The Clean Water Act’s Waiver of Sovereign Immunity

In an apparent whistle-blower action, the former head of public works for the Viejas Indian Tribe is asking for $3 million in damages and his old job back, because, he says, he was fired after complaining that a tribal elder's cattle were polluting a creek that drains into the Loveland Reservoir. The courts have ruled that under the provisions of the Clean Water Act, tribes cannot get the suit dismissed by claiming sovereign immunity.

According to the San Diego Union-Tribune, Jamal Kanj, 50, was fired in 2005, but tribal officials say it was because of his poor work. Lawyers for the tribe tried to get the case thrown out, claiming sovereign immunity, but the Department of Labor has held -- and the courts have affirmed -- that Congress abrogated tribal immunity with regard to the whistle-blower sanctions of the Clean Water Act. In Osage Tribal Council v. Department of Labor, the 10th U.S. Circuit Court of Appeals ruled that since Congress included tribal governments within the definition of municipalities, they were subject to the whistle-blower provisions of the act just as municipalities are.

CDC Releases Comprehensive Report on Cancer Incidence in AI/AN

Overall, incidence rates for most cancers among American Indians/Alaska Natives are lower than those for whites, but they are higher in certain cancers, such as stomach, liver, kidney, gallbladder, nasopharynx and cervical cancers, according to a report just released by the Centers for Disease Control.

The report, the most comprehensive look at cancer incidence in Native Americans, also found that cancer rates vary greatly depending on what region of the country Natives live in. For instance, lung cancer rates are at their highest among those living in the Northern Plains and Alaska, while the lowest rates are in the Southwest. Rates for colorectal cancer are at their highest in the Northern Plains and Alaska. Breast cancer rates among Native women vary significantly, the report said, with the highest in Alaska and the Northern and Southern Plains and the lowest in the Southwest.

The report, titled “Cancer Incidence in American Indian/Alaska Native (AI/AN) Populations,” will be published as a supplement issue to the journal Cancer, Sept. 1, 2008. The full report can be downloaded at www.interscience.wiley.com/cancer.

CBCA Rules on Indirect Cost Disputes

The Civilian Board of Contract Appeals in July ruled on claims submitted by tribal governments or Alaska Native villages with awards under the Indian Self Determination Act. A number of these claims were dismissed because the statute of limitations had run out, but in the claims that were not dismissed, the main issue focused on t he payment of contract support from the Indian Health Service. The board ruled that the IHS must demonstrate that it has actually paid the full amount of ISD contract support dollars allocated to it by Congress for the years in questions. If the IHS cannot document that it has paid the full allocation, then the tribes will have a claim against the agency.

NBC Will Drop Challenge to Council Expenses, for Now

The National Business Center will not challenge the inclusion of expenses related to the tribal council as part of indirect cost negotiations. Previously the NBC had said it would only agree to those council expenses that can be documented and that are allowable in OMB Circular A-87 (see section 19), which meant it would not allow council stipends and salaries. However, according to an August 26 letter from James Cason, of the Department of Interior, Interior will defer implementation of that provision until 2010. In the meantime, Interior will be consulting with tribal governments on the provision and will be consulting with legal experts on the applicability of OMB Circular A-87 to tribal governments.

NCAI Data Shows Native Americans Could Decide Election

The National Congress of American Indians national Native Vote campaign released data this week that confirms that Native American voters could influence the outcomes of the presidential and congressional elections in key states.

In Alaska, for instance, where there are 226 tribes, the Native voting age population is 81,762, or 19 percent of the total population. In Montana, home to seven tribes, the Native voting age population is 46,669, or 6 percent of the total population. In New Mexico, home to 22 tribes, Native voters number 140,401, or 11 percent of the total population.

"While political analysts have been focusing on the Hispanic vote in Florida, Arizona and New Mexico, the Native Vote continues to be overlooked as a secret weapon in this election," NCAI President Joe A. Garcia said in a press release.

The NCAI Native Vote initiative is mobilizing voters in 20 states, including Alaska, Arizona, California, Colorado, North Dakota and South Dakota.

Historic Native Charter School Closed for Financial Mismanagement

A school founded 30 years ago to provide a nurturing atmosphere for Native American children is on the verge of collapse because financial oversight is so lacking there the state of Minnesota and the Minneapolis school district have withdrawn support for the school. Without the sponsorship of the school district, the school cannot stay open. The school board's decision to sever ties with Oh Day Aki/Heart of the Earth beginning Sept. 9 comes after a recent state-mandated audit revealed more than $160,000 missing, according to the Minneapolis Star Tribune. The executive director is under investigation. Another story in the Star Tribune, detailed the director’s lavish lifestyle and the fact that his resume included false information about his background and education. About 220 students attended the school.

Here's a question. Doesn’t the school board have to bear some of the blame for this? According to the Star Tribune, the director was writing checks to himself, in contradiction of school policy, which he somehow managed to thwart. And where was the due diligence when he was hired. If the newspaper could find out he’d lied on his resume, why didn’t the school board?

Coquille First Tribe in the Country to Recognize Same-Sex Marriage

Kitzen Branting, 25, a member of the Coquille Indian Tribe on the southern Oregon coast, will wed her long-time companion, Jeni Brantings, next spring in what may be the first tribally sanctioned same-sex marriage in the country. In May, the Coquille adopted a law that recognizes same-sex marriage and extends to gay and lesbian partners, at least one of whom must be a Coquille, all tribal benefits of marriage. The tribe’s law runs afoul of Oregon state law and federal law, neither of which recognizes same-sex marriage. Read more about it here.