Author Archives: nativelawpolicy
News Coverage: NCAI Announces First Chief Executive Officer, Kevin Allis
News Coverage: NCAI Announces First Chief Executive Officer, Kevin Allies, NCAI.org, June 12, 2019.
NCAI Announces First Chief Executive Officer, Kevin Allis
WASHINGTON, D.C. | Today, the National Congress of American Indians (NCAI) is delighted to announce that Kevin Allis has accepted the role of its first Chief Executive Officer (CEO). In this role, Allis will be responsible for leading and managing all strategic and operational aspects of the organization while creating a vision for the future long-term success for NCAI and the NCAI Fund. Allis will report directly to the NCAI Executive Committee.
Allis, a member of the Forest County Potawatomi Community, comes to NCAI with demonstrated leadership within the government relations industry where he spent time building strong working relationships with key congressional offices, relevant administrative agencies, and other advocacy organizations, to strategically advance top priorities for Indian Country. Kevin’s previous roles include Executive Director of the Native American Contractors Association, Board Chairman of the Potawatomi Business Development Corporation, and founder of Thunderbird Strategies, LLC, a government relations firm specializing in advocacy of Native American rights. Allis is also an attorney and former law enforcement officer who served the Baltimore Police Department for 8 years.
“NCAI, in its 75 years, has defined, defended, and continues to champion efforts to promote Native resiliency and tribal sovereignty. I am sincerely humbled by the honor to lead this organization, and appreciate the opportunity and challenge to continue the great work of this historic organization in strengthening tribal sovereignty and safeguarding our traditions and customs for generations to come,” stated Allis.
The NCAI Executive Committee interviewed several well-qualified candidates for the CEO position. “As we embark on a new chapter with the hiring of our first CEO, we are pleased to welcome Kevin Allis to the National Congress of American Indians. We are fortunate to benefit from Kevin’s considerable expertise and look forward to working together to protect and advance tribal sovereignty,” said NCAI President, Jefferson Keel, of the Executive Committee’s selection of Mr. Allis. “We look forward to formally introducing our new CEO at NCAI’s Mid Year Conference and Marketplace, June 24-27 in Sparks, Nevada.”
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About The National Congress of American Indians:
Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information visit www.ncai.org.
House Passes Clean Carcieri Fix
It has been a long road for Tribes like the Narragansett Indian Tribe that faced the impact of the U.S. Supreme Court decision Salazar v. Carcieri in 2009 that ruled tribes not under federal jurisdiction at the time the Indian Reorganization Act was enacted in 1934 could not take land into trust. This ended for the tribe the dream of a housing project on tribal land. Today the project stands in ruins. On Wednesday this week, the House of
Representatives passed a clean Carcieri Fix, reinforcing the authority of the Department of the Interior to take lands into trust for all tribes. Now, the bill H.R. 375 goes to the Senate. The House action comes after 10 years of advocating by Tribes to correct the decision that went against long standing federal policy.
It is a big step to righting a wrong and correcting an inequity against tribes that were blocked from taking their land into trust. After the Supreme Court decision, many tribes have spent precious resources defending their homeland, and threats to projects they developed on their land.
Carcieri Fix Legislation Scheduled for House Floor May 8, 2019
On May 8, 2019, the House is scheduled to voteon H.R. 375, a bill to amend the Act of June 18, 1934 (Indian Reorganization Act), to reaffirm the authority of the Secretary of the Interior to take land into trust for all tribal nations. Introduced by Representative Tom Cole (R-OK) with bi-partisan support, the bill presents a “clean fix” to the conflict caused by the Supreme Court’s 2009 decision in Carcieri v. Salazar, which held that the Secretary of the Interior lacks authority to take land into trust under Section 5 of the Indian Reorganization Act for tribal nations that were not under federal jurisdiction in 1934. For a decade, tribal nations have called for a clean fix to the costly turmoil caused by this misguided decision.
H.R. 375 would (1) restore the Secretary’s IRA authority to take land into trust for all federally recognized tribal nations; and (2) reaffirm existing Indian trust lands.
Tribal Consultation on US Farm Bill Scheduled May 1, 2019
Go to the following link to see agenda and register for the Tribal Leaders Consultation with USDA on the recently passed Farm Bill. There will be a listening session on Hemp and the future regulations.
Proposed Rulemaking on Qualified Opportunity Funds
Created by the Tax Cuts and Jobs Act (enacted December 2017), Opportunity Zones are economically distressed areas where investments in development projects can receive special tax breaks. Opportunity Funds use the investments to stimulate development in these areas.
Currently, investors can defer taxes on capital gains invested in these Funds when the investment is sold or exchanged by the Opportunity Fund or December 31, 2026 at the latest. If an investor has money in the Fund for more than five years, then 10% of the capital gains earned are excluded from calculating income and deferred taxes. If the investment is held for more than seven years, the percentage increases to 15%. After ten years, the fair market value at the time of sale or exchange determines the amount of any deferred taxes or exclusions.
Opportunity Funds may be corporations, LLCs, or partnerships making investment business structures flexible. It is unclear how the opportunity zone system will affect tribal areas because states nominate census areas for opportunity zone designation. There is potential for future regulations to include consultation with tribal governments for designating opportunity zones.
The IRS has released proposed regulations for implementing the new Opportunity Zone tax breaks. The open comment period will begin after official publication in the Federal Register and will last for sixty days. Additionally, the IRS is planning a tribal consultation to obtain additional input on the proposed rules, including guidance on trust land leases and other potential tribal concerns. IRS Pre Notice of Proposed Rulemaking
Tribal Transportation Funding Re-authorization Legislation
Legislators are hoping to make significant progress on the FAST Act (Transportation) re-authorization before the congressional recess in August, but it is unclear whether that progress will result in a bill markup by the Senate Committee on Environment and Public Works or move closer to a floor vote.
On April 11, Sen. John Hoeven (R-ND) introduced the Addressing Underdeveloped and Tribally Operated Streets (AUTOS) Act. The Act, S.1211, aims to improve federal funding procedures for road safety and repairs in Indian Country. Joining Sen. Hoeven, the bill’s cosponsors are Sens. Martha McSally (R-AZ) and Kevin Cramer (R-ND). Senator. The bill has been referred to the Senate Committee on Indian Affairs that Senator Hoeven chairs.
Tribal transportation authorities currently receive a majority of funding under the Tribal Transportation Program (TTP), which is jointly managed by the BIA and Federal Highway Administration. TTP initially received $465M in fiscal year 2016 under the FAST Act, the current legislation for transportation funding. With the FAST Act set to authorize $505M for the next fiscal year and expire in September 2020, the AUTOS Act’s sponsors see an opportunity to streamline the federal funding process and to address the increasing maintenance backlog for roads, bridges, and safety features on tribal lands.
The Act’s main impact for tribal transportation budgets is the additional $16M in funding that it would add to any amount included in a FAST Act reauthorization for fiscal year 2021. This figure would increase by $2M each year with a total of $24M for the 2025 fiscal year. The BIA Road Maintenance Program would receive separate dedicated funding of $46M for the 2021 fiscal year and end with $54M for fiscal year 2025.
The AUTOS Act would allow the Secretary of Interior to create categorical exclusions from environmental review similar to those already established by the Department of Transportation. For safety projects that still require review, the Secretary or other supervising federal official will have to use the shortest timeline possible to report back to the Indian tribe proposing the project. Under the proposed bill, Tribes also can enter into agreements to conduct environmental reviews for TTP funded projects.
The AUTOS Act would also start a federal initiative to standardize crash reports for tribal road accidents and study road maintenance best practices. Read AUTOS Act
RES 2019 – Tribal 8(a) – Hemp legalization Opportunity Zones
We attended Res 2019 in Nevada, where they had a record attendance of Native Business and Tribal leaders. The work sessions included the interest Tribes and tribal businesses are showing in the production Hemp as a crop and development of Hemp products since the legalization of Hemp in the Farm Act. And, the conference provided sessions with detailed information on how to start up a tribal economic development division. There were also interesting sessions on taking advantage of the Opportunity Zone Tax incentives, created by the Tax Cuts and Jobs Act, that offers new options for investment in economically distressed communities. Certain investors believe that the creation of Qualified Opportunity Zones will be significant.
Our firm is currently active in drafting Hemp production ordinances for clients and understanding the market for Hemp and Hemp products. We also can help clients understand the Tax Cuts and Jobs Act and the potential offered by Opportunity Zones. And, many of those attending RES are part of or have started Tribal 8(a) corporations. Our firm has experience in this area as well, and won a significant case for a Tribal 8(a) that had been terminated, by reversing the agencies decision. Please let us know if we can assist you with tribal 8(a) or individual 8(a) issues in some way. We discovered at the conference that many Native 8(a) applications had been lost by SBA after the government shut down. We would very much like to assist you, if you have similar 8(a) questions or concerns.
We offer consultation and legal services for tribal owned enterprises, contractors, and other businesses in Indian Country. We can assist you with the SBA 8(a) process, understanding federal program requirements, applying for government contracts, and legal issues that arise from venturing with non Native Corporations.
In addition we can help with:
- Enacting a Tribal code for creating corporations and other business entities
- Choosing a structure that best serves your business needs
- Obtaining Tribal 8(a) certification and status
- Forming a business under appropriate law
- Seeking joint venture partners
- Understanding government regulations and impact on business
- Contacting the federal government procurement offices.
Washington Highlights – Tribal Interior Budget Council
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This week the Tribal Interior Budget Council met here in D.C. at the Washington Plaza Hotel. The focus was on the President’s budget and the elimination of several key Tribal programs (as we reported in our last update). After the Government Shutdown and the compromise on the budget in January 2019, the Bureau of Indian Affairs in general did not fare as badly in comparison to some departments. However, Indian Affairs still suffered losses that could have been avoided if the budget compromise had gone though as planned when the US Senate voted unanimously in September 2018 to keep the government open. For example, Tribal road maintenance would have increased prior to the shut down by more than $4 million. After the shutdown the increase was only $1 million. The President’s proposed 2020 budget eliminates, Indian Guaranteed loans, Tribal Scholarships, and Housing (HIP) programs, and decreases funding for many other programs, such as the Indian Child Welfare Act, Mineral and Mining projects, public safety and education construction, and funds for small and needy tribes. see budget comparison
Tribal leaders focused on other priority issue at the conference, such as land into trust, the Bureau of Indian Education funding and programs, and Transportation and road maintenance funding. The question is whether the Tribes have the clout to get Congress to ensure key Tribal programs and funding is protected and increased.
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