Editor's Comments - August 18, 2014: Who really has the power?

We spend so much time protesting things we are against and still mostly nothing changes. But I am seeing more and more tribes entering into joint ventures and partnerships with non-Indian entities to get things done. Roads are being built and maintained, folks are becoming more and more sensitive to our cultural concerns, business development is thriving in some places, and state/local governmental entities are finally understanding that our contribution to their services economy is a good thing.

Protesting makes us feel good, but our best resource is our elected tribal officials who somewhat have a voice in Congress. These folks appear before Senate and House Committees pleading our causes, hire lobbyists to win votes, and use our resources to dangle in front of entities to negotiate benefits and in-kind payments that benefit our communities. Another useful tool is the Tribal Employment Rights authority which gives the TERO program authority to enforce tribally enacted Indian Preference law to insure that Indian/Alaska Native people gain their rightful share to employment, training, contracting, subcontracting, and business opportunities on and near reservations and native villages.

A Tribe’s authority to enact and enforce an Indian/Native employment preference law is grounded in its inherent sovereign status. This legal doctrine is the most basic principle of Indian law and is supported by a host of Supreme Court decisions. Inherent sovereign powers derive from the principle that certain powers do not necessarily come from delegated powers granted by express acts of Congress, but are inherent powers of a limited sovereign that have never been taken away.

There are a host of tools available to tribes which push us closer to a better playing field. Partnerships, joint ventures and negotiating agreements that include the clause "Must comply will all applicable tribal laws and ordinances, now or in the future" is our most effective manner to push the pendulum towards us. This effort is much more effective that simply protesting causes outside the scope of our elected tribal officials. If they don't comply with the voice of the people, then our recourse is to vote for someone else next election.

Jay Daniels - Roundhouse Talk

Legal News
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PINE RIDGE — Recent news reports surrounding the dealings of entrepreneur, tribal economic development specialist, and owner of multiple incorporated businesses on the reservation, Raycen Raines, has fueled…

California Supreme Court decides Ione Band of Miwok Indians vs. Franklin

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  In this action, Plaintiff Ione Band of Miwok Indians brought suit against Defendant and defendant Johnny Jamerson for money had and received and account stated based on…

Ex-legislator sentenced in Rocky Boys tribal corruption case

Ex-legislator sentenced in Rocky Boys tribal corruption case

GREAT FALLS, Mont. (AP) — A federal judge sentenced a former state legislator to 7 1/2 years in prison on theft, bribery and tax-evasion charges for embezzling federal…

Feds seek mineral rights, money in Fort Berthold oil patch case

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FARGO, N.D. — Federal prosecutors are seeking mineral rights and money from a North Dakota man questioned in an alleged murder-for-hire scheme in Washington state and jailed on…

Federal Cross-Motion for Summary Judgment in City of Duluth v. NIGC

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Judges suspended by Tribal Council following KBIC civil lawsuit hearing

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BARAGA – Plans for the new Keweenaw Bay Indian Community casino in Baraga County could be delayed following a lawsuit against Tribal Council President Donald Shalifoe and Treasurer Eddy…

Second Circuit En banc Petition by Stockbridge-Munsee Community

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In the case of Stockbridge-munsee community, Plaintiff-Counter Defendant-Appellant, v. State of new york, mario cuomo, as governor of the state of new york, new york state department of…

New Mexico Files Suit to Challenge Application of Part 291 Secretary Procedures to Pueblo of Pojoaque

New Mexico Files Suit to Challenge Application of Part 291 Secretary Procedures to Pueblo of Pojoaque

In the State of New Mexico, Plaintiff, v. Department of the Interior and Sally Jewell, in her official capacity as Secretary of the Interior, Defendants, the case challenges the authority…

Indian Gaming

Duluth considers running its own casino

Duluth considers running its own casino

City leaders in Duluth are considering a plan to open a casino at the city’s…

California Free Play Poker Site to make Real Money Switch This Month

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For a few weeks now, the Santa Ysabel Tribe in California has offered an online…

Some lawmakers open to idea of gambling compact with Poarch Band of Creek Tribe

Some lawmakers open to idea of gambling compact with Poarch Band of Creek Tribe

Alabama’s only federally recognized Indian tribe for two decades has sought a compact with the…

Tunica, Mississippi’s Paragon Casino changes management

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Our View: Karuks have a head start on casino plans

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Kostrzewa: More financial trouble at Mohegan’s Foxwoods

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Editorial: Courts should uphold limits on Indian casinos

Editorial: Courts should uphold limits on Indian casinos

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Sault Tribe Chairman reports missed several points

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With Ala. facing more budget problems, some lawmakers open to gambling compact with tribe

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MONTGOMERY, Alabama — Alabama’s only federally recognized Indian tribe for two decades has sought a…

Karuk tribal casino moving forward

Karuk tribal casino moving forward

YREKA — The Karuk Tribe’s compact with the state of California was ratified Thursday, putting…

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