House State Government 2 12 04 Presentation


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Powerpoint presentation to Washington House State Government Committee on State/Tribal Relations.

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  • Introduction: Good morning ladies and gentlemen! Thank you for the invitation to meet with you to discuss State-Tribal Relations in Washington. In my capacity as director of the Governor’s Office of Indian Affairs I was asked to provide you with some historical context about Washington State-Tribal relations and to discuss the Centennial Accord Agreement between the State and Washington Tribes. I am especially pleased by your interest and so it is my pleasure and honor to be with you today. My name is Kyle Taylor Lucas and I am a S’dohobsh woman (or Snohomish) from my father’s people who are The Tulalip Tribes of Washington State. My mother’s people are Thompson Indians of British Columbia, from the Lytton and Cooks Ferry Bands of the N’lakapamux Nation.
  • House State Government 2 12 04 Presentation

    1. 1. House State Government Committee State-Tribal Relations 101 Presentation February 12, 2004 Presented by: Kyle Taylor Lucas Executive Director Governor’s Office of Indian Affairs
    2. 2. Governor’s Office of Indian Affairs (GOIA) <ul><li>Formed in 1969, the office was established to function as an Advisory Council to then Governor Daniel Evans. </li></ul><ul><li>Ten years later, the Council was abolished and replaced by a gubernatorial-appointed Indian Affairs Advisor. </li></ul><ul><li>The office was renamed The Governor’s Office of Indian Affairs in 1983 by Executive Order. </li></ul>
    3. 3. GOIA’s Role <ul><li>The Office assists the executive branch on policy issues, serving in an advisory, resource, consultation, and education capacity. </li></ul><ul><li>The GOIA has continued to serve as a liaison with tribal, local, state, and federal governments to assist in improving communications and establishing better government-to-government relations. </li></ul><ul><li>Assists with policy development consistent with principles of the Centennial Accord. </li></ul>
    4. 4. Tribal Sovereignty – Overview <ul><li>Tribes are “inherently sovereign” meaning that they do not derive their existence from the United States, rather they preceded it. </li></ul><ul><li>Tribes have exercised their inherent sovereignty since time immemorial. </li></ul><ul><li>For Indian peoples, sovereignty is permeated by the spiritual and the sacred, which are, and always have been, inseparable parts of their existence. </li></ul>
    5. 5. Sovereignty and Treaties <ul><li>Tribal sovereignty was affirmed in the earliest contact between Tribes and European settlers </li></ul><ul><li>A foundation for the more than 500 treaties the United States signed with Indian Tribes </li></ul><ul><li>Treaties - legally binding contracts </li></ul><ul><li>Treaties, according to the U.S. Constitution, are “the Supreme Law of the Land.” </li></ul>
    6. 6. Centennial Accord <ul><li>Relations between state and tribes are complex and evolving. Tension has long existed as each has attempted to sort through and exercise its respective sovereignty. </li></ul><ul><li>In 1989, on state’s 100th birthday -- unique and historic agreement was reached as the Centennial Accord was signed between the Governor and federally recognized Indian tribes. </li></ul><ul><li>Provides the framework to collaboratively address issues of mutual concern. </li></ul><ul><li>Serves as model for other states. </li></ul>
    7. 7. Demographics <ul><li>More than 561 Indian Nations in the U.S. </li></ul><ul><li>125,000 tribal members in Washington </li></ul><ul><li>29 federally-recognized tribes – Washington </li></ul><ul><li>State consults with four out-of-state tribes having ceded lands and interests in state </li></ul><ul><li>More than 3.25 million acres of land is Indian reservation land. </li></ul><ul><li>In learning about history’s shaping of contemporary Tribal sovereignty and self-governance, we can better understand how American Indians and their cultures continue to thrive and develop as a unique and integral part of this land, culture, economy, and character. </li></ul>
    8. 8. Overview of Federal Indian Policy <ul><li>Sometimes drastic shifts took place in federal attitudes and policies toward Indian Nations throughout history. </li></ul><ul><li>Pre-1492 to 1787: North America was inhabited by over 400 independent nations. </li></ul><ul><li>The Northwest Ordinance of 1787 </li></ul>
    9. 9. Federal Indian Policy (1492 – 1787) <ul><li>1492 North America inhabited by more than 400 independent nations. </li></ul><ul><li>Following Revolutionary War, the United States regarded Indian Tribes to have the same status as foreign nations </li></ul><ul><li>1787 Northwest Ordinance </li></ul>
    10. 10. Allotment and Assimilation (1887 to 1934) <ul><li>General Allotment Act (Dawes Act) of 1887 </li></ul><ul><ul><li>Forced conversion of communally held tribal lands into small parcels for individual ownership </li></ul></ul><ul><ul><li>Effects of this policy -- catastrophic with Tribal governance and relationships fractured and more than 90 million acres of land lost </li></ul></ul>
    11. 11. Indian Reorganization (1934 to 1953) <ul><li>End of Allotment period—attempt to restore lands to tribes and help tribes reform their governments. </li></ul><ul><li>IRA critical in re-establishment of tribal economies and renewed tribal autonomy. </li></ul><ul><li>Threats to traditional tribal values and governance. </li></ul>
    12. 12. Termination (1945-1968) <ul><li>Congress decided in 1950s to terminate federal recognition and trust responsibilities to more than 100 tribes </li></ul><ul><li>Tribal governments and reservations forcibly dissolved </li></ul><ul><li>Passage of PL-280 – gave certain states full criminal and civil jurisdiction over Indian reservations </li></ul><ul><li>Result: Economic disaster for many tribes </li></ul>
    13. 13. Tribal Self-Determination (1968 to Present) <ul><li>1968: President Johnson declaration affirms rights of First Americans </li></ul><ul><li>1970: President Nixon denounces the termination policy, and begins new chapter in federal tribal relations with the Indian Self-Determination and Education Assistance Act of 1975 </li></ul>
    14. 14. The Foundations for State-Tribal Relations <ul><li>The foundation for State–Tribal history and relations is best summarized by: </li></ul><ul><ul><li>Article VI of the United States Constitution </li></ul></ul><ul><ul><ul><li>“ This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” </li></ul></ul></ul><ul><ul><li>Treaties and laws recognize a fundamental contract between Indian Nations and the United States </li></ul></ul><ul><ul><li>Supreme Court decisions affirm tribal treaty rights </li></ul></ul>
    15. 15. State-Tribal Relations Background <ul><li>Signed in 1989 when the State was celebrating its 100th birthday. the Centennial Accord provides a framework to collaboratively address issues of mutual concern to the tribes and state. </li></ul><ul><li>A model approach, it can be adapted and used by other states. </li></ul><ul><li>An evolving and dynamic process. </li></ul><ul><ul><li>The framework provides for meeting and interaction to occur, which improves upon and creates new communication channels while building relationships. </li></ul></ul><ul><ul><li>Benefits are mutual. </li></ul></ul>
    16. 16. State-Tribal Relations Background (continued) <ul><li>Washington State was a battleground in the 60s and 70s, primarily over treaty fishing rights. </li></ul><ul><li>The 1974 Boldt Decision brought the state and tribes together as co-managers. </li></ul><ul><li>Prior to the decision, fisheries management was but one example of where the state struggled to communicate and effectively work with tribes. </li></ul><ul><li>During the late 1980’s, state and tribal leaders worked to find ways to improve relations. It was discovered that the number one contributor to successful state-tribal relations was recognition, by each party, of the others sovereignty. A government-to-government relationship could not be reality when the state often failed to recognize the tribes’ sovereignty . </li></ul>
    17. 17. Centennial Accord <ul><li>The ACCORD dated August 4, 1989, was executed between the federally recognized Indian Tribes of Washington and the State of Washington. </li></ul><ul><li>In signing, each party formally recognized the other’s sovereignty, and established an official government-to-government relationship with intent to better achieve mutual goals through improved relations </li></ul><ul><li>The ACCORD provides a framework for that government-to-government relationship and the implementation procedures to assure execution of that relationship </li></ul>
    18. 18. State-Tribal Relations Background (continued) <ul><li>Centennial Accord represented the State’s acceptance of Tribal sovereignty as a legal and political principle. The Tribes acknowledged the state’s sovereignty. From that basis, the principles of the Centennial Accord could be negotiated statewide. </li></ul>
    19. 19. Government-to-Government Training <ul><li>Today, the Accord principles are taught to managers and employees through training workshops offered by the Governor’s Office of Indian Affairs. “ Invoking the Government-to-Government or ‘G-To-G’ is now used as a verb. </li></ul><ul><li>The training covers tribal historical perspectives, legal issues, tribal sovereignty, tribal governments past and present, and cross-cultural communication. </li></ul>
    20. 20. Centennial Accord Plans and Implementation Guidelines <ul><li>In 1999 – Millennium Gathering in Leavenworth, Washington leading to agreement on Implementation Guidelines and Principals of Government-to-Government Relations. </li></ul><ul><li>GOIA then created the Implementation Guidelines , which call upon all state agencies to develop Centennial Accord Plans in conjunction with the tribes. </li></ul><ul><li>Centennial Accord Plans establish a procedure by which the government-to-government policy shall be implemented. </li></ul><ul><li>The plans include the program, services, and funding available to tribes as well as the consultation process for agency policy and program development, and—importantly, a formal dispute resolution process. </li></ul>
    21. 21. State Agency Accord Plans <ul><li>Institutionalized Accord Plans. Department of Social and Health Services (DSHS) utilizes a two-prong approach: </li></ul><ul><ul><ul><li>Indian Policy and Support Services (IPPS): an 8-person office whose mission is to promote government-to-government communications between DSHS programs and tribes. </li></ul></ul></ul><ul><ul><ul><li>Divisions create Administrative Policy 7.01 Plans , a biennial service plan for American Indians and a “report card” on consultation with Indian tribes. </li></ul></ul></ul><ul><li>Both approaches utilize the Indian Policy Advisory Board, a Board consisting of delegates from each of Washington’s 29 tribes, as an evaluator of Government-to-Government implementation. </li></ul>
    22. 22. State Agency Accord Plans (continued) <ul><li>Department of Health </li></ul><ul><ul><li>formed the American Indian Health Commission (AIHC) whose chair sits on the Washington State Board of Health </li></ul></ul><ul><li>Other departments (Ecology, Natural Resources, Transportation) utilize liaisons to assist in implementing the Government-to-Government relationship </li></ul>
    23. 23. Department of Transportation Centennial Accord Plan <ul><li>A Model for Government-to-Government relations state and nationwide </li></ul><ul><li>September, 2001– Tribal Liaison Position established in the Governmental Liaison Office </li></ul><ul><li>Regional and Division Tribal Coordinators identified to provide local or technical assistance to tribes. </li></ul><ul><li>February, 2003 – Executive Order EO 1025 established the Tribal Consultation Policy and was adopted by the Washington State Transportation Commission. </li></ul><ul><li>April, 2003 – The Centennial Accord Plan was published and distributed across the agency, 37 tribal offices and Native organizations. </li></ul><ul><li>May 2003 – Present – Training across agency. </li></ul>
    24. 24. WSDOT Steps to Creating the Consultation Policy <ul><li>Distributing draft policy to tribes, at Affiliated Tribes of Northwest Indian meetings, throughout the agency and to other affected parties </li></ul><ul><li>Incorporating suggested changes </li></ul><ul><li>Formalizing the policy as an executive order </li></ul><ul><li>Adoption by the Washington State Transportation Commission </li></ul><ul><li>Form a tribal-state team together </li></ul><ul><li>Utilize the Implementation Guidelines jointly created by the tribes and state in 1999 </li></ul><ul><li>Examine other consultation policy examples (i.e. Bureau of Indian Affairs, Forest Service, Washington State Department of Ecology ) </li></ul><ul><li>Create a draft policy </li></ul>
    25. 25. WSDOT Goals for Implementing Consultation <ul><li>Provide consistent and equitable standards for working with the various tribes across the state. </li></ul><ul><li>Flexibility in recognition that each federally recognized tribe is a distinctly sovereign nation. </li></ul><ul><li>Create durable intergovernmental relationships that promote coordinated transportation partnerships in service to all of our citizens. </li></ul><ul><li>While dedicated to implementing constructive consultation practices, the agency hopes to go beyond issue-specific consultation to achieve mutually beneficial priorities, programs and interests. </li></ul>
    26. 26. Components for Successful Consultation Policy <ul><li>Recognize the sovereignty of tribal and state governments. </li></ul><ul><li>Consultation Policy created by consulting with tribes. </li></ul><ul><li>Engages consultation at the beginning of a project, scoping, continues through planning, and throughout entire project. </li></ul>
    27. 27. Implementing Consultation <ul><li>Provides consistent and equitable standards for working with the various tribes across the state. </li></ul><ul><li>Flexibility in recognition that each federally recognized tribe is a distinctly sovereign nation. </li></ul><ul><li>Creates durable intergovernmental relationships that promote coordinated partnerships in service to all of our citizens. </li></ul><ul><li>Go beyond issue-specific consultation to achieve long-term positive relations and the ability to better resolve conflicts as they arise. </li></ul>
    28. 28. WSDOT Implementation Component <ul><li>The Centennial Accord Plan is the implementation component of WSDOT’s government-to-government relations policies </li></ul><ul><li>WSDOT was guided by the Principals of government-to-government relations and 1999 Implementation Guidelines that were jointly established by the Tribes and State. </li></ul>
    29. 29. Centennial Accord Plan Includes: <ul><li>Agency mission and organizational structure </li></ul><ul><li>Tribal Consultation Policy </li></ul><ul><li>Tribal Dispute Resolution Policy </li></ul><ul><li>Information regarding agency services specific to divisions and regions. </li></ul><ul><li>Numerous appendices with valuable supplemental documents including: </li></ul><ul><ul><li>information about tribes, </li></ul></ul><ul><ul><li>the 1989 Centennial Accord, </li></ul></ul><ul><ul><li>Presidential documents, and </li></ul></ul><ul><ul><li>excerpts from the National Historic Preservation Act (NHPA). </li></ul></ul>
    30. 30. WSDOT Centennial Accord Plan ( cont.) <ul><li>Each of the agency’s divisions and offices contributed to the creation of the Centennial Accord Plan. Each answered the following questions: </li></ul><ul><li>Programs – List of programs and/or services available to tribes. </li></ul><ul><li>Funding Distribution – List of funding distribution methods currently available to tribes. </li></ul><ul><li>Definitions – Detailed definitions of relevant terms as they apply to agencies. </li></ul><ul><li>Consultation Process – Procedures, including: </li></ul><ul><ul><li>policy development </li></ul></ul><ul><ul><li>program development, and </li></ul></ul><ul><ul><li>implementation of funds distribution. </li></ul></ul>
    31. 31. Important Components for a Successful Implementation Policy <ul><li>Engage the entire agency in the creation. </li></ul><ul><ul><li>This helps institutionalize the policy. </li></ul></ul><ul><li>Solicit tribal and agency feedback and update regularly . </li></ul>
    32. 32. Tribal Self-Governance and Self-Sufficiency <ul><li>Tribal governmental services </li></ul><ul><li>Self-government is essential if Tribal communities are to continue to maintain their unique cultures and identities </li></ul>
    33. 33. GOIA’s Mission <ul><li>Recognizing the importance of sovereignty, GOIA affirms the government-to-government relationship and principals identified in the State-Tribal Centennial Accord, to promote and enhance tribal self-sufficiency and GOIA serves to assist the state in developing policies consistent with those principles. </li></ul>
    34. 34. State-Tribal Relations Today <ul><li>The Government-to-Government relationship is often called a process, a relationship. </li></ul><ul><li>In reality it is more than either or both -- it is an attitude. It is a willingness to recognize and work at-par with one another for the mutual benefit of all citizens. It is truly a recognition of each other as sovereigns. </li></ul><ul><li>Often challenging </li></ul><ul><ul><li>Yet, often we’re on the cutting edge of state-tribal relations. </li></ul></ul>
    35. 35. Federal Devolution <ul><ul><li>Washington’s Centennial Accord has proved to be very valuable for a relationship that has endured for over 100 years between the State and the Tribes. The Tribes and the State are extremely concerned with the pattern of devolution. We are fortunate that the Accord affords some trust as we attempt to deal with this growing concern. </li></ul></ul>
    36. 36. Today the Future: Opportunities for Cooperation <ul><li>Many similarities and mutual interests between states and tribes: </li></ul><ul><ul><li>Law enforcement </li></ul></ul><ul><ul><li>Health care </li></ul></ul><ul><ul><li>Natural resources </li></ul></ul><ul><li>Shared challenges: i.e., limited budgets, desire to protect the environment while ensuring economic stability </li></ul><ul><li>Present opportunities for cooperation and partnership </li></ul>
    37. 37. “Working Together” Means “We are working Together” in the Lushootseed Language.
    38. 38. <ul><li>Kyle Taylor Lucas </li></ul><ul><li>Executive Director </li></ul><ul><li>Governor’s Office of Indian Affairs </li></ul><ul><li>PO Box 40909 </li></ul><ul><li>Olympia, WA 98504-0909 </li></ul><ul><li>(360) 753-2411 </li></ul><ul><li>[email_address] </li></ul>