Congress

Policy Alert: Potential Impacts of a Federal Government Shutdown on Tribal Telecommunications

tlmorri3 — Fri, 29 Sep 2023 23:06:39 +0000

Policy Alert: Potential Impacts of a Federal Government Shutdown on Tribal Telecommunications

tlmorri3 September 29, 2023

AIPI Blog

Policy Alert: Potential Impacts of a Federal Government Shutdown on Tribal Telecommunications

At this time, the United States government will likely shut down due to Congress not coming together to pass needed legislation through a continuing resolution or the required appropriations bills. Given this situation, each federal agency has created agency contingency plans. As Tribal Government relationships with the Federal Government are intertwined, there will be many impacts on Tribal communities. One area of impact is communications and telecommunications. The shutdown will affect all agencies and programs in some capacity. This alert addresses programs administered by the Federal Communications Commission (FCC) and the Department of Commerce’s National Telecommunications and Information Administration (NTIA). However, the Federal Government maintains a website–Internet for All– consolidating all investments in the Internet, and many, if not all, of these programs will likely be wound down or somehow impacted during a government shutdown.

According to agency plans, programs from prior year appropriations or deemed core emergency programs will continue, but the extent of the continuation is unclear. For example, the Affordable Connectivity Program (ACP) functions will continue to be funded, but it is unclear if new applications and customer support for signups will be supported. It is anticipated that staffing, technical assistance, and the like will not be supported even if the program is.

Federal Communications Commission (FCC)

The FCC administers several important programs that impact broadband infrastructure development in Indian Country, such as the Affordable Connectivity Program (ACP) and the E-Rate program. The FCC’s shutdown plan states that broadband affordability programs like the ACP program will continue during a lapse but does not specifically mention the E-rate program. The FCC’s plan outlines the following agency activities that will continue during a lapse:

Activities necessary for the protection of life or property.
Permissible Spectrum Auction activities that are funded through a source other than lapsed annual appropriations and not affected by the partial lapse in the FCC’s spectrum auctions authority.
Broadband data and mapping activities funded through a source other than lapsed annual appropriations.
Emergency relief programs, including the ACP, Emergency Connectivity Fund, and Telehealth Programs, are funded through a source other than lapsed annual appropriations.

FCC activities that will not continue during a lapse include but are not limited to:

Response to consumer complaints and inquiry phone lines.
Consumer protection and local competition enforcement.
Licensing services, including broadcast, wireless, and wireline.
Management of radio spectrum and the creation of new opportunities for competitive services for the American public.
Equipment authorization.
All other activities not immediately necessary for the protection of life or property or otherwise excepted or funded through a source other than lapsed annual appropriations.

National Telecommunications and Information Administration (NTIA)

NTIA programs such as the Tribal Broadband Connectivity Program (TBCP) and the Broadband Equity, Access, and Deployment Program (BEAD) are key programs for Indian Country. NTIA’s shutdown plan indicates that programs such as the BEAD program, the Enabling Middle Mile Broadband Infrastructure Program, the Digital Equity Act programs, and the Tribal Broadband Connectivity Grant program will continue through a lapse. These programs will continue to the extent that they are funded through other sources. NTIA’s plan also states that the following activities will continue through a lapse:

Management of federal spectrum;
support policy and international treaty development in the areas of the Internet economy, including online privacy, copyright protection, cybersecurity, and the global free flow of information online;
promote the stability and security of the Internet’s domain name system.

NTIA activities funded by other sources that will continue through a lapse include:

Telecommunications research and engineering

Continuing to build and operate a nationwide public safety broadband network, as well as support state and local governments to plan for their participation in the network
Implement certain grant programs
Strengthen and seek greater efficiencies with federal spectrum use.

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September 29, 2023

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The White House & Tribal Nations: A 2022 Summary

jjhern40 — Thu, 02 Feb 2023 19:39:42 +0000

The White House & Tribal Nations: A 2022 Summary

jjhern40 February 2, 2023

AIPI Blog

The White House & Tribal Nations: A 2022 Summary

The Biden-Harris Administration completed another year in which it continued its work to strengthen the nation-to-nation relationship between Tribal Nations and the Federal Government. The various events, initiatives and policy actions were compiled in the White House Tribal Nations Summit Progress Report, released at the 2022 White House Tribal Nations Summit.

The following list includes some of the Administration's notable actions from the last year.

Nation-to-Nation Relationship

Investments in Indian Country

Protecting the Sacred

Proposed revisions to the Native American Graves Protection and Repatriation Act Regulations

Tribal Homelands

Completed removal of Derogatory Names from Federal Lands

Voting

Published the Native Voting Rights Report

Broadband & Technology

Water Infrastructure

Invested over $400 million in Rural Water Projects for Tribal Communities through the IIJA

Missing or Murdered Indigenous Peoples

The Indian Child Welfare Act

Updated the Indian Child Welfare Act Manual

Federal Indian Boarding Schools

Publication of Volume 1 of the Federal Indian Boarding School Report

For a complete list of the Tribally focused actions taken by the Biden-Harris Administration during 2022, see the full White House Tribal Nations Summit Progress Report.

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February 2, 2023

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A New Look for the AIPI Policy Update

jjhern40 — Fri, 27 Jan 2023 02:13:12 +0000

A New Look for the AIPI Policy Update

jjhern40 January 26, 2023

AIPI Blog

A New Look for the AIPI Policy Update

We at AIPI are excited to continue our work on tribally-driven research and policy solutions into 2023. One important part of work is researching and publishing our monthly policy update, and we are currently developing a new quarterly format to present that information. Up until now, we have published a monthly comprehensive document covering a wide range of activity from Congress, federal agencies, and the Arizona legislature. Our new quarterly policy update will now cover a three month period, and will be designed to focus on important actions affecting Indian Country. The new quarterly format will apply to our federal, state, and federal register updates beginning in March 2023 and will continue to be sent to our email list.

The information that goes into our monthly update covers numerous government websites and databases and publishing a comprehensive list of actions is a significant amount of information to read through on a regular basis. Therefore, we want to revamp our policy update publication to make it something more practical and accessible, and something that is easier to fit into your busy schedule. We will also continue to bring your attention to any significant policy actions that might be more timely than our new quarterly format. Please follow AIPI on social media and our AIPI blog for timely updates and other important notices.

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January 26, 2023

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POLICY ALERT: Indian Country Fights To Protect ICWA: Haaland v. Brackeen to be heard by SCOTUS on November 9, 2022

spesweviwridriclitrauespuuadruwujihuthacrijowosomijeclifrewr — Thu, 27 Oct 2022 16:56:00 +0000

POLICY ALERT: Indian Country Fights To Protect ICWA: Haaland v. Brackeen to be heard by SCOTUS on November 9, 2022

spesweviwridri… (not verified) October 27, 2022

AIPI Blog

POLICY ALERT: Indian Country Fights To Protect ICWA: Haaland v. Brackeen to be heard by SCOTUS on November 9, 2022

POLICY ALERT:

Indian Country Fights To Protect ICWA: Haaland v. Brackeen to be heard by SCOTUS on November 9, 2022

Subject Matter

On November 9, 2022, the Supreme Court of the United States (SCOTUS) will hear the alarming case, Haaland v. Brackeen. The questions of the case are (1) whether the Indian Child Welfare Act (ICWA) interferes with a State’s power over adoptions and foster care and (2) whether the ICWA unfairly limits adoptions by parents who are not members of the Native child’s tribe. The case is alarming because of its potential to upend the foundations of culture and Indian Law.

Background

Enacted in 1978, the Indian Child Welfare Act is a Federal law that protects the well-being and best interests of Native children and families, a principle that is at the core of the Federal Trust Relationship. The law was enacted in response to the staggering rate that Native children were removed from their families and Tribes by state welfare agencies and private adoption groups. The ICWA prioritizes keeping Native children connected to their community and culture by establishing rules that ensure Native children who are removed from their families are placed with extended family members or Native foster homes. It reaffirms the political status and inherent sovereignty of Tribal nations by recognizing that Tribes have a right to participate in child welfare matters involving their citizens.

In March 2018, several States and individuals (collectively “Brackeen et al.”) filed a complaint in the United States District Court for the Northern District of Texas challenging the constitutionality of several provisions of the ICWA. The District Court ruled in favor of Brackeen et al., striking down portions of the ICWA as unconstitutional. In April 2021, the ruling was appealed and brought to the U.S. Court of Appeals for the Fifth Circuit. The Fifth Circuit Court of Appeals affirmed in part and reversed in part the District Court’s ruling. In September 2021, Deb Haaland, in her official capacity as the Secretary of the Interior, appealed the case to the Supreme Court for review.

Implications

If SCOTUS finds the ICWA provisions to be unconstitutional, critical prioritizations of the cultural and familial ties of Native children will lose federal protection in cases of adoption and foster care. Invalidation of the ICWA will result in Tribes being vulnerable to loss of cultural identities, values, and practices through assimilation of their youth in non-Native adoption or foster care situations.

Further, the consequences of a ruling in favor of Brackeen et al. affects more than just Native youth and the upholding of the ICWA. At stake in this case, as Indian Country also saw in the cases of McGirt v. Oklahoma and Oklahoma v. Castro-Huerta, is the preservation of long-standing principles of Federal Indian law and Tribal sovereignty. If SCOTUS affirms the constitutionality of the ICWA, it will reaffirm the enduring understanding of Tribal Nations maintaining a political status as opposed to a racial status, as first held in the case of Morton v. Mancari. The potential impact of SCOTUS finding the ICWA to be unconstitutional is that it will change Tribal sovereignty as it is commonly understood and allow for vulnerabilities of future attacks on Tribal Nations' inherent right to govern themselves. In short, it will erode the foundations of Federal Indian law.

Supporters

This critical case before the Supreme Court has monumental implications. Therefore, many groups have filed amicus briefs voicing their support for both parties. Below is a list of key supporters who have filed and/or signed on in support of these briefs:

Key Supporters of Brackeen, Et Al.

State of Oklahoma Attorney General’s Office
State of Ohio Attorney General’s Office
Pacific Legal Foundation
Goldwater Institute
Cato Institute
Texas Public Policy Foundation
The Project on Fair Representation
Christian Alliance for Indian Child Welfare
Academy of Adoption and Assisted Reproduction Attorneys
Citizens of Equal Rights Foundation
New Civil Liberties Alliance

Key Supporters of Haaland, Et Al.

497 Federally Recognized Tribal Nations
62 Tribal Organizations
87 Members of Congress
24 States, Counties, and the District of Columbia
The American Bar Association
42 Nationally Recognized Law Practitioners and Legal Scholars
10 Legal Aid and Advocacy Organizations
National Association of Counsel for Children
American Civil Liberties Union
American Historical Association
American Academy of Pediatrics
Casey Family Programs, et al
American Psychological Association
National Indigenous Women’s Resource Center

As seen in the lists above, Indian Country overwhelmingly supports the upholding of ICWA. The American Indian Policy Institute, in turn, supports the goals of Indian Country.

For the full information on those in support of the petitioner and respondent, see the amicus briefs, here.

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Posted on

October 27, 2022

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Onward and Upward: Indian Country in 2021

spesweviwridriclitrauespuuadruwujihuthacrijowosomijeclifrewr — Sat, 06 Feb 2021 16:22:36 +0000

Onward and Upward: Indian Country in 2021

spesweviwridri… (not verified) February 6, 2021

AIPI Blog

Onward and Upward: Indian Country in 2021

Who can believe it’s already February 2021? January was an extraordinarily busy policy month with changes that would give anyone whiplash. As our new crew gets up to speed, we look to onboard another this month as we continue to grow. Watch for an announcement at the end of the month with introductions and a program launch.

In the coming days and weeks, look for our 116th Congressional Report Card for the 2nd Session to be published on Thursday, February 4, 2021. Our 2021 Policy Priorities Document is forthcoming as well as our 2020 Annual Report.

Right now we’re hunkered down reading, researching, attending webinars, consulting with Tribal leaders, and watching the news as we learn what the new Administration’s priorities are and how they’ll work with Tribes.

As I write this, one of Arizona’s State Representatives, Arlando Teller, has resigned to take a position in the Administration. A few weeks ago, ASU Indian Legal Program Professor Ann Marie Bledsoe Downes was appointed to the US Department of the Interior Administration. We’re sure to see more of this in the days to come. Soon we’ll be watching the nomination process and hearing for Deb Haaland for Secretary of the Interior. We’ll have a publication about that historic appointment as well.

These are just a few of the monumental moments in Indian Country as of late. It’s actually been difficult to keep up (in a good way). As the first 90 days progress, I’m confident that even more of my colleagues will be rewarded for their hard work with seats at the table in the new Administration. This is what we mean by #BeTheSolution.

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February 6, 2021

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New Year, New Updates (a message from our director)

spesweviwridriclitrauespuuadruwujihuthacrijowosomijeclifrewr — Tue, 19 Jan 2021 15:47:00 +0000

New Year, New Updates (a message from our director)

spesweviwridri… (not verified) January 19, 2021

AIPI Blog

New Year, New Updates (a message from our director)

Afammi Himitta' Ayokpa (Happy New Year). We all hope this will be a better year than 2020. Yet, we cannot overlook the good work that took place in 2020, despite the dire circumstances. At AIPI, it was a very productive year and our staff rose to the occasion and produced high-quality work that served tribes. Watch for our forthcoming Annual Report to learn more about our work in 2020.

As we welcome two new staff members and hire two additional staff members, our work pace will continue at its fast pace. Late in 2020; the new stimulus act passed into law contained substantive provisions for Native Nations. We'll be publishing more about this soon There is also a new adminstration and a new congress, both with a new vision. We see strong representation of Indigenous peoples in both the administration and congress. This will make the first 90 days a busy 90 days for Indian Country and us at AIPI.

Additionally, we are launching several new programs. In the first quarter, we'll launch our new podcast called The Next Era with support from the Media Democracy Fund. With generous support from our friends at APS, we're launching an Indigenous Leadership Academy. Finally, we'll initiate a new set of research objectives as we bring on our new research professional generously funded by the Ford Foundation. We'll be filling you in on all our initiatives in the months to come.

As always #BeTheSolution

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January 19, 2021

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Native American Congresswoman Nominated for Secretary of Interior

tlmorri3 — Thu, 17 Dec 2020 21:57:00 +0000

Native American Congresswoman Nominated for Secretary of Interior

tlmorri3 December 17, 2020

AIPI Blog

Native American Congresswoman Nominated for Secretary of Interior

Today, President-elect Joe Biden made history in nominating New Mexico Congresswoman Deb Haaland for Secretary of the Interior. This Cabinet-level agency of the U.S. Government oversees and manages most federal lands and natural and cultural resources and administers Native American programs, including the Bureau of Indian Affairs and the Bureau of Indian Education, among others. Haaland is the first Indigenous person nominated for a cabinet-level position.

Haaland enjoys wide support from Native Nations and individuals. As the news broke on the internet, Native peoples and organizations erupted in a show of emotion and support for Congresswoman Haaland, a well-liked and approachable figure in the Nation and in Indian Country.

Gila River Indian Community Governor Stephen Roe Lewis and AIPI Advisory Board President stated “History was made today when President-Elect Biden nominated Congresswoman Deb Haaland to be the first Native American Secretary in the 170 year history of the Department of the Interior. President-elect Biden said Indian Country will have a seat at the table – and now – the person across the table from us will be a Native American. It is a proud day for the Gila River Indian Community and Indian Country. “

Patti Hibbeler, CEO of the Phoenix Indian Center and Secretary of the AIPI Advisory Board of Directors, said “The confirmation of Deb Haaland as President-elect Biden’s appointment for Secretary of the Department of Interior is the right choice. She knows the issues and will execute her exemplary leadership with a great understanding of the diverse and differing opinions within this great country. It is time for a caring, competent leader that only an American Indian woman can bring to the job, ultimately influencing others behind her.”

AIPI Executive Director Dr. Traci Morris said of the nomination, “This is an absolute game-changer; to have a Native American former congresswoman running the agency that administers Native American programs. As a lawyer, she understands the Federal Trust Relationship and the obligations to American Indian and Alaska Natives. But further, Indigenous issues are American Issues, and as this agency stewards lands, waterways, and wildlife--our environment--all Americans care about these issues. She will do a phenomenal job, and AIPI looks forward to working with her and her office.”

Ms. Haaland is a member of the Pueblo of Laguna and serves New Mexico District 1, including the City of Albuquerque. Ms. Haaland is a veteran that served in the Navy and was raised in her traditions. She has a law degree from the University of New Mexico.