On July 29, President Obama signed into law the Tribal Law and Order Act, legislation that takes a comprehensive approach to addressing the shortfalls in fighting crime in Indian Country.
The House passed the legislation last week (see AIR post published last week); and the Senate approved it on June 24, 2010.
Jefferson Keel, president of the National Congress of American Indians, was among the many — tribal leaders, federal lawmakers, advocates, tribal law enforcement personnel and others — that attended the signing ceremony.
Keel said in NCAI press release issued yesterday: “Today, by enacting the Tribal Law and Order Act, President Obama and the United States government reaffirmed its federal trust responsibility to work with tribal nations to strengthen our governments, our people and our communities. We will use the tools in the Tribal Law and Order Act to crack down on crime and make our communities safer.”
As highlighted in the NCAI press release, the law’s major provisions include:
o Evidence Sharing and Declination Data: Requires federal prosecutors to maintain data on criminal declinations in Indian country, and to share evidence to support prosecutions in tribal court.
o Tribal Court Sentencing: Increases tribal court sentencing authority from 1 to 3 years imprisonment where certain constitutional protections are met.
o Federal Testimony: Requires Federal officials who work in Indian country to testify about information gained in the scope of their duties to support a prosecution in tribal court.
o Tribal Police Access to Criminal History Records: Many tribal police have no access to criminal history records. The bill will provide tribal police greater access to criminal history databases that provide them with essential information when detaining or arresting a suspect.
o Improves transparency in Public Safety spending by the BIA, and requires greater consultation on the part of the BIA to tribal communities on matters affecting public safety and justice.
o Increased sexual assault training and standardized protocols for handling sex crimes, interviewing witnesses, and handling evidence of domestic and sexual violence crimes in Indian country.
o Increases recruitment and retention efforts for BIA and Tribal Police.
o Expands training opportunities for BIA and tribal police to receive training at State police academies, and tribal, state, and local colleges – where Federal law enforcement training standards are met.
o Increases Deputizations of Tribal and State Police to Enforce Federal Law: Enhances Special Law Enforcement Commission program to deputize officers to enforce federal laws on Indian lands.
o Authorizes deputization of Special Assistant U.S. Attorneys to prosecute reservation crimes in Federal courts, and encourages Federal Courts to hold cases in Indian country.
o Authorizes the Drug Enforcement Agency to deputize tribal police to assist on reservation drug raids.
o Programmatic Reauthorizations: The bill will reauthorize and improve existing programs designed to strengthen tribal courts, police departments, and corrections centers – as well as programs to prevent and treat alcohol and substance abuse, and improve opportunities for at-risk Indian youth.
Friday, July 30, 2010
Thursday, July 29, 2010
On-The-Job Training Grants to Put Native Americans Back to Work
Late last month, the Department of Labor awarded $75 million in American Recovery and Reinvestment Act of 2009 funds for On-the-Job Training, National Emergency Grants, and three federally recognized tribes were among more than 40 states that received awards.
The Cherokee Nation in Oklahoma received $850,357; the Orutsararmiut Native Council in Alaska received $286,387; and the Seminole Nation in Oklahoma received $236,668.
The funding is to be used for getting people back to work, particularly in areas disproportionately impacted by the recession. Specifically, they will fund on-the-job training projects, ones that offer participants the chance to develop new occupational skills while earning a paycheck and provide participating employers partial reimbursement to offset the cost of training workers.
In a press release announcing the awards, the DOL said the projects will help workers become proficient in needed skills more quickly, which will encourage employers to hire workers sooner than planned. They will spur private sector hiring of well-qualified individuals and, ultimately, economic recovery.
Kim Carroll, Cherokee Nation Career Services’ director of Grants & Compliance, could not say to what degree exactly Cherokee Nation citizens have been impacted by the recession, but she knows that counties with larger Indian populations usually have higher unemployment rates.
Cherokee Nation jurisdiction spans 14 counties in rural northeastern Oklahoma. “We do know that these counties have seen as much as a five point increase in their unemployment rates since 2008, compared to the state of Oklahoma, which has had a 2.5 point increase,” she said.
The Cherokee Nation’s on-the-job training project will allow more Cherokee citizens to go back to work. Carroll said it will reimburse employers of an on-the-job trainee during the worker’s training period, that period when the employee learns the company’s policies and procedures and specific duties.
“During this time, productivity is low, mistakes are made, and it’s a gamble on the employer’s part,” Carroll said.
By reimbursing employees for a percentage of the trainee’s wages during the training period, Carroll believes employers will be more willing to take a chance.
“We will be working with both employers and employees to match individuals with these opportunities. It will allow employers to expand their businesses and allow potential workers to learn new job skills,” she said.
The Cherokee Nation in Oklahoma received $850,357; the Orutsararmiut Native Council in Alaska received $286,387; and the Seminole Nation in Oklahoma received $236,668.
The funding is to be used for getting people back to work, particularly in areas disproportionately impacted by the recession. Specifically, they will fund on-the-job training projects, ones that offer participants the chance to develop new occupational skills while earning a paycheck and provide participating employers partial reimbursement to offset the cost of training workers.
In a press release announcing the awards, the DOL said the projects will help workers become proficient in needed skills more quickly, which will encourage employers to hire workers sooner than planned. They will spur private sector hiring of well-qualified individuals and, ultimately, economic recovery.
Kim Carroll, Cherokee Nation Career Services’ director of Grants & Compliance, could not say to what degree exactly Cherokee Nation citizens have been impacted by the recession, but she knows that counties with larger Indian populations usually have higher unemployment rates.
Cherokee Nation jurisdiction spans 14 counties in rural northeastern Oklahoma. “We do know that these counties have seen as much as a five point increase in their unemployment rates since 2008, compared to the state of Oklahoma, which has had a 2.5 point increase,” she said.
The Cherokee Nation’s on-the-job training project will allow more Cherokee citizens to go back to work. Carroll said it will reimburse employers of an on-the-job trainee during the worker’s training period, that period when the employee learns the company’s policies and procedures and specific duties.
“During this time, productivity is low, mistakes are made, and it’s a gamble on the employer’s part,” Carroll said.
By reimbursing employees for a percentage of the trainee’s wages during the training period, Carroll believes employers will be more willing to take a chance.
“We will be working with both employers and employees to match individuals with these opportunities. It will allow employers to expand their businesses and allow potential workers to learn new job skills,” she said.
Wednesday, July 28, 2010
Dorgan Introduces Bill Seeking Resolution of Impacts from Pick-Sloan Dams
Chairman of the Senate Indian Affairs Committee Byron Dorgan (D-N.D.) has introduced a bill that would seek a comprehensive approach to resolving problems imposed on seven tribes whose lands were flooded by the Pick-Sloan Program dams, a press release issued by the Senate Committee on Indian Affairs announced on July 27.
The 1944 Flood Control Act authorized the Pick-Sloan Program to stop flooding along the Missouri River, yet it had other purposes, like navigation and hydroelectric power. It resulted in five dams being constructed on the river, which ended up flooding tribal lands, including community infrastructure and agricultural and hunting areas.
While the tribes received some compensation, each was compensated differently. For several decades, Dorgan said, the federal government has fielded claims from tribes that were impacted, but it has never had a comprehensive approach to resolving them.
The legislation, named the “Pick-Sloan Tribal Commission Bill,” would establish a commission that would hold hearings and study the outstanding issues in order to make final recommendations to Congress and the Administration for a comprehensive resolution of the tribal claims.
The 1944 Flood Control Act authorized the Pick-Sloan Program to stop flooding along the Missouri River, yet it had other purposes, like navigation and hydroelectric power. It resulted in five dams being constructed on the river, which ended up flooding tribal lands, including community infrastructure and agricultural and hunting areas.
While the tribes received some compensation, each was compensated differently. For several decades, Dorgan said, the federal government has fielded claims from tribes that were impacted, but it has never had a comprehensive approach to resolving them.
The legislation, named the “Pick-Sloan Tribal Commission Bill,” would establish a commission that would hold hearings and study the outstanding issues in order to make final recommendations to Congress and the Administration for a comprehensive resolution of the tribal claims.
Tuesday, July 27, 2010
Oklahoma Universities Take Top Three Spots in Indian Bachelor Degree Ranking
American Indian bachelor degree-producing universities have been ranked by Diverse Issues in Higher Education, and the top three are in Oklahoma, as reported by Tulsa World on July 26.
Oklahoma institutions, in fact, hold six of the top 12 spots and 12 of the top 100.
The three universities at the very top are Northeastern State University, where 370 American Indians earned four-year degrees in 2008-2009; Oklahoma State University, which also reported 370 Native degree earners; and the University of Oklahoma, where 258 earned degrees.
Oklahoma institutions, in fact, hold six of the top 12 spots and 12 of the top 100.
The three universities at the very top are Northeastern State University, where 370 American Indians earned four-year degrees in 2008-2009; Oklahoma State University, which also reported 370 Native degree earners; and the University of Oklahoma, where 258 earned degrees.
Friday, July 23, 2010
Two Plead Guilty to Stealing from Fort Peck Credit Program
Two former Fort Peck tribal employees pleaded guilty in federal court yesterday to their roles in the theft of $1 million from a credit program, according to an AP article published yesterday in GreatFallsTribune.com.
Evadna Running Bear and Angelita Headdress, both who served as accounting technicians for the Fort Peck Credit Program, are accused of embezzling money from the program and attempting to hide it by altering computer information and using different names on loans. The activity occurred from Aug. 1999 to May 2009.
The two are among six people to plead guilty in this case. They will be sentenced in October.
Evadna Running Bear and Angelita Headdress, both who served as accounting technicians for the Fort Peck Credit Program, are accused of embezzling money from the program and attempting to hide it by altering computer information and using different names on loans. The activity occurred from Aug. 1999 to May 2009.
The two are among six people to plead guilty in this case. They will be sentenced in October.
Thursday, July 22, 2010
House Passes Tribal Law and Order Act
Yesterday, the U.S. House approved the Tribal Law and Order Act, legislation aimed at improving all aspects of the justice system on Indian reservations and clearing up jurisdictional confusion among tribal, state and local law enforcement officials.
The legislation was included as part of H.R. 725, the Indian Arts and Crafts bill, which received a 326-92 vote. It passed the Senate last month. It is now on its way to President Obama, who is expected to sign it.
The bill was authored by U.S. Sen. Byron Dorgan (D-N.D.), chairman of the Senate Committee on Indian Affairs, who describes the legislation as a response to a “crisis” in Indian Country law enforcement.
On many reservations, violent crime rates are far higher than the national average. On the Standing Rock Sioux Reservation in North Dakota, for instance, the rate was 8.6 times higher in 2008.
Violence against Native American women has reached epidemic levels, with more than one in three being a victim of rape and two in five that will suffer domestic or partner violence in their lifetimes, as reported by the Department of Justice and Centers for Disease Control.
Getting the bill enacted has been one of Dorgan’s top priorities as Chairman of the Senate Committee on Indian Affairs.
“Every American has a right to live in a safe community. That certainly includes the First Americans,” he said in a press release issued yesterday by the committee.
“The legislation takes several steps toward creating better federal accountability over Indian Country crime,” Stacy Leeds, professor and Interim Associate Dean for Academic Affairs and director of the Tribal Law and Government Center at the University of Kansas School of Law, told AIR.
For example, federal officials have declined to prosecute more than 50 percent of violent crimes in Indian Country. The bill requires the DOJ to maintain data on criminal declinations and share evidence with tribal justice officials when a case is declined.
It also requires Indian Health Service facilities to implement consistent sexual assault protocols and requires federal officials to provide documents and testimony gained in the course of their federal duties to aid in prosecutions before tribal courts.
“The portion of the new legislation which will be most newsworthy to tribal communities is that the legislation amended the Indian Civil Rights Act's previous sentencing limitations on tribal court,” Leeds said.
Under the Civil Rights Act, tribal courts have the authority to sentence an offender to no more than one year in prison. The new legislation increases the maximum to three years.
The legislation includes other provisions. Click here to view the entire bill.
The legislation was included as part of H.R. 725, the Indian Arts and Crafts bill, which received a 326-92 vote. It passed the Senate last month. It is now on its way to President Obama, who is expected to sign it.
The bill was authored by U.S. Sen. Byron Dorgan (D-N.D.), chairman of the Senate Committee on Indian Affairs, who describes the legislation as a response to a “crisis” in Indian Country law enforcement.
On many reservations, violent crime rates are far higher than the national average. On the Standing Rock Sioux Reservation in North Dakota, for instance, the rate was 8.6 times higher in 2008.
Violence against Native American women has reached epidemic levels, with more than one in three being a victim of rape and two in five that will suffer domestic or partner violence in their lifetimes, as reported by the Department of Justice and Centers for Disease Control.
Getting the bill enacted has been one of Dorgan’s top priorities as Chairman of the Senate Committee on Indian Affairs.
“Every American has a right to live in a safe community. That certainly includes the First Americans,” he said in a press release issued yesterday by the committee.
“The legislation takes several steps toward creating better federal accountability over Indian Country crime,” Stacy Leeds, professor and Interim Associate Dean for Academic Affairs and director of the Tribal Law and Government Center at the University of Kansas School of Law, told AIR.
For example, federal officials have declined to prosecute more than 50 percent of violent crimes in Indian Country. The bill requires the DOJ to maintain data on criminal declinations and share evidence with tribal justice officials when a case is declined.
It also requires Indian Health Service facilities to implement consistent sexual assault protocols and requires federal officials to provide documents and testimony gained in the course of their federal duties to aid in prosecutions before tribal courts.
“The portion of the new legislation which will be most newsworthy to tribal communities is that the legislation amended the Indian Civil Rights Act's previous sentencing limitations on tribal court,” Leeds said.
Under the Civil Rights Act, tribal courts have the authority to sentence an offender to no more than one year in prison. The new legislation increases the maximum to three years.
The legislation includes other provisions. Click here to view the entire bill.
Wednesday, July 21, 2010
National Museum of the American Indian to Host “Living Earth Festival”
The Smithsonian’s National Museum of the American Indian in Washington, D.C., will host a three-day Living Earth Festival to acknowledge Native contributions to managing the environment and sustaining lifeways and foodways.
The festival, running Aug. 6-8, will include a symposium, with discussions focusing on water, wind and salmon; hands-on activities for kids and families; an outdoor fresh-produce market; a fine art market; a cooking competition; and a concert.
“The museum is uniquely positioned to be a point of convergence on this important global issue,” Kevin Gover, director of the museum, said in a press release. “Building on the success of past Mother Earth events, which since 2007 have brought together scientists, Native elders and musicians, the museum will combine the festival celebration with a ‘call to consciousness’ of contemporary environmental issues that affect all peoples as well as showcase contemporary Native environmental efforts.”
The festival, running Aug. 6-8, will include a symposium, with discussions focusing on water, wind and salmon; hands-on activities for kids and families; an outdoor fresh-produce market; a fine art market; a cooking competition; and a concert.
“The museum is uniquely positioned to be a point of convergence on this important global issue,” Kevin Gover, director of the museum, said in a press release. “Building on the success of past Mother Earth events, which since 2007 have brought together scientists, Native elders and musicians, the museum will combine the festival celebration with a ‘call to consciousness’ of contemporary environmental issues that affect all peoples as well as showcase contemporary Native environmental efforts.”
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