own human subjects review committee. The Navajo Nation Research Program was created to encourage mutually beneficial

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research opportunities by melding the interests and visions of the Navajo people and public health care providers and researchers. The program employs a participatory research model that includes buy-­in and feedback from the community.34 For example, tribal citizens translate researchers’ findings into the Navajo language for interpretation and review. Researchers are also required to sponsor training sessions for tribal citizens and present their findings at the annual Navajo Nation Research Conference. The purpose of the Navajo Nation Human Research Code is to delineate the acceptable conditions and processes for research activities performed on Navajo people. The code identifies parameters for culturally appropriate data collection, storage, and disposal, as well as informed consent procedures that respect the Navajo perspective.35 The code further describes in detail property rights concerning samples, data, records, and publications. The research program and human subjects code are supported by the Navajo Nation Human Research Review Board (NNHRRB). NNHRRB provides ethical review and monitors all research within the Nation. It also issues tribal permits to researchers for projects consistent with Navajo priorities. Researchers are responsible for all costs associated with research review, including permit applications, administrative fees, and hiring technical experts for proposal review. The Pueblo of Zuni is another tribal government with specific guidelines for research. It developed the Pueblo of Zuni Research Review and Approval Process that includes a formal protocol for researchers approaching the Pueblo. Potential research is initiated through a letter of intent with supporting reprints submitted to the Zuni Research Review Board, which forms a subcommittee for initial review of the proposal. If warranted, a full proposal will be requested and reviewed only by the Zuni Health Board (not the IHS IRB) with a recommendation then submitted to the tribal council. All proposed projects are expected to conform to tribal protocol.36 Upon preliminary approval, the Zuni Health Board requires a full on-­site presentation by the researcher. Researchers are also required to tour the Zuni hospital and museum to learn about cultural taboos regarding bodily specimens; the visit is viewed as an indication of commitment on behalf of the research team and sponsoring institution.37 Tribal representatives also conduct a site visit to the sponsoring institution. If biological specimens are collected, the local (or community) review committee ensures that ownership, storage, access, and issues are clearly defined.38 The Pueblo of Zuni owns all research data and is coauthor on all publications, with the reserved right to review all prepublication manuscripts. The Pueblo also requires annual status updates on all projects.

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Research Ethics Guidelines for First Nations in Canada The First Nations Regional Longitudinal Health Survey (RHS) involved a collaborative consultation with the indigenous governments in Canada (First Nations) to establish a framework of principles and guidelines to advance First Nations research by addressing possession and control of research and information issues. The RHS Research Code of Ethics identifies four guiding principles for research within tribal communities. It is based on the tenet that mutual respect between First Nations and non– First Nations people in Canada can be achieved only with knowledge of one another. The four principles of ownership, control, access, and possession of stewardship (OCAP) describe the relationship of a community to its traditional knowledge and intellectual property. “Ownership” states that the community owns information (cultural knowledge/data/information) collectively the same way an individual owns personal information.39 “Control” refers to the rights of First Nations to maintain and regain control of research and information management processes impacting their communities.40 “Possession” discusses the mechanisms by which the ownership of First Nations research and information can be asserted and protected.41 The Kahnawake Schools Diabetes Prevention Project (KSDPP) Code of Research Ethics provides guiding principles for a community-­based participatory research project between the Kahnawake Mohawk Territory and local academic institutions. The KSDPP Code of Research Ethics incorporates Haudenosaunee (Iroquois peoples) knowledge, ways of teaching, and decision-­making processes to develop distinctly indigenous research practices that facilitate culturally appropriate solutions to research concerns.42 The code outlines the collective rights of the community and the responsibilities of community and academic researchers. It also creates researcher accountability to project participants through a Community Advisory Board that monitors all research and through community co-­ authorship of research publications.

Best Practices in the Development of Tribal Regulatory Systems In order for research objectives and outcomes to have value to tribal communities, it is important to examine how various processes and products can be tailored. For instance, tribal oversight bodies, such as research

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review boards, aid in assessing and monitoring projects. Tribal permitting systems and research administrative fees can incorporate monitoring mechanisms, allowing the community to recoup some of the costs associated with technical assistance and participation in research studies (i.e. housing, materials, training). Enforcement through tribal courts and research review boards can provide tribal communities and members with the appropriate relief if a researcher violates tribal codes or protocols. Securing intellectual and proprietary rights to data ensures the expression of self-­determination and control of dissemination. Educating researchers at the beginning of a study allows for the integration of cultural values and concerns and community participation into the development of the research proposals and protocols. Stipulating the conditions and protocols associated with handling and storing genetic materials and data in accordance with tribal values minimizes potential harms from inappropriate management. Community-­based participatory research models generate accountability to participants and incorporate a “co-­learning” process that is mutually beneficial to the tribal community and researcher. Emphasizing informed individuals and community consent respects both individual autonomy and tribal values. Contractual mechanisms can be used to further define the roles and responsibilities of researchers and the tribal communities. Tribes and their citizens require the academic resources to judge and review scientific protocols, the institutional and legal support to enforce relevant codes, and the resources to control dissemination of it in the public domain.43

Opportunities for Developing More Effective Tribal Research Protocols and Ethical Guidelines Most protocols lack specific processes for obtaining informed consent from the community and the individual in culturally respectful ways. In particular, there is a need to incorporate mechanisms for seeking informed consent when changes in the project or protocols occur, as well as formal withdrawal of consent by the community. This can be addressed by including arbitration methods for disputes between researchers and participants or the community. Protocols may also lack clear guidelines or provisions for the education of researchers in approaching subjects and collecting biological materials in a culturally sensitive way. One possible solution for this is for tribes to specify uses of stored biological materials and mechanisms for removing samples at the request of either individuals and/or tribes. Tribes must have the necessary support systems (cultural,

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technical, administrative, and legal) in place to ensure that enforcement and compliance are never an issue.

Researchers Researchers recognize the value of using community-­based participatory research (CBPR) when working in Indian Country. CBPR means the tribe is actively engaged as a coinvestigator in the process of developing research protocols. It is respective and protective of tribal citizens, their communities, and their values. Patience is necessary as successful CBPR is often a lengthy process. There may even be changes in tribal leadership in the midst of a research project. However, effective CBPR helps researchers and tribes maintain program continuity no matter what leadership changes may occur. To develop mutually beneficial relationships with tribal communities, researchers should consider: •• Learning about and respecting tribal communities and their cultures and traditions—especially sensitivities around the handling of biological samples. •• Supporting ongoing education efforts for both the research team and tribal citizens. Community newspapers or newsletters are possible communication mechanisms. •• Understanding that respect, in any community, is essential. Historically AI/AN tribes and citizens have experienced unconscious as well as conscious paternalism, which will diminish the needs of the communities and researchers alike. •• Approaching tribal communities in appropriate and respectful ways. •• Conducting background research to gain a better understanding of the concerns and issues facing tribes, especially regarding research within their communities.

One Sky Center Model Research Protocol Purpose This model is not intended to meet the exact needs of any particular research study or to be a definitive model of what constitutes “good research” within any given tribal community. “Good research” is defined by the tribal community itself. Prior to approaching a tribal community,

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it is the responsibility of the researcher to identify and comply with any existing tribal research agendas, guidelines, protocols, or practices. In the absence of defined tribal standards or regulatory processes, other tribal research protocols and codes can provide a starting point toward a general understanding of tribal ethical guidelines, processes, and protections. The purpose of this model is to guide potential researchers by identifying some of the key issues and considerations that, when addressed within a framework of mutual trust, respect, and cooperation, should improve relationships and collaborations between the researchers and the tribal communities for mutually beneficial outcomes.

Tribal Community Participatory Research Community participatory research is the equitable involvement of tribal citizens, government representatives, and community organization representatives, along with researchers in all aspects of the research process, to enhance understanding and integrate the knowledge gained to improve the health and well-­being of community members.44

Guiding Principles & Practical Guidelines 1. Cultural Awareness & Sensitivities •• Researchers must be aware of the history of exploitation faced by tribes in the research arena, the particular conditions of the tribe they wish to approach (i.e., location, infrastructure), and the explicit right of tribal self-­determination. •• Researchers must be aware of their own stereotypes, prejudicial perceptions, opinions, and expectations. •• Never assume tribal concerns, culture, and expectations are universal or static across time. 2. Building Mutual Trust and Respect •• Build long-­ term relationships with AI/AN communities and their citizens through visitations and local participation, enabling a sense of trust regarding local benefits. •• Researchers must respect tribal communities and citizens, while also earning their respect. •• Ensure understanding and good communication. •• Respect community concerns and opinions. •• Respect local research priorities and needs. •• Respect individuals, families, and communities.

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•• Respect human participants’ rights and dignity. •• Demystify research. •• Be accessible. •• Provide feedback and findings in a timely manner. •• Respect a tribe’s right to decline participation. •• Respect the autonomy and decisions of the tribe. 3. Community and Individual Informed Consent •• Tribal and community values should be seen as an alternate set of values to be balanced against individual values and autonomy.45 •• Community consent must be given consideration. •• Protocols must include mechanisms for withdrawal and/or renewal of community and individual consent in the event of protocol changes or secondary uses. 4. Support Indigenous Research and Capacity Building •• Support tribal efforts for locally defined relevant research based on their community’s agenda and methodologies to create their own knowledge-­sharing mechanisms in accordance with their self-­defined needs. This can be done through capacity building, training exchanges, and technology transfer for communities and tribal citizens included in research, development, and comanagement activities to the greatest extent possible.46 5. Benefits and Risks •• Tribal communities and individuals are entitled to share in and benefit from tangible and intangible processes, results, and outcomes that accrue directly or indirectly over the short and longterm from research and activities involving their participation.47 Risks and benefits must be disclosed and determined in collaboration with tribal communities. It is the responsibility of the researcher to minimize risk and protect the well-­being of the tribal community and its citizens participating in the study. 6. Ownership and Control of Research •• Research products and samples should remain in control of the tribal community and its citizens. Publish research results only after interpretation, review, and approval of the manuscript by tribal representatives and use co-­authorship where appropriate.

Tribal Sovereignty A detailed discussion of tribal sovereignty in the United States is well beyond the scope of this project and the ken of its authors. There are a number

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of scholarly and legal articles that deal in some depth and breadth with this topic. AI/AN tribes have certain sovereign powers, including governing their people with their laws and enforcing those laws with their courts.48 Regarding genetic research within and among AI/AN tribal communities, there remains the question of the ability and potential limits of tribally regulated genetic research within the scope of federal Indian law as it exists today. The American Indian Law Center (AILC) has developed a model code for the tribal regulation of research to be implemented in conjunction with a checklist for Indian health boards.49 The AILC thesis is that such research, when conducted on Indian reservations, comes under the primary regulatory control of the tribal government and secondary control of the federal government.50 The Indigenous People’s Council on Biocolonialism (IPCB) also has a model Indigenous Research Protection Act and Academic Research Agreement that has specific language dealing with genetic research and is similarly limited to that research conducted within the geographic boundaries of a reservation.51 Both the AILC health service checklist and IPCB research agreement detail criteria addressing assessment of benefits, risks, and potential harms to the tribal community as well as the individual citizen research subject. Cultural values must be taken into account in assessing the impact of research protocols under IPCB and AILC codes and guidelines. Rights of tribal ownership and control of both tangible and intangible property are also dealt with in both of these documents. However, regulation of genetic or other biomedical research conducted off-­reservation and in facilities not under the auspices of a tribe or the IHS is not addressed by either the AILC or IPCB codes, and the enforceability of tribal laws seems to be limited outside the geographic boundaries of the reservation. With regard to the earlier discussion concerning the protection of indigenous intellectual property and genetic material, James W. Zion believes that it might be possible to argue some form of tribal authority in terms of traditional Indian common law, which is recognized by western international law and American municipal law.52 Whether or not this is practical, however, is beyond the scope of this project and requires further investigation.

Conclusion Genetic research, genomics, and gene therapies hold great promise for identifying treatments and cures for a number of diseases, including those

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unique to AI/AN peoples. Many in tribal communities, especially those in the medical and scientific professions, recognize the inherent value of pursuing research in the areas of inherited diseases among the members of their communities. At the same time, they share a concern about maintaining and respecting the cultural, social, and legal implications such research can have on their communities. There is a plenitude of literature and opinions about the issues inherent in genetic research in all populations, including indigenous peoples. Unfortunately, the American legal system has not been able to stay apace with “bioprospecting” technology. Thus, the body of regulations protecting individuals, as well as genetically unique, homogeneous communities, is sparse. There also appears to be a dearth of information on the means by which related intellectual property, as well as one’s own genes (which many believe are tangible property), can be protected from exploitation by others. One of the more remarkable results of this project is the limited discussion concerning the need for basic education on genetic research, including benefits and risks, so that communities can make informed decisions about whether or not to participate in a research program. This would seem to be especially important given the IHS IRB requirement for prior approval from tribal governments of research proposals. It is not surprising that much of the information available has been developed by and for the benefit of researchers. As an example, studies on the attitudes and concerns AI/AN people have about biomedical research in general and genetic research in particular are based on the need to develop better means for recruiting subjects to enroll in research protocols. AI/AN tribes today are, for the most part, ill-­equipped to deal with genomic research. Many are made more vulnerable to exploitation by poverty and other social ills. The results of this limited project, however, point to a number of ways that genetic research in AI/AN communities can be realized while protecting the communities, their individual citizens, and their unique cultures from harm.

Suggestions for One Sky Center •• Continuation of the DNA project. – Investigate further and in more detail the areas of intellectual and contract law. – Develop templates for tribes to use in establishing protections for cultural and intellectual genetic property.

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– Develop a basic education program about the risks and benefits of genetic research for tribal communities to implement with their citizens. •• Create a support program for tribes. – Develop a One Sky Center Genetic Research Protocol for dissemination. – Create an ombudsman program. – Form an interdisciplinary team of Native professionals to troubleshoot for tribes. – Establish web-­based resources, including FAQs and responses concerning genetic research in Indian Country. •• Lobby for regulatory changes. – Update 45 CFR § 46: add American Indians as protected individuals. – Update IHS IRB guidelines with AI/AN, NHGRI, and NIGMS 2001 recommendations.

Suggestions for American Indian Tribes •• AI/AN communities and citizens need to learn the basics about the benefits and risks of genetic research before participating in any research program. •• Tribes should only participate in biomedical research that requires formal tribal government approval and utilizes a recognized, federally registered IRB–preferably an IHS IRB or independent tribal IRB. •• Enact and follow a tribal research code and protocol. – Establish criteria for participating in genetics research. – Utilize a research contract/agreement. •• Proactively engage with and participate in the nearest IHS IRB. •• Require that all research protocols presented to the tribe be approved by an IHS IRB or independent tribal IRB. •• Require a formal research contract. – Identify benefits and costs to participating. – Protect community values and interests. – Define biological material rights: ownership and storage, handling, and disposal protections. – Protect intellectual property rights. – Assure guidelines that protect tribal assets from intellectual property rights if there are for-­profit implications.

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Suggestions for Researchers •• •• •• ••

Tribes should guide research agendas. Group consent must be given consideration. Research and methods should imply tangible benefits for the tribe. Tribal consultation and consent (community and individual) is critical throughout the process. •• Risks must be determined through collaborative efforts between tribes and researchers. •• Individual and tribal community values must be integrated into the research. •• Above all, researchers need to respect, minimize harm or risk, and protect the interests of the tribal community and its citizens.

Notes 1. “Disparities,” U.S. Department of Health and Human Services Indian Health Service, accessed July 3, 2014, http://www.ihs.gov/newsroom/factsheets/disparities/. 2. Malcolm B. Bowekaty and Dena S. Davis, “Cultural Issues in Genetic Research with American Indian and Alaskan Native People,” IRB: Ethics & Human Research 25, no. 4 (2003). 3. Debra Harry and Le’a Malia Kanehe, “Indigenous Land and Property Rights: Asserting Tribal Sovereignty Over Cultural Property: Moving Toward Protection of Genetic Material and Indigenous Knowledge,” Seattle Journal for Social Justice 5, no. 1 (2006): 27; Bowekaty and Davis, “Cultural Issues in Genetic Research,” 12. 4. Paul Rubin, “Indian Givers,” The Phoenix New Times, May 27, 2004, accessed July 2, 2014, http://www.phoenixnewtimes.com/2004–05–27/news/indian-­givers/. 5. “Our Mission,” Indigenous Peoples Council on Biocolonialism, accessed July 2, 2014, http://www.ipcb.org/about_us/our_mission.html. 6. “The History of the Human Subjects Protection System,” Institutional Review Board Guidebook, accessed June 29, 2014, http://www.hhs.gov/ohrp/archive/irb/irb _introduction.htm. 7. National Institutes of Health Office of Human Subjects Research, The Belmont Report: Ethical Principles and Guidelines for the Protection of Human Subjects of Research (The National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, April 18, 1979), accessed February 23, 2012, http://ohsr .od.nih.gov/guidelines/belmont.html. 8. Health Research Extension Act of 1986 (HR 2409): Part G–General Provisions: Institutional Review Boards; Ethics Guidance Program, accessed June 29, 2014, http:// history.nih.gov/research/downloads/PL99–158.pdf. 9. “Ethical, Legal and Social Implications Research Program,” National Human Genome Research Institute, accessed February 24, 2012, http://www.genome.gov/pfv .cfm?pageID=10002329.

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10. Linda Burhansstipanov, et al., “Development of a Genetics Education Workshop Curriculum for Native American College and University Students,” Genetics 158, (2001): 941–48; Mark B. Dignan, et al., “Successful Implementation of Genetic Education for Native Americans Workshops at National Conferences,” Genetics 169, no. 2 (2005): 517–21. 11. “Genetics Legislation,” Human Genome Project, accessed February 24, 2012, http://www.ornl.gov/sci/techresources/Human_Genome/elsi/legislat.shtml. 12. Ibid. 13. Ibid. 14. “Human Research Participant Protection in the Indian Health Service,” U.S. Department of Health and Human Services Indian Health Service, accessed March 28, 2007, http://www.ihs.gov/Research/. 15. Ibid. 16. “IHS Institutional Review Board (IRB) Checklist,” U.S. Department of Health and Human Services Indian Health Service, accessed March 28, 2007, http://www.ihs .gov/Research/. 17. William L. Freeman, “IHS Guidelines for Implementing and Complying with IHS Policy on Specimens,” U.S. Department of Health and Human Services Indian Health Service (Washington, DC, 2001), accessed March 28, 2007, http://www.ihs .gov/Research/. 18. William J. Clinton, “Government-­ to-­ Government Relations with Native American Tribal Governments” (memorandum to heads of executive departments and agencies, Washington, DC, April 29, 1994), accessed February 10, 2012, http:// www.justice.gov/archive/otj/Presidential_Statements/presdoc1.htm; Executive Order 13175 of November 6, 2000, Consultation and Coordination with Indian Tribal Governments, Code of Federal Regulations, title 3 (2000): 67249–52. Accessed July 2, 2014, http://www.gpo.gov/fdsys/pkg/FR-­2000–11–09/pdf/00–29003.pdf. 19. Donna E. Shalala, “Department Policy on Consultation with American Indian/ Alaska Native Tribes and Indian Organizations” (memorandum to heads of operating divisions and heads of staff divisions, Washington, DC, 1997), accessed February 27, 2012, http://www.ihs.gov/adminmngrresources/regulations/deptpolicy.asp; Michael H. Trujillo, “OP/OTP Indian Health Service Circular No. 97–07,” U.S. Department of Health and Human Services Indian Health Service (Washington, DC, 1997), accessed March 28, 2007, http://www.hhs.gov/iga/tribal/9707.html. 20. Francine C. Romero, “Summary Meeting Report” (report, American Indian and Alaska Native Genetics Research Policy Formulation Meeting, Rio Rancho, NM, February 7–9, 2001), accessed July 2, 2014, http://www.nigms.nih.gov/News/Meetings /Documents/grpf_report.pdf. 21. James W. Zion, “Traditional Indian Law, the Intellectual Property Regime, and the Protection of Indigenous Genetic Materials” (paper, International Institute for Indigenous Resource Management Roundtable: Denver, CO, June 4–5, 2001): 1. 22. Ibid., 22. 23. Stephen A. Merrill and Anne Marie Mazza, eds., Reaping the Benefits of Genomic and Proteomic Research: Intellectual Property Rights, Innovation, and Public Health (Washington, D.C.: The National Academies Press, 2006). 24. Ibid., 1. 25. Ibid., 43–45.

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26. David J. Stephenson, “Contracts and Licenses for Genetic Information: An Introduction to Alternative Mechanisms for Protecting the Intellectual Property of American Indians in the Context of the Human Genome Project” (paper, University of Colorado Health Sciences Center Ethical, Legal, and Social Implications Working Group, Aspen, CO, April 6, 2001), 1. Accessed July 2, 2014, http://www.iiirm .org/publications/Articles%20Reports%20Papers/Genetics%20and%20Biotechnology /Aspenrev.pdf. 27. Walter Hillabrant, “Research in Indian Country: Challenges and Changes” (paper, Work Group on American Indian Research and Program Evaluation Methodology, Symposium on Research and Evaluation Methodology: Lifespan Issues Related to American Indians/Alaska Natives with Disabilities, 2002), Eric Document 473271: 22. 28. Bowekaty and Davis, “Cultural Issues in Genetic Research,” 12. 29. Linda Burhansstipanov, et al., “Development of a Genetics Education Workshop Curriculum for Native American College and University Students,” Genetics 158, no. 3 (2001), accessed July 2, 2014, http://www.ncbi.nlm.nih.gov/pmc/articles /PMC1461707/. 30. Kadri Simm, “Benefit Sharing Frameworks: Justifications For and Against Benefit Sharing in Human Genetic Research,” ed. Julie Cook Lucas (GenBenefit, 2007), accessed February 27, 2012, http://www.uclan.ac.uk/schools/school_of_health /research_projects. 31. Hillabrant, “Research in Indian Country.” 32. William L. Freeman and Francine C. Romero, “What are the Possible Harms in Genetic Research?” in Guidelines for Researchers, (Rapid City, SD: Northern Plains Tribal Epidemiology Center, 2002) 72, accessed April 13, 2012, http://www.aatchb .org/epi/docs/GuidelinesColor.pdf. 33. American Indian Law Center, “Model Tribal Research Code, with Materials for Tribal Regulation for Research and Checklist for Indian Health Boards” 3rd ed. (Albuquerque, NM: American Indian Law Center, Inc., September 1999) 1–28. 34. Francine C. Romero, et al., Guidelines for Researchers (Rapid City, SD: Northern Plains Tribal Epidemiology Center, 2002), accessed July 2, 2014, http://www .aatchb.org/epi/docs/GuidelinesColor.pdf. 35. Ibid. 36. Ibid. 37. Ibid. 38. Ibid. 39. “OCAP: Ownership, Control, Access and Possession,” Assembly of First Nations (Ottawa: National Aboriginal Health Organization, 2007), accessed July 3, 2014, http://cahr.uvic.ca/nearbc/documents/2009/FNC-­OCAP.pdf. 40. Ibid. 41. Ibid. 42. Kahnawake Schools Diabetes Prevention Project, “Code of Research Ethics” (Kahnawake, Mohawk Territory: Kahnawake Schools Diabetes Prevention Project, revised 2007) 3. Accessed February 23, 2012, http://www.ksdpp.org/elder/code _ethics.php. 43. Paddi O’Hara, “Learning to Conduct Ethical Research in Humans: Educational Needs and Models” (report, Forum for Institutional Review Boards/Research Ethics

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Boards in Canada and the United States, Washington, DC, June 1–2, 2006) 23. Accessed July 3, 2014, http://ncehr.org/focus/images/2006%20English%20FOCUS%20 Report.pdf. 44. “Code of Ethics,” International Society of Ethnobiology, accessed February 24, 2012, http://guallart.dac.uga.edu/ISE/SocEth.html. 45. O’Hara, “Learning to Conduct Ethical Research in Humans.” 46. “Code of Ethics,” International Society of Ethnobiology. 47. Ibid. 48. Patrick Macklem, “Distributing Sovereignty: Indian Nations and the Equality of Peoples,” Stanford Law Review 45, no. 5 (1993): 1311–67. 49. American Indian Law Center, “Model Tribal Research Code.” 50. Ibid. 51. “Indigenous Research Protection Act,” Indigenous Peoples Council on Bio­ colonialism, accessed May 15, 2007, http://www.ipcb.org/publications/policy/files/irpa .html; Appendix 1-­Academic Research Agreement,” Indigenous Peoples Council on Biocolonialism, accessed May 15, 2007, http://www.ipcb.org/publications/policy/files /appndex1.html. 52. Zion, “Traditional Indian Law.”

chapter four

Boys and Girls Clubs in Indian Country Building Community Connections, 2003 Joseph Lekuton and Holly Zimmerman

This report discusses the status and role of nonprofits in Indian Country and, specifically, the Boys and Girls Club of the Northern Cheyenne Tribe. The report attempts to give a general overview of the political economy of Indian Country and discusses some of the obstacles facing all Indian nations. Building alliances between institutions is discussed in several frameworks throughout the paper. We use the concept of Partnerships, Accountability, and Creating Trust (or “PACT”) as a guiding influence. The paper contains general recommendations about how to build stronger, more productive alliances. The Boys and Girls Club of the Northern Cheyenne Tribe serves as a case study, and in the end, we provide recommendations specific to its context. We hope this report will help the Northern Cheyenne Boys and Girls Club improve its capacity to serve the tribe, and eventually become a model for other nonprofits. Native people around the world vary in their culture, language, and economic independence. However, a commonality is their commitment to their customs and traditions. Historically, tribes’ attitudes, economies, politics, and overall social structures were the product of their culture. Their languages, traditions, and customs have survived in part because of their flexibility to adapt their goals and commitments through the decision-­ making, institution building, and leadership of their tribes. Central to 89

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sustaining these cultures today is collective self-­determination—that is, the ability to govern and manage their resources according to tribes’ own traditions and customs, despite external influences.

Self-­Determination Self-­determination helps preserve cultural systems and values that are relevant to the tribal nations, economically, socially and politically. However, with hundreds of years of oppression and decimation of cultural and economic resources, tribes experience more challenges in continuing traditions today. This issue is not only unique to the American Indian nations, but to the rest of the indigenous peoples as well. Cultures are strained by western influence, and the traditions and customs that developed over thousands of years are at stake. Communities that have succeeded in keeping their cultural identity and values have done so with a collective self-­determination and with leaders who tend to reflect upon and respect traditional norms, division of labor, conflict resolution, and unity. These communities relentlessly shape their own destiny by becoming self-­sufficient and sovereign in their social structures. Indeed, self-­ determination has been part of Native people for ages; the perseverance throughout turbulent times when their cultures were susceptible has been the norm in keeping the cultures together. As they have adapted their structures and systems over time, they have pursued “cultural matches” between new modes of governance and traditional values and norms.

Challenges Although self-­determination can help preserve cultural systems, leadership and organizational challenges are paramount issues in Indian Country. Many tribes go through leadership transformations in very short periods of time. These numerous changes of leadership tend to affect not only the continuity of economic development on the reservation, but also other entities within the tribe, including nonprofits. The Northern Cheyenne Tribe in Montana is no exception and struggles to stabilize its leadership structures. In the process, a nonprofit can find itself operating in a politically charged atmosphere. In such a setting, the possibility of building alliances between institutions promises to improve the fluidity and stability of community services.

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The Northern Cheyenne Tribe is known for its resiliency. After joining the Lakota in the Black Hills War of 1876, the government of the United States forced the tribe onto a reservation in Fort Reno, Oklahoma. However, most of the Cheyenne returned to Montana, where they now live. The Northern Cheyenne is proud to own almost 100 percent of their tribal lands (approximately 444,000 acres), where 4,939 of the 10,840 enrolled citizens are residents.1 This project focuses mainly around the youth in the community, who attend schools in Lame Deer, Ashland, Colstrip, and Busby. Some also attend Chief Dull Knife Community College. The Boys and Girls Club of Northern Cheyenne shares students with these institutions, and is interested in becoming a viable partner for these and other nonprofits. The Club was started as a youth organization by the tribal community to help provide a safe environment and school programs for children on the reservation and in the surrounding area. Founded in 1993, it is one of the largest nonprofits on the Northern Cheyenne reservation. In 1994, the youth organization became an affiliate of the Boys and Girls Clubs of America. Currently, the Club is serving over 859 members between the ages of five and nineteen years. The Club acts as a safe haven for children after school, where its programs are meant to supplement parental guidance, schoolwork, and the overall growth of the child.2 Today, many nonprofit organizations in Indian Country and beyond are not able to provide services with their resources alone. Alliances have become a foundational value in uniting community organizations to reach common goals. In fact, many granting organizations are now systematically asking for proof of collaboration as a stipulation of awarding funds. With these conditions in mind, it is important that nonprofits are familiar with the process of building alliances. Founded on collective engagement and trust, alliances are perpetuated when a series of positive conditions exist. It is the awareness of these conditions, and the active effort to sustain them, that can prevent alliances from failing simply because of common pitfalls. The following sections detail several frameworks to help a nonprofit to be self-­reflective about its internal relationships, as well as its relations and alliances with other organizations. The overarching model serves to organize the concept of alliance building into three major categories: Partnerships, Accountability, and Creating Trust (PACT). We call this process of building an alliance “Making a PACT.” It is important to recognize, however, the uniqueness of building alliances in Indian Country. In the words of a tribal official, “The smallest .

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unit of the tribe is not the individual, but the family.” With this distinction in mind, one could regard the community, organizations, and the tribal government as three distinct families within the tribe. Yet these families do not stand alone: in a small and traditionally knit community, there is a place of intersection between them. Therefore, when one family changes or shifts, all of the families are affected. It is impossible to divorce the sector you intend to serve from the others. Attempting to do so may have a negative impact on the programming, or on the community. Why attempt to work on a piece of the tribal circle that isn’t connected with the others, when the area that is connected is so large? It is in the best interest of any nonprofit in Indian Country to accommodate for the intersection of community, tribe, and other organizations by targeting the intersection itself. Building alliances, or “Making a PACT,” is a great way to target that intersection because it invites participation from all of the “families,” and will hopefully lead to spreading the effects from the center out.

Mapping the Actors When looking to build relationships with other organizations, it is important to make sure to identify the essential participants. Not only will this help clarify who would make a good partner, but it will also clarify the standing of each organization. Even if your partnership remains a focused effort in a small community, it is likely to be influenced by actions at a city or national level, as well as by other sectors. Being aware of the participants helps to make sure you do not duplicate services when your time, money, and energy could be best used somewhere else. Once the map of actors is established, it can also help you keep an eye on how your objectives are being helped or hindered inside and outside of your alliances. The major participants for the Boys and Girls Club project are: Chief Dull Knife Community College, St. Labre School, Lame Deer and Colstrip public schools, and the Northern Cheyenne Tribal Council. Many of them are financial, as well as social; and some are admittedly better developed than others. The Board of Directors and the affiliations of Boys and Girls Clubs, both national and Native, are responsible for their direct support. The national affiliates help to hone programming and give support, uniting the clubs across the country. However, several of our interviews suggested that it would be beneficial for the Club to forge relationships with other community partners, especially those in the private sector. This

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suggestion could be manifested through the one entity in the map that stretches across both the Club and the Tribe: the Board of Directors. This is a critical point of action for the Boys and Girls Club. The Board of Directors houses many influential and involved community members, and is a good place for the Club to begin seeking alliances and partnerships with other sectors. It may be that this is the place to begin garnering support because the members share certain interests, which is the first piece to engaging in a cooperative effort. We would also argue that they may also believe in similar strategies for action because they support the Boys and Girls Club. Engaging these actors will show that the Club considers community members as real assets, and may also encourage participation from the larger community. However, before it can burden board members with new agendas, it is important to make sure the Board is fully engaged and supportive. The engagement framework, detailed in the next section, will do just that.

The Engagement Framework After mapping all of the actors, you can begin to identify exactly who you want to partner with and why. The engagement framework is a set of criteria that enables choosing a partner and sustaining a good partnership. The framework also guides the work of collaborative groups within your organization, such as a task force or the Board of Directors. The first piece of engagement is assuring that all of the members of the alliance have common goals. It is important to establish this from the onset because it is the foundation to the relationship—all of the members must feel they have united for an agreed purpose. Many teams forgo discussing this in the open because there is a subtle feeling that “we all know why we are here.” Yet an explicit discussion of this topic can often unveil that some members still need clarification. For example, “I know this organization helps kids, but is it about raising student achievement in school or about building healthy lifestyles?” Do these ideas directly or indirectly affect each other? Should we target both? Ultimately, you should have this conversation, even if you as a member or leader feel that your purpose is understood. When partnering with other organizations, you may have to compromise some of your goals. In the case of the Boys and Girls Club, partnering with the public schools may mean taking a more academic approach to after-­school activities. In a smaller initiative, it might be working

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to revise the meal menu to coordinate with partners in the health sector. In either case, it is important to confirm the goals for the project. The next step is developing shared strategies that branch directly off of the common goals. Again, it may seem like everyone automatically will agree on strategies simply because they agree on goals. This is not always the case. Unless working with a prescribed curriculum, members of the group or partnership are likely to have varying viewpoints on the best possible means for reaching goals. Figuratively and literally, there are several roads that lead to a specific destination. If one of your members finds midway through the trip that he or she does not agree with the direction, you may have to return to goal setting to make sure that everyone is willing to participate. Avoid this hazard by breaking your goal into several strategic and measurable strategies. For an example, consider this case:3 The “READY” organization worked with low-­income high school students with the intent to better prepare them for attending college. Two years into the program, services were still fragmented and it was not seeing a real change in the students. Grades had not gone up, attendance was still an issue, test scores were below average, and student awareness was low. Midway through the five-­year grant, the program director decided to interview his staff to see where the program had gone off track. What he found was that each staff member had a slightly different piece of the “college preparation puzzle” that he or she decided to shape. Their strategies for college preparation were quite different: •• •• •• •• ••

College visits, talks Tutoring in school subjects Preparing study guides for standardized tests Mentoring Financial aid workshops

While all of these strategies probably had small effects on individual students, READY failed to organize its participants in a way that fully prepared them for college. The director decided to streamline the goals through more frequent collaborative meetings with his staff so they could share and implement all of their great ideas. He also developed quarterly benchmarks that the group worked toward together. He broke READY’s mission into four specific strategies, and made sure to track progress on each. Many organizations struggle with gathering enough resources to accomplish all of their goals. While the engagement framework cannot help you to gather financial support, it can help to clarify where your greatest

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resources lie. There are four main types of resources: financial, physical, social, and intellectual. Financial and physical resources are the most difficult to collect, and many nonprofits spend a lot of energy working toward a facility and a bigger budget. We do not mean to underestimate what a great workspace or a large endowment can do; however, we do want to note that very useful social and intellectual resources are often overlooked. Some of the greatest successes in organizations come from knowing the community well. There are many networks in any community: parents, church members, veterans, and formal clubs are just a few. Using old connections or building new ones with a strong team in your community can give you the social resources to build a volunteer workforce, advocate for your cause, acquire physical/financial resources, or address other needs that organizations struggle with to keep alive. These networks, and your own staff, often have unique knowledge about very useful topics. Maybe they know how to print t-­shirts for your next event, or have a degree in marketing and can help draft your business plan, or simply speak a language you do not. Being aware of the resources you have, as well as those you may not, can help to make sure that your alliances function well. The last piece of engagement—rewards—is often the least nurtured, especially in a nonprofit setting. It is important to remember that everyone needs to feel as though their efforts mean something: that there is a reason they invest time and energy into a project that is worthwhile. Incentives in youth work are often intangible: they are the feelings you get from seeing kids grow, learn new things, solve conflicts, and make great decisions. So often, though, the program workers are the only alliance members who see the children. Community members, including the board of directors, can miss out on these feelings of reward because they do not get direct contact with children in the program setting. Some may be more concerned with community change. It is up to the Club to fulfill those needs in order to keep the participation of board members high. Board members in small communities, especially those in Indian Country, are often involved in several local projects. Since all of their commitments compete for attention, a source of reward must be present for them to fully engage in the work of the Boys and Girls Club. Remember the previous section on mapping the actors; the board is one key entity that joined the Club to the tribal community. The board, unless fully engaged, is an untapped resource. Intellectually, it can offer an outside perspective on the management and decision-­making of the Club. Socially, it can project a positive image of the Club into other sectors of the community, and serve as the

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beginning of new alliances. The board of directors lies in the interconnected section of the three family circles, and would be a great place to target attention.

Accountability Since accountability and transparency are key to good organizational governance, nonprofits need to be responsible for their activities. This is especially true in Indian Country, where strained political and economic conditions can be obstacles to accountability. Different definitions of accountability between organizations and tribal governments are often a source of contention. Becoming accountable on similar terms will enhance the partnerships and trust established through other efforts. Agreements with regards to the Club’s transparency—how much and what kind of information it is expected to provide to the tribe and the community— can create legitimacy for the organization and build an atmosphere of understanding and community confidence. In the case of Boys and Girls Club of Northern Cheyenne, the absence of continuous communication has led to suspicion, rumor, and gossip. To address this concern, the Boys and Girls Club could further promote its accountability. For example, the Club should inform and educate community members on possible impacts of organizational decisions. Additionally, the community should have access to information whenever appropriate. This information could be shared through a quarterly newsletter, for example. Possible contents of such a newsletter could be: new programs at the club; examples of student work (such as poems or artwork); and letters, stories, and community outreach projects. It is important to note that distribution of newsletters can also be an issue. The Club should make sure that the information and reputation it desires is projected to the community in the right way. To promote a good working relationship with the tribal council, the Boys and Girls Club should be present during the monthly council meetings, and should be prepared to share its progress. The Club should also foster an open relationship with the tribal government, providing the tribal council with access to any relevant documentation that the Club keeps. The same information should also be shared with the Club’s board members in order to build competence and trust among the members. Hopefully, the board members’ knowledge and opinions of the Club will

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spread to the rest of the community. Furthermore, the board could actually assist in reviewing the functions of the Club, making sure it responds to the community. The Boys and Girls Club has a strong and experienced board that seems to be an underutilized resource. The board could be used as a tool to guide the Club’s vision, helping to assure that the Club has integrity and accountability in the community. This should also encourage trust from the board, community, and the tribal council to the Boys and Girls Club, especially since they will be familiar with the inside workings of the organization. Ultimately, fostering accountability will help in building a strong support group, which will be key for the organization both financially and morally.

Creating Trust Even if all of the players are engaged by the framework’s standards, an alliance can easily become stagnant or fall apart in the absence of a foundational trust. Specifically, as Ronald Ferguson documents, members of any partnership often ask the following questions:4 1. Can I trust that my allies have motives compatible with mine, so that the alliance is likely to serve, not undermine, the interests I represent? 2. Can I trust that my allies are competent (or can become competent) to do their part in the alliance? 3. Can I trust that my allies have sufficient will and resources to be dependable? 4. Can I trust that my allies will be respectfully collegial? These questions help to not only outline which players you would like to build a partnership with, but also analyze what kind of partner your own organization makes. The first question repeats a bit of the common goals notion. As a partner, try to model transparency of your motives. Again, if at any time the members of an alliance feel as though they have been misled, it can force the productivity of the project back to the planning stage. Competence and dependability, topics in questions two and three, are most easily demonstrated through history. The Boys and Girls Club of the Northern Cheyenne has a reputation for being a competent advisor and dependable mentor club within the national affiliation of clubs. Now, it is

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time to bring that reputation into the Lame Deer community. The Club has a great history with the St. Labre School, and it may be a good idea to use this history to reach other sectors of the community. Staff members have identified competence with nonprofits and life in Indian Country as important characteristics in other partners; they should also use these competencies as a way to showcase their own impressive assets. Figure 4.1 details some more reflective questions about this relationship. The last of the four trust questions deals with collegiality. In any community, it is inevitable that some organizations will gravitate together and others apart. While the exact formula for why certain organizations are more attractive than others is explained slightly by the engagement framework and the first three trust questions, much of it hinges on the fourth. Earlier, we spoke of offering an incentive for alliance members to participate in change. A large incentive is simply a positive work experience. Collegiality, in essence, asks whether or not alliance members can sit around a table together, work pleasantly, and leave feeling like they want to return. There is no tried and true way of becoming collegial with groups in a community: it is based on the individual customs, culture, and sources of tension. There must be a cultural match not only within the larger culture, but also within the institutions themselves. Keen attention should be paid to the possible partner: its reputation in the community, its previous partners, organizations above and below it, its leadership style, its openness, etc. With this information in mind, it should be easy to assess whether the partnership is feasible, but more so, how to make it enjoyable.

Figure 4.1.  Reflection Questions on Dependability and Competence.

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A Closer Look at Building Alliances Ronald Ferguson provides an excellent breakdown of the five basic stages of relationship building.5 In each stage of alliance building, certain tasks come to the forefront as most vital. Within each of these tasks there is a positive and negative outcome; it takes reaching the positive outcomes to successfully proceed through all five stages. The first stage, which reiterates the trust and engagement frameworks quite closely, involves “Trust and Interest versus Mistrust and Disinterest.” Here, the alliance partners must all have significant interest in the alliance, and mutual trust in the alliance members to move toward a new stage. Note that these issues do not dissolve as the alliance moves to new stages; they simply are relied upon as a solid foundation. The second stage, “Conflict versus Compromise,” is where the alliance moves beyond the beginning stage and into action. Here, the participants attempt to reach an agreement on how the alliance will operate. Many times, the most prominent concern is over power. Who has the authority in the situation and who is being silenced? A common issue revolves around turf. Who’s turf are we on, and does that tell us who has authority? It is important in this stage to make sure there is a clear pattern for decision-­making that leads all members of the alliance to feel invested, trusted, and rewarded. The third stage, “Commitment versus Ambivalence,” shows whether or not the decisions in the previous stages have really worked. Here, it is common for alliances to become projects “on paper,” but not in practice. If the members are not happy about the resolution to power struggles or trust issues, it is likely they will show their dissatisfaction by simply becoming ambivalent to the alliance’s action. They are probably still interested in the cause, just not necessarily the alliance’s process for addressing it. Also, here, we see the negative impact of competing commitments. If the alliance members are more committed to another mission, it is easier to become ambivalent in this stage. Additionally, we are reminded that if alliance members are forced to stray too far from their values, they will not commit. In stage four, “Industriousness versus Discouragement,” the committed actors of the alliance begin to see what the project is really able to do. Here, the alliance can either become a fully functioning and productive unit, or it can get discouraged by setbacks and decide to disband. Until this point, most of the conversations and actions have taken place within the

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members of the alliance, but in this stage the alliance meets the outside world. These meetings help the alliance to decide how resilient it will be: Will it find strength and move forward, or will it falter and dissolve? In stage five, “Transition versus Stagnation,” the alliance decides whether the completion of one project can lead to more, or if it is time to terminate the relationship. Again, the way the relationship is handled in stages one through four determines whether or not the members want to continue. And, even if they do, it is important to remember that the alliance is born anew now. There must be new discussions about how the transition will change the mission, strategies, or resources of the old alliance. The new alliance cannot simply ride on the successes (or setbacks) of the old alliance and assume the same positive (or negative) outcomes will emerge.

A Closer Look at Building Alliances: Three Cases Figure 4.2 visually represents the progression of relationship histories with three specific entities in the Lame Deer community. St. Labre Catholic School shares students with the Boys and Girls Club, Chief Dull Knife College is a prominent and successful community nonprofit, and the Northern Cheyenne Tribal Council is the policy-­making body in the community. In the following discussion, we detail these relationships and suggest why they may have stalled when they did. Being aware of this process and its specific relational pitfalls is likely to help the Club break down the areas where efforts can be made to help the relationships progress to their desired outcome.

Figure 4.2.  Progress of Alliance.

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St. Labre According to the Boys and Girls Club’s self-­assessment, these relationships have progressed at several different paces. St. Labre has been a great partner because it has been a consistent and compatible institution from the beginning. In turn, St. Labre identified the Club as a good partner because it is a stable organization, unlike many projects that come and go in Indian Country. The answers to the four trust questions for this organization are undoubtedly “yes,” especially considering the apparent collegiality that exists between St. Labre’s administrators and the Boys and Girls Club’s executive director. Further, both organizations are fully engaged in all criteria of the framework. They have common youth-­oriented goals and strategies, share resources, and feel a sense of reward in their work together. Thus, they have progressed quite well through the stages. Their partnership does not involve immediate power conflicts that may have arisen in stage two: a hazard point for many teams. Now, it seems like the relationship between St. Labre and the Club is in a period of transition. They have successfully serviced the same cohort of kids for years, but the administrators of St. Labre are facing a new challenge: the No Child Left Behind Act. With the onset of new requirements and intense standardization brought about by this federal law, the school will likely look for aid in meeting these new goals. This is a crucial point of action for the Club, choosing between transitioning into a new PACT or terminating the old one. History between these two institutions suggests, however, that they will continue to be dependable supporters in times of change. This is an excellent opportunity for the Club to show it is flexible and ready to meet the changing needs of the community and their partners. This new change may even serve as an added source of funding.

Chief Dull Knife College The relationship with Dull Knife was identified as a potentially excellent alliance; however, it has not formulated yet. We placed this relationship in the commitment versus ambivalence stage, simply because it is likely that this is where the alliance would dissipate. The College and the Club have similar enough values, goals, and leadership tendencies that they would probably make it through stages one and two without much turbulence. However, the third stage presents a problem: ambivalence. It is

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our opinion that the College does not see a concrete project, a clear motive, or a rewarding incentive to fully pursue an alliance with the Club. This, however, is in the Club’s control. Should it initiate a feasible and interesting idea, we think that Dull Knife would be likely to join in the effort. Furthermore, considering the interests and opinions of Dull Knife, it would be good to initiate an informal conversation about nonprofits asserting their authority to plan and act, promoting self-­reliance. Perhaps this would bring life to the relationship between the Boys and Girls Club and Chief Dull Knife College.

Northern Cheyenne Tribal Council The relationship with the tribal government has not been smooth. Due to the staggered terms and swaying political agendas of the tribal council members, all nonprofits in Lame Deer face the challenge of building an alliance with a body that is constantly changing. A representative from a local organization stressed the need for the nonprofit community to become a proactive body instead of reactive. The Club’s relationship with the Tribe seems to stagnate at the second stage: compromise versus conflict. One might argue that repeated power conflicts may even prevent the relationship from moving past stage one because they can create an air of mistrust. It is important for the Club to show that it is a trustful organization that mirrors the interests of the Tribe. This will help it to progress past stage one, at which time it will be important to find points of compromise with the Tribe. Again, it may be important here for the Club to establish some shared strategies for a goal that will interest the Tribe. If at all feasible, it would be interesting to see if members of the Tribe would be willing to participate in a Pathways Mapping Process. This would hold both parties accountable to specific strategies and begin to build a common trust.6 In the meantime, however, it may be better to prove dependability through monthly reports to the tribal council. This was cited in community interviews as a good strategy for showing transparency.

Conclusion This report was intended to spark reflection about Northern Cheyenne’s Boys and Girls Club, as well as inspire ideas for where it could go from

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here. The report outlined the idea of Making a PACT, a framework that dissects partnerships, accountability, and creating trust. We also modeled three cases within the framework, which help to point out where the Club can make efforts to strengthen its relationships with other organizations. We sincerely feel that the awareness of the Club’s tendencies with engagement, trust questions, and stages can help diagnose the successes and struggles of past partnerships while helping to initiate new ones. The best people to devise new strategies are the Club staff members and their affiliates. They have a rich contextual knowledge and a long history in the community, and therefore are very capable of taking the framework analysis and using it to build the capacity of the Club to reach its own goals, and help other Boys and Girls Clubs to do the same.

Notes 1. “Northern Cheyenne Tribe,” Northern Cheyenne Tribe, accessed July 21, 2014, http://www.cheyennenation.com. 2. Boys & Girls Club of America, accessed April 16, 2012, http://www.naclubs.org /media/pdf/northern_cheyenne.pdf. 3. Holly Zimmerman (case study research, Harvard University, 2003). 4. Ronald F. Ferguson, “Conclusion: Social Science Research, Urban Problems, and Community Development Alliances,” in Urban Problems and Community Development, eds. Ronald F. Ferguson and William T. Dickens (Washington, DC: Brookings Institution Press, 1999), 592. 5. Ibid., 593–4. 6. Lisbeth B. Schorr, “Determining ‘What Works’ in Social Programs and Social Policies: Toward a More Inclusive Knowledge Base” (paper, Brookings Institution, February 2003), accessed July 23, 2014, http://www.brookings.edu/research/papers /2003/02/26poverty-­schorr.

part three

Education

Introduction to Projects on Education, by Adrienne Keene and Shelly C. Lowe Tribal communities across the nation continue to face the history of Indian education in America. Cultural knowledge loss, the result of direct attempts to eradicate Native languages, spiritual and environmental beliefs, traditional governance and gender structures, and tribal ways of living permeated tribes and led to a national crisis in American Indian educational achievement. In 1966, the findings of a presidential task force1 noted the failure of America’s education system to meet the needs of Native students and communities. Efforts to work within existing education structures were then strengthened in the 1970s with the passage of the Navajo Community College Act of 1971, the Indian Education Act of 1972, and the Indian Self-­Determination and Education Assistance Act of 1975, followed by the passage of the Tribally Controlled Community College Assistance Act of 1978. With these acts in place, additional federal avenues for funding Indian education programs resulted in the proliferation of new programs in major colleges and universities and in schools throughout reservation communities. Indian education took on a new meaning as these programs began to place tribal citizens in oversight and leadership roles, and organizations such as the National Indian Education Association (NIEA) formed to advance and advocate for tribally controlled education. Whether through early education programs such as Head Start, or through direct efforts to encourage both high school and college completion, success in education continues to be a top priority for tribes and tribal communities. The two projects presented in this section show both a local effort to address 105

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specific tribal expectations in educational content and achievement and a national effort to address current cultural standards for Indian education. The first project, Shinnecock Early Learning/Day Care Center Planning Project, compiled by Nitana Hicks and Haley Tuttle, showcases the power of collaboration across hundreds of miles and varied contexts. This project represents an experiment in the history of the nation-­building course: a collaboration between parallel courses at Harvard and the University of Arizona. Hicks and Tuttle paired together, though one was in Massachusetts and the other in Arizona. Despite the numerous challenges of communicating long-­distance across multiple time zones, Hicks and Tuttle pulled together a beautiful review of existent literature on culturally grounded early childhood education to serve as background research for the Shinnecock Indian Nation’s preschool project. The students narrowed the scope of their review based on site visits, focus groups, and interviews with key stakeholders from the Shinnecock community, asking them pointed and poignant questions such as: “What are the cognitive, physical, emotional, and spiritual values of a Shinnecock person? How should these features be addressed and reinforced in the early childhood setting?” Through Hicks’s and Tuttle’s research, tribal citizens also began a process of reflecting on the values of the community, and started to think about strategic ways they could come together to discuss and re-­establish Shinnecock values. The Shinnecock community was extremely excited to participate in the nation-­building course, and numerous local news outlets shared articles and bulletins about the project. This project demonstrates how closely education is tied to community values and culture, and the importance of grounding any educational initiatives in the particular context of a tribe or community. The Shinnecock Nation continues to work on this project since the students’ initial report in 2011. It even has a website that shares news updates, fundraising links, and background information on the initiative, which can be found at: shinnecock preschool.com. Moving from a community-­specific educational project to a national project, the second case study examines the preliminary stages of the National Native Cultural Standards project proposed by the National Indian Education Association (NIEA). NIEA is the largest and oldest Indian education organization, and in 2008, they developed a plan to create a set of cultural standards (goals or guidelines) for culturally appropriate classroom education practices. The organization enlisted the assistance of Nation Building students Anna Keefe and Vanessa Tantillo to gather “best practices” and models from other existing cultural standards projects

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to build a foundation for a national set of standards. Keefe and Tantillo focused their research on four existing models: the Mohawk Nation’s Akwesasne Freedom School, the Alaska Standards for Culturally Responsive Schools, Montana’s Indian Education for All, and the Native Hawaiian Guidelines. In examining each of the existing cultural education standards projects through interviews, document analysis, and a review of research, the students found common objectives and processes that they offered to NIEA as possible guiding principles. Their recommendations included avoiding prescriptions, establishing partnerships, emphasizing the role of the community, and maintaining Indian ownership at all project phases. The work Tantillo and Keefe presented through the project demonstrates the power of placing education back into the hands of communities, as well as the need across varied and diverse communities to develop standards that will make for culturally appropriate educational settings for the future of Indian Country. The Cultural Standards project is still ongoing through NIEA, and today remains one of the organization’s central research priorities.2

Notes 1. Committee on Labor and Public Welfare, Indian Education: A National Tragedy—A National Challenge, United States Senate, 91st Congress, S. Rep. No. 91–501 (1969), accessed July 23, 2014, http://www.narf.org/nill/resources/education /reports/Kennedy/toc.htm. 2. NIEA Research, National Indian Education Association, accessed July 23, 2014, http://www.niea.org/research.aspx.

Related Readings and Organizations in Indian Education American Indian College Fund. Accessed August 9, 2014. http://www.collegefund.org. American Indian Graduate Center. Accessed August 9, 2014. http://www.aigcs.org. American Indian Higher Education Consortium. Accessed August 9, 2014. http:// www.aihec.org. American Indian Science and Engineering Society. Accessed August 9, 2014. http:// www.aises.org. Brayboy, Bryan McKinley Jones, and Emma Maughan. “Indigenous Knowledges and the Story of the Bean.” Harvard Educational Review 79, no. 1 (2009): 1–21. Champagne, Duane, and Joseph H Stauss, eds. Native American Studies in Higher Education: Models for Collaboration between Universities and Indigenous Nations. Walnut Creek, CA: AltaMira Press, 2002.

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Cleary, Linda Miller, and Thomas D. Peacock. Collected Wisdom: American Indian Education. Boston, MA: Allyn & Bacon, 1998. Deloria, Vine, and Daniel Wildcat. Power and Place: Indian Education in America. Golden, CO: Fulcrum Publishing, 2001. Fox, Mary Jo Tippeconnic, Shelly C. Lowe, and George S. McClellan, eds. Serving Native American Students. New Directions for Student Services 2005, no. 109 (2005): 1–104. Lomawaima, K. Tsianina, and Teresa L. McCarty. To Remain an Indian: Lessons in Democracy from a Century of Native American Education. New York: Teachers College Press, 2006. National Indian Education Association. Accessed August 9, 2014. http://www.niea.org. Shotton, Heather, Shelly C. Lowe, and Stephanie J. Waterman, eds. Beyond the Asterisk: Understanding Native Students in Higher Education. Sterling, VA: Stylus Publishing, 2013. Szasz, Margaret. Education and the American Indian: The Road to Self-­Determination Since 1928. Albuquerque, NM: University of New Mexico Press, 2003. The Carnegie Foundation for the Advancement of Teaching. “Tribal Colleges: Shaping the Future of Native America.” Princeton, NJ: The Carnegie Foundation for the Advancement of Teaching, 1989. Warner, Linda Sue, and Gerald E. Gipp. Tradition and Culture in the Millennium: Tribal Colleges and Universities. Charlotte, NC: Information Age Publishing, 2009.

chapter five

Shinnecock Early Learning/ Day Care Center Planning Project, 2011 Nitana Hicks and Haley Tuttle

Facing low scores on standardized tests in local public schools, the Shinnecock Early Learning/Day Care Center (SELDC) Planning Project seeks to change this trend. The Center’s curricula will focus on early learning stages of educational and behavioral development to better prepare Shinnecock students for public schools, and ultimately raise their standardized test scores. This document, presented to the SELDC project director and administrative assistant, is a compilation of research data with examples and explanations of curriculum content and delivery methods that may benefit the SELDC Project Planning team as it considers the design and implementation of early childhood education in the Shinnecock Early Learning/Day Care Center. The original documents, Eager to Learn: Educating Our Preschoolers, Lessons From Turtle Island: Native Curriculum in Early Childhood Classrooms, Preparing Children for a Mulitcultural World, and the Harmony and Balance lesson plan were organized into summary reports. The project director received the summary reports and original source materials for the SELDC team to review. These documents are further outlined and discussed in this report.

Overview The objective for the Shinnecock Early Learning/Day Care Center Project is to research and review early childhood curriculum content and delivery 109

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methods that are consistent with the Shinnecock cultural and educational value system. The community is primarily interested in a curriculum that facilitates a positive self-­image and builds confidence to empower young Shinnecock students. This concept delineates that the self-­confidence students acquire in early learning will support them as they progress through school and help them succeed on standardized tests. Essentially, our research sought to answer the following questions: “What are the cognitive, physical, emotional, and spiritual features of a Shinnecock person?” and “How should these desired features be addressed and reinforced in the early education setting?” During our site visit, we were able to meet with various community members and gather feedback on desired early learning content for the Center’s curriculum. In numerous focus groups with Shinnecock people, ranging from council members, to high school students, to the principal of the Southampton public elementary school (who also happens to be the school’s first Shinnecock principal), we asked them, “What are the cognitive, physical, emotional, and spiritual features of a Shinnecock person?” and “How should these desired features be addressed and reinforced in the early education setting?” The following topics were the greatest points of discussion in the focus groups: •• The Center needs curriculum content and delivery methods to promote culture-­based teachings and culture-­based values that also encourage family and community involvement. •• The Center’s curriculum content and delivery methods should focus on Shinnecock children’s emotional and psychological well-­being. •• The Center’s curriculum should emphasize healthy lifestyles and physical activity, including outdoor play and healthy eating. •• The Center’s curriculum should emphasize reading, math, and science. •• The Center’s curriculum content and delivery methods should promote healthy student-­teacher relationships.

Models of Culturally Relevant Curriculums Our goal was to provide examples of curricula that might be adapted to incorporate Shinnecock culture and values, or can incorporate other cultures to reflect the diversity within the Shinnecock community.

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Project Intersect Project Intersect was created by Ojibwe teachers and community members, in collaboration with the University of Minnesota’s Institute for Community Integration and Department of Curriculum and Instruction Art Education Program. This project aims to integrate Ojibwe culture-­ based arts learning with state and national standards-­based education, across performing and language arts, math, science, and social studies content. It was created to offer Ojibwe students an educational approach “to enhance their interest, understanding, enthusiasm, and performance” in school subjects.1 The teachers involved in this project collaborated with elders and community members to create culture-­based curriculum for an art program. The program is not exclusively art-­focused, however. For example, one lesson offered through the program, called “Three Sisters Garden: A Class Gitigaan,” teaches students about contemporary and traditional food resources for Ojibwe people. Using Thomas Peacock’s book The Good Path, as well as knowledge from community elders who are master gardeners, the lesson teaches students about gardening, seed collection, and growing cycles from a Native perspective. This lesson, and others found on the Project Intersect website, provides information that may be useful for SELDC teachers who wish to bring cultural insight into their early-­ learning classroom settings. The website’s activities were developed for kindergarten through eighth-­grade students, but the lesson plans, especially the kindergarten examples, may provide SELDC teachers with ideas for adapting their own lessons to incorporate Shinnecock culture.

Harmony and Balance The Office of Indian Education under Minnesota’s Department of Education “promotes a number of outstanding, culturally-­relevant curriculum frameworks, strategies for teachers, and training on curriculum development,” for K–12 classes.2 The curriculum emphasizes the value of American Indian culture in the classroom. One lesson that could be useful for an early learning setting is the Harmony and Balance primary lesson found on the website. Harmony and Balance is a culture-­based primary lesson plan for teaching an Ojibwe perspective of “harmony and balance” to elementary students in Minnesota public schools. The lesson plan explains that the objective of the lesson is for students to understand how an American

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Indian individual may strive to achieve harmony and balance in life, and how this process can play a “vital role in American Indian philosophy and in daily lives.”3 The lesson plan provides specific instructions for carrying out the activity in class, and may be altered from an Ojibwe perspective to describe a specific value, such as harmony and balance, from a Shinnecock perspective. The lesson plan could also be adapted, if need be, to be comprehensible to pre-­kindergarten (pre-­K) students.

Preparing Children for a Multicultural World The document “Preparing Children for a Multicultural World” is a compilation of suggestions from leaders in diversity in education, which has resulted in a six-­step process (listed and described below) for teachers to integrate the value of appreciating differences into early childhood education.4 They advocate celebrating diversity all the time, instead of celebrating particular holidays, which may lead to students feeling alienated. Some of these steps (or components of these steps) may not be relevant to the Shinnecock efforts, but they may be helpful in thinking broadly about diversity. step 1: identify your own biases.  It’s important for teachers to be aware of their own prejudices and biases in all situations. Because children learn about diverse communities from the language and actions of their teachers and parents, the way teachers interact is important. Subtle reactions to differences can send messages to children, so self-­awareness about biases helps one to think before speaking and acting. step 2: make your program reflect the children in your care.  Decorate the classroom with photos of the students and their families and community members rather than “heroes” that are abstract and beyond the reach of young students, such as Martin Luther King or Cesar Chavez. Read books and show movies that reflect their culture. Use play items like racially appropriate dolls and culturally relevant foods in the play kitchen. And finally, include activities like singing cultural songs or drawing family portraits with the appropriate colored crayons. step 3: use ‘teachable moments’ to explore diversity issues with children.  Allow students to explore and ask questions, and then introduce other ways to look at the situation. When it is necessary, be straightforward if students make inappropriate racial comments. step 4: build a partnership with parents.  Partnering with parents helps create dialogue that can facilitate the most culturally sensitive and knowledgeable environment for students. Teachers should learn as much as possible about the cultures of the children in their care, and the

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best way to do this is by asking the parents. This can be accomplished through intake forms, home visits, parent involvement at school, and frequent conversations between parents and teachers. step 5: find a way to support families’ home languages. Focus on preservation of the home language in addition to the acquisition of English. step 6: keep teaching, keep learning.  Teachers have to commit to diversity in their classrooms. They must view their jobs as advocating for children and families, and to do this, it’s critical to be knowledgeable about their lives.

Kamehameha Early Education Program The Kamehameha Schools are funded by the endowment of Princess Bernice Pauahi Bishop, and currently enroll more than six thousand students throughout the state of Hawaii.5 The Kamehameha Schools aim to produce “good and industrious men and women” and to fulfill Pauahi’s dream of creating educational opportunities and improving the capability and well-­being of Native Hawaiians. Kamehameha Schools do so by supporting development to bring up people who are: •• •• •• ••

grounded in spiritual and Christian values; intellectually, emotionally, and socially self-­reliant; resourceful, resilient, life-­long learners; equipped with the skills they need to succeed in the endeavors of their choosing; •• responsible, ethical, contributing members of their multi-­cultural and diverse communities; and •• prepared to practice and perpetuate the Hawaiian values and traditions of Ke Ali‘i Pauahi.6 In addition to these goals, the Kamehameha Schools focus on integrating Hawaiian values, including aloha, malama, pono, kuleana, laulima, and lokomaika‘i into daily life at school.

Lessons from Turtle Island: Native Curriculum in Early Childhood Classrooms Guy Jones and Sally Moomaw collaborated to create Lessons from Turtle Island: Native Curriculum in Early Childhood Classrooms. This work

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provides various examples of culturally appropriate books, games, and activities for an early learning setting. The activities strive to promote accurate and culturally sensitive environments specific to American Indian children, using American Indian images. The curriculum covers several educational aspects, including reading, math, science, and writing. The following example, taken directly from this work, discusses specific classroom materials that may help to promote reading and cultural sensitivity in an American Indian child’s early learning class environment: the good luck cat, by joy harjo, illustrated by paul lee.  Many books about American Indian peoples written for primary-­age children are set in the past, as though Indian people do not exist today. They frequently feature characters with fake Indian names, such as Bright Stars, and attempt to portray a globalized image of Native culture that never existed. The Good Luck Cat is a welcome departure from such books. Written by Muskogee (Creek) author Joy Harjo, it features a Native child of today who lost her cat. Specific aspects of her culture are clearly apparent in both the text and illustrations, such as an incident in which she locks the cat in the trunk of her car so she can sneak into a powwow. Children readily identify with the main character because many of them also have pets they love. Children also notice that the main character in the story lives in a modern home, complete with a washer and dryer. She has a loving family and goes to school, just like they do. Thus, the book successfully counters Indian stereotypes while providing a window through which the reader can see a Native family in an urban environment.7 This type of literature could be shared with early learners by teachers, as well as parents, to promote cultural sensitivity and encourage reading in the home.

Iñupiaq Curriculum Framework Iñupiaq community members from across the North Slope of Alaska came together to create a curriculum framework to better meet the needs of students in the public schools, over ninety percent of whom are Iñupiaq. To do this, they began by answering two questions: “What knowledge needs to be acquired to truly live as a healthy Iñupiaq in 2010?” and “What are the indicators of a well-­educated and well-­grounded 18-­year-­old Iñupiaq?”8 Although this case was about high school graduates, the same questions can be relevant for preschool graduates. For the purposes of the SELDC goal of cultural relevancy, the first question is most relevant. Based on the answers to this question, the Iñupiaq community members then developed a list of themes to organize their framework, most of

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which were umbrella categories for more specific themes. The following is an example of the themes developed under their Language and Spirituality umbrella category: Language and Spirituality

•• Environmental: Including food preparation and care; hunting and survival; sewing; tools; medicine and healing; environment. •• Community: Including [e]lders; celebrations and ceremonies; singing and dancing; storytelling; arts; parenting; games; relationships. •• Historical: Including unipkaat (legends); quliaqtuat (life experiences); uqaluktuat (true stories); North Slope history; modern history. •• Individual: Including creating balance; leadership; women’s roles; values and beliefs; men’s roles; naming; lifecycle.9 Once these themes were established, they then matched them with the State of Alaska’s curricular frame.

Emotional and Psychological Well-­Being The following curricular models focus on the emotional and psychological developmental needs of preschool-­aged children.

Lessons from Turtle Island: Native Curriculum in Early Childhood Classrooms Parental involvement was a reoccurring theme in nearly every research material resource, reinforcing the idea that the more parents are involved in students’ academics, the better students perform. Achievement is also linked to a student’s healthy emotional and psychological state. Thus, Lessons from Turtle Island presents specific curricular activities to address students’ emotional and psychological well-­being by emphasizing parental involvement in the “Families and Self-­Awareness” section.10 In this section of the book, children’s literature such as Less Than Half, More Than Whole by Kathleen and Michael Lacapa is presented to explore “a variety of types of families” and children from biracial or multicultural families.11 In their educational experiences and interactions with other students, children of mixed heritage may “feel left out or rejected by other children [and] may think they don’t fit into either culture.”12

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SELDC instructors may choose similar types of literature for Shinnecock students, and encourage parents to read to them at home. The exposure introduces early learners to race-­related subjects, helps them to explore their families’ cultural backgrounds, and prepares them for possible experiences with ethnic diversity in the future. In another activity from this chapter, children learn to keep a diary of family stories and events. The diaries “are a collaborative effort of parents and teachers. They serve as an important link between home and school for children.”13 SELDC instructors could encourage parents to participate in similar family diary activities. Children could either bring the diaries home, or parents could be invited to the Center to work on the diaries, adding entries such as photographs, descriptions of family traditions, or stories depicting family vacations. Family diaries can be as simple as drawings. Lessons from Turtle Island provides examples of student illustrations. In one example, a student drew a picture of each of their family members and the parents helped fill out the names. Such drawings may be added to family diaries at any time.14 Another activity that encourages parental involvement is writing letters or notes that can be sent home with the student to be filled out by parents or caretakers.15 As children work with their teachers and parents to compile family diaries, they can share them with other students in class. This type of class work encourages healthy interaction between students and their parents, teachers, and fellow classmates, and provides a positive school activity that focuses on students’ emotional and psychological well-­being.

Ute Mountain Ute Tribe: Transition of Children from Ute Head Start to Public School Kindergarten: Case Study in Schooling At-­Risk Native American Children: A Journey from Reservation Head Start to Public School Kindergarten This case study, prepared in collaboration with the Ute Tribe’s Head Start program, provided students, teachers, and parents with support for transitioning preschoolers into public school kindergarten. It identified parental involvement as a crucial component to facilitate the transition process. The SELDC team may benefit from parent participation topics reviewed in this case study. One communicative method that the Ute Head Start teachers used was to contact parents and ask them “for suggestions as to

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handling children’s behaviors,” as opposed to relying “upon the principal for intervention and disciplinary action,” which is usually the case in public school kindergarten.16 If SELDC teachers engage in this type of dialogue with parents early on, it may encourage parents to reach out to public school kindergarten teachers as well. Parent-­teacher communications may serve to inform SELDC teachers, as well as public school teachers, of any special circumstances regarding children’s behaviors or learning styles. Sharing this type of information will ultimately benefit the students and their learning environments. The Ute Mountain Ute Indian Tribe case study presents another method to prepare a student for a new public school environment: transition dialogues. This conversation happens between a parent/caregiver and the student, describing what the student may experience and what is expected of them. For example: You have to take the bus to school . . . take turns . . . there are other non-­ Indian kids . . . learn to get along . . . the teacher won’t help you tie your shoes, zip your pants . . . But, if you can’t do something, tell the teacher . . . don’t hit . . . you’ll be learning to write your names . . . you’ll learn your numbers, the alphabet, and colors.17

This type of dialogue addresses obstacles that students may encounter in public school kindergarten, and offers solutions. Similar discussions could take place between SELDC teachers and students as well. This case study emphasizes that “complete and effective communication between school and parent” must exist to encourage parent participation.18 The Ute Head Start program encourages parents to attend parent-­teacher conferences and participate in transition activities, such as meeting the public school kindergarten principal and teachers with their student. This would allow parents to “share information about [their] children entering kindergarten in the fall.”19 Public school teachers could be invited to visit the Shinnecock Early Learning/Day Care Center, and teachers from the Center could facilitate sessions to prepare parents for parent-­teacher conferences in public school. SELDC teachers could attend parent-­teacher conferences with parents at the public school kindergarten, and even hold in-­home meetings with parents and their students. This parent-­teacher relationship may encourage parents to stay actively involved in regular communication with their children about their school experiences.20

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Eager to Learn: Educating Our Preschoolers Eager to Learn was compiled by the National Research Council Staff and Committee on Early Childhood Pedagogy. This document outlines programs and models with specific areas of interest for regulating, monitoring, and emphasizing certain aspects of teacher and student performance. This document also supports the idea that parental involvement can greatly enhance students’ academic achievements. Eager to Learn states that alliances should be built between parents and teachers to track students’ progress and provide “a bridge for children between home and school” environments.21 According to the report, “Children who do well in school tend to have parents who have close relationships with teachers.”22 A healthy relationship between parents and teachers may support a healthy relationship between parents and children. Parents may be encouraged to prepare their children for public schools through simple at-­home activities, such as reading and storytelling. These educational interactions will serve to strengthen students’ academic skills. Eager to Learn offers further support for students’ emotional and psychological well-­being by outlining a program that was developed in 2000, known as the “Core Knowledge Foundation.”23 The curriculum for this program was designed to immerse preschoolers in experiences that nurture their growth and development. The curriculum addresses these five components with each student: 1. physical well-­being and motor development, movement, and coordination; 2. language development, oral language, nursery rhymes, poems, finger plays and songs, storybook reading and storytelling, [and] emerging literacy skills in reading and writing; 3. social and emotional development, autonomy, and social skills; 4. approaches to learning, work habits; [and] 5. knowledge acquisition and cognitive development, mathematical reasoning and number sense, orientation in time and space, scientific reasoning and the physical world, music, [and] visual arts.24 These five themes can be used to track students’ progress as they obtain a sense of cultural and environmental literacy. SELDC instructors could use these five areas to create their own model for tracking students as they progress through these experiences, and perhaps measure each student’s competence level in all five subjects. Tracking students’ progress

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by focusing on their academic, cultural, and personal growth and competence may help instructors to better prepare students for entering public school kindergarten. Eager to Learn also addresses the aspect of enhancing students’ psychological and emotional well-­being by using “playful activities as a method to stimulate learning.”25 The document states that allowing children time for “play” in early learning settings strengthens their social interaction behaviors. It empowers them to choose which materials they wish to play with and how they wish to interact with the other children. This experience strengthens their social competence skills.26 As Eager to Learn states, Play is described as necessary for the preschool child in that it provides them with the social and self-­regulatory skills needed for learning complex information. In addition to the cognitive features that play provides, it also provides an arena for using language or symbols to practice self-­regulation and is therefore central in the young child’s mental development.27

SELDC instructors may wish to integrate Shinnecock-­specific values and lessons into classroom “play” activities to incorporate cultural significance.

Kamehameha Early Education Program The Kamehameha preschool program includes thirty-­one sites throughout the state of Hawaii. It focuses on positive relationships with all the members of their home and school communities. These are fostered through natural conversation, social dramatic play, planned activities and celebrations, and scheduled where the whole Kamehameha community participates together.28 The curricular focus in this preschool program is on age-­appropriate skills. Teachers emphasize self-­help, self-­regulation, and other skills that children need to be able to interact socially in school, including taking care of their own bodies, expressing emotions, and paying attention and staying interested. Students also learn language, math, science, social studies, and art geared toward their age level. The Kamehameha philosophy believes that focusing on appropriate preschool goals helps children to develop naturally. Typical preschool classes include social free play to develop motor skills, coordination, and creativity, as well as promoting friendships.

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The free play aspect of the program includes make-­believe and tactile experiences where students can play with materials such as sand, potting soil, or shells, inside and outside the classroom in their Hawaiian homelands. The outside environment includes accessible natural elements, as well as balls, swings, and hula-­hoops. Developmentally appropriate activities such as these help to support children’s emotional and psychological well-­being.

Healthy Lifestyles The concept of healthy lifestyles encompasses the ideas of both nutrition and physical activity, within the classroom as well as outside in the natural environment.

Montessori Philosophy: Birth–Three Years of Age The Montessori philosophy is based on the needs, interests, and developing abilities of children. This philosophy for early education promotes the use of a few carefully chosen toys and learning tools. The lack of chaos in the classroom allows the children to explore their environment with all their senses and facilitates easy movement around the room.29

PBS Teachers SELDC instructors may want to take advantage of their students’ early age and begin exposing them to healthy eating and exercise habits. The PBS Teachers website is a helpful resource for teachers seeking curricular activities to emphasize nearly any subject for any grade. Numerous examples for teachers who wish to implement health and nutrition-­focused activities can be found under the pre-­K, health and physical education resource tabs on the website.30

Gayle’s Preschool Rainbow Gayle’s Preschool Rainbow website provides an “Outdoor Play Activity Theme” section that illustrates examples of outdoor play activities for early learning students.31

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Sharin’ with Sharron The Sharin’ with Sharron website provides examples of fun and active games that can be played in early learning classrooms to emphasize physical activity and mobility.32 Both Gayle’s Preschool Rainbow and Sharin’ with Sharron are effective in providing healthy lifestyle lesson plan ideas to SELDC teachers, but they do not offer culture-­based activities. SELDC teachers may wish to alter the activities to adapt them to Shinnecock specificity.

Reading, Math, and Science This category presents models that focus on academic preparation for kindergarten.

Eager to Learn: Educating Our Preschoolers This document provides numerous programs and models that emphasize reading, math, and science. To address reading in early learning, Eager to Learn discusses the concept of “Dialogic Reading,” which focuses on developing language skills. Dialogic reading suggests that reading interactions between adults and students should engage students in active storytelling participation, as opposed to an adult reading while the student listens.33 In dialogic reading, “the adult assumes the role of an active listener, asking questions, adding information, and prompting the child to increase the sophistication of descriptions” of the reading material.34 Eager to Learn notes that dialogic reading has beneficial outcomes in the development of children’s language skills through its fundamental process of the PEER (Prompt, Evaluation, Expansion, Repetition) sequence, explained in this description: The teacher is sitting with a group of four children. They are reading the picture book, Dibble and Dabble. In the book, two ducks, Dibble and Dabble, see what appears to be a furry snake. They alert their friends, vole, frog, fish, kingfisher, and heron. Everyone becomes frightened as they imagine that the horrible snake is chasing them. They meet a boy, Pete, who calms them down. He takes them to see the furry snake. As the furry snake begins to move behind the reeds, a cat appears. It turns out that the furry snake was only the cat’s tail. At the page in the story in which the furry thing is shown sticking out of the reeds, the teacher asks,

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“What’s this?” That is the prompt. Prompts are often questions, but can be statements or requests such as “Tell me about this page.” When one of the children responds to the teacher’s prompt by saying “grass,” the teacher follows by saying “You can say grass. It’s kind of a grass.” That is the evaluation. An evaluation involves both the teacher’s judgment about the child’s performance and feedback to the child. In this case, she is acknowledging that the children are on the right track in saying “grass” but also gently telling them that a better word is available with the phrase “It’s kind of a grass.” She immediately gives the children the information they need to improve their response. She says “It’s called reeds”; that is the expansion. An expansion is a form of feedback. It takes what the child has said and demonstrates how the answer could be improved. Even correct answers can be expanded by modeling for children how to make their answers longer or better. The teacher pauses and lets the children repeat what they have heard; that is the repetition.35 Dialogic reading provides an experience for students that incorporates language, reading, and social interaction skills. SELDC instructors could implement this type of activity in early learning classrooms to focus on these skills, and perhaps alter the activity to integrate Shinnecock culture by choosing a culturally relevant book. Eager to Learn also discusses the Right Start Curriculum, a program that concentrates on math through “a series of 30 games that can be played at a variety of levels depending on the understanding of the children playing.”36 The games are specifically sequenced so that each level is mastered by the child in this order: 1. To verbally count from one to ten forward and backward 2. To understand the one-­to-­one correspondence with which the sequence of numbers is mapped onto objects 3. To understand the cardinal value of each number (i.e., that three represents a set whose size is indicated by the number) 4. To understand the rule that relates the adjacent values (that four is a set like three but with one more added, or that three is a set like four but with one taken away) When all four understandings are mastered and integrated, the child is able to solve problems as if he or she is using a mental number line.37 The games provided in the Right Start Curriculum strengthen early learning students’ math skills and encourage cognitive engagement.

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Big Math for Little Kids is another program presented in Eager to Learn that emphasizes math skills in early learning settings for children as young as three. This program’s curriculum covers basic ideas for numbers, shapes, putting together and taking apart, spatial relations, measurement, and patterns and predictions.38 The curriculum material is systematically arranged to explore complex topics throughout the school year, and can be altered to meet the age and abilities of students. One example from the Big Math for Little Kids program describes an activity called “Bag It.” Bag It is a deceptively simple activity which the teacher begins by presenting children with a collection of plastic Ziploc baggies on which are written the numerals 0, 1, 2, 3. The teacher shows how to read the numerals written on each bag and explains that a special number of things should be placed in each. She then presents them with a collection of small objects—buttons, toy cars, miniature people, or similar objects available in the room. The first task is to place in each bag the appropriate number of objects. To do this, each child has to read the numeral on the bag, count out or otherwise determine the corresponding number of objects, carefully place them in the bag, and zip it up. After this has been done, the teacher shows them some “counting bins,” boxes on which are written the numerals 0, 1, 2, 3. The job now is to place the plastic bag in the correct bin. This requires reading and matching the numeral on each. This basic task can of course be extended to larger numbers. After a while, children become quite proud of their ability to count out tewnty or even one hundred objects in the bag.39 The Big Math for Little Kids Program encourages teachers to introduce their students to math-­focused activities and overestimate their mathematical abilities. Teachers will not know whether or not the activities are too advanced for their students’ developmental range until they have attempted them. They may even be pleasantly surprised with the results. To emphasize science, Eager to Learn presents the ScienceStart! Program. This program encourages students to explore and observe their surrounding environments and develop “mental representations of ‘the way things are.’ ”40 ScienceStart! curricula focus on coherent activities that build upon themselves. New activities are introduced each day that relate to the previous days’ lesson “so that increasingly complex skills and concepts are developed and reinforced over time.”41 ScienceStart! curricula incorporate skills that can be useful for math, social studies, and outdoor play,

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while also highlighting students’ individual learning levels. The program is advantageous for encouraging language development skills, and certain ScienceStart! activities can be completed at home with parent support.42 ScienceStart! was designed for Head Start early learning settings and could be implemented in the Shinnecock Early Learning/Day Care Center.

PBS Teachers This website provides an additional resource for teachers who wish to incorporate science into early learning curricula. The website’s pre-­K tab contains a science tab, as well as math, social studies, and language and reading arts tabs that offer examples for demonstrating these subjects in early learning class settings.43

Lessons from Turtle Island: Native Curriculum in Early Childhood Classrooms A science-­related activity from Lessons from Turtle Island that includes outdoor environments is described in the “Tree Observations” section.44 To complete tree observation activities, children are taken outside to look at trees in their environment. They can notice the insects and animals around the trees, as well as the color of leaves and bark. As the seasons change, children can record how the trees change as well. The children can predict what will happen to the trees and the outdoor surroundings based on these observations. Students can also record their predictions and observations as they learn about the seasonal transformation of trees and their environments.45 Lessons from Turtle Island presents curricula specific to math as well. The “Lost Cat Game” is a math-­focused activity based on Joy Harjo’s The Good Luck Cat.46 The “Lost Cat Game” is a simple board game that utilizes addition and subtraction to guide the players from the starting point to the end, while following The Good Luck Cat story. The game board is made of colored poster board, twenty-­two by twenty-­ two inches, and features a path made of one-­inch round stickers and trap spaces that coordinate with the story line: get stuck in the dryer, lose one turn; get chased by a dog, move ahead two spaces; fall from a tree, move back one space; get scared, run ahead three spaces; get locked in the car, lose one turn.47 This game would be an easy activity for SELDC teachers to create and implement in early learning classrooms.

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Healthy Student-­Teacher Relationships The following programs focus particularly on teachers knowing their students, understanding their abilities and disabilities, and assessing behavioral characteristics in culturally relevant ways.

Indigenous Child Project Collaborating with four First Nations governments/organizations (the Lil’wat Nation, the Laichwiltach Family Life Society, Tla’Amin [Sliammon] First Nation, and Kermode Friendship Society), Jessica Ball, at the University of Victoria in British Columbia, leads the Indigenous Child Project.48 The purpose of this participatory research effort is to combine European or mainstream concepts of child development with indigenous child development knowledge to create a more effective and culturally relevant model for these Native communities. In doing so, the participating groups can identify the culturally appropriate phases of child development and indicators of well-­being that are important to the community. This in turn can be used to create culturally relevant assessment tools, as well as protocols, for monitoring and screening in the early education environment and beyond. Ball’s research represents a true integration of mainstream and indigenous perspectives in child development. It is particularly helpful for monitoring and assessing students in culturally appropriate ways, regardless of mixed cultures represented in the teaching staff. This allows teachers to better understand and interact with their students in their early education years.

Prairie Band Potawatomi Nation: Ben-­no-­tteh Wigwam (House of the Child) The early childhood program for the Prairie Band Potawatomi Nation believes that children benefit from a comprehensive program. Potawatomi children’s educational experiences are considered as they relate to the child’s whole family. The learning environment reflects the language and culture, and parents are seen as the children’s most important teachers. “Ben-­no-­tteh Wigwam has been recognized for its high quality programs in child care and head-­start. It is nationally accredited by the National Association for the Education of Young Children and was selected as one of

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seven Native American programs in the nation to receive the prestigious Brazelton Touchpoints grants award in 2002.”49 The Potawatomi Nation’s focus of comprehensive services for preschool children both in and outside of its Head Start program facilitates the teachers’ abilities to get the services their children require. Collaborations between school agencies and health care agencies (tribal and nontribal) help to inform teachers’ knowledge of students’ needs and successfully support a mutually positive relationship between teachers and students.

Lessons from Turtle Island: Native Curriculum in Early Childhood Classrooms Healthy student-­teacher relationships are emphasized in many of the curricular activities in Lessons from Turtle Island. Activities such as family photo albums and handmade picture frames demonstrate how teachers can utilize curricula to collaborate with students and their parents in activities that build trusting and amicable relationships.50

Ute Mountain Ute Indian Tribe: Transition of Children from Ute Head Start to Public School Kindergarten: Case Study in Schooling At-­Risk Native American Children: A Journey from Reservation Head Start to Public School Kindergarten The Ute Mountain Ute Indian Tribe case study describes how a healthy relationship between teachers and parents can facilitate a healthy relationship between students and teachers. SELDC instructors could coordinate special activities with parents such as “potluck luncheons” or “kite-­flying days” to strengthen students’ relationships with their parents and teachers.51

Eager to Learn: Educating Our Preschoolers Eager to Learn addresses healthy student-­teacher relationships by discussing teaching strategies and qualifications. This report encourages teachers to “emphasize individualization” and provide “individual attention and nurturing interaction” to their students.52 The document also suggests that early learning teachers may consider holding regular meetings to discuss their students and evaluate the progress of their students’ learning experiences. SELDC teachers may also find it beneficial to meet regularly to discuss the progress of the Shinnecock Center’s students and

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effectiveness of the Center’s teachers, curriculum, and teaching and learning environment.53

Recommendations Vision and Mission Statement The SELDC project team may consider establishing a vision statement that identifies the Center’s philosophy. This philosophy should articulate the specific Shinnecock values that will serve as the foundation for the Center’s mission, including student and teacher criteria, goals, standards qualifications, and objectives. Eager to Learn discusses standards and objectives for teachers and students, stating that a program’s standards should clearly identify “the values, expectations, and outcomes of education.”54

Objective and Goals The SELDC project team may also consider collaborating to establish clear objectives and goals for the Center. As a team, SELDC teachers should delineate standards for teachers and all individuals involved in the Center. Standards can be referenced to track the progress of a program and evaluate the effectiveness of various methods for implementing program pedagogy. Standards can also serve to assess how well the Center’s team succeeds in upholding the Shinnecock values and foundations as defined in the mission statement.

Strategic Planning Model Lastly, the Shinnecock Early Learning/Day Care Center project team may consider organizing the Center’s vision and mission statements with objectives and goals into a strategic planning timeline, ensuring that goals are met and tracked.55

Conclusion The Shinnecock Early Learning/Day Care Center will be a collaborative effort between different groups within the Shinnecock Nation, as well as outside partners such as the Southampton School District and other social services. In order to work together successfully, it is important

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to choose entities that fully support the mission of SELDC, as well as Shinnecock values. After the presentation to the Shinnecock community, the authors were asked how Shinnecock, as a nation, could go about establishing its core community values. Other tribes who have done this brought together elders to discuss the things that are important to them. It was the elders who came to consensus about what it means to be one of their community. One example of tribal values comes from the Iñupiaq of the North Slope in Alaska. Their established list of twelve values include avoidance of conflict, humility, spirituality, cooperation, compassion, hunting traditions, knowledge of language, sharing, family and kinship, humor, respect for elders and one another, and respect for nature.56 Values such as these inspire unity within the community. Encouraging Shinnecock students to know and understand community values by reinforcing them in the classroom can help to develop students who embody what it is to be Shinnecock and strengthen their tribal identity.

Notes 1. James Bequett and Kelly Hrenko, “Culture Based Arts Education,” in Honoring our Heritage: Culturally Appropriate Approaches for Teaching Indigenous Students, eds. Jon Reyhner, Willard Sakiestewa Gilbert, and Louise Lockard (Flagstaff, AZ: Northern Arizona University, 2011), 97–113. Current website for the project is http:// intersectingart.umn.edu, accessed July 24, 2014. 2. “Indian Education,” Minnesota Department of Education, http://education .state.mn.us/MDE/StuSuc/IndianEd/index.html, accessed July 24, 2014. 3. “Curriculum Framework: Harmony & Balance,” American Indian History, Culture and Language, Office of Indian Education, http://education.state.mn.us /mdeprod/idcplg?IdcService=GET_FILE&dDocName=003726&RevisionSelection Method=latestReleased&Rendition=primary, accessed July 24, 2014. 4. Melia Franklin, “Preparing Children for a Multicultural World: Diversity Leaders Share Strategies for Weaving the Value of Difference into Early Childhood,” Children’s Advocate, http://childrensadvocate.org/wp-­content/uploads/2013/08/Childrens -­Advocate_1999_SeptOct.pdf, accessed July 24, 2014. 5. “About Kamehameha Schools,” Kamehameha Schools, http://www.ksbe.edu /about_us/, accessed July 25, 2014. 6. “Vision,” Kamehameha Schools, http://www.ksbe.edu/osp/StratPlan/Mission Vision.pdf, accessed July 25, 2014. 7. Guy W. Jones and Sally Moomaw, Lessons from Turtle Island: Native Curriculum in Early Childhood Classrooms (St. Paul, MN: Redleaf Press, 2002), 41. 8. Elise Sereni Patkotak, “Culture of Sharing: North Slope Leaders Forge Trail into Future,” Tribal College Journal of American Indian Higher Education 22, no. 1 (2010): 30–31.

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9. Ibid. 10. Jones and Moomaw, Lessons from Turtle Island. 11. Ibid. 12. Ibid. 13. Ibid. 14. Ibid. 15. Ibid. 16. Cheryl D. Clay, Schooling At-­Risk Native American Children: A Journey from Reservation Head Start to Public School Kindergarten (New York, NY: Routledge, 1998), 45. 17. Ibid., 143. 18. Ibid., 51. 19. Ibid., 140. 20. Ibid. 21. Barbara T. Bowman, M. Suzanne Donovan, and M. Susan Burns, eds., Eager to Learn: Educating Our Preschoolers (Washington, D.C.: National Academies Press, 2000), 179; 318. 22. Ibid., 181. 23. Ibid., 183. 24. Ibid., 183–84. 25. Ibid., 216. 26. Ibid. 27. Ibid., 218. 28. “Community-­ Based Early Childhood Education,” Kamehameha Schools, http://preschool.ksbe.edu, accessed July 30, 2014. 29. Michael Olaf, 2009, http://www.michaelolaf.net. 30. “PreK, Health and Physical Education,” PBS Learning Media, http://www .pbslearningmedia.org/search/?q=*&selected_facets=supplemental_curriculum _hierarchy_nodes%3A2806&selected_facets=grades_exact%3APreK&selected_facets =resource_distribution_type_exact%3A0, accessed July 30, 2014. 31. “Activity Central,” Gayle’s Preschool Rainbow, http://www.preschoolrainbow .org, accessed July 30, 2014. 32. Sharron Krull, “Ideas and Activities for Indoor and Outdoor Play,” Sharin’ with Sharron, http://sharinwithsharron.wordpress.com, accessed July 30, 2014. 33. Bowman, Donovan, and Burns, Eager to Learn. 34. Ibid., 196. 35. Ibid., 196–97. 36. Ibid., 202–3. 37. Ibid., 202–3. 38. Ibid., 206. 39. Ibid., 207. 40. Ibid., 208. 41. Ibid., 209. 42. Ibid. 43. PBS Learning Media, http://www.pbslearningmedia.org, accessed July 30, 2014. 44. Jones and Moomaw, Lessons from Turtle Island, 106. 45. Ibid.

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46. Ibid., 42. 47. Ibid. 48. “Indigenous Child Assessment,” Early Childhood Development Intercultural Partnerships, http://www.ecdip.org/child/, accessed July 30, 2014. 49. “Early Childhood Education Program,” Prairie Band Potawatomi Nation, http:// www.pbpindiantribe.com/early-­childhood-­education-­programs.aspx, accessed July 30, 2014. 50. Jones and Moomaw, Lessons from Turtle Island, 116–29. 51. Ibid., 49. 52. Bowman, Donovan, and Burns, Eager to Learn, 144. 53. Ibid. 54. Ibid., 278. 55. Shinnecock Nation, “Shinnecock Strategic Planning Model, 2011” (provided to authors via personal e-­mail). 56. Patkotak, “Culture of Sharing.”

chapter six

National Indian Education Association National Cultural Standards for Education, 2008 Anna Keefe and Vanessa Tantillo The National Indian Education Association (NIEA) has a long-­standing commitment to protect the cultural and linguistic traditions of American Indian students. To strengthen these outcomes, it is initiating the development of the National Native Cultural Standards for Education project. This report provides NIEA with information and insights gathered from existing cultural education standards projects, providing background support for future phases of this project. In particular, we examine the objectives and processes contributing to successes for the Akwesasne Freedom School, the Alaska Standards for Culturally Responsive Schools, the Montana Indian Education for All program, and the Native Hawaiian Guidelines for Culturally Healthy and Responsive Learning Environments. From these case studies, as well as supplementary examples, we compiled objectives and processes commonly identified as valued and effective. Common valued objectives include understanding cultural identity, language revitalization, environmental learning, and preparedness for lifelong learning and leadership. Common effective processes include adaptable, not prescriptive standards; collaborating and sharing of resources; family and community engagement; and culturally appropriate process, materials, and pedagogy. The National Indian Education Association (NIEA) was founded in 1969 and is the largest and oldest Indian education organization. The NIEA is committed to giving American Indians, Alaska Natives, and Native Hawaiians a national voice as they strive for increased access to educational 131

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opportunity. In addition, through the establishment of various committees within NIEA, members work to ensure that Indian students and educators are represented in Washington, DC. Within this movement, the Association promises to work toward “increasing educational opportunities and resources for American Indian, Alaska Native, and Native Hawaiian students while protecting [their] cultural and linguistic tradition.”

Project Description NIEA is in the preliminary stages of the development of the National Native Cultural Standards for Education project. While the specifics of these proposed standards have yet to be determined, NIEA hopes that it can learn from existing cultural education standards and the processes by which they were created. Our project, determined to be Phase I of NIEA’s efforts, was to: collect information on existing Native cultural education standards; interview individuals experienced in the process of creating these standards, highlighting common objectives and strategies; and outline considerations for further phases of this project. Further phases outlined by the NIEA include: drafting the National Native Cultural Standards; seeking national approval and dissemination; and developing Native teacher standards, including assessment. After some preliminary research using websites and available documents, we identified four projects for further investigation. We interviewed representatives from the Akwesasne Freedom School of the Mohawk Nation, the Alaska Native Knowledge Network, the Montana Indian Education for All project, and the Native Hawaiian Education Council. These initiatives are considered leaders in the field. In addition, we attended the 2008 Montana Indian Education for All Best Practices Conference in order to better understand the creation, implementation, and reception of such a project. Through keynote speeches, breakout sessions, and informal conversations, we gathered information regarding successful components of the project, as well as lessons they have learned along the way. We are very grateful to the tribal members, teachers, and organizers who shared their experiences with us. A common theme during our interviews was the need for research that focuses on the assets in American Indian communities rather than the deficits. Therefore, our research focuses on the abundant strengths and cultural wealth that communities can provide to sustain positive learning experiences for their children.

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Differing Interpretations of “Standards” When initiating conversations on the development of National Native Cultural Standards, it is important to explicitly define the word “standards.” We identified two distinct interpretations of the word currently used by governments, tribes, and organizations: (1) standardization and (2) guidelines.

Standardization The educational standards movement and the federal education policy No Child Left Behind caused some educators to initially associate the phrase “National Native Cultural Standards” with standardization. Using this connotation, standards can mean specific criteria that teachers and educators are required to meet. Failure to fulfill these standards can result in unfavorable consequences, including financial sanctions.

Guidelines Some organizations, like the Alaska Native Knowledge Network (ANKN), interpret standards quite differently. When ANKN developed the Alaska Standards for Culturally Responsive Students, standards were something close to goals or guidelines. The Alaska Standards were specifically written under the assumption that each community will adapt and mold them to best fit their needs. Rather than having prescribed goals and consequences for not meeting them, these standards symbolize a direction to aim curriculum efforts. After discussing this distinction with NIEA, we decided to use the second interpretation, standards as goals or guidelines. And throughout our research communications, it was helpful to clarify how standards were defined for this project. For this reason, we recommend that NIEA continues to explain this in future phases of their project.

Valued Educational Outcomes Our research and interviews revealed that intended outcomes for culturally appropriate American Indian education are multifaceted. The following three goals were emphasized to differing degrees depending on the community in question:

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•• Revitalization and maintenance of identity, language, and culture •• Investment in community, tribal capacity, and sovereignty •• Support for academic achievement

Example Objectives and Processes Objectives from the Mohawk Nation’s Akwesasne Freedom School

understanding cultural identity: respect for all things. At the Freedom School, students learn deep respect for all people and things from the example of their teachers. Their understanding of language and culture also teaches the students to respect their families, communities, and selves. language revitalization: immersion approach.  Learning the Mohawk language is a priority at the Freedom School, as it is the foundation for Mohawk cultural survival. The school uses a language immersion approach first initiated in 1985 as a strategy to reverse the assimilation process. Every effort is made to teach the language in a way that brings it to life, focusing on social activities and thematic applications. Students learn to make meaning with their spoken language before learning to read and write. environmental learning: connecting to the rhythm of nature.  The Freedom School places emphasis on connecting students to their natural surroundings. The curriculum is rooted in the teachings of the traditional Ohenton Karihwatekwen, or the Thanksgiving Address, which teaches about the sacred relationship with all of nature. For instance, science is taught by studying things celebrated in the Thanksgiving Address, including health and medicines, grasses, trees, animals, birds, water, wind, thunder, the sun, the moon, and the earth. In addition, students celebrate the fifteen ceremonies of the Kanien’keha:ka Aohsera, or the Mohawk Ceremonial Year. This keeps them connected to the changes in their surroundings throughout the seasons. Awareness of the environment and the skills associated with understanding it are intended to help students be good decision-­makers in the future. preparedness for lifelong learning and leadership: sound decision-­makers for the future.  Children are seen as the most important investment in the future of the Mohawk Nation. The Freedom School is designed to prepare students to be future leaders and to make sound decisions that will serve the next seven generations. The students

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are seen as future traditional leaders for their community, as well as ambassadors for peace in the world.

Process from the Mohawk Nation’s Akwesasne Freedom School

collaborating and sharing resources: relationship with quaker community.  The Freedom School places great importance on its autonomy. It avoids entering into agreements that might compromise its neo-­traditional approach, but recognizes the importance of building partnerships within and between communities. Student families provide both volunteer and financial support, and community fundraisers bring additional resources. Outside of the Akwesasne Mohawk community, the school partners with a group of Quakers who contribute and leverage funds. In addition, a small portion of its funding comes from foundations. family and community engagement: parent involvement.  The Freedom School believes that consulting the community is one of the most important parts of having a culturally grounded school. One way this is done is through a parent committee. The parent committee makes most of the important decisions for the school. While this can be problematic when parents reference the western model of education that many of them received, the Freedom School offers opportunities for parents to learn from each other. Through this process, parents are learning alongside their children. culturally appropriate process, materials, and pedagogy.  The Freedom School prioritizes funding for those things that help their students know more about themselves as Mohawks. For instance, it created a teacher-­training program designed to “retrain” teachers to be more proficient in Mohawk language and cultural traditions. Four graduates of this program are now teaching at the Freedom School.

Objectives from Alaska Standards for Culturally Responsive Schools

understanding cultural identity: including the voices of alaska natives.  In the 1990s, standardization became the state and national solution to educational reform. Unfortunately, the standards movement in Alaska did not consider the needs of Native people. Alaska Natives were not even part of the decision-­making process for standards. Many Alaska Natives, especially elders, felt that the new state documents and the content they promoted did not make for a well-­rounded education. As one Alaska Native Elder observed, “The schools are more concerned

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about preparing our children to make a living, than they are in preparing them to make a life for themselves.”1 In response to these questions, the National Science Foundation developed and funded a ten-­year project focusing on Native ways of knowing and corresponding approaches to pedagogy. These funds then created the Rural Systemic Initiative, the organization responsible for creating the Alaska Standards for Culturally Responsive Schools. preparedness for lifelong learning and leadership: a holistic approach to learning.  The State of Alaska education standards map out a destination for students, outlining what is expected of them to graduate. The Alaska Standards for Culturally Responsive Schools were created as an overlay to the state standards, promoting a well-­rounded education by focusing on the process of how students should be learning. The Culturally Responsive Schools standards represent a more holistic approach to learning by developing guidelines in five areas: students, educators, curriculum, schools, and communities.

Process from the Alaska Standards for Culturally Responsive Schools

family and community engagement: local ownership. The Rural Systemic Initiative began its standards creation process by engaging local education leaders in conversations about what changes they would like in their schools. Then it brought together elders and Native educators to redefine what education could mean in their communities. To ensure that all of the diverse cultural regions in Alaska were included, the Initiative established working groups throughout the state. While the previous government-­imposed educational standards were created from the top and filtered down to schools, the Initiative sought to create the new Alaska Standards from the bottom-­up. This process increased public support and ownership of the standards and included the needs and goals of those implementing them. collaborating and sharing of resources: utilizing concurrent indigenous research.  Another strength in the development of the Alaska Standards was the inclusion of concurrent research of indigenous cultural perspectives around the world. The Initiative also found it helpful to collaborate with other organizations going through similar processes. For instance, the language standards were created with collaboration from the Native Hawaiian Council. A few years later, Hawaiian educators created their own standards using Alaska as a model.

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adaptable, not prescriptive standards: honoring diversity.  During this development process, the Rural Systemic Initiative determined that no uniform set of standards would adequately serve the differing populations in Alaska. As could be expected, the diversity across the state led to some disagreements about educational goals. However, the Initiative found common principles and strategies. While this process was lengthy, our interviewee felt that it was one of the most valuable aspects of the standards creation because such a diverse population was able to find common ground. Participants felt that this practice of honoring diversity should continue throughout the implementation of the standards. For this reason, the Alaska Standards were specifically written to be adaptive rather than prescriptive, so that each community could mold them to fit their unique needs. culturally appropriate process, materials, and pedagogy: positive framework.  During the development phases of the Alaska Standards, participants were frustrated with the common research practice of focusing on inadequacies in the educational system. As a result, the Alaska Standards are written in positive terms. Instead of focusing on what educators should not do, they outline what a culturally responsive student, school, or educator looks like.

Objectives for Montana’s Indian Education for All

understanding cultural identity: institutional support. In 1973, Montana added a provision to its state constitution, requiring that schools ensure the preservation of the cultural integrity of state tribes. In 1999, the Montana Legislature passed House Bill 528 (or the Indian Education for All Act) into law, codifying this constitutional provision by requiring that all students in public schools learn about the tribes in Montana. The formalization of Indian Education for All (IEFA) into law helped garner support and momentum for IEFA programs. A common question raised by the public has been, “Why Indian education for all? Why not German education or Italian education for all?” When the Montana Office of Public Instruction (OPI) meets this resistance or hesitation to curriculum changes or new projects, it can refer to the state law for support. However, going through a constitutional process is not enough. IEFA finally gained the necessary funding in 2005, when Governor Schweitzer and the legislature set aside $4.4 million to fund the initiative. This funding is essential. Even in schools and areas where the program has significant support, the necessary curriculum changes and specific

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program development would have only been possible with the financial support from the state. environmental learning: place-­ b ased multiculturalism.  IEFA can be thought of as a program in place-­based multiculturalism. Emphasis is on teaching and learning specifically about Montana. Students are taught the geography of the twelve tribes located within the state, as well as their unique cultures and identities. Students are also taught the unique histories of the Native peoples alongside the state government’s perspective of the past. preparedness for lifelong learning and leadership: developing cooperative local and global citizens.  Through the process of educating Montana students about the histories and cultures of local tribes, IEFA aims to foster informed, cooperative students and educators. It is hoped that the skills and experiences gained through exposing students to the diversity in their own state will better prepare them to work and live in our increasingly global society.

Process from Montana’s Indian Education for All

adaptable, not prescriptive standards: the seven essential understandings.  The creation of the Essential Understandings Regarding Montana Indians was a relatively quick process. The OPI solicited representatives from all twelve tribes within Montana to attend an idea-­ sharing conference. Over the course of two and a half days, the group sectioned and paired-­off to determine how Montana students should learn about the tribes. Each time the group reconvened, clear themes and goals emerged. By the end of the conference, the entire group agreed on what is now known as the seven Essential Understandings. While the numbering of the understandings does not indicate priority, a few different structural setups have been suggested to facilitate the understanding of these goals. For example, to make them more accessible, an educator from St. Ignatius Schools divided the understandings into four categories: diversity, culture, history, and sovereignty. In many cases, this setup has been well received by teachers in training. Dr. Iris PrettyPaint, a citizen of the Blackfeet Tribe and keynote speaker at the 2008 Indian Education For All Best Practices Conference, offers another perspective. She suggests using a more circular diagram of the understandings, rather than a numbering or ordering system, to prevent readers from interpreting any hierarchy. collaborating and sharing of resources: partnerships with tribes and organizations.  Perhaps the biggest obstacle for getting this project underway was the significant lack of curriculum resources and

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learning materials about tribes in Montana. Especially at the elementary level, most existing resources were extremely superficial in their knowledge about Indians, or worse, contained inaccurate information. Restocking school libraries with accurate resources, and supporting educators with new materials required a great deal of interorganizational cooperation. Tribal leadership in Montana played an indispensable role in this. For instance, individual schools, such as Lewis and Clark Elementary, formed learning partnerships with local tribal elders to develop and implement new curriculum plans. In addition, Montana initiated the Written Tribal History Project, where it provided grants to the state’s tribes to develop a written transcript of their oral histories. This resource is highly valued by educators as it increased the accuracy of information. Similarly, the Western Heritage Center in Billings, Montana, developed the American Indian Tribal Histories Project, which records tribal histories through compilations of interviews with tribal members. OPI understands how valuable these tribal partnerships are and realizes that continued trust and cooperation is contingent upon respectful use of these resources. It strongly recommends that NIEA put a high value on tribal cooperation in future stages of the National Standards Project. In addition to local tribes, OPI partnered with numerous organizations and nonprofits to develop curricula and research materials. One example is its relationship with Full Circle Curriculum and Materials, a nonprofit organization founded specifically to respond to the demand (created by IEFA) for accurate resources from the American Indian perspective. Other innovative partnerships include working with organizations such as the Montana Arts Council and the Montana Department of Fish, Wildlife, and Parks. culturally appropriate process, materials, and pedagogy: teacher training and professional development.  OPI found that one of the most important parts of this project is supporting teachers and educators so they are comfortable and confident in teaching about American Indians in Montana. The 2008 Indian Education for All Best Practices Conference served as a forum for bringing together the different strategies OPI uses to engage and support teachers. The conference featured keynote speeches and workshops from individuals teaching the Essential Understandings. They shared personal experiences, highlighting ways they overcame challenges and hesitations to implementing new IEFA programs in their schools. Conference participants were given handouts listing the accurate Indian resources collected and created by OPI. They also received dozens of books, curriculum

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guides, and pamphlets specifically designed to illustrate positive examples of IEFA implementation. These materials are available from the OPI website: http://opi.mt.gov. While at the conference, we spoke with educators who take part in diverse courses and immersion experiences cosponsored by the OPI. Some teachers described their experience in a masters-­level IEFA curriculum development course at the University of Montana. Another group of teachers shared their experiences participating in a program that took monthly trips to reservations to learn from and connect with tribal education leaders and elders. Most conference attendees had participated in at least one OPI-­sponsored professional development course, trip, or seminar. The conference also generated suggestions for OPI to consider. For example, one suggestion to improve OPI’s professional development program was to include a clarification and “question and answer” session before each class, seminar, or field trip. This session would create a safe, open environment where educators could ask sensitive questions such as: What is the difference between costumes and regalia? This information could greatly support their participation in the professional development program and increase their ability to teach about a culture they may not have previously learned about. OPI recognizes that it is common to get overwhelmed and not know where to begin when implementing a new program. It encourages educators to push beyond that hesitation and begin by taking small steps, perhaps introducing one new book to the class library or incorporating one new lesson about the nearest reservation. Margaret Petty, a conference keynote speaker and teacher at Lewis and Clark Elementary, related this process to a jigsaw puzzle—“you don’t know exactly how the pieces will fit together until you begin.” Continuously learning and revising strategies can ultimately lead to a deeper understanding that can be shared with students.

Objectives from the Native Hawaiian Guidelines

understanding cultural identity: a foundation for well-­ being.  Native Hawaiian students need to be engaged in cultural learning that prepares them for making positive choices for the well-­being of themselves and others. This cultural grounding is particularly important for the Native Hawaiians experiencing poverty and homelessness. Developing their sense of identity and connecting to their place in the community are essential to helping them grow as capable and healthy people. Modeled after the structure of the Alaska Standards (see above), the Native Hawaiian Education Council created the Guidelines for Culturally

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Healthy and Responsive Learning Environments. The first of these sixteen guidelines specifically describes the goal of learning for well-­being: “Incorporate cultural traditions, language, history, and values in meaningful holistic processes to nourish the emotional, physical, mental/intellectual, social, and spiritual well-­being of the learning community that promote healthy mauli and mana.”2 language revitalization: a multi-­ g enerational approach.  Hawaiian language is essential to connecting students to Hawaiian ways of knowing and being in the world. To reverse language loss, the Pu¯nana Leo, or “Nest of Voices,”3 created multi-­generational immersion environments. Young children and their families gain language proficiency through hands-­on activities and songs, acquiring skills that can be reinforced at home. A desire to support language programs such as these is expressed in the seventh guideline from the Native Hawaiian Education Council: “Engage in Hawaiian language opportunities to increase language proficiency and effective communication skills in a variety of contexts and learning situations.” environmental learning: belonging to the land.  Hawaii is a crossroads of many cultures and ideologies interacting with each other and with the natural world. Connecting Native Hawaiian students to their sense of place and belonging to the land can support them in fostering positive relationships with diverse peoples and with the environment. This learning goal is outlined in the fourteenth guideline: “Plan for meaningful learner outcomes that foster the relationship and interaction among people, time, space, places, and natural elements around them to enhance one’s ability to maintain a ‘local’ disposition with global understandings.” preparedness for lifelong learning and leadership: looking toward future generations.  Native Hawaiian students must combine traditional values and global life-­skills in order to succeed. Their commitment to learning from past generations should help them to be effective contributors to a more peaceful society. But, their education must also prepare them to help the next generation honor themselves. The fourth guideline pertains to this goal: “Instill a desire for lifelong exploration of learning, teaching, leading, and reflecting to pursue standards of quality and excellence.”

Process from the Native Hawaiian Guidelines

family and community engagement: sharing ideas, reaching out.  The guidelines are meant to be inclusive of all Hawaiian communities in both the creation and implementation phases. Thirty-­two

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hearings were held to gather the knowledge and ideas of the people, and compile them into the Guidelines for Culturally Healthy and Responsive Learning Environments. Allowing at least two years for this process to take place showed the importance of sharing of ideas. The resulting guidelines are meant to reach out to all people in Hawaii. adaptable, not prescriptive standards: accessible for diverse applications.  The original sixteen Hawaiian guidelines lend themselves to adaptation for various purposes, including the support of curriculum design and policy formation. For instance, one group of teachers and administrators found it useful to condense the sixteen guidelines into seven cultural pathways. collaborating and sharing of resources: complementary approaches.  The promotion of culturally appropriate learning in Hawaii is a collaborative effort between invested parties, including the Office of Hawaiian Affairs, the Department of Education, and Kamehameha Schools. It is considered imperative that Native Hawaiian children learn to navigate between complementary traditional and global systems. In light of this, the movement for culturally appropriate education focuses on enhancing the public school system through partnerships rather than the creation of a separate system. The groups involved also place importance on sharing best practices and lessons learned with other Native American groups. They have exchanged information with numerous tribes and groups, including the Navajo Nation, the Blackfeet Nation, and Ojibwe and Anishinabe groups. This type of collaboration is considered essential to creating change on a national and international scale. culturally appropriate process, materials, and pedagogy: clear learner outcomes and supported teachers.  Desirable learner outcomes should be clearly defined to create programs with direction and support systems for student progress. The guidelines address this by including specific understandings that learners should be able to exhibit based on their exploration of each cultural topic. Educators also need a solid understanding of the cultural standards they are teaching. Since teachers can feel overwhelmed by the movement to reclaim Native Hawaiian culture, teacher training programs were developed to help them connect to cultural traditions. In addition, there is a movement in Hawaii to grant teaching licenses to cultural practitioners, such as storytellers or community liaisons. This would provide the classroom teacher with a support team of knowledgeable and skilled community members.

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Additional Examples For Further Investigation Cherokee Nation To support its mission to “develop and support comprehensive social, educational, and employment programs for Cherokee People,”4 the Cherokee Nation Education Division employs a number of innovative programs and strategies. For example, the Cherokee Nation Education Corporation is a nonprofit organization under the Division’s umbrella created to provide educational assistance to Cherokee tribal members and to revitalize the language, history, and culture of the Cherokee people. Within these priorities, the Nation gives more focused support for older students through its Cherokee Nation Higher Education Program, which is structured to strengthen sovereignty, increase citizen capacity, and promote language and culture. For younger students, the Nation runs a cultural day camp, where kindergarten through fourth grade students can learn about Cherokee history, art, music, games, and crafts. In addition, youth can participate in the Youth Tribal Council. Established in 1989, this council is modeled after the traditional council and allows tribal citizens aged sixteen to twenty-­two to elect its own members, create its own bylaws, and implement its own youth-­t argeted programs.

Mississippi Band of Choctaw Indians The Mississippi Choctaw are commonly looked to as an example of economic achievement. Currently, the tribe is the second-­largest employer in the entire state of Mississippi. Education has been a foundation for Mississippi Choctaw’s economic development. In the 1960s and 1980s, the tribe underwent a complete educational reform. During this time the tribe instated its own superintendent and created its own educational content standards. It also identified the skills most needed on the reservation and initiated an adult education program that offered classes in topics such as family life, thrift and economy, and environmental preservation. At the same time, the tribe supported younger Choctaw students by opening a youth rehabilitation center. The belief that learning can and should be supported at all stages of life was central to Mississippi Choctaw’s economic revival. Some of its educational success can also be seen through cultural aspects, such as language revitalization. Today over 85 percent of the tribe speaks Choctaw as their first language.

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International Examples Canada The Aboriginal Education Provincial Advisory Committee of Saskatchewan works extensively in Regina Public Schools and beyond. It seeks to provide support for teachers who value the integration of Aboriginal and Métis content and perspectives in their classrooms. The Education Coordination Unit from the Chiefs of Ontario makes it a priority to define and work toward First Nations–specific quality education. In this effort, it commissioned the writing of The New Agenda: A Manifesto for First Nations Education in Ontario. First Nations people from across Canada carried out the process, including the views of elders, parents, youth, educators, and experts.

New Zealand The majority of Maori students in New Zealand are enrolled in public schools that do not take their unique perspectives and needs into account. In response, a tribally specific cultural standards project was developed by the Nga¯ ti Kahungunu Iwi. This project aims to enhance the public school system for Maori students by infusing localized indigenous content and perspectives. The developers of these cultural standards borrowed some key ideas from the Alaska Standards such as: using clear learner outcomes; emphasizing the importance of place-­ specific language and cultural knowledge; and adapting standards to local circumstances. While gaining inspiration from the Alaska Standards, the project plan was developed from a kaupapa Maori perspective. It also recognizes that successful implementation depends on the dedication of predominantly non-­Maori educators and those who offer the educators training, support, and resources.

Considerations As NIEA continues with further phases of the National Cultural Standards project, we offer the following considerations: •• Consider multiple conceptions of culturally appropriate educational achievement. These can include revitalization and maintenance of identity, language, and culture; investment into community, tribal capacity, and sovereignty; and support for academic achievement.

Figure 6.1.  Common Objectives in Cultural Education.

Figure 6.2.  Common Processes in Cultural Education.

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•• Be mindful of pre-­existing agreements and systems, and take care when building on work that has already been done. •• Be aware of cultural differences across tribes in the United States and strive for a process and product that reflect this diversity.

Recommendations Drawing from the common objectives and processes of the aforementioned examples, the following suggestions may be useful for the National Cultural Standards Project: •• Avoid prescriptive standards; instead keep the focus on guiding principles that can be appropriately adapted by communities and individuals. •• Establish partnerships for support and resources. •• Emphasize the role each community has in creating, interpreting, and implementing these principles. •• Maintain Indian ownership at all phases of the project.

Figure 6.3.  Recommendations for NIEA to Consider.

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We are very grateful to those who provided guidance and support during this project, and hope that the information and suggestions gathered will prove useful to NIEA and the National Native Cultural Education Standards project.

Notes 1. Alaska Native Knowledge Network, accessed March 2, 2012, http://www.ankn .uaf.edu. 2. “Table of Native Hawaiian Education Council Hawaii Guidelines for Culturally Healthy and Responsive Learning Environments,” Native Hawaiian Education Council, accessed March 2, 2012, www.healthhi.hawaii.edu/Curriculum/general _files/Table_NH_Values.doc. 3. Edwards, Shane, “He Kohinga Korero—Framing the Word, Framing the World” (unpublished literature review), Te Wananga o Aotearoa, New Zealand, 2004. 4. Cherokee Nation, accessed March 2, 2012, http://www.cherokee.org/Services /Education/Default.aspx.

Bibliography Akwesasne Freedom School. Accessed March 22, 2012. http://pages.slic.com/mohawk na/freedom.htm. Alaska Native Knowledge Network. Accessed March 2, 2012. http://www.ankn.uaf.edu. American Indian Higher Education Consortium. Accessed March 2, 2012. http:// www.aihec.org. Barnhardt, Ray, “Culturally Responsive Schools for Alaska Native Students: A Model for Social Justice, Peace and Environmental Education” in Social Justice, Peace, and Environmental Education, edited by Andrzejewski, Julie, et al., New York, NY: Taylor & Francis, 2009. Cherokee Nation. Accessed March 2, 2012. http://www.cherokee.org/Services/Educa tion/Default.aspx. Chiefs of Ontario, Resolution 05–21—Adoption of “The New Agenda: A Manifesto for First Nations Education in Ontario,” 2005. Cornell, Stephen, and Joseph P. Kalt. “Sovereignty and Nation-­Building: The Development Challenge in Indian Country Today.” American Indian Culture and Research Journal 22 no. 3 (1998). Edwards, Shane. “He Kohinga Korero—Framing the Word, Framing the World” (unpublished literature review), Te Wananga o Aotearoa, New Zealand, 2004. The Harvard Project on American Indian Economic Development. The State of Native Nations: Conditions Under U.S. Policies of Self-­Determination, (New York, NY: Oxford University Press, 2008), 199.

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The Harvard Project on American Indian Economic Development. Honoring Nations. Accessed March 23, 2012. http://www.hks.harvard.edu/hpaied/hn_main.htm. The Indian and Métis Curriculum Advisory Committee. “Guidelines for Integrating Indian and Métis Content and Perspectives in Curriculum Documents.” In Indian and Métis Resource List for K–12 (Saskatchewan Education, Training and Employment, March 1994). Accessed March 23, 2012. http://www.saskschools.ca/~ aboriginal_res. Jorgensen, Miriam R. (ed.). Rebuilding Native Nations: Strategies for Governance and Development (Tucson, AZ: University of Arizona Press, 2007). Kawagley, Oscar. “A Native View of Culturally Relevant Education: An Invited Essay.” In Arctic Research of the United States (Washington, DC: Spring 1992). Mississippi Band of Choctaw Indians. Accessed March 5, 2012. http://www.choctaw .org/government/education.htm. Montana Office of Public Instruction. Accessed March 22, 2012. http://opi.mt.gov /IndianEd2. “The New Agenda: A Manifesto for First Nations Education in Ontario (2005).” Chiefs of-­ ontario.org/PageContent of Ontario. Accessed March 5, 2012. http://chiefs-­ /Default.aspx?SectionID=2&SectionHeadlineID=24. Reyhner, Jon. “American Indian/Alaska Native Education: An Overview.” In American Indian/Indigenous Education (Northern Arizona University, 2006). Accessed March 22, 2012. http://jan.ucc.nau.edu/~jar/AIE/Ind_Ed.html. Schmid, Hal. Developing Exemplary Indian-­Education-­For-­All Curricula (Helena, MT: Montana Office of Public Instruction, 2008). Starnes, Bobby Ann. “Montana’s Indian Education for All: Toward an Education Worthy of American Ideals.” Phi Delta Kappan 88 no. 3 (November 2006). “Table of Native Hawaiian Education Council Hawaii Guidelines for Culturally Healthy and Responsive Learning Environments.” Native Hawaiian Education Council. Accessed March 2, 2012. www.healthhi.hawaii.edu/Curriculum /general_files/Table_NH_Values.doc. Tomlins-­Jahnke, Huia. “The Place of Cultural Standards in Indigenous Education.” MAI Review 1 (2008). Accessed March 5, 2012. http://www.review.mai.ac.nz/index .php/MR/issue/view/9. Venegas, Kerry R. “The Two-­Plus-­Two-­Plus-­Two Program: Building an Educational Bridge to the Future for the Youth of the Hopi Tribe from High School to College and Beyond.” The Harvard Project on American Indian Economic Development, November 2006.

part four

Governance

Introduction to Projects on Governance The Native American resurgence of the last thirty to forty years often goes unnoticed in the public at large. More than anything else, this reflects mainstream ignorance and stereotyping that drown out the small voice that Native people have in national and international affairs. Strengthening Native cultures and having them seen, building affirmative indigenous identities and having them recognized, and remaking tribal communities and having them taken seriously as “players” are no easy tasks when the Native population makes up only about 1.5 percent of the U.S. population. Yet, under the U.S. federalist political system, federally recognized American Indian tribes are local sovereigns in much the same way the fifty states are. Indeed, tribes are recognized as such in the Constitution, by a multitude of treaties, through scores of historical and contemporary federal court decisions, and in decades of congressional legislation. The vast majority of federally recognized tribes today operate under their own written and/or traditional constitutions. They make and administer local law in their own legislatures, settling disputes and protecting public safety with their own courts and law enforcement, collecting taxes and using the revenue to provide community infrastructure and services, regulating business and protecting the environment under standards often tighter than federal requirements, and standing up for concrete recognition of tribal sovereignty in arenas of conflict and cooperation with other—i.e., local, county, state, and federal—governments. In fact, the Native resurgence in recent decades has been as much about building the

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legal, administrative, and managerial capacity to self-­govern as it has been about asserting Native identity and culture. In some ways, Native nations today are in a race. Example after example teaches that effective self-­government is indispensable to strengthening the social, cultural, familial, personal, and economic fabrics of tribes. Without a stable rule of law according to local indigenous standards, without the leadership and administrative capacity to make, implement, and enforce collective community decisions, everything else seems to fall apart. The language program at the high school cannot be sustained when teachers’ jobs are political currency; the tribal business venture turns belly-­up when contracts are not enforced; teenagers drop out and drift away when job prospects and living conditions are bleak; and ill health born of community strife recycles itself when the tribe cannot get its act together to clean up the streams or take over the old federal health clinic. The challenge for tribes in the current era is to get out ahead of these stubborn problems by enhancing their abilities to govern. Encouragingly, the steadily growing number of successes in this endeavor says that the race can be won.1 As they undertake true self-­governance, most tribes today are starting from positions of deficit—institutional deficits, education and experience deficits, and financial deficits. The long history of some other government—usually in the form of federal authorities—running that other government’s programs left a legacy of institutional dependency: The personnel policies were inherited from those required to comply with federal programs; the budgeting practices were learned by a tribal accounting department that administered federal or state grants; even self-­conceptions of what it means to be on tribal council is often built on the key precept of managing the federal interface to maximum tribal advantage. Consequently, undertaking true self-­government often means starting from the ground up to build systems and people that, in fact, can and do exercise tribal ownership of tribal government. The consequence of our work is more or less continuous requests for assistance in the building of basic governmental capacity. Student efforts on behalf of tribal clients in this regard have ranged from designing public safety commissions and research in support of tribal constitutional reform, to pro-­and-­con assessments of taxation policies for tribes and inventories of what laws and regulations tribes have on the books, and what they are missing. Here we provide two projects that illustrate the form and substance of the work tribes face in building their basic governing capacity. In “Planning for Self-­Governance at Ohkay Owingeh,” Ross Bloom and Deborah Lightman responded to the request of Ohkay Owingeh Pueblo’s

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Planning Department for a strategic planning framework for its Self-­ Governance Task Force. With organizational leadership from the Task Force, the Pueblo is transitioning to official “self-­governance” status in its relationship with the U.S. federal government. This frees up the Ohkay Owingeh government to design and redesign programs according to the Pueblo’s own priorities and procedures. Somewhat like a state government receiving federal funds as block grants, self-­governance status also gives the tribal government greater flexibility in the allocation of program funding. The Ohkay Owingeh Self-­Governance Task Force is thus charged with helping to chart a successful transition in the core functions of the Pueblo’s government. Bloom and Lightman provide tools for the Task Force and the broader community to consider as they push ahead. The authors set out the widely used SWOT (Strengths, Weaknesses, Opportunities, and Threats) framework for strategic planning. Working with the Planning Department and other leaders and officials of the Pueblo, Bloom and Lightman adapt the SWOT approach to the expressed needs and challenges of Ohkay Owingeh. In doing so, they provide models, including examples used successfully by other tribes, for such tasks as truly engaging the community and getting their input into the planning process, thickening the tribal government’s legal and administrative infrastructure, and assessing the roles and responsibilities of leaders and managers under self-­ governance status. Reflecting the core principle that the ultimate goal is Ohkay Owingeh self-­governance, Bloom and Lightman assist in identifying issues and questions, but they leave the answering to Ohkay Owingeh. The second project in self-­governance presented here grows out of the arbitrariness of international borders when it comes to tribal histories, polities, and cultures. In “Akwesasne Mohawk Nation: Investigating Barriers and Opportunities for Joint Law Enforcement and Judicial Systems Across Borders and Communities,” Alexia De Vincentis and Kate Jordan respond to a request for assistance from the Saint Regis Mohawk Tribe of New York. A federally recognized U.S. tribe, the Saint Regis Mohawk Tribe focuses considerable resources and nation-­building efforts on the development of its own police force and court system. At the same time, immediately across the U.S.-­Canada border, the Mohawk Council of Akwesasne is engrossed in similar nation building of its own, acting as a recognized First Nation under Canadian federal policies to institute its distinct law enforcement and adjudication systems. The international border that now divides the Mohawks was not of their own making, and the St. Regis Mohawk Tribe has initiated efforts to explore opportunities and obstacles to possible future cross-­ border

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integration of Mohawk police and justice systems. For De Vincentis and Jordan, this meant research across a wide array of substantive areas. Some of these are formalistic, such as the harmonization of codes and training requirements. Others are cultural and procedural, including the forms and forums necessary to assess and foster support for exploring of options for integration between the two Mohawk communities and between those communities and their neighboring local, state/provincial, and federal governments. While the research here is specific to the Mohawk context, the concerns and options raised affect many Native communities along both the U.S.-­Canada and U.S.-­Mexico borders.

Notes 1. “Honoring Nations,” The Harvard Project on American Indian Economic Development, accessed July 24, 2014, http://hpaied.org/honoring-­nations/about-­honoring -­nations.

Related Readings in Governance Cornell, Stephen, and Joseph P. Kalt. “Cultural Evolution and Constitutional Public Choice: Institutional Diversity and Economic Performance on American Indian Reservations.” In Uncertainty and Evolution in Economics: Essays in Honor of Armen A. Alchian, edited by John Lott. London and New York: Routledge, 1997, 116–42. The Harvard Project on American Indian Economic Development. “Tribes as Nations.” In The State of the Native Nations: Conditions under Federal Policies of Self-­ Determination. New York: Oxford University Press, 2008, 15–92. Hicks, Sarah, and John Dossett. “Principled Devolution.” Washington, DC: National Congress of American Indians, 2000. Jorgensen, Miriam R., ed. Rebuilding Native Nations: Strategies for Governance and Development. Tucson, AZ: University of Arizona Press, 2007. Lemont, Eric D., ed. American Indian Constitutional Reform and the Rebuilding of Native Nations. Austin, TX: University of Texas Press, 2006. Wilkins, David E. American Indian Politics and the American Political System. Lanham, MD: Rowman & Littlefield, 2002. Wilkinson, Charles. Blood Struggle: The Rise of Modern Indian Nations. New York: W. W. Norton & Company, 2005.

chapter seven

Planning for Self-­Governance at Ohkay Owingeh, 2010 Ross Bloom and Deborah Lightman

The transition to “self-­governance” is an exciting opportunity for Ohkay Owingeh Pueblo to improve the government’s ability to respond to tribal needs. In the past, federal government funding was directly tied to specific departments and program requirements. Under self-­governance, the tribal government will be able to reallocate funding according to its visions and priorities. For many tribal governments, the transition to self-­governance represents an important affirmation of their sovereignty and has been followed by notable improvements in efficiency, accountability, and program delivery. However, these improvements do not happen overnight or automatically. Successful transition to self-­governance requires careful preparation. The Ohkay Owingeh tribal government is undertaking strategic planning in advance of its transition to self-­governance. Strategic planning can help organizations respond effectively to new situations, improve performance, and clarify future directions. Because of these benefits, strategic planning can be a valuable tool in preparation for the changes associated with self-­governance. One component of strategic planning is a strengths, weaknesses, opportunities, and threats (SWOT) analysis. SWOT analyses help identify key issues that may impact an organization today or in the future, while providing leadership and staff an opportunity to develop strategies to address them. As part of Ohkay Owingeh’s strategic planning process, the current report uses a SWOT analysis as the basis for discussing Ohkay Owingeh’s transition to self-­governance. The purpose of the report is to help the tribal government think about its current strengths and weaknesses in light of the 153

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opportunities and threats associated with the transition to self-­governance. However, this SWOT analysis is by no means comprehensive, nor can we guarantee that it is entirely accurate; our description of strengths and weaknesses is based on a two-­day site visit to Ohkay Owingeh (in March 2010) and interviews with twenty-­five members of the tribal government. Rather, this SWOT analysis and the associated recommendations are intended to serve as a starting point for further questions and discussion. Ohkay Owingeh Pueblo recently received the exciting news that it was approved for self-­governance status. Self-­governance entails a fundamental change in the tribe’s relationship with the federal government as it enables a tribe to affirm its sovereignty in new ways. Implementation of self-­governance at Ohkay Owingeh will begin after negotiations in October of 2010, and it presents an opportunity for many improvements in tribal programs and services. However, improvements do not happen automatically. As in any government or organization, successful adaptation to change will require careful preparation. The Ohkay Owingeh tribal government is undertaking strategic planning in advance of its transition to self-­governance. This document was prepared as part of this strategic planning process, at the request of the Ohkay Owingeh Planning Department. It lays out a SWOT analysis of the current tribal government activities with relation to the transition to self-­ governance. We synthesized ideas presented during interviews with tribal government employees and from outside research. The SWOT analysis provides options for further planning activities and approaches the tribe can use or discard according to what makes sense given the Pueblo’s present situation. We hope this document will serve as a tool for the tribe to use as it approaches the larger questions that accompany the transition to self-­governance.

Research Methods The first part of our research was based out of Cambridge, Massachusetts. Members of the Ohkay Owingeh’s Self-­Governance Task Force sent us many documents related to the tribe’s structure, planning process, and efforts toward self-­governance. In addition, we conducted Internet research to familiarize ourselves with the intricacies of self-­governance and related policies. Through Harvard University libraries, we found more

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information about the Ohkay Owingeh Pueblo and about other tribes’ experiences with self-­governance. Our research expanded greatly during our visit to Ohkay Owingeh in March, when we interviewed twenty-­five tribal government officials, including department heads, administrators, and councilmen. These conversations provided most of our knowledge about the current issues and strengths within the tribal government. After completing background research and a site visit, we began synthesizing the information into the SWOT analysis process. This analysis was first presented to the tribe in our presentation on April 20, 2010.

Introduction to Self-­Governance Self-­governance is a different way for tribes to operate their programs and relate to the federal government. The policy itself comes out of the 1975 Indian Self-­Determination and Education Assistance Act and 1994 Self-­ Governance Act, including the 2000 Amendments. Benefits and characteristics are discussed briefly below.

Self-­Governance Entails a Political Paradigm Shift It recognizes the following: •• Federal oversight and management of programs in tribal communities resulted in a “one size fits all” approach that does not serve tribes in the best way. •• American Indian tribes, as sovereign nations, should control the way services are provided to their citizens.

Self-­Governance Places Decision-Making in Tribal Hands •• During negotiations, tribes and the federal government bring together funding for all tribal programs with federal counterparts under one “lump-­sum” payment. •• Unlike federal management or contracting under Public Law 93-­ 638, the tribal government decides how the money that it receives for each fiscal year will be distributed to its various programs.

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•• Self-­governance decreases federal bureaucracy in the Bureau of Indian Affairs (BIA) and the Indian Health Service (IHS), thereby making more funding available for tribes directly. It also removes the quarterly federal reporting requirements that often impede effective tribal program operations.

Self-­Governance Strengthens Tribal Planning and Management Capacities “By placing Tribes in decision-­making positions, Self-­Governance vests Tribes with ownership of the critical ingredient necessary to plan our own futures: information. At the same time, Self-­Governance has provided a generation of Tribal members with management experience beneficial for the continued effective stewardship of our resources.”1

Self-­Governance Allows for Flexibility “Self-­Governance allows Tribes great flexibility when making decisions concerning allocation of funds. Whether managing programs in a manner consistent with traditional values or allocating funds to meet changing priorities, Self-­Governance Tribes are developing in ways consistent with their own needs and priorities, not those of a monolithic federal bureaucracy.”2

Self-­Governance Affirms Sovereignty “By utilizing signed compacts, Self-­Governance affirms the fundamental government-­to-­government relationship between Indian Tribes and the U.S. Government. It also advances a political agenda of both the Congress and the Administration: namely, shifting federal functions to local governmental control.”3

Self-­Governance is Hard Work “Self-­Governance is government and performing the functions of government is hard work. During the first eight years of self-­governance, the Hoopa Tribe adopted over 40 ordinances, including a legislative procedures act and a budget ordinance to make our government more efficient and accountable. Today, tribal ordinances total over 70. We added to and improved our governmental capabilities.”4

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Introduction to Strategic Planning and SWOT Analysis One of the most important components in the transition to self-­governance is the planning process. Strategic planning is particularly valuable because it can help organizations clarify future directions and respond effectively to new situations. Ohkay Owingeh is undertaking strategic planning in advance of its transition to self-­governance. The SWOT analysis in the current report is a part of the tribe’s strategic planning process.

What is Strategic Planning? Strategic planning helps organizations respond effectively to new situations. It is an effort to produce decisions that direct an organization’s future activities. It can be used by both private-­sector and public-­sector organizations. At its most basic, strategic planning is a series of discussions about what is truly important for an organization. It involves clarifying an organization’s mandates, values, and missions. It often includes assessment of current strengths and weaknesses and analysis of future opportunities and threats (SWOT analysis). Most importantly, it involves developing strategies and action plans to improve the effectiveness of an organization in fulfilling its mission and mandates. There are many benefits of strategic planning. These include helping governments to: •• •• •• •• ••

Clarify future directions Develop a coherent and defensible base for decision-­making Improve performance Deal effectively with rapidly changing circumstances Build teamwork and expertise

However, the strategic planning process will only produce these benefits if leaders and employees are willing to invest time, attention, and resources into making it work.5 Scholars also discuss more specifically what it takes to succeed with strategic planning. For example, John Bryson highlights the importance of the following:6 •• A strategic planning team •• An expectation that there will be disruptions and delays

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•• A willingness to be flexible about what constitutes a strategic plan •• An ability to pull information and people together at key points for discussion

What is SWOT Analysis? The SWOT analysis is a commonly used tool in strategic planning. Its purpose is to diagnose the internal attributes and external conditions that affect an organization’s ability to fulfill its mission, mandates, and objectives. SWOT analysis involves identifying strengths and weaknesses (internal) and opportunities and threats (external). The results help organizations identify the “strategic issues” they face. After pinpointing these major issues, organizations can develop strategies and action plans that capitalize on their strengths and overcome their weaknesses. Although the SWOT analysis tool is valuable, users should be aware of the following weaknesses:7 •• The SWOT analysis often produces a long list of factors without any prioritization. •• Factors are often poorly described or described only in general (and meaningless) terms. •• Factors are rarely subject to verification. •• The SWOT analysis often is not used in the subsequent planning.

Figure 7.1.  Elements of SWOT Analysis.

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SWOT Analysis and Self-­Governance at Ohkay Owingeh It is important to note that our SWOT analysis is not comprehensive. Rather than attempt to diagnose all of the strengths and weaknesses of each department and of the government as a whole, we focus on major issues that seem to cut across departments. These strengths and weaknesses also seem most likely to influence the effectiveness of tribal government under self-­governance. Similarly, we do not examine all of the opportunities or threats that may arise from socio-­economic, political, and demographic changes in the tribe, New Mexico, or the United States. Instead we focus on the opportunities and threats to the tribe that stem directly from the transition to self-­governance. Our SWOT analysis thus asks the following questions: •• What tribal government strengths can be capitalized on to seize opportunities and overcome threats associated with self-­governance? •• What additional resources and capabilities are required to seize opportunities and overcome threats associated with self-­governance? In the future, Ohkay Owingeh may want to review the strengths and weaknesses of each individual government function, department, and program. It may also want to conduct a comprehensive analysis of additional opportunities and threats that may arise from social, economic, demographic, political, and environmental conditions. The tribal leadership can develop procedures and assign responsibilities for accomplishing this. Although outside consultants are certainly an option, Frances Berry and Barton Wechsler conclude that SWOT analyses are most effective when conducted by those directly involved; the diagnosis process helps individuals to understand and address key issues.8

Results of the SWOT Analysis In the following sections, we outline the primary strengths, weaknesses, opportunities, and threats that may affect Ohkay Owingeh’s transition to self-­governance. It is important to note that while the SWOT analysis formula looks at issues in terms of “positives” and “negatives,” many characteristics inherently have both positive and negative sides. For instance,

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it is a strength for the tribe to have experienced staff members, but this can also become a weakness if the tribe becomes overly reliant on these experienced individuals. This is especially true if there is no process for gathering the knowledge and information they possess so that others can access it. Tribes often experience this weakness when a department director with a lot of institutional memory retires and no one is properly trained to fill their position. The outcome depends on how the tribe capitalizes on a given characteristic or issue. As tribal leaders consider the issues we bring up, we encourage them to think about how strengths and weaknesses or opportunities and threats may in fact be two sides of the same coin. This may help identify how to capitalize on the strengths and address the weaknesses in the planning process. In addition, be aware of the following supplements to the results of the SWOT analysis.

Strength and Weaknesses The section on strengths and weaknesses is organized according to five crosscutting themes that emerged in multiple conversations about areas that may affect the tribe’s ability to establish and achieve objectives under self-­governance. The themes are: •• •• •• •• ••

People Information Technology and Management Communication Citizen Engagement Goals and Standards

As mentioned previously, this SWOT analysis is by no means comprehensive, nor can we guarantee that it is entirely accurate. In particular, our description of strengths and weaknesses is only based on two short days at Ohkay Owingeh in March and interviews with twenty-­five members of the tribal government. We encourage the tribe to take our characterization of strengths and weaknesses as a starting point for self-­evaluation.

Theme 1: People

strength and weakness 1: Experienced staff/knowledge held by individuals. Many of the department heads have worked for the tribe for many years or decades. This experience helps them navigate the tribal

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government bureaucracy and make departments run more smoothly. However, departments may face difficulties in transferring this critical knowledge to future leadership. In some departments, there is no clear successor, nor is there an identified way of codifying this knowledge so that it can be accessed by others. strength and weakness 2: Large emphasis on education/few incentives to bring back educated tribal members. Through its support of youth programming and education, the tribe places a high priority on enabling youth to achieve their potential. However, Ohkay Owingeh faces the challenge of recruiting talented tribal members to work in tribal government, as many opt to work at higher paying jobs elsewhere. In addition, we heard that the tribe does not communicate with tribal members who graduate from college, preventing educated tribal members from using their education for the betterment of the tribe. strength and weakness 3: Staff dedication to tribal community/lack of positive reinforcement for tribal employees. Tribal employees emphasized that their dedication to the community is their primary motivation for working in tribal government. (Like in any organization, this is not necessarily true for all employees—some may be solely motivated by pay.) However, there is no system of positive reinforcement, either monetary or nonmonetary, for high quality of work. Over time, this may lead to frustration, dissatisfaction, and decreased motivation. strength and weakness 4: Staff motivation to gain new skills/barriers to training and personnel development. Staff members expressed interest in learning new skills to improve the work they do. However, barriers to personnel development range from cost and lack of transportation to lack of technological equipment for staff to use.

Theme 2: Information Technology and Management

strength and weakness 1: Increasing use of IT and databases in some departments/paper record systems hinder timely access to documents. In certain departments, employees store information in searchable computer databases that save time and money, while also protecting records from being lost. They describe the improved personalized services they can provide through these systems. However, many departments still use vulnerable paper record systems that make it difficult to access information in a timely fashion. strength and weakness 2: Increased wireless coverage for tribal citizens/lack of website for government and departments. The IT department is creating a wireless network for the Pueblo to increase access to the

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Internet. This may encourage more tribal citizens to use the Internet to access tribal information. However, there is no website for the tribe itself (there is a website for the tribe’s casino). A website could alleviate the current difficulty in relaying information to the community about policies, plans, activities, and events. strength and weakness 3: Increased availability of funding for IT and training/inadequate human resources to meet all tribal IT needs. Ohkay Owingeh recently received funding to improve IT equipment and training. However, a shortage in IT capacity is preventing the tribe from taking on larger IT projects (such as databases, websites, etc.) that meet tribal government needs. strength and weakness 4: Adoption of program-­specific IT systems by many departments/no overall plan for use of IT systems in tribal government. Tribal programs at the Pueblo use IT in their daily operations on an individual level. However, there is no plan that prioritizes how IT capabilities will be developed at the Pueblo as a whole. This means the IT department performs tasks based only on present-­day priorities, which in turn contributes to dissatisfaction within the tribal government about the activities of the IT department.

Theme 3: Communication

strength and weakness 1: Established system for communication between tribal council and departments/access to tribal council varies by department. There is a clear system in place that dictates how and when issues are presented to Ohkay Owingeh’s tribal council. However, because the tribal council only has limited time to meet and make critical decisions for the tribe, there is not time to fully hear the concerns and issues of each department. Rather, certain departments present during each tribal council meeting, while others appear infrequently or only send proposals to be decided upon by the council. In addition, some tribal government staff report that getting the council’s approval hampers the speed at which their tasks can get done. (The same holds true of the need for approval from the governor of the Pueblo.) strength and weakness 2: Monthly meetings for communication between departments/dissatisfaction with department meetings. The department meetings create an opportunity for departments to learn about each other’s activities and about larger initiatives in the Pueblo. However, there is dissatisfaction with department meetings; they involve a large time commitment and are often repetitive in nature.

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weakness 3: Difficult for tribal council to assess the needs of each department. Many feel that the tribal council is not able to assess and address the needs of each department equally. Some directors report receiving very valuable guidance from the tribal council on issues related to land and culture. However, others report that council members sometimes lack the expertise to judge a given proposal, and that council meetings may not be the right place for discussing details of business or technology. weakness 4: Little coordination across departments, overlap among programs. Some department directors described certain overlaps in programs. Despite examples of cooperation, the departments could better pool their resources to provide services in a more effective way. These communication issues connect to the larger issue of delineation of roles and responsibilities, which we discuss following the SWOT analysis in Recommendation 2 in the “Recommendations for Moving Forward” section at the end of this chapter.

Theme 4: Citizen Engagement

strength and weakness 1: Flyers circulated to the community by many departments/no centralized method for communicating news to the public. On an individual level, departments use flyers to communicate news to tribal citizens. However, the tribe itself lacks a central system for sharing what is happening in the Pueblo and in tribal government. strength and weakness 2: Regular use of public feedback by many departments/irregular and unsystematic involvement of citizens in tribal-­level decision-­making. Many departments rely on informal feedback from tribal citizens to gauge how their programs are meeting tribal needs, while others use formal feedback methods such as surveys and comment books. At the tribal level, citizens are only sporadically involved in decision-­making such that it is unclear what the tribe’s overall goals are for citizen engagement. During our site visit, several people mentioned that the citizens’ points of view would be valuable in the tribe’s long-­term planning. strength and weakness 3: Efforts to gather citizen input through public meetings/possible perception that citizen input is not given due weight. There are select opportunities for citizens to give input on tribal initiatives, and they described recent improvements in the quality of these community meetings. However, it is unclear how the tribe uses feedback collected at meetings or through surveys. The lack of follow-­up information or conversations led some tribal citizens to believe their input is not adequately considered. There is also the concern that meeting records

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are not easily accessible, and thus cannot be referenced for planning and decision-­making. weakness 4: Possible lack of participation by some groups (e.g., youth). Some directors expressed concern that not all groups within the tribe participate in decisions regarding Ohkay Owingeh’s future. For example, it is not clear that the youth voice is given significant attention.

Theme 5: Goals and Standards

strength and weakness 1: Certain departments set goals and paths for improvement/department missions are not always clear. Certain departments set goals and paths for improvement. However, this is not true across the board. In addition, directors are not always aware of the missions of other departments. strength and weakness 2: Certain departments balance expectations rooted in tribal values with funding requirements/expectations for programs often only come from funding sources. A few programs base the funding/ regulatory requirements and goals for their yearly projects on the Pueblo’s culture, history, and other priorities (such as the renovation of the Pueblo’s traditional housing). However, many program activities do not go beyond the basic requirements from their funding sources. This may be due to time constraints or lack of a broad departmental vision. strength and weakness 3: Certain departments deliver high-­level programs and services/unclear responsibility for enforcement of standards. While departments provide much needed services at the Pueblo, tribal programs still lack formal standards, as well as accountability to meet them. Unfortunately, oversight can be difficult if the administration is not prepared with the skills or knowledge needed to hold programs and directors accountable. This can lead to diminishing quality of service delivery.

Addressing Strengths and Weaknesses We thought carefully about questions Ohkay Owingeh might use to structure its internal discussions around the identified themes: people, information technology and management, communication, citizen engagement, and goals and standards. While different tribes and governments do things in different ways, we encourage Ohkay Owingeh to use the questions below in discussions with other tribes to learn how they support similar themes under self-­governance. Learning about practices from other tribes may inspire Ohkay Owingeh to create its own “best practices” in these different areas.

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Where possible, the tribe should consider practices that address issues in multiple areas. For example, a system of setting goals and standards could improve communication between departments and/or between departments and the tribal council. Or, a citizen engagement program could harness the talents of multiple groups of citizens for the benefit of tribal government. There are many possible overlaps between the themes.

Key Questions for Ohkay Owingeh People How can the tribe best make use of all of its citizens’ talents? •• Are there existing talents that are not currently being utilized? •• Is the tribe lacking certain skills that could be promoted amongst tribal members? What incentives can the tribe create to encourage tribal citizens to return to the Pueblo? •• What incentives can best encourage citizens to work in tribal government? •• What opportunities can be created outside of tribal government? What new skills will government staff need under self-­governance? •• How can the tribe promote these skills in current and future employees?

Information Technology and Management In the long-­term, how can tribal government use IT to operate more efficiently? •• What small steps can enable the achievement of these long-­term goals? What should be the short-­term priorities of the IT department? •• Who should establish these priorities and monitor progress? What new IT systems can most help with the transition to self-­governance? •• What skills, staff, or resources are needed to implement these systems?

Communication How well should the tribal council understand the needs and activities of each department? •• Does the current system of communication enable this?

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How can departments better cooperate and share resources? •• Does the current organization of programs within departments promote this? •• How can department meetings be used to promote this goal or “people” goals? What aspect of communication and coordination will be most important under self-­governance?

Citizen Engagement What are Ohkay Owingeh’s goals for citizen engagement? •• How important is it for citizens to be aware of tribal government activities? •• How should information be relayed to citizens? •• How important is it for citizens to be involved in decision-­making? •• What procedures best encourage involvement? Who should be responsible for Ohkay Owingeh’s citizen engagement efforts? Does the transition to self-­governance impact citizen engagement?

Goals and Standards What goals should departments and programs aspire to? •• How should goal-­setting occur? •• How should goals be formalized and shared within the tribal government? What standards should the tribe hold programs to? •• Are there uniform standards for all departments and programs? •• Are there program-­specific standards? Who is involved in setting goals and standards, and who evaluates whether they are met? •• To whom should tribal departments and programs be accountable? What goal-­and standard-­setting efforts will be most important for the transition to self-­governance?

Opportunities and Threats As mentioned above, we focus on strengths and weaknesses and opportunities and threats as they relate to self-­governance. While the identified

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strengths and weaknesses were issues that could impact the transition, the opportunities and threats arise primarily from changes once the transition is complete. Specifically, we looked at the new way the tribe will receive and use funding from the federal government.

Changes in Funding and Fund Management under Self-­Governance timing of funding.  Tribes receive all funding for self-­governance programs in a lump-­sum payment at the beginning of each year. The total amount is specified in the Annual Funding Agreement (AFA), which can be renegotiated each year. amount of funding.  For some tribes, self-­governance means an increase in the total amount of funding received. At the same time, other tribes have not received sufficient contract support costs (CSC) to cover the direct and indirect costs associated with program management under self-­governance, or have not received the support in a timely fashion. allocation of funding between and within programs. Tribes decide how to allocate funding across programs, activities, and services and within specific programs.

Changes in Budgeting, Reporting, and Federal Regulations Under Self-­Governance

budgeting.  During the ninety-­day period after negotiation, tribes are to produce an annual budget based on an internalized budgeting procedure. reporting.  Rather than producing quarterly narrative and expenditure reports on each separate contract, tribes produce annual reports on all programs. internal evaluation.  Tribes are encouraged to develop an internal evaluation system to monitor their progress toward goals. adhering to federal regulations.  In general, tribes must operate programs in accordance with federal regulations. However, tribes can request waivers. A listing of these tribal waiver requests, including each determination, can be found at http://64.58.34.34/osg/FileLibrary.aspx, in the “SG_Background_Information” folder.

Opportunities and Threats 1: Reallocation of Funding

modifying and improving programs.  Because tribes can allocate funding within programs and possibly waive regulations, tribes can modify programs to better meet the needs of the citizens that these programs serve.

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taking on new projects or programs.  Tribes can leverage the funds received under self-­governance to take on new projects that are of long-­term benefit to the tribe. increasing efficiency.  Tribal leaders can use their knowledge of actual needs and local resources to make cost-­saving management decisions. This may include consolidating existing programs. political interference in allocation and use of funding.  Without well-­established tribal budgeting and fiscal monitoring procedures, federal funding could be allocated based on individual relationships rather than tribal needs and priorities. higher stakes for accounting.  With an increase in untargeted funds passing through the accounting office, it is important that the accounting department has the capacity to track where money is going: in what quantity and for what purpose. potential insufficient funding for contract support costs.  According to the National Congress of American Indians (NCAI), the failure of the BIA and the IHS to pay full contract support costs sometimes leads to reductions in funding available to programs.9

Opportunities and Threats 2: Planning and Prioritizing

engaging in long-­term planning and priority setting. With the increased freedom, flexibility, and stability in funding, tribes can better establish priorities and plan for the future. They can also better establish criteria for setting priorities. establishing annual plans.  With a better understanding of the total amount of funding available, tribal leaders can plan for its use over the course of the year. internal disagreements over decisions and priorities. Self-­ governance gives tribes the ability to address the priorities and concerns of the community. However, not everyone has the same priorities and concerns. People both inside and outside of the tribal government may feel that tribal leadership is not doing enough to respond to their needs and interests. dissatisfaction arising from lack of transparency and participation.  If people do not feel they have had an opportunity to provide input into decision-­making processes, they may be more likely to disapprove of choices. Similarly, if people do not understand how decisions are made, or if they feel decisions have occurred “behind closed doors,” they are even more likely to experience dissatisfaction.

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Opportunities and Threats 3: Decreased Reporting Requirements

decrease bureaucracy.  The decrease in mandatory quarterly reporting enables tribal government to decrease bureaucracy and spend more time on valuable programmatic activities. creation of appropriate monitoring and evaluation systems.  The tribe can develop its own customized evaluation and reporting systems. It can determine the indicators used for evaluation, the frequency of monitoring, and the people involved. potential lack of awareness of program performance. However, without well-­established and enforced internal evaluation and reporting systems, the tribe may not know if programs are performing well and meeting needs.

Opportunities and Threats 4: Decreased Involvement of the Federal Government

increase accountability.  Self-­ governance involves “bringing decision-­makers closer to citizens.”10 Citizens are better able to communicate their support of policies, programs, and decision-­makers. This, in turn, can lead to improved accountability on those administering tribal programs. challenges of assuming new tasks.  Self-­governance tribes are expected to perform the responsibilities in their compact agreements. They cannot turn difficult tasks or decisions over to federal officials to decide on their behalf. However, the federal government and current self-­ governance tribes often play important roles in helping tribes transition to the new systems.

Recommendations for Moving Forward Our SWOT analysis highlights many different topics that are relevant to the Ohkay Owingeh tribal government. Moving forward from this analysis, which issues should be addressed first? Based on our knowledge of self-­governance, experiences of other tribes, and the nation-­building model,11 we recommend the first priority be clarifying the responsibilities, procedures, and expectations for different parts of the tribal government. Planning, decision-­making, and implementing—for any project, program, or policy change—can only occur more

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smoothly if responsibilities, procedures, and expectations are clear to all parties involved. The tribe should also know that Ohkay Owingeh is certainly not alone in having to tackle any of these issues. According to the Office of Self-­ Governance Communication and Education, many tribes moving into self-­governance have to develop or expand budget procedures, internal monitoring and compliance procedures, performance and evaluation procedures, and roles and responsibilities.12

Recommendation 1: Formalize Procedures Self-­governance will challenge the Ohkay Owingeh government to take on new tasks and to improve its systems for performing existing tasks. These tasks include the following: •• •• •• •• ••

Assessing tribal needs Planning and prioritization Budgeting and accounting Goals-­ and standards-­setting Monitoring and evaluation

The majority of these tasks are already being performed to some extent, either formally or informally. However, it is important that Ohkay Owingeh invests time into thinking about these tasks. How do they currently occur? How well have they worked in the past? Will current procedures be effective under self-­ governance? What new or modified procedures will most effectively meet the needs of the tribe under self-­governance? In accordance with the nation-­building model, we avoid providing specific recommendations for improving the tribal government. There are many viable options for accomplishing these tasks. Using the practices of other tribes as inspiration, Ohkay Owingeh can create procedures that will work effectively for its unique context and culture.

Recommendation 2: Clarify Responsibilities Clarifying responsibilities means ensuring everyone is aware of their role and the roles of others for a given task. Whether it is for something as large as revising the law and order code, or for something as small as putting

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together a newsletter, people work together more effectively if they all understand their responsibilities within a team. For the procedures mentioned under Recommendation 1, it will be very important for roles and responsibilities to be clearly and publicly identified. The tribe may also consider creating new positions within the government for the transition to self-­governance.13 Note that these positions may not be required or appropriate for Ohkay Owingeh, but can be considered during the planning process. In addition, Ohkay Owingeh may find it valuable to think about the current government structure and how it will function under self-­governance in the upcoming years. option: develop a formal and accessible legal framework for the government structure under self-­governance.  In determining the structure of the final product, the framework may take many forms and its contents could vary (ranging from an ordinance to an independent legal document). The benefits are two-­fold. First, the formalized legal framework could be useful in the future for the following reasons: •• It could act as a safeguard against abuse of power. •• It could provide “lines of accountability” (who is accountable to whom). •• It could set out basic rights of tribal citizens and employees. •• It could ensure separation of powers between governmental functions. •• It could provide mechanisms for governmental reform as needs change. Second, the actual process of creating this legal framework for self-­ governance could prove highly beneficial. The following provides a few examples: •• The process could educate current tribal citizens about the tribal government’s history, structure, and function. •• The process could be a forum to discuss the current government structure in the context of changing needs. •• The process could engage different groups of citizens and increase their participation in governmental activities.

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Recommendation 3: Consider Different Planning Venues and Participants As mentioned in Recommendation 2, the process of planning for self-­ governance is not just a “means to an end.” The planning process itself can improve the likelihood of a smooth and effective transition to self-­ governance. If thoughtfully structured, it has the potential to build trust, transparency, and accountability in tribal government. Planning for self-­ governance may also establish useful precedents for future tribal-­level decision-­making. Again, there is no single correct venue for deliberation and planning. Similarly, there is no single set of stakeholders who should be involved in planning. Different people may be involved in different ways and at different times. In the section below, we present the option of using a neutral facilitator. We also present five different possible venues for planning: meetings, focus groups, workshops, advisory committees, and task forces/decision-­making committees. option: neutral facilitation of planning meetings. Ohkay Owingeh may want to consider the benefits of using a neutral or third party facilitator to manage some of the conversations around planning for self-­governance. Benefits of external facilitation include: •• Facilitators can create a safe atmosphere for productive conversation. They often help groups develop ground rules to create an atmosphere that is conducive to open, productive communication. They also try to protect individuals from personal attacks and encourage quiet members to contribute their ideas. •• Facilitators can keep conversations on track. They manage time, ensure agenda items are addressed, and work to focus the groups on tasks at hand. If the conversations become unproductive, they may suggest alternative processes (e.g., small group breakout sessions, written brainstorming, or roundtable comment periods). They may also ask questions and synthesize ideas to help discussions move forward. •• Facilitators often prevent the escalation of conflict. They have no stake in the outcome of a discussion and have no attachment to any one participant more than another. This positions facilitators to help groups tackle issues that may be personal, controversial, or emotionally charged. They generally encourage participants to respect others and to listen to all the different perspectives. Facilitators prevent relationships from being damaged by separating the contents of conflict

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from the attributes of individuals. Finally, they help the group manage the role of emotions in conversations. Steve Lippman, Steven Yaffee, and Julia Wondolleck suggest using a third party facilitator in the following situations:14 •• Issues under discussion are complex or there are many issues to discuss. •• There are diverse interests represented in the discussion. •• The issues under discussion are emotionally charged and parties’ emotions may hinder effective communication. •• The parties involved are unsure how to handle the procedural aspects of a discussion, have disputes over what process to use, or have tried meeting without an outside facilitator without success. option: five types of venues for planning.  In this section we present five planning venues. We encourage the tribe to use any of these methods, or modify them so they make more sense culturally and practically. Please keep in mind that some methods may be less relevant for immediate planning needs, but might be useful further down the road. Over time, Ohkay Owingeh could develop a toolkit of methods to solicit different types of input from stakeholders around planning and decision-­making. 1. Meetings can be used to convey information and to answer questions about upcoming activities, changes, and decisions. In addition, meetings can be used to consult—to seek reactions and to solicit concerns. Finally, meetings provide community input as the basis for policy development. They are most successful if meeting hosts and participants clearly understand the purpose of the meeting (to inform, consult, or involve). It is important to not let the most vocal or opinionated participants dominate the meeting. Ground rules (e.g., a limit on the amount of time each person can speak) help establish the right environment. Meetings also need a leader—either the person who called the meeting or another person—to help the group stay on task. Lastly, meetings need someone designated as the note-­t aker. This will ensure that comments, discussions, and decisions are recorded. 2. Focus groups are used to solicit information and opinions from small groups. Often described as “group interviews,” focus groups generally bring together six to ten people to discuss one or more pertinent questions. These questions are established ahead of time, based on the information needed. Focus groups sometimes use a “roundtable” approach to ensure

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that all thoughts are heard. Similar to meetings, note-­t akers play an important role in focus groups. 3. Workshops offer the opportunity for face-­to-­face brainstorming, talking, and problem solving around complex issues. Unless participants are already well informed at the outset, the beginning of the workshop frequently involves sharing relevant background information. Workshops can also include activities designed to stimulate discussion, introduce participants to new tools, or build relationships between participants. Workshops require thoughtful preparation and facilitation. 4. Advisory committees are groups without decision-­making power that work with policy-­makers on planning or problem solving. They are generally composed of diverse stakeholders, representing larger populations (e.g., seniors, youth, business owners), and connect decision-­makers to these larger groups. An advisory committee could also be formed to represent staff from different government departments. Advisory committees can foster dialogue regarding issues of concern, help circulate information, volunteer to take on discrete tasks, and be a valuable source of ideas and advice. Advisory committees can increase trust and reduce conflict between different programs or governmental agencies 5. Task forces or committees are groups charged with taking a leadership role in planning or decision-­making. There are many options to their structure, function, and membership. They may include representatives of community groups, or they may be restricted to government staff. They may work largely independently or they may conduct outreach amongst community members and/or government staff. Task forces and committees may be directly charged with implementation, or they may include representatives of those agencies with responsibility for implementation. They may operate by consensus or by majority vote, with the possibility of veto powers. In general, task forces are temporary groups convened around a specific challenge, while committees may operate on an ongoing basis. This option offers participants the greatest power in deciding outcomes, and it also has the greatest potential to foster energy, resources, and expertise for implementation.

Conclusion In this report, we use a SWOT analysis as the basis for discussing Ohkay Owingeh’s transition to self-­ governance. We highlight the primary strengths, weaknesses, opportunities, and threats relevant to this transition,

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and we put forward the broad recommendation that the tribe clarifies responsibilities, procedures, and expectations under self-­governance. In addition, we present information and questions for the tribe’s consideration in the upcoming months. Our analysis is only a small piece of Ohkay Owingeh’s overall planning process. Our suggestions are not intended to dictate a particular path on any particular topic. Rather, the primary purpose of our report is to encourage Ohkay Owingeh to ask questions and have conversations with all those who have a stake in the tribe’s future. These questions and conversations will enable the tribal government to better serve the citizens of Ohkay Owingeh. Self-­governance is a powerful opportunity to improve the effectiveness and accountability of governance at Ohkay Owingeh. It is an exciting transition and many decisions await the tribe in the upcoming months. We are confident that with thoughtful planning, Ohkay Owingeh will build upon current strengths and seize all of the opportunities that self-­governance brings.

Notes 1. “The Success and Shortfall of Self-­ Governance Under the Indian Self-­ Determination and Education Assistance Act After Twenty Years,” May 13, 2008, 83rd Cong. (2008) (statement of Hon. W. Ron Allen, Chairman/CEO, Jamestown S’Klallam Tribe), accessed March 23, 2012, http://frwebgate.access.gpo.gov/cgi-­bin /getdoc.cgi?dbname=110_senate_hearings&docid=f:42575.pdf, 11. 2. Ibid., 11–12. 3. Ibid., 12. 4. “The Success and Shortfall of Self-­ Governance Under the Indian Self-­ Determination and Education Assistance Act After Twenty Years,” May 13, 2008, 83rd Cong. (2008) (statement of Hon. Clifford Lyle Marshall, Chairman, Hoopa Valley Tribe), accessed March 23, 2012, http://frwebgate.access.gpo.gov/cgi-­bin/getdoc.cgi ?dbname=110_senate_hearings&docid=f:42575.pdf, 44. 5. John M. Bryson, “A Strategic Planning Process for Public and Non-­Profit Organizations,” Long Range Planning 21, no. 1 (1988): 73–81. 6. Ibid. 7. Terry Hill and Roy Westbrook, “SWOT Analysis: It’s Time for a Product Recall,” Long Range Planning 30, no. 1 (1997): 46–52. 8. Frances Stokes Berry and Barton Wechsler, “State Agencies’ Experience with Strategic Planning: Findings from a National Survey,” Public Administration Review 55, no. 2 (1995): 159–68. 9. National Congress of American Indians, accessed March 23, 2012, http://ncai .org/Contract-­Support.36.0.html.

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10. The Harvard Project on American Indian Economic Development, The State of the Native Nations: Conditions under U.S. Policies of Self-­Determination (New York, NY: Oxford University Press, 2008). 11. “Overview,” The Harvard Project on American Indian Economic Development, accessed August 8, 2014, http://hpaied.org/about-­hpaied/overview. 12. Office of Self-­Governance Communication & Education, Self-­Governance, The Red Book (Bellingham, WA: Self-­Governance Communication and Education Project, 1995), accessed April 20, 2012, http://www.tribalselfgov.org/____NEWS GCE/subpages/all_sg_materials.asp. 13. Ibid. 14. Steve Lippman, Steven Yaffee, and Julia Wondolleck, “Effective Facilitation” (Ann Arbor, MI: Ecosystem Management Initiative, 1997), accessed March 23, 2012, http://www.snre.umich.edu/ecomgt/lessons/stages/organizing_the_process.

chapter eight

Akwesasne Mohawk Nation Investigating Barriers and Opportunities for Joint Law Enforcement and Judicial Systems Across Borders and Communities, 2008 Alexia De Vincentis and Kate Jordan

Like many other Native nations, Akwesasne Mohawk is engaged in nation-­ building efforts to better meet the needs of their citizens, both now and in the future. However, in reclaiming control over its own affairs, Akwesasne Mohawk must not only overcome the historic expropriation of tribal resources and non-­Native control over Indian affairs, but also the hindrances caused by an international border. The 1783 Treaty of Paris, signed between the United States and Great Britain, established the international boundary between the United States and what is now Canada. Ignoring indigenous claims, the boundary cut directly through the Akwesasne’s sovereign territory, physically dividing the land and the people. As a result of these externally imposed boundaries, there have been three distinct Akwesasne governments: the Saint Regis Mohawk Tribe is the federally recognized Indian Tribe on the U.S. side of the border; the Mohawk Council of Akwesasne (MCA) is the federally recognized First Nation on the Canadian side of the reservation; and the Mohawk Nation Council of Chiefs is the traditional government of the Mohawk Nation, irrespective of the international boundary. This report to the Saint Regis Mohawk Tribe examines options for unifying the policies and/or the governments of the Tribe and the MCA in two areas: policing and courts.

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Introduction The Saint Regis Mohawk Tribe and Mohawk Council of Akwesasne are restrained by different externally imposed laws and funding streams. As a result, their respective nation-­building efforts to date have occurred in a highly bifurcated manner. For example, the Saint Regis Mohawk Tribe developed its own police force and court system on the U.S. side of the border. The Mohawk Council of Akwesasne has done the same on the Canadian side. As each tribal government moves forward in its individual nation-­ building efforts, some community members want to ensure that the larger goal of rebuilding a governing system that serves all of the Akwesasne territories and population remains a priority. The Saint Regis Mohawk Tribe therefore requested an analysis of barriers and opportunities for integration. Because policing and adjudication are key foundations to self-­governance, this analysis focuses in particular on these two institutions. Because a recent report prepared for the Mohawk Council of Akwesasne addressed ways that government can move forward in its individual efforts, this report focuses on nation-­building opportunities specific to the Saint Regis Mohawk Tribe. It should also be mentioned that while key areas for involvement of the Mohawk Nation Council of Chiefs in efforts of the tribal governments are discussed, this report is specifically focused on the integration and further development of the Saint Regis Mohawk Tribe and Mohawk Council of Akwesasne. However, successful integration will necessarily also involve the Mohawk Council Nation of Chiefs, the traditional government of the Akwesasne people. The field research for this project was limited to interviews with officials of the Saint Regis Mohawk Tribe. It should therefore be noted that while background research about the Saint Regis Mohawk Tribe was verified— and often clarified—through conversations with relevant officials, information about the Mohawk Council of Akwesasne stems exclusively from public information sources, which somewhat limits the ability to fully address some points of integration. Despite this limitation, this report sets out findings in three major areas: barriers to integration, steps to integration, and further actions to increase sovereignty. Taken together, these areas provide a set of possibilities for the Saint Regis Mohawk Tribe and Mohawk Council of Akwesasne to move forward with progressive action. In analyzing how to move forward, it is important to recognize obstacles that make progress difficult. The

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Figure 8.1.  Internal and External Barriers to Integration.

report separately examines internal and external barriers to integration, listed in Figure 8.1. Taking these barriers into consideration, the report details a potential path to integration, with progressive steps toward heightened levels of cross-­border unity. A basic first step involves increasing communication and regularizing information sharing. This allows each side to have a fuller understanding of the actions of the other, and may help each side reduce duplicative work. The next step moves from simple communication to collaboration, wherein the two sides work together to enable each to be more effective within its respective jurisdiction. This method follows the current police model, in which the forces on each side help the other in their work, though the laws they enforce are not always identical. Finally, the two tribal governments can work to create parallel systems. With parallel systems, the two governments might gain by working to make their laws and enforcement as similar as possible, even if the bodies that administer and enforce those laws are different on each side of the border. Additionally, this report discusses two versions of “integration”: unification and the creation of parallel yet jointly reinforcing systems through a nation-­to-­nation agreement. The first refers to the merging of the two tribal governments, creating one unified governing body for all citizens of the Akwesasne Mohawk Reservation. The second maintains separate governments, but creates an agreement wherein all laws and legal decisions made on one side are recognized by the other, creating a de facto unified system. Finally, this report analyzes individual actions the Saint Regis Mohawk Tribe can undertake to increase sovereignty and ensure the success of current and future nation-­building efforts in the areas of policing and adjudication. See Figure 8.2 for a summary.

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Figure 8.2.  Recommendations for the Saint Regis Mohawk Tribe to Consider.

Indigenizing Tribal Court Laws and Procedures Indigenizing tribal court laws and procedures will help the Saint Regis Mohawk Tribe set the stage for future integration. It solidifies the tribe’s control of the legal system in the eyes of the Akwesasne people. It would also increase bridges to the Mohawk Council of Akwesasne’s legal system if both governments incorporated shared traditional values. The Saint Regis Mohawk Tribe faces a number of challenges in its efforts to integrate its policing and adjudication systems with those of the Mohawk Council of Akwesasne. However, as we discuss below, there are a number of intermediate steps that can be taken to increase both cross-­ border collaboration and Mohawk sovereignty. These actions will lay a solid foundation for the ultimate goal of cross-­border unity. The Akwesasne territory is approximately 26,000 acres of land located in eastern North America. Even though it is diminished from original holdings, the territory is located on traditional Mohawk hunting, fishing, and trading grounds. It includes several islands in the Saint Lawrence River, as well as mainland acreage on both the north and south sides of the river. As noted, the 1783 Treaty of Paris, signed between the United States and Great Britain, established the international boundary between the United States and what is now Canada. Ignoring indigenous claims, the boundary cut directly through the sovereign territory of the Mohawk Nation, physically dividing its land and people. The later demarcation of the interprovincial boundary between Ontario and Quebec created an additional jurisdictional division on Akwesasne land.

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The development of the Saint Regis Mohawk Tribe and the Mohawk Council of Akwesasne justice systems—the topic of this report—must be understood in the context of Akwesasne’s complex jurisdictional environment. Due to the international and interprovincial borders, “Akwesasne has become a multi-­jurisdictional nightmare and presently deals with two federal governments, one state government and two provincial governments. The Akwesasne reality is that different laws, programs, and services apply to Akwesasne residents depending on which side of the border or boundary they happen to reside at any particular time.”1 This reality has at times served as an impetus to justice system development. The jurisdictional complexity of Akwesasne created opportunities for criminal behavior, while simultaneously reducing the ability of any one government to unilaterally enforce laws on the reservation. Threatened with elements of lawlessness, the tribal governments reestablished their own justice systems capable of enforcing the laws necessary for the safety and prosperity of Akwesasne Mohawk communities. Providing justice and maintaining order are fundamental aspects of governance. In Mohawk tradition, a strong justice system is linked with strong governance and is a key source of governmental legitimacy. As a result, the justice system has been at the core of Akwesasne nation-­building efforts. Unfortunately, in undertaking justice system development, each tribal government has had to take into account a different set of externally imposed laws. Funding streams for each government also differ. As a natural consequence of these differences, justice system development to date has not been unified. As each of the tribal governments moves forward in its individual nation-­building efforts, some members of the communities are concerned with ensuring that the larger goal of rebuilding a governing system that serves all of the community’s territory and population remains a priority. At the same time, not all Akwesasne citizens believe that integration is desirable. We do not express any normative judgments about whether or not to integrate; we are simply addressing the issue of how to go about enhancing integration, assuming that goal is agreed upon by the tribal governments and Mohawk Nation Council of Chiefs. Furthermore, we recognize that some members of the Akwesasne community do not recognize the boundaries imposed by the United States and Canada. While we understand this point of view, the working assumption of our recommendations is that, as a result of the boundaries imposed, there currently exist distinct governmental structures, each of which must be taken into consideration. Following a description of the project client and project goals below, we provide a mapping of the policing and adjudication systems that exist

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on each side of the border, as well as an analysis of current levels of coordination across jurisdictions. This information provides the foundation necessary to discuss barriers to integration and steps toward integration. Finally, we discuss progressive action that the individual tribal governments can undertake to increase their sovereignty vis-­à-­vis federal and state/provincial governments and, by limiting external ties, to facilitate future integration efforts.

Background Information The Saint Regis Mohawk Tribe is the duly elected government of the Mohawk people residing on the U.S. side of the border. As a federally recognized Indian tribe, the Tribal Council is also the official representative of U.S. Akwesasne Mohawks in dealings with both New York State and the United States, as well as with other tribal governments and intertribal organizations like the National Congress of American Indians and the United South and Eastern Tribes. Since 1973, the tribal council has received federal and state funds for a variety of tribally administered programs. With these funds and gaming revenue, the Tribe provides comprehensive services to the community through six basic divisions: education, environment, health services, human services, planning/infrastructure, and economic development. Like many American Indian governments throughout the United States, the Saint Regis Mohawk Tribe strives toward complete self-­determination, and continually seeks to improve its infrastructure to better meet the needs of its constituents now and in the future. To this end, it has engaged in extensive nation-­building efforts in recent years, particularly in the areas of policing and adjudication.

Project Goals and Objectives At the request of the Saint Regis Mohawk Tribe, our goals here are to: •• map the current policing and adjudication infrastructure on both sides of the border; •• identify areas where duplicate sets of services currently exist and could be consolidated; •• identify possible areas for additional infrastructure; and

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•• analyze the relationships among agencies—both within each jurisdiction as well as across jurisdictional lines—to identify barriers to integration.

Mapping the Current Justice System In this section, we map the policing and adjudication systems that exist on each side of the border, as well as analyze current levels of coordination occurring across jurisdictions. This information provides the foundation necessary to discuss barriers and opportunities for further integration in the following sections.

Policing Indigenous Akwesasne policing development grew out of a combination of necessity and nation-­building efforts. The reservation needed local police forces because many citizens do not recognize state or provincial police as having any legitimate jurisdiction over them, and the tribal governments saw police force development as a means to exert control over the territory. However, jurisdictional limitations prohibited the creation of a single police department. Thus each of the tribal governments developed a police force on its respective side of the reservation. As discussed below, the Saint Regis and Mohawk Council of Akwesasne (MCA) forces succeeded in developing high levels of inter-­force collaboration, despite being distinct entities operating in separate jurisdictions. saint regis mohawk tribe.  The Saint Regis Mohawk Tribal Police Department is similar in structure to most police forces, with a chief, sub-­ chief, and sixteen officers. Until recently, however, its authority differed significantly. The tribal police had full authority to enforce civil community and traffic law, but its ability to enforce criminal law was limited to arresting Natives; non-­Natives were detained and turned over to New York State authorities. A 2007 agreement with New York State removed these limitations, and the tribal police can now fully enforce both Saint Regis and New York State law. They also participate in criminal investigations. The Saint Regis Mohawk Tribal Police were the first tribal police officers in New York State history to be given State police powers.2 mohawk council of akwesasne.  The Akwesasne Mohawk Police Service (AMPS) enforces both Mohawk Council of Akwesasne community laws and Canadian regulations, especially in the areas of traffic

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control, anti-­drug and smuggling enforcement, and criminal code enforcement. The AMPS provides the following programs and services: general uniform patrol, community policing, traffic law enforcement, marine patrol, emergency dispatch services, criminal investigations, K-­9 police dog services, and anti-­drug enforcement. It also participates in Joint Investigation Team (JIT) anti-­smuggling efforts with the Royal Canadian Mounted Police. current coordination.  The principal issue facing the Akwesasne police forces is the porousness of the U.S.-­Canadian border in the territory. While one must pass through customs checkpoints in order to cross from the U.S. side of the reservation into the Ontario portion, the U.S.-­Quebec border lacks any other barriers. This means two things: first, because of jurisdictional limitations, people wanting to avoid arrest can simply cross this border and the police from either jurisdiction cannot follow; and second, smuggling has become an issue. To complicate matters, many in the community would reject this characterization because they do not recognize the border as legitimate. Because of the ease with which criminals can cross the border to avoid arrest, the police forces on both sides of the border have established very good communication and coordination. The police chiefs talk daily to give updates and discuss future plans. They also call each other when in pursuit of a suspect they believe will cross the border, either for the other side to attempt to intercept the suspect, or simply to give the other side a description of the vehicle and license plate to look up and mail a ticket to the registered address. The police on both sides of the border also participate in collaborative efforts, helping to identify targets and suspect movements and providing assistance to the other side when possible. Perhaps the most striking example of cross-­border collaboration is the Integrated Border Enforcement Team (IBET). This is a multi-­force collaboration that involves local, state/provincial, and national enforcement organizations on both sides of the border, including: Saint Regis, AMPS, New York State Police, Ontario Police, Quebec Police, U.S. Federal Bureau of Investigation Agents, Royal Canadian Mounted Police, and customs and drug enforcement agents. This team holds weekly meetings where members share information (especially vehicle descriptions), work to identify targets, and provide updates on forward progress. It is important to note that the IBET is an expansion and formalization of preexisting collaboration between the Akwesasne police forces on both sides of the border.

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Figure 8.3.  Diagram of the Integrated Border Enforcement Team.

Adjudication In recent years, tribal court development has been at the core of Akwesanse’s nation-­building efforts. The Saint Regis Mohawk Tribe and Mohawk Council of Akwesasne sought to take full advantage of their authority to establish civil laws to govern the Mohawk community and familial and business relations, as well as the judicial institutions necessary to uphold those laws. The tribal governments are limited by different sets of external laws and funding sources, so each developed their own legal codes and court systems. Because these efforts are relatively recent, and because the court systems have not been forced by necessity to engage in collaborative efforts (unlike in the case of policing), coordination is limited to date. However, opportunities for coordination are increasing. saint regis mohawk tribe.  The Saint Regis Mohawk tribal court system currently consists of a fully functioning traffic court, as well as a civil court. The traffic court hears all civil tickets issued by the Akwesasne police and holds court sessions once per week. The civil court hears all noncriminal cases brought to the tribal court system and holds sessions on an as-­needed basis, though to date it remains largely unutilized.

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A Judicial Oversight Commission (JOC) ensures that a fair and equitable system of justice is maintained. JOC responsibilities include hearing grievances and complaints arising within the tribal court, reviewing various court reports provided by the chief judge, and communicating such reports to the tribal council and community. The tribal court system will soon include a family court, designed to hear all family cases currently held in off-­reservation courts. The tribal court administrator is working closely with a New York State family court judge and the tribal council to develop the laws and procedures that will govern the family court practice. In addition, discussions are underway in the New York Federal-­State-­Tribal Courts and Indian Nations Justice Forum to work toward an agreement for full faith and credit of the family court’s decisions. The family court expects to hear its first case in May 2008. Additional plans include reinstituting a civil court and developing an appellate court and peacemaker court. The appellate court will exercise appellate jurisdiction over all traffic court, civil court, and family court proceedings, effectively removing this responsibility from the Judicial Oversight Commission. The peacemaker court will provide mediation in civil cases where parties commit to working through a spiritually based process to change behavior and make restitutions to victims and the community. In this manner, the peacemaker court will incorporate the set of principles—such as reconciliation, rehabilitation, individual responsibility, and consideration of the effects of decisions on the community as a whole and on future generations—embodied in Kaianerenh:kowa (or the Great Law of Peace), which forms the foundation of the Haudenosaunee Confederacy to which Mohawks belong. Family law cases are particularly ripe for this type of intervention, and thus the tribal court administrator has already begun to secure the support of Mohawk elders to provide assistance for such a program. mohawk council of akwesasne.  The Mohawk Council of Akwesasne Justice Department currently administers the Akwesasne Mohawk court, which hears civil traffic offenses and community law violations. An appeals court exists, but as of December 2006, it had yet to be utilized.3 Through the Probation and Parole Program, the MCA Justice Department also deals with lesser criminal offenses committed under Canadian law. Under an agreement with the Canadian government, Ontario courts can divert low-­level criminal offenders to the program for sentencing and/ or probation oversight. Akwesasne police officers can also refer offenders

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to the program in lieu of pressing charges, if the victim agrees. Offenders are sent before the Neh-­Kanikonriio Council, which provides a forum that addresses participants’ relationships and accountability within the Mohawk community rather than merely punishing their behavior through detention or fines. In particular, defendants are asked to appear before their family members and those of the victims in order to come to an understanding of how they harmed others. The council currently handles approximately one case per week. In the civil law arena, recent reports suggest that the Justice Department is turning to focus on family law.4 It is unclear if this is under development. In the area of criminal law, MCA is currently exploring possibilities for the expansion of the Probation and Parole Program into Quebec Courts. current coordination.  Because the Saint Regis Mohawk Tribe and Mohawk Council of Akwesasne court systems developed in the context of distinct external bodies of law and funding streams, levels of integration have historically been low. However, two recent trends have laid groundwork for increased collaboration and integration. First, the tribal governments have begun to address certain common, cross-­border issues through the issuance of parallel laws. Examples include all-­terrain vehicle (ATV) and dog ordinances and environmental regulations. Second, to ensure that common laws are applied in a common manner across jurisdictions, the administrators of the Saint Regis and MCA courts have been meeting to design protocol for dealing with violations of those laws. This communication provides important precedent, particularly as the Saint Regis tribal court begins to incorporate traditional Mohawk practices into its operation. As stated above, future plans for the Saint Regis tribal court include the development of a peacemaker court, designed to provide a restorative justice approach to civil violations. The envisioned role of the peacemaker court is similar to that currently being fulfilled by the Neh-­Kanikonriio Council with regards to criminal matters. Thus, Saint Regis stands to benefit immensely from information sharing about the successes and lessons learned by MCA. Moreover, several Mohawk elders already provide the type of spiritual guidance envisioned for the peacemaker court through their work at the Traditional Medicine Clinic, located on the MCA portion of the territory. Rather than duplicate infrastructure, the Saint Regis tribal court administrator is communicating with the elders at the Traditional Medicine Clinic to enable U.S.-­side offenders to be referred to the clinic.

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Figure 8.4.  Diagram of the Akwesasne Judicial Systems.

Barriers to Integration In describing the current state of the Akwesasne justice system, several barriers to integration—such as different externally imposed laws and sources of funding—have already been mentioned. In this section, these external barriers, as well as barriers internal to Akwesasne, are discussed in detail. external barriers.  As the federally recognized Indian tribe on the U.S. side of the border, the Saint Regis Mohawk Tribe is currently dependent on the U.S. government for certain monies and programs. As the federally recognized First Nation on the Canadian side of the border, the Mohawk Council of Akwesasne is affected by the reactions and funding of the Canadian government. These jurisdictional realities—distinct sets of externally imposed laws and funding sources—pose perhaps the greatest challenges to integration of the policing and adjudication systems. externally imposed laws.  The Saint Regis Mohawk Tribe and Mohawk Council of Akwesasne are each subject to a different set of externally imposed laws. On the U.S. side of the border, the actions of the Saint Regis Mohawk Tribe are circumscribed by U.S. federal law and, in some instances, by New York State law. On the Canadian side of the border, Canadian federal law and either Ontario or Quebec provincial law apply.

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These external laws impose different enforcement requirements on tribal police. In addition, they impose different requirements for laws generated by the tribal governments. For example, Canadian federal law makes it much more difficult for First Nations to engage in indigenous lawmaking than does U.S. federal law. While the tribal governments may not actively enforce or obey all externally generated laws, they nonetheless cannot directly contradict them without inviting legal challenge. As noted in one study, “[t]he Mohawks generally do not shrink from challenges, but they have to consider carefully what legal challenges they wish to take on, as the outcomes are unpredictable.”5 This suggests that the Saint Regis Mohawk Tribe and the Mohawk Council of Akwesasne will face varying levels of external restraints to nation-­building efforts. funding sources.  External resistance is particularly important in light of funding issues. Both U.S. and Canadian federal funding sources come with varying levels of constraints. Saint Regis receives funding largely on a program level, meaning that funding is earmarked for specific purposes. Moreover, the majority of this funding comes with a stipulation that it be used strictly to the benefit of U.S. citizens, thereby precluding its use for cross-­border purposes. The Mohawk Council of Akwesasne, in contrast, receives a lump-­sum amount, which allows for greater levels of discretion in spending. Because the Saint Regis Mohawk Tribe is unable to use funding to support services provided to Canadian Mohawks, and because the funding of the Mohawk Council of Akwesasne is insufficient to finance all cross-­border initiatives, the tribal governments will be hindered in their integration efforts so long as they are dependent upon external funding to finance their operations. internal barriers.  While the greatest barriers to integration are externally imposed, additional internal barriers exist. They stem from lack of uniform political will, differences of identity, and incompatible information systems. political will.  In response to distinct sets of external recognition, laws, and funding, separate governance structures have developed on each side of the border. There are two tribal councils, two police forces, and two court systems, as well as duplicative sets of social services agencies and administrative positions. Some leaders do not see integration of these two systems as feasible or even desirable. Their hesitance stems from the belief that the benefits of integration may not outweigh the costs. Costs include the adverse reactions to any such attempt anticipated from the U.S. and Canadian governments, as well as concerns about the elimination of some current positions that would result from consolidation. Any attempt at integration must overcome these issues of political resistance.

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identity.  The jurisdictional complexity of the Akwesasne has resulted in a concurrent complexity of identity. Some Akwesasne Mohawks consider the territory to be one united nation, refusing to recognize the boundaries imposed by external actors and declaring themselves to be simply Haudenosaunee citizens. Others, however, consider themselves to be either U.S. Mohawks or Canadian Mohawks. Those whose identities are bound to one country or the other may resist efforts at integration, and this resistance would need to be overcome with appeals to the joint identity of all Akwesasne Mohawks. information systems.  While less difficult to address, a nonetheless important issue to consider when contemplating steps toward integration is the manner in which information is collected and stored. There is currently not a unified cross-­border system for collecting and storing information about traffic tickets, other citations, social service inquiries, or court decisions. While both governments report newly passed laws in local Akwesasne newspapers, there is no jointly issued legal code. Integration will require steps to create compatible information systems.

Paths to Integration Integration of the Saint Regis Mohawk Tribe and Mohawk Council of Akwesasne justice systems can be understood in more than one manner. First, and perhaps most intuitively, “integration” may refer to unification, or the merging of two systems into one. However, given Akwesasne’s jurisdictional complexities, “integration” may instead take on a second form, consisting of parallel yet jointly reinforcing systems. The tribal governments may be unwilling or unable to achieve unification due to the constraints imposed by the international border, but could still effectively create “one system” under this second approach by entering into an agreement under which decisions made by adjudicative agencies on one side of the border would be given full recognition by institutions on the other side. Significantly, similar steps will be required to arrive at either of these two forms of integration. Integration cannot occur overnight; rather, it is the final step in a continuum of increasing levels of communication and collaboration between the two tribal governments. Specifically, the following steps will likely need to be undertaken prior to integration: 1. increased and regularized communication; 2. collaboration between separate systems; and, 3. the creation of parallel systems.

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In this section, we will discuss each of these steps in turn. We will then detail unification and parallel yet jointly reinforcing systems as integration options. The following are key steps that can be undertaken to improve integration prospects: level 1: increased and regularized communication A. Successes to date •• Police •• Some social service providers B. First steps •• Increased social services communication •• Regularized court communication C. Longer term possibilities •• Expanded three council meeting schedule •• Cross-­boundary data access D. Obstacles to overcome •• Inertia •• Start-­up time commitment During quarterly council meetings, the Saint Regis Mohawk Tribal Council, Mohawk Council of Akwesasne, and Mohawk Nation Council of Chiefs update each other on recent activities and future plans. Sharing information in this manner helps each government—at the very least— remain abreast of key developments. It can also improve the ability of each government to better serve its constituents by enabling it to learn what has worked and what has not, and to make more informed decisions on the basis of this information. It also allows the governments and agencies on each side to reduce time by not having to redo work already done by counterparts across the border. The first step toward integration involves creating channels for this type of regularized communication between the U.S. and Canadian systems at all levels of government. At the department level, for example, regular communication already occurs between the tribal police forces, but could be expanded into the court systems. Regularized communication between the court systems could mean that each side automatically informs the other of new laws passed or decisions handed down by the courts. It could also mean that court administrators participate in regularly scheduled meetings to discuss activities and plans. In addition, regularized information sharing is a priority for departments charged with child welfare protection. While there is currently

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a fair amount of information sharing across the border for child welfare agencies, this appears to be more a product of the relationships and roles of the individuals involved, and less an official part of the relevant positions. However, due to the incredible import of these agencies’ work, and because families move across the border with frequency, an automatic information sharing system would be of great use.6 This is especially true as family courts are developed; family court judges would benefit from having automatic access to information from both sides when making decisions regarding family outcomes. level 2: collaboration between separate systems A. Successes to date •• Land claims and environmental concerns •• Police B. First steps •• Restorative justice •• Family court C. Longer term possibilities •• Regularized intergovernmental collaboration D. Obstacles to overcome •• Lack of political will Beyond simply sharing information, the separate systems could engage in collaborative efforts. Collaborative efforts have been undertaken among the governments in the case of land claims and environmental concerns. At a department level, this is very much the mode of interaction between the Saint Regis Mohawk Tribal Police Department and the Akwesasne Mohawk Police Service. The police departments each enforce different sets of laws and provide distinct programs and services, yet they not only communicate about daily occurrences, but also work with each other toward common goals such as border enforcement. This collaboration enables each police force to be more effective within its own jurisdiction. This model could be expanded to other departments. Within the court systems, a particularly opportune area for collaboration is in indigenization efforts, or efforts to create institutions and processes that more accurately reflect Mohawk values. Both Saint Regis and MCA are making important advances toward incorporating restoration—a key component of the Mohawk view of justice—into the adjudication systems with the creation of the peacemaker court and Neh-­Kanikonriio Council, respectively. Given the longer history of the MCA Justice Department’s restorative justice programs, the Saint Regis tribal court stands to gain valuable

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information from its Canadian counterpart about best practices and lessons learned in this realm. Conversely, the Saint Regis tribal court will be able to provide the MCA Justice Department with important information about the development of a family court, should MCA decide to enter into this area of law. Thus, each side can actively work with the other to help it better achieve its goals. level 3: creation of parallel systems A. Successes to date •• Fire ban •• Dog ordinance B. First steps •• Indigenization C. Longer term possibilities •• Parallel law creation •• Parallel administrations D. Obstacles to overcome •• Lawmaking restrictions •• U.S. and Canadian resistance At the highest pre-­integration level, departments and governments on each side can work together to create, to the extent possible, parallel systems. In other words, the laws, programs, and services provided on each side of the border could be the same or similar. This would, in effect, make all citizens of Akwesasne governed by the same set of laws, even if the bodies that administer and enforce those laws are different on each side of the border. These efforts would not only create parity in civic life, but also ease future integration efforts. Similar systems are much easier to integrate than different systems. There are examples of the governments on both sides of the border working together to create similar laws. These efforts occurred in relation to very specific issues, where having different laws would render ineffective the individual laws of each side. Examples of this include the dog ordinances and fire bans. Similar efforts have yet to occur with larger issues. The ability to create similar laws to deal with larger issues is complicated by the fact that the external federal and state/provincial laws differentially limit each side’s actions. However, even if complete parity is difficult to achieve, a way to begin to move in this direction is to ensure that the culturally specific portions of each side’s laws are the same. For example, restorative justice programs can be made more similar in procedure and technique, as well as

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courtroom procedures generally. This will result in an overarching similarity across all Akwesasne jurisdictions that can be built upon in the future.

Integration Options In this section, we discuss in further detail two distinct forms of “integration:” (1) unification, and (2) parallel yet jointly reinforcing systems made possible through a nation-­to-­nation agreement. unification.  Unification refers to the merging of the two systems into one. It could occur piecemeal on a departmental level, such as the merging of the police forces or court systems, or it could apply to all levels of government. parallel and jointly reinforcing systems.  System unification—whether in whole or in part—will remain very difficult so long as the tribal governments are dependent upon separate funding streams, and while there is lack of clear political and community consensus that integration is desirable. However, the Akwesasne Mohawk have already demonstrated that, when determined, they can succeed at creating unified institutions. The Akwesasne Freedom School is an excellent example. The school provides culturally appropriate instruction for children grades pre-­kindergarten through eighth, regardless of whether the children reside on the U.S. or Canadian side of the reservation. It was founded in 1979 by Mohawk citizens who were concerned that their language and culture would otherwise be lost. Funding for the school is made possible through tuition fees and community fundraising efforts. Once political and community consensus and financial independence are reached, this same determination can be harnessed to achieve governmental unification. In the meantime, going through the three levels detailed above will lay important foundations for the merging of the two systems. nation-­to-­nation agreement.  Full-­scale unification may prove extremely difficult in light of funding limitations, and U.S. and Canadian resistance to the creation of an entity that traverses the international boundary. However, an equally effective alternative may exist in the form of parallel yet jointly reinforcing justice systems. If the tribal governments created similar justice systems and reached an agreement under which decisions made by adjudicative agencies on each side of the border were given full recognition by institutions on the other side, the effect would essentially be one system.

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Inspiration for this approach is found in previous nation-­ to-­ nation agreements between the Saint Regis Mohawk Tribe and the Seneca Nation. These agreements stemmed from instances in which the Saint Regis Adult & Child Protective Services (CPS) department sought to secure the adoption of Canadian Mohawk children by U.S. Mohawk families. Local New York State judges resisted these adoptions due to perceived lax standards for the loss of parental rights in Canada. In order to advance the best interests of the children, Saint Regis entered into an agreement with the Seneca Nation to have the adoption cases heard by a Seneca court. Because the State of New York grants full faith and credit to Seneca court decisions, these adoptions then became binding in New York, despite having been authorized by a third-­party court. The Saint Regis Mohawk Tribe and Mohawk Council of Akwesasne could enter into a similar “nation-­to-­nation” arrangement, in which each government recognizes the decisions of the other government’s court. The result would create continuity between the two justice systems. A Saint Regis court decision would be upheld not only on the U.S. side of the reservation, but also on the Canadian side, and vice-­versa. If each of the governments had in place a full faith and credit agreement with its respective state/provincial government(s), these decisions would be binding outside Mohawk territory as well. It should be noted that while there is precedent for nation-­to-­nation and nation-­to-­state full faith and credit agreements within New York, to our knowledge there has never been any such agreement across an international border. The presence of an international border raises legal questions about whether New York State could agree to give full faith and credit to the decisions of a court located in Canada (or whether Ontario or Quebec could recognize decisions made in the United States). While determining the legality of such an agreement is beyond the scope of this report, we do highlight that the tribal governments can minimize external resistance to the practicalities of such an agreement by ensuring that parallel systems exist on both sides of the border. An agreement to recognize third-­party decisions that are based on the same laws and procedures is much less likely to meet resistance than an agreement to recognize decisions with entirely distinct legal foundations.

Sovereignty as the Basis for Future Integration As discussed above, there are a number of joint actions that can be undertaken to work directly toward enhanced cross-­border harmonization.

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However, there are also a number of steps that the Saint Regis Mohawk Tribe and Mohawk Council of Akwesasne can take independently to increase their sovereignty vis-­à-­vis the federal and state/provincial governments by which they are currently circumscribed. Increased sovereignty of the individual tribal governments will indirectly set the stage for future integration efforts. A recent report prepared for the Mohawk Council of Akwesasne addressed ways in which that government can move forward in its individual nation-­building efforts.7 This report seeks to do the same for the Saint Regis Mohawk Tribe. Specifically, we have identified three areas in which Saint Regis could take progressive action to increase its sovereignty in the areas of policing and adjudication. 1. increased acceptance of tribal court system A. Next Steps •• Community outreach •• State outreach B. Longer term possibilities •• Expanded full faith and credit C. Obstacles to overcome •• Community concerns about lack of experience and lack of impartiality of tribal courts •• Possible New York State resistance to full faith and credit of certain types of decisions To be robust and fully functioning, a court system must be seen as legitimate in the eyes of the community that it serves. Furthermore, in order to prevent duplicative and contradictory rulings, external bodies should respect the court’s decisions. Therefore, the Saint Regis Mohawk Tribe may consider undertaking efforts to increase public understanding and acceptance of its court system, both within the Akwesasne community and in New York State. Internal support. The Saint Regis community has demonstrated through referendum votes that it favors the development of a comprehensive tribal court system. However, as the tribal court moves beyond enforcement of traffic violations and into the realm of family law, there appears to be some uncertainty about how the family court will work and how it will affect people’s lives. In order to address this uncertainty, the tribal government could engage in a community awareness-­raising campaign, and hold collaborative sessions with service providers that will be affected by the new court.

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Awareness-­raising campaign. A community awareness-­raising campaign would have multiple benefits. First, it would increase community understanding of new laws, which would reduce confusion and help ensure compliance once the laws go into effect. Greater understanding, in turn, would enhance community support for the family court. Finally, by demonstrating to the community that its understanding and support is important, the tribal council will create greater buy-­in for future tribal court expansion. This campaign could take several forms, with varying degrees of citizen participation. At a most basic level, the tribal council could disseminate information about the family court in pamphlets or community newspaper articles. A higher level of engagement could come in the form of interactive meetings and discussion forums in which community perspectives could potentially shape laws and procedures. Service provider sessions. As the entities that will be tasked with carrying out decisions made by the new court, it is of utmost importance that service providers—such as the Saint Regis Adult & Child Protective Services—understand the new system. Therefore, beyond the general awareness-­raising campaign mentioned above, it may be beneficial to bring these agencies into the law and procedure creation process in a more structured way. A comprehensive informational meeting is an important first step. The court administrator could explain to the agencies the new laws and procedures, and provide an opportunity for agency personnel to ask clarifying questions. Meetings need not end at an initial explanatory session, but rather could be continued even after the inception of the court to allow for updates and feedback. As laws and processes are tried and tested, service providers could raise concerns and make suggestions for improvements. Additionally, many of the service agency personnel have knowledge of their counterparts on the Canadian side, and discussions with them may allow for some additions to the system that will facilitate future integration efforts. External support. In addition to increasing internal support, the tribal court can work toward enhancing support from external sources, especially New York State. This would involve educating the State about Saint Regis tribal court laws and procedures, and working with it to ensure respect for tribal court decisions. In particular, this means working toward a full faith and credit agreement with New York State. While the tribal court administrator has already begun to engage the New York Federal-­State-­Tribal

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Courts and Indian Nations Justice Forum on this issue, it is extremely important that this process move forward. Without securing full faith and credit of the tribal court decisions, litigants who are unhappy with the court’s decisions can simply take their case to New York State courts, creating a difficult enforcement and legitimacy issue. A full faith and credit agreement prevents repetitive litigation and buttresses the sovereignty of the Saint Regis Mohawk Tribe. For information about prior successful attempts to enter into a full faith and credit agreement with New York State, the Saint Regis Mohawk Tribe could communicate with the Seneca Nation. 2. new areas for tribal court expansion A. Next Steps •• Property law •• Mediation B. Longer term possibilities •• Restorative justice for lesser criminal offenses C. Obstacles to overcome •• Possible New York State resistance to certain areas of expansion As the Saint Regis Mohawk Tribe seeks to expand its sovereign control over public institutions, the institution with perhaps the most opportunities is the tribal court. We have identified two possible “next steps” as Saint Regis seeks to expand the tribal court’s jurisdiction. Property law. Currently, property disputes are decided within the political framework: citizens bring them to the tribal council. This has often lead to repetitive dispute resolution attempts, as citizens unhappy with the council’s findings reinitiate their claims upon the election of a new tribal council or take their claims to the Mohawk Nation Council of Chiefs. The same disputes are being decided in different ways and by different people, creating problems for continuity and authority. The tribal council itself identified the need to move property law disputes out of the political process and into an independent adjudicative process that will provide objective and lasting decisions. As such, property law may be the most useful and politically acceptable area for the next tribal court expansion. Furthermore, because property law clearly falls within the jurisdiction of the tribal government, such an expansion would not face resistance on the part of New York State. Mediation. Tribal court services could also expand to include civil mediation. Mediation provides a key opportunity to incorporate Mohawk practices and traditions, and is also more in line with traditional Mohawk

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views of justice than the adversarial process. Like property law, civil mediation services would fall fully within the uncontested jurisdiction of the tribal government, and thus would not be met with external resistance. Several tribal governments—including the Mohawk Council of Akwesasne—have developed mediation programs as an alternative to the adversarial process. These could provide Saint Regis with general ideas for program structure, while the Mohawk Council of Akwesasne program could provide insights about how to best incorporate Mohawk-­specific values. 3. indigenization A. Next Steps •• Family court laws, procedures, and practice requirements B. Longer term possibilities •• Referrals to mediation and Traditional Medicine Clinic services •• Restorative justice for lesser criminal offenses C. Obstacles to overcome •• Possible hesitancy of New York State to allow traditional sentencing for criminal acts Finally, the Saint Regis Mohawk Tribe could work to incorporate more traditional practices into its laws and legal procedures. Such indigenization reinforces sovereignty and also helps to bridge Akwesasne’s U.S.-­Canadian institutional divide, as both sides have shared histories and historic culture. Short term. The immediate area to begin to indigenize laws and procedures is within the family court. The family court already incorporates traditional values to some extent, with the inclusion of cultural training into requirements for practice before the court and by adding elements of traditional familial values into some laws. By expanding family law practice to include mediation and referring afflicted families or family members to spiritual counseling with the elders at the Traditional Medicine Clinic, these efforts can be strengthened. Longer term. In the longer term, the tribal government could work to enter into an agreement with New York State under which lesser criminal offenses would be referred to the tribal court for sentencing and probation oversight. While federal law severely limits the criminal jurisdiction of Indian tribes, such an agreement would provide an important step into this area of law by allowing the community to deal with citizens convicted of lesser criminal offenses such as drug and alcohol violations. This transfer would allow more traditional healing and restorative methods to respond to these crimes.

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The Saint Regis Mohawk Tribe could learn about the advantages and challenges of entering into and implementing such an agreement from the Mohawk Council of Akwesasne’s Justice Department, which, as discussed above, addresses sentencing and probation for these types of offenses through the Probation and Parole Program.

Conclusion Akwesasne Mohawk faces several challenges to integrating their policing and adjudication systems. Chief among these challenges are reliance by the tribal governments on external and distinct sets of funding and lack of uniform political will. However, Akwesasne has already demonstrated that, when determined, it can succeed at overcoming U.S. and Canadian resistance to entities that traverse the international boundary and create integrated institutions. In order to lay the groundwork for future efforts to achieve justice system integration, concrete steps can be undertaken to enhance communication, collaboration, and parallels between the two systems. Furthermore, each side can continue to engage in nation-­building efforts that indirectly set the stage for future integration by reinforcing sovereignty.

Notes 1. Mohawk Council of Akwesasne, “The Nation Building Process: Development of an Akwesasne Model of Nation Government: A Proposal for Akwesasne-­Canada Negotiations,” unpublished manuscript (1998), 5, cited in Stephen Brimley, et al., “Resurgent Justice: Rebuilding the Mohawk Justice System: A Case Study for the Mohawk Council of Akwesasne,” Native Nations Institute for Leadership, Management, and Policy, University of Arizona, August 2007, 4. 2. “Historical Tribal Police Certifications Announced by State Police and Akwesasne,” New York State Division of Police, accessed March 29, 2012, https://www .nyspnews.com/article_display.cfm?article_id=3812. 3. The most recent date for which data are available. 4. Brimley, “Resurgent Justice,” 17. 5. Ibid., 6. 6. Legal restraints to inter-­jurisdictional information sharing would have to be investigated prior to the implementation of such a system. 7. Brimley, “Resurgent Justice,” 16–19.

Afterword Patricia Riggs

Five years after a State of Texas lawsuit closed Speaking Rock Casino, the Ysleta del Sur Pueblo’s (YDSP’s) economic conditions were deteriorating quickly. For a few short years leading up to the closing of our casino, the tribe experienced abundant economic resources and a booming economy with a robust workforce and a healthy fiscal budget. When Speaking Rock Casino shut down in 2006, tribal unemployment and poverty rose again, and the Pueblo’s resources were rapidly declining as program budgets underwent numerous cuts and tribal members sought jobs elsewhere. For over three hundred years, the Tigua people and their Pueblo had survived cultural and economic deprivation stemming from hostile policy measures directed at indigenous communities. Now, the future of the Pueblo was again uncertain due to external actions resulting in the depletion of the Pueblo’s resources. Yet, the Tigua regrouped and gathered strength from core Tigua values—community, culture, tradition, and spirituality— and we resumed our three-­century-­long struggle to affirm our rights as a sovereign Native nation. The struggle to strengthen economic and political sovereignty eventually led to a long-­standing relationship with Harvard University, the Harvard University Native American Program (HUNAP), and the Harvard Project on American Indian Economic Development (HPAIED). This partnership helped to heighten capacity and boost YDSP’s confidence. Drawing on the lessons, people, and materials of Harvard and the Harvard Project, we began to rethink our governance and strategy, and we embarked on the Project Pueblo Economic Revitalization.1 In 2006, YDSP’s Economic Development Department (EDD) was established with a modest budget 201

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of $60,000. In 2007, Project Pueblo was implemented with the creation of the Comprehensive Economic Development Strategy (CEDS), the first ever for the Pueblo. Since, the EDD has maximized a string of opportunities that continue to advance the department and strengthen the Pueblo’s self-­sufficiency. In a few short years, YDSP moved to the forefront of advocating for the advancement of the Tigua people. Under Project Pueblo, YDSP facilitated or trained a number of tribal members, partners, American Indian peers, and employees in areas such as nation building, Indian law, tax law, strategic planning, data collection, grant writing, native company contracting, small business development, tribal corporation law, land use planning, financial literacy, board development, small business administration (8a) programs, youth entrepreneurship, cultural relevancy, and program development. As a result, the EDD has successfully integrated several landmark projects. These include establishing the Tigua Inc. Development Corporation, garnering resources from program development, and writing grants. These efforts have resulted in millions of dollars of strategically secured funds for the Pueblo economy, which include the establishment of the Tigua Business Center in 2012. Notably, YDSP received “High Honors” in 2010 from the Harvard Project on American Indian Economic Development’s Honoring Nations awards program for best practices in tribal governance, recognizing the tribe’s comprehensive economic development efforts through Project Pueblo. Ysleta del Sur continues to build capacity and resources for the Tigua people in a manner that supports the Pueblo’s ability to thrive and prosper, while supporting Tigua core values, culture, and traditional practices. Among our initiatives are courses for the community in Tigua nation building, history, and civics. First introduced as components of a summer youth leadership program, these courses are now part of a nation-­building program for employees that convenes quarterly. The Economic Development Department is also called upon to work with contracted consultants working with the Pueblo on special projects. This ensures that the consultants have accurate information on Tigua history, demographics, economy, and culture. Indeed, the EDD provides similar support when the tribe is visited and studied by indigenous nations throughout the world. The Pueblo has also benefited from the work and guidance of the sister program of the Harvard Project, the University of Arizona’s Native Nations Institute (NNI). We draw upon, and “Tiguafy,” the extensive curriculum materials available through NNI to bring nation building tools to our people, departments, and programs.

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In addition to finding ways to support the education and capacity of its people, the Pueblo also faced challenges concerning its lands. The Pueblo is determined to identify best practices and resources that provide for better use of the land in order to support a balanced YDSP community. The YDSP master planning process entitled, “Respect, Restore and Develop,” considers themes and values important to the Tigua people, including cultural continuity, unity, self-­determination, agricultural design, and sustainability. The planning process identifies and assesses feasible short-­term and long-­term development of lands and makes recommendations on how to protect “the traditional core” of the Pueblo (Tuh-­la) and how to create a “commercial core.” This project receives support from the University of New Mexico’s Indigenous Design and Planning Institute (iDPi). iDPi was specifically created to embrace “indigenous world-­views that value cultural identity, land-­tenure and stewardship”2 by engaging communities in a process that creates culturally appropriate, meaningful, and sustainable community-­driven planning. The Pueblo’s struggle to survive in the modern context has involved complex governance, legal, environmental, land, social, political, and economic challenges. The fight to preserve community and culture in modern times also requires professional disciplines, expertise, and well-­ thought-­out strategies. The goal remains for the Pueblo to run its own programs and businesses, and run them well. This requires the Tribe to build its internal capacities. Historically, the average Ysleta del Sur Pueblo citizen had, at best, a high school diploma, and professional support from external individuals and organizations typically resulted in noble ideas lacking implementation or long-­term positive outcomes. In fact, over the years, YDSP had secured professional services from institutions of higher learning and for-­ profit institutions many times. Yet, these well-­meaning professionals possessed a limited understanding of the cultural and historical forces that shaped the Pueblo or the federal policies that impact Indian Country. Previous consultants also failed to appreciate the need for a Native community to define itself and infuse its culture into all aspects of community and tribal affairs. At the same time, the Pueblo lacked knowledge of practices and the technical and administrative skills that could promote better management and elevate program service delivery in a manner that embraced culture and community systems. We needed assistance, but those offering assistance did not know how to deliver assistance relevant to us. Misguided and mismatched approaches included consultation that recommended

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business and economic models that were not only costly and time consuming, but also inappropriate and ineffective for the Pueblo. Consultants also offered instruction that was intended for the classroom. This did not translate to the real world experiences of our reservation, and it was void of practical application in an indigenous community. After several years of calling on certain organizations, universities, and consultants, the Pueblo realized that more often than not the services and guidance had made little or no impact. The Ysleta del Sur Pueblo needed to take control of its future. The Pueblo sought out an organization that understood that supporting expertise in a Native community required more than credentials, degrees, and ordinary experiences. If consultants and advisors were to be useful to us, they needed: targeted preparation, established tribal relationships, passion, cultural relevancy practicum, genuine concern for Native peoples, and evidence of significant investment in Native communities. In order to better assist tribal nations, higher education organizations should not only foster access and success for American Indian students, but also knowledge of Native nations, allowing staff to conduct research and other activities that enlighten and prompt the advancement of tribal communities. The commitment must include policy analysis, discussions, cultural sensitivity training, seminars, financial support, and capacity-­ building activities. In late 2006, the Pueblo contacted the Harvard Project on American Indian Economic Development and the Harvard University Native American Program (HUNAP). Together, they guided the newly established Economic Development Department as it engaged Ysleta stakeholders to identify priorities that would result in effective solutions to the barriers preventing the Pueblo from moving forward. At the request of the EDD, Professor Joe Kalt, with more than twenty-­five years’ experience as co-­director of HPAIED, mentored Harvard graduate students, Havatzelet Yahel and Cemelli de Aztlan in an evaluation of whether the Pueblo’s legal infrastructure could support sustainable economic development. This project and its report, entitled “Legal Infrastructure for Nation Building,” was prepared with extensive input from the Tigua community and leadership. It addressed one of the primary nation building principles of the Harvard Project: “Sovereignty Matters.”3 The report did not try to tell the Pueblo what to do. Instead, it offered a baseline of information that enabled the Pueblo to ascertain specific goals that would promote economic development through policies. This led to building necessary institutions of self-­governance (another HPAIED nation building principle).4

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Moreover, the “Tiguafied” version of nation building principles enabled the Pueblo to develop a tactical approach and the confidence to call upon its inherent sense of resiliency, culture, community, and self-­governance in order to propel itself into the future, using Tigua ancestors as our role models. The difference in working with HUNAP’s Nation Building II course has been that, as an institution of higher learning, Harvard acknowledges its social responsibility to serve communities, including those in Indian Country. This responsibility is supported through commitment, investment of capital and time, dedicated faculty and staff, Native student involvement, advocacy, accountability, education and committed tools, resources, and services that benefit and meet the needs of tribes. As a result, the Nation Building II course provides tribes with toolkits that enable us to assess, plan, and make decisions that encourage our communities to become better nations. As previously noted, since the introduction of its nation building strategy, the Pueblo has taken proactive control of its future, on its own terms. We adopted a corporation code, a tax code, land use plan, and a comprehensive economic development strategy that includes a development corporation and a business center. These efforts resulted in increased revenues for the Pueblo, rapid reductions in unemployment, and establishment of the Tigua Tomorrow Fund (i.e., a long-­term financial investment fund and strategy). In addition, a new Empowerment Department founded a pre-­kindergarten and language program, allowing the Pueblo to support its youth through culturally relevant programming. Across our policy, economic, and cultural landscape, there is growing recognition among YDSP citizens that the Tigua people can and will secure the Pueblo’s future. In short, the Pueblo is building the resources, institutions, assets, and capacities we need to better secure our rights as an indigenous community, assert our sovereignty, enhance our economy, safeguard our cultural practices, and create a better place for future generations of Tigua. Perhaps, most impressively, Tigua’s nation building strategy and its commitment to YDSP self-­governance has positively impacted tribal leadership. Both the tribal council and our traditional spiritual leaders now recognize and embrace the need to secure the tribe’s place in the future. In the process, they succeeded in removing a major threat to the long-­ term future of the tribe. The Pueblo was not federally recognized until the 1987 Ysleta del Sur Pueblo Restoration Act was passed by Congress. The Act acknowledged the rights and powers of the tribe as a sovereign tribal nation. At the same time, however, the Act limited Tigua citizenship

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through a minimum blood quantum requirement. While the Restoration Act supported the Pueblo’s ability to build a better nation, the inevitability of some citizens marrying non-­Tiguas meant that it also denied many of our children their legacy, threatening the very identity of future generations. The Pueblo’s renewed strategically oriented mindset, however, enabled the tribe to act on behalf of those denied their heritage and place in the community. With undaunted commitment and effort from our tribal leaders, on August 10, 2012, the YDSP Blood Quantum Act was passed into federal law, recognizing the right of the tribe, itself, to determine its citizenship requirements. Needless to say, the Act will have far reaching implications for the Tigua of today and the Tigua of tomorrow. As we build toward that tomorrow, we look forward to working further with more institutions that “get” Indian Country and can nurture, support, and honor Native nations as we secure our legacies and our futures.

Notes Patricia Riggs is the Director of Economic Development for the Ysleta del Sur Pueblo. 1. “Office of Economic Development: Tigua Nation Building,” Ysleta del Sur Pueblo, accessed August 8, 2014, http://www.ysletadelsurpueblo.org/economic_develop ment.sstg?id=1&sub1=14. 2. “Concept Model,” Indigenous Design Planning Institute, University of New Mexico, accessed August 8, 2014, http://idpi.unm.edu/about/concept-­model.html. 3. “Overview,” The Harvard Project on American Indian Economic Development, accessed August 8, 2014, http://hpaied.org/about-­hpaied/overview. 4. Ibid.

appendix

Proposal Request to Tribal Communities or Native Organizations Call for Project Proposals from Native Communities and Leaders Nation Building II Projects of the Harvard University Native American Program (HUNAP) HUNAP and Nation Building II HUNAP is one of Harvard’s seventeen interfaculty initiatives of the Office of the President and Provost. Consistent with the Harvard University charter of 1650 calling for the “education of English and Indian youth,” HUNAP has developed partnerships with established faculties at Harvard to build viable programs of research, teaching, and outreach on issues affecting the lives of indigenous peoples. As part of this mission, HUNAP funds the Nation Building II graduate course offered through the John F. Kennedy School of Government and the Graduate School of Education. A Nation Building II project is a field-­based research project requested by a client that focuses on some of the major issues American Indian tribes and nations face. These projects are based on the “sovereign” choice of a community to partner with a university to study Native issues, including sovereignty, economic development, constitutional reform, leadership, health and social welfare, land and water rights, culture and language, religious freedom, and education. Graduate and undergraduate students enrolled in Nation Building II complete the project. 207

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The projects are conducted under the guidance of faculty members with relevant expertise. Students participate in a weekly colloquium where they present their work-­in-­progress to fellow students and faculty. The lead faculty member for Nation Building II is Professor Dennis Norman (Harvard Medical School). Professor Norman is also the Faculty Chair of HUNAP. Students are not writing term papers for a scholarly audience. Rather, they are charged with doing research that is likely to assist their client. From the students’ perspective, the learning comes from figuring out the links between their studies and the real challenges that Native decision makers and organizations face. From the clients’ perspectives, Nation Building II projects provide a source of assistance in the form of talented and committed students with the capacities to look into problems and issues that the press of daily events prevents the client from digging into. Students are not paid for their work, but instead produce their Nation Building II projects in fulfillment of course requirements. Students typically work in teams of two, and HUNAP supports short-­term field visits of the students on an as-­needed basis. Over the last seven years, more than eighty Nation Building II projects have been performed on behalf of tribes and tribal organizations.

Requesting a Project E-­mail Dennis Norman ([email protected]) with contact information so we can arrange a phone conversation. This initial call serves to explore and clarify a project that both can meet your needs and is practical to accomplish in a one-­semester course.

Submitting a Proposal After a project has been identified, the next step is to e-­mail your proposal to Dennis Norman ([email protected]). Please include brief answers to the following questions, numbering each answer to correspond with the question: 1. Your name and title 2. Your organization 3. Mailing address

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4. E-­mail address 5. Phone number 6. Fax number 7. Proposed title for the project 8. A one-­page description of the problem or concern you would like our students to work on 9. A brief explanation of how you expect to use the final product If e-­mail is not accessible, fax or send a typewritten proposal to: Prof. Dennis Norman Harvard University Native American Program 14 Story Street, Suite 400 Cambridge, MA 02138 Fax: (617) 496–3900

Frequently Asked Questions Are all submitted proposals assigned to a team of students? The number of Nation Building II project proposals received by HUNAP typically exceeds the number of students available to undertake projects. For this reason, we cannot guarantee that all proposals will be selected, though HUNAP makes every attempt to match students’ interests with prospective clients’ requests. All clients will be contacted whether their proposal was selected or not. If possible and acceptable to the client, proposals may be carried over into the following year.

Where can I find additional information? If you have questions, do not hesitate to contact Professor Norman by e-­ mail at [email protected], or by telephone at (617) 726–3285.

Index

Aboriginal Education Provincial Advisory Committee of Saskatchewan, 144 adoptions, 195 advisory committees, 174 Akwesasne Freedom School: cultural identity and, 134; environmental learning and, 134; establishment of, 3, 194; funding for, 135; language preservation by, 134; leadership training by, 134–35; lifelong learning and, 134; nonprofit alliances and, 135; objectives of, 134–35; parent involvement and, 135; stakeholders in, 135; standards and, 107 Alaska Native Knowledge Network (ANKN), 132, 133 Alaska Standards for Culturally Responsive Schools: adaptability of, 133, 137; cultural identity and, 135–36; lifelong learning and, 136; nonprofit alliances and, 136; objectives of, 107, 135–36; parent involvement and, 136; teacher training and, 137 Allotment Act of 1908, 37 aloha, 113 American Indian and Alaska Native Genetics Research Policy Formulation Meeting, 71

American Indian Law Center (AILC), 82 American Indian Tribal Histories Project, 139 Anishinabe, 142 Annual Funding Agreement (AFA), 167 assimilation, 134 Assiniboine & Sioux Tribes: demographics of, 37; funding and, 40; health care of, 17; nonprofit status and, 40–42 Assiniboine & Sioux Tribes’ Wellness Office, 40 Australian-American Energy Corporation, 16–17, 20, 34 Bad River Band of Lake Superior Chippewa Indians, 4 Ball, Jessica, 125 Bayh-Dole Act of 1986, 71 Belmont Study, the, 67, 68 Ben-no-tteh Wigwam (House of the Child), 125–26 Big Math for Little Kids, 123 Billing Carrer Center (BCC), 32 bioprospecting, 72 Bishop, Bernice Pauahi (princess), 113 Blackfeet Nation, 142 Black Hills War of 1876, 91

211

212  blood quantum, 206. See also genetic research Brazelton Touchpoints grant, 126 Bureau of Indian Affairs (BIA), 5, 57, 156, 168 Cherokee Nation, 143 Cherokee Nation Education Division, 143 Cherokee Nation Higher Education Program, 143 Chief Dull Knife Community College, 91–92, 100–101 Chiefs of Ontario, 144 Citizen Potawatomi Nation, 9 City College at Montana State University, 28, 33 Clinton, Bill (President), 70–71 coal mining, 16–17, 20, 23–25, 34–35 coal-to-liquids process, 16–17, 20, 28, 34 community-based participatory research, 79–81 Community-Based Participatory Research (CBPR), 11 Comprehensive Economic Development Strategy (CEDS), 202 confidentiality, 65, 68 contract support costs (CSC), 167, 168 co-operative education programs, 29, 30 Crow Nation: demographics of, 19–20; educational system of, 21–22, 25, 27; employment rates of, 21–22, 26; funding and, 30–31; government structure of, 20–21; graduation rates of, 27; job skills programs of, 26, 33; job training by, 23–27, 29; mining and, 16–17, 20, 23–25, 34–35 Crow Nation’s Employment Rights Office (TERO), 21 cultural identity, 7–8, 64, 134–38, 140, 190 customs (duties), 184 Dawes Act of 1887, 37 dialogic reading, 121 discrimination, 62, 69 distance learning, 27, 30

 Index

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Eager to Learn: Educating Our Preschoolers, 118–19, 121–24, 126–27 early childhood education: behavioral issues and, 117; classroom decorations and, 112; curriculum of, 110; diversity in, 112–13; emotional well-being and, 115–120; family and, 125–26; goals of, 127; healthy lifestyles and, 120–21; indigenous perspectives and, 125; math instruction in, 123–24; nonprofit alliances for, 127–28; parent-teacher relationships and, 112–13, 115–18, 125–26; play in, 119–120, 124; reading instruction and, 121–22, 124; reasons for, 110; science instruction in, 123–24; self-confidence building by, 110; of Shinnecock Indian Nation, 106; strategic planning for, 127; student-teacher relationships in, 125–27; teacher biases and, 112; Tigua people and, 205; vision statements for, 127 Education Coordination Unit, 144 enhanced oil recovery (EOR), 34 environmental learning, 134, 138, 141 Essential Understandings Regarding Montana Indians, 138, 139 federally recognized tribe status: funding sources and, 52; increases in, 8, 15; Indian Health Services (IHS) and, 5, 65; Saint Regis Mohawk Tribe of New York as, 149, 151, 182, 188; tax-exempt status and, 40, 45; Tigua as, 205 First Nations Development Institute, 42, 51–53 First Nations Regional Longitudinal Health Survey (RHS), 77 Flandreau Santee Sioux, 3–4 focus groups, 173–74 foodways, 111, 115 Forest County Potawatomi Community Foundation, 49 Fortescue Mining Groups Vocational Technical Education, 32 Fort Peck Reservation: educational system of, 38; employment rates of,

Index  37–38; government structure of, 38; health care of, 17, 38–39; history of, 37; objectives of, 38–41 Full Circle Curriculum and Materials, 139 fundraising, 51–53 Gayle’s Preschool Rainbow, 120–21 General Information Letter, 47 Genetic Education for Native Americans Program, 68–69 genetic research: benefits of, 68–70, 73–74, 79–81, 83; ethics of, 77, 78–81; laws governing, 68; ownership and, 82–83; regulations for, 68–70; secondary uses and, 70, 77; sovereignty and, 75, 81–83; tribal concerns with, 62, 69, 72–73, 80–81, 83; tribal guidelines for, 75–77; tribal oversight of, 76–78, 83–85 Great Law of Peace, 186 group consent, 65–66 Guidelines for Culturally Healthy and Responsive Learning Environments, 140–41, 142 Hardin School District, 21 Harjo, Joy, 114 “Harmony and Balance,” 111–12 Harvard Project on American Indian Economic Development (HPAIED), 42, 48, 201, 202, 204 Harvard University Native American Program, 58, 201, 204 Haudenosaunee Confederacy, 186, 190 Hawaiian Department of Education, 142 Head Start, 105, 116–17, 126 Health Insurance Portability and Accountability Act of 1996 (HIPAA), 68 Health Research Extension Act of 1985, 68 Himdag, 4 homelessness, 140 Hopi Education Endowment Fund, 42, 47–48, 52, 54

 213

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House of the Child, 125–26 Human Genome Project, 72 IHS Tribal Consultation and Partipation Policy, 71 Impact Aid grant, 21 Indian Education Act of 1972, 105 Indian Health Care Improvement Act of 1976, 57–58 Indian Health Services (IHS), 5, 62, 65, 156, 168 Indian Nations Justice Forum, 186, 198 Indian Self-Determination and Education Assistance Act of 1975, 8, 105, 155 Indigenous Child Project, 125 Indigenous Design and Planning Institute (iDPi), 203 Indigenous People’s Council on Biocolonialism (IPCB), 62, 82 Indigenous Research Protection Act and Academic Research Agreement, 82 informed consent, 65, 68, 70 Institute for Community Integration, 111 Institutional Review Board. See IRB Institutional Review Board Guidebook, 67 Integrated Border Enforcement Team (IBET), 184 intellectual property rights, 64, 66, 71–72 Inupiaq Curriculum Framework, 114–15 Iraqi Construction Apprenticeship Program, 32–33 IRB, 63, 65, 68, 70, 76, 83 job-shadowing programs, 29 job skills programs, 26, 33 Jones, Guy, 113–14 Journey Toward a Healthy Community, 40 Judicial Oversight Commission (JOC), 186 Kahnawake Schools Diabetes Prevention Project (KSDPP) Code of Research Ethics, 77

214  Kaianerenh:kowa, 186 Kamehameha Early Education Program, 113, 119–120 Kamehameha Schools, 113, 119–120, 142 Kanien’keha:ka Aohsera, 134 kaupapa, 144 Kermode Friendship Society, 125 Kubic, Chuck (Admiral), 32–33 kuleana, 113 Lacapa, Kathleen, 115 Lacapa, Michael, 115 Laguna Education Foundation, 48 Laichwiltach Family Life Society, 125 laulima, 113 Lee, Paul, 114 Lessons From Turtle Island: Native Curriculum in Early Education Classrooms, 113–16, 124, 126 Less Than Half, More Than Whole, 115–16 Lil’wat nation, 125 Little Big Horn College, 21, 26–28 Lodge Grass School District, 21 lokomaika‘i, 113 malama, 113 Maori, 144 Martin, Philip, 15 mediation, 198–99 Minnesota Department of Education, 111 Minnesota Office of Indian Education, 111–12 mission statements, 48–50, 127 Mississippi Choctaw, 15, 143 Mississippi Choctaw Tribal School System, 33 Mohawk Ceremonial Year, 134 Mohawk Council of Akwesasne: child welfare system of, 191–92, 195, 197; court system of, 180–82, 185–88, 192–93, 196–99; cultural identity and, 190; description of, 178; federal regulations and, 188–89, 195; funding and, 181, 189, 194; governing body

 Index

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of, 179; history of, 182; objectives of, 151–52, 192–93; police force of, 179, 183–85, 192–93; Saint Regis Mohawk Tribe of New York and, 178–79, 188–89, 191, 194; self-governance and, 3; sovereignty and, 195–200 Mohawk Council of Akwesasne Justice Department, 186–87 Mohawk Nation, 132, 134–35 Mohawk Nation Council of Chiefs, 181, 198 Montana Arts Council, 139 Montana Department of Fish, Wildlife, and Parks, 139 Montana Indian Education for All project, 137–140, 192 Montana Office of Public Instruction (OPI), 137–38, 139 Montana’s Indian Education for All, 107 Montana State University, 28, 33 Montessori, 120 Moomaw, Sally, 113–14 mortality rates, 62 multicultural families, 115 Muscogee Creek Nation, 9 National Association for the Education of Young Children, 125–26 National Commission of Human Subjects of Biomedical and Behavioral Research, 67 National Congress of American Indians (NCAI), 168, 182 National Cultural Standards Project, 146 National Human Genome Research Institute (NHGRI), 71 National Indian Education Association (NIEA), 11–12, 48–49, 105–7, 131–32, 144–46 National Indian Youth Leadership Program (NIYLP), 42, 50 National Institute of General Medical Sciences (NIGMS), 71 National Institutes of Health, 67 National Native Cultural Standards project, 106, 132, 133

Index  National Research Act, 67 National Research Council and Committee on Early Childhood Pedagogy, 118–19 National Research Council of the National Academics, 71 National Science Foundation, 136 Native Hawaiian Education Council, 132, 136, 140–41, 142 Native Hawaiian Guidelines, 107 Native languages, 105, 113, 134, 141, 143, 205 Native Nation’s Institute (NNI), 202 Navajo Community College Act of 1971, 105 Navajo Nation, 75–76, 142 Navajo Nation Human Research Code, 76 Navajo Nation Human Research Review Board (NNHRRB), 76 Navajo Nation Research Conference, 76 Neh-Kanikonriio Council, 186–87, 192 “Nest of Voices,” 141 networking, 50–51 New Agenda: A Manifesto for First Nations in Ontario, the, 144 Nga¯ ti Kahungunu Iwi, 144 NHGRI Ethical, Legal, and Social Implications (ELSI) Program, 68–69 No Child Left Behind, 101, 133 nonprofit alliances: accountability for, 96; benefits of, 146; commitment to, 99–100; communication in, 96–97; conflicts in, 101, 102; early childhood education and, 127–28; engagement framework for, 93–94, 98–99; goals of, 93–94, 102; incentives for, 95–96, 98, 102; leadership of, 97, 99, 102; power structures of, 101; relationships of, 97–98, 99; reputation of, 96; resources for, 95; setback and, 99; stakeholders in, 92–93 nonprofit status, 40–42 Northern Cheyenne Tribal Council, 100, 102 Northern Cheyenne Tribe, 90–91

 215

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Office of Hawaiian Affairs, 142 Office of Human Research Protection (OHRP), 68 Office of Self-Governance Communication and Education, 170 Ohenton Karihwatekwen, 134 Ohkay Owingeh Pueblo, 150–51, 154, 158 Ojibwe, 111–12, 142 One Sky Center, 63 Oregon Health and Science University, 63 Osage, 3 parent-teacher relationships, 112–13, 115–18, 125–26 Partnerships, Accountability, and Creating Trust (PACT), 59, 91–92, 101, 103 PBS Teachers, 120, 124 Plenty Coups (Pryor) School District, 21 police force: of Flandreau Santee Sioux, 4; of Saint Regis Mohawk Tribe of New York, 179, 183–85, 192–93 pono, 113 Potawatomi Nation, 125–26 poverty, 15, 140, 201 Prairie Band Potawatomi Nation, 125–26 “Preparing Children for a Multicultural World,” 112 PrettyPaint, Iris, 138 Professional Empowerment Program (PEP), 26, 33 Project Intersect, 111 Project Pueblo Economic Revitalization, 201–2 Prompt, Evaluation, Expansion, Repetition (PEER), 121–22 property law, 198 Pu¯nana Leo, 141 Quakers, 135 quliaqtuat, 115 READY organization, 94 “Respect, Restore and Develop,” 203 RHS Research Code of Ethics, 77

216  Right Start Curriculum, 122–23 Rural Systemic Initiative, 136–37 Saint Regis Adult & Child Protective Services (CPS), 195, 197 Saint Regis Mohawk Tribe of New York: child welfare system of, 191–92, 195, 197; court system of, 180–82, 185–88, 192–93, 196–99; cultural identity and, 190; description of, 178; federal regulations and, 188–89, 195; funding and, 181, 189, 194; governing body of, 179; history of, 182; Mohawk Council of Akwesasne and, 178–79, 188–89, 191, 194; objectives of, 151–52, 179–180, 182–83, 192–93; police force of, 179, 183–85, 192–93; selfgovernance and, 3, 182; sovereignty and, 179, 195–200 Salish and Kootenai Tribal College, 9 scholarships, 29–30 ScienceStart! 123 Section 501(c)(3), 42, 43–47, 53–54 Section 7871, 42, 43–47, 53–54 self-determination, 9, 11–12, 15, 90, 146, 149, 203 self-governance: benefits of, 155–56; budgeting and, 167–68; Bureau of Indian Affairs and, 156, 168; communication and, 162–63, 165–66; cultural identity and, 7–8; description of, 155–56; economic growth and, 16; education and, 9–10; facilitators and, 172–73; federal regulations and, 167, 169; funding and, 155–56, 167–68; importance of, 4; incentives and, 161, 165; increases in, 3–4; Indian Health Services (IHS) and, 156, 168; objectives of, 4–11, 164, 166; personnel and, 160–61, 165; reporting and, 167–69; Saint Regis Mohawk Tribe of New York and, 182; sovereignty and, 6–7, 156; stakeholders in, 163–64, 166, 169, 172; strategic planning for, 157–58, 168, 169–173; technology and, 161–62, 165; tribal

 Index

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leadership and, 10–11, 168; United Nations Declaration on the Rights of Indigenous Peoples and, 3; venues for planning of, 173–74; Ysleta del Sur Pueblo and, 205 Self-Governance Act of 1994, 155 Self-Governance Task Force: budgeting and, 167–68; Bureau of Indian Affairs and, 168; communication and, 162–63, 165–66; facilitators and, 172–73; federal regulations and, 167, 169; funding and, 167; incentives and, 161, 165; objectives of, 164, 166; personnel and, 160–61, 165; reporting and, 167–69; stakeholders in, 163–64, 166, 169, 172; strategic planning for, 168, 169–173; technology and, 161–62, 165; tribal leadership and, 168; venues for planning of, 173–74 Seneca Nation, 195 Sharin’ with Sharron, 121 Sisseton Wahpeton Oyate of the Lake Traverse Reservation, 26 smuggling, 184 sovereignty: federally recognized tribe status and, 149; genetic research and, 63, 64, 67, 75, 81–82; research projects and, 81–82; of Saint Regis Mohawk Tribe of New York, 179; self-governance and, 154, 156; strengthening of, 195–200 “Sovereignty Matters,” 204 Speaking Rock Casino, 201 Stephenson, David J., 72 St. Labre Catholic School, 100–101 strategic planning, 157–58 substance abuse, 26, 33 SWOT (Strengths, Weaknesses, Opportunities, and Threats), 151, 154, 158 task forces, 174 teachers: biases of, 112; effectiveness of, 127; licensure for, 28, 30, 142; training for, 135, 139–140, 142 Thanksgiving Address, 134

Index  The Good Luck Cat, 114, 124 “Three Sisters Garden: A Class Gitigaan,” 111 Tigua, 201–6 Tigua Business Center, 202 Tigua Inc. Development Corporation, 202 Tigua Tomorrow Fund, 205 Tla’Amin (Sliammon) First Nation, 125 Tohono O’odham Nation, 4 trademark law, 66 Traditional Medicine Clinic, 187 Transition of Children from Ute Head Start to Public School Kindergarten: Case Study in Schooling At-Risk Native American Children, 116–17, 126 tribal leadership: changing of, 90, 102, 149–150; education for, 134–36, 138, 139, 141, 143; health care and, 40; nonprofit alliances and, 97, 99; selfgovernance and, 10–11, 149–150, 168 Tribally Controlled Community College Assistance Act of 1978, 105 2008 Montana Indian Education for All Best Practices Conference, 132, 138, 139 unemployment, 21, 201 unipkaat, 115 United Nations Declaration on the Rights of Indigenous Peoples, 3 United South and Eastern Tribes, 182

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United Tribes Technical College, 33–34 University of Arizona, 202 University of Minnesota, 111 University of New Mexico, 203 University of Victoria, 125 uqaluktuat, 115 U.S. Code of Federal Regulations, 68 U.S. Department of Health and Human Services (HHS), 68, 70–71 Ute Mountain Ute Tribe, 116–17, 126 vocational training, 27, 29, 30 Walmart Foundation, 40, 52–53 Wellness and Health Promotion Disease Prevention Programs, 40 Western Heritage Center, 139 Westmoreland’s Absaloka mine, 20 workshops, 174 Written Tribal History Project, 139 Youth Tribal Council, 143 Ysleta del Sur Pueblo, 201, 203 Ysleta del Sur Pueblo Blood Quantum Act of 2012, 206 Ysleta del Sur Pueblo Restoration Act of 1987, 205 Ysleta del Sur Pueblo’s Economic Development Department, 201 Zion, James W., 71 Zuni, 75–76 Zuni Health Board, 76

About the Editors

Dennis K. Norman received his doctorate in Human Development and Counseling, Consulting Psychology from Harvard University and his clinical training within the Department of Psychiatry at the Massachusetts General Hospital. He is currently Associate Professor of Psychology/ Psychiatry at Harvard Medical School and Faculty Chair of the Harvard University Native American Program. Dr. Norman was the Chief of Psychology at Massachusetts General Hospital from 1989 to 2014. His Nation Building II course is offered jointly through the John F. Kennedy School of Government and Graduate School of Education at Harvard for graduate students from all Harvard schools and the College. Joseph P. Kalt is the Ford Foundation Professor of International Political Economy (Emeritus) at the John F. Kennedy School of Government at Harvard University. He is also a co-­director and founder (with Stephen Cornell) of the Harvard Project on American Indian Economic Development. Together with Dr. Manley Begay, Prof. Kalt launched the Nation Building I and II course series at Harvard in 1997–98.