Submission to the United States Senate Committee on
Indian Affairs oversight hearing into
Native American Program Initiatives at the College and
University Level
Thursday, June 21, 2001

‘The Master of Laws (LL.M.) Program in Indigenous Peoples Law and Policy
The University of Arizona, James E. Rogers College of Law

‘SUPPLEMENTAL MATERIALS FOR THE PUBLIC RECORD:
(1) Indigenous Peoples Law and Policy LL.M. Information Brochure;

(2) Press Release by the indian Law Resource Center regarding the
Belize case with Special Counsel, Professor S. James Anaya; and

(3) Press Release by the Indian Law Resource Center regarding the
Nicaraguan case with Special Counsel, Professor S, James Anaya.



25

public awareness on behalf of a tribe. And typically, such experts are not tribal members
and are not the most effective or compelling spokespersons for a tribe’s interests. A
primary goal of the Institute.for Tribal Government, therefore, is to build capacitywithin
tribes to do this vital work themselves.

When I was first elected to the Congress, all members of the newly elected freshman.
class were sent to the Kennedy School of Government at Harvard University for a
weeklong session on governance. There we learned about our duties and responsibilities
as elected leaders and we learned how the legislative process works. That experience
with my peers was of tremendous value to me. It was that experience which was the
impetus for me to seek the establishment of the Institute for Tribal Government at
Portland State University’s Hatfield School of Government.

The Origin of the Institute

The work of establishing the Institute began one year ago with an initial meeting of tribal
elected officials, Senator Mark O. Hatfield, PSU Dean Nohad Toulon, and myself. We
have come a long way in that short time. We have established a Tribal Advisory Board,
drawn from noted tribal leaders from across the nation; a Tribal Leadership Archive
project, and a curriculum and classroom educational program for tribal elected leaders.

I must make special mention of Senator Hatfield. It was with Senator Mark Hatfield's
invaluable guidance and vision that the Institute for Tribal Government was established.
Senator Hatfield provides on-going assistance and guidance to the Institute as an honored
member of our Tribal Advisory Board. He provides an on-campus presence for the tribes
who enter the Institute program and he has continued his legacy of generously
contributing his experience and mentoring capabilities to tribal peoples. It is with great
respect and admiration that we thank the Senator for his continuing support.

I would also like to thank all of the members of the Oregon delegation, especially
Senators Gordon Smith and Ron Wyden, for their tremendous help in successfully
funding the Institute in last year’s Department of Education appropriations conference
report. I would also like to take this opportunity to thank Senator Herbert Kohl of
Wisconsin for his efforts on behalf of the University.

The Institute is particularly grateful for the creative and tireless support of the tribes and
the Native American community. The Institute reflects the vision and wisdom of many
tribal leaders and educators. As we grow in the years ahead, the Institute will rely upon
their continued guidance and trust.

The Tribal Advisory Board

Perhaps the most unique and quintessential component of the Institute for Tribal
Government is its Tribal Advisory Board. The Board has national representation and is
composed of the elected chairpersons of tribes, intertribal organizations, and
representatives of tribal institutions of higher learning. The Board has actively guided the
creation of the Institute, its curriculum and its various program elenents.


COMMITTEE ON INDIAN AFFAIRS

DANIEL K. INOUYE, Hawaii, Chairman
BEN NIGHTHORSE CAMPBELL, Colorado, Vice Chairman

FRANK MURKOWSKI, Alaska KENT CONRAD, North Dakota
JOHN McCAIN, Arizona, HARRY REID, Nevada

PETE V. DOMENICI, New Mexico DANIEL K. AKAKA, Hawaii
CRAIG THOMAS, Wyoming PAUL WELLSTONE, Minnesota
ORRIN G. HATCH, Utah BYRON L. DORGAN, North Dakota
JAMES M. INHOFE, Oklahoma TIM JOHNSON, South Dakota

MARIA CANTWELL, Washington

PATRICIA M. ZELL, Majority Staff Director / Chief Counsel
PAUL MooREHEAD, Minority Staff Director /Chief Counsel

ap


Faculty

The College of Law faculty includes two leading scholars and teachers in the
field of indigenous peoples’ rights, S. James Anaya and Robert A. Williams, Jr. They
serve as co-faculty chairs of the Indigenous Peoples Law and Policy Program. Robert
Hershey, one of the country's most experienced clinical educators in Indian Law, is
Director of the Indigenous Peoples Law Clinic. In addition to these leading Indian law
scholars and teachers, the law faculty includes a distinguished group of international
law scholars whose interests relate to indigenous peoples (Lesiye Obiora, Boris
Kozolchyk, David Gantz), environmental law scholars who specialize in the impact of
environmental policy on native peoples (Catherine O'Neill) and family law scholars who
have devoted considerable work to indigenous peoples issues (Barbara Atwood).

Brief biographies of these key members of the College of Law are as follows:
Faculty Co-Chairs of the Indigenous Law and Policy Program

S. James Anaya, Co-Chair, B.A. 1980, New Mexico; J.D., 1983, Harvard Law School
Samuel M. Fegtly Professor of Law. Subjects include Constitutional Law, international
Law, Intemational Organizations; Native American Law, Indigenous Peoples in
international Law, Intemational Human Rights.

Robert A. Williams, Jr., Co-Chair, A.B., 1977, Loyota College; J.D., 1980, Harvard
University. E. Thomas Sullivan Professor of Law. Subjects include Energy and Natural
Resources Law, Federal Indian Law, indigenous Human Rights, Land Use Planning,
Real Property, Tribal Law. Associate Justice of the Court of Appeals of the Pascua
Yaqui Indian Tribe and Judge Pro Tem for the Tohono O'odham Indian Nation.

Participating Faculty

Barbara Ann Atwood, B.A, 1969, Mary Baldwin College; J.D., 1976, The University of
Arizona. Mary Anne Richey Professor of Law. Subjects include Civil Procedure,
Research and Writing, Family Law and Community Property. Former trial attorney with
the Civil Rights Division of the U.S. Department of Justice

David A. Gantz, A.B., 1964, Harvard College; J.D., 1967, J.S.M., 1970, Stanford Law
School. Assaciate Director, National Law Center for Inter-American Free Trade.
Professor and Director of Graduate Studies in Law. Subjects include Intemational
Trade Law, Public International Law, Introduction to the U.S. Legal System,
International Environmental Law, European Union Law and Foreign Investment and
Technology Transfer. Former member of the Office of the Legal Adviser, U.S.
Department of State and attomey in Washington, D.C.; U.S. Panelist under Chapters
11, 19 and 20 of NAFTA


19

Submission to the United States Senate Committee on
Indian Affairs oversight hearing into
Native American Program Initiatives at the College and
University Level
Thursday, June 21, 2001

The Master of Laws (LL.M.) Program in indigenous Peoples Law and Policy
‘The University of Arizona, James E, Rogers College of Law

‘SUPPLEMENTAL MATERIALS FOR THE PUBLIC RECORD:

(2) Press Release by the Indian Law Resource Center regarding the
Belize case with Special Counsel, Professor S. James Anaya.

fh

“oy GENOUS on

we

v4np poiict

oot 40 aay



15

Indigenous Law Clinic projects have included cases involving indig-
enous peoples in Belize, in Nicaragua, Canada, as well as in the
United States. In our written statement that we are submitting for
the record these cases and activities are described much more fully.

In conclusion let me just add that our view is that the study of
indigenous law reveals common themes of experience throughout
the world for indigenous peoples. The LL.M. Program’s emphasis
on comparative legal and policy analysis, both here in the United
States and abroad, seeks to respond to the global challenge facing
indigenous communities by graduating highly-trained lawyers, pol-
icymakers, and future tribal leaders in the field of indigenous peo-
ples law and policy.

On behalf of the College of Law and the Indigenous Peoples Laws
and Policy Program of the James E. Rogers College of Law, Univer-
sity of Arizona, we would like to extend our sincere thanks to you,
Senator, and to the committee for the opportunity to present these
remarks.

Thank you, Mr. Chairman.

[Prepared statements of Ms. Massaro and Messrs. Hopkins and
Anaya appear in appendix.]

The CHAIRMAN. I thank you very much, Dr. Anaya.

Does this Master of Laws program have relevance to the prob-
lems faced by Indian country in America?

Mr. ANAYA. Yes; it certainly does. As I mentioned, and as my col-
league, Professor Hopkins, indicated, we will be offering courses
that cover the gamut of issues facing lawyers who practice in In-
dian country, including issues of tribal sovereignty, lands and natu-
ral resources, economic development. As well as covering sub-
stantive areas, we will also be dealing with issues of methodology
that face lawyers practicing in Indian country here in the United
States—as I indicated, methodology with regard to iitigation, meth-
odology with regard to working on legislation, and dealing with
tribal communities and leaders in what is increasingly a complex
intercultural context.

The CHAIRMAN. What has been the response to this program?

Mr. ANnayA. Perhaps I should allow my colleague, James Hop-
kins, to address that. He is dealing with the numerous applications
that we have received from students around the country.

Mr. Hopkins. Senator, I am pleased to say that the response to
this program has been overwhelmingly positive, both here in the
United States and abroad.

One of the particular traits that is very appealing in this pro-
gram is its emphasis on what you might call “pan-indigenism,”
which is a word that hasn’t really been circulated recently, but the
idea that there are common experiences amongst indigenous peo-
ples in their respective home countries. And by using the Univer-
sity of Arizona and its location within the southwest, in Indian
country, we are able to gain from the experiences of the local indig-
enous groups that we’ve already been working with over the last
10 years, and in essence provide an excellent learning environment
for other communities that are struggling with the same types of
problems.

So in terms of getting applicants, we have had absolutely no
problem whatsoever. What is quite remarkable is the level of com-


14

European Union Law & NAFTA discusses the institutions and legal structure of the
European Union; functions of the Commission, Council and European Parliament;
European Court of Justice and the Court of First Instance; relationship of the European
Union to other nations and to the GATT/WTO; and draws comparisons to NAFTA and
to the U.S. Constitutional System.

Globalization and Preservation/Transformation of Culture is a seminar that
examines the economic, social, cultural, religious and political consequences of
globalization to indigenous cultures and focuses on humanity and inhumanity, the
Building of Empires, the Poetics of Culture, the Rote of the Judiciary in American
Expansionism, the Logic of Giobal Capitalism, consequences of Technologies, New
Measurements of Progress, Economic Development, Land Use, Agriculture, and the
Environment. The class is oriented as a continuing project. Students will compile
materials to be distributed worldwide.

immigration Law consists of a study of the laws governing immigration into the United
States, deportation, and related procedures, with emphasis on immigration issues
affecting the Southwest.

Intellectual Property courses analyze the laws of the United States relating to patents,
trademarks, copyrights, trade secrets and other intellectual property, including
problems relating to infringement, piracy and enforcement in general.

Intemational Commercial Transactions covers the history of commercial

transactions; the Convention on the international Sale of Goods and other international
commercial agreements; commercial letters of credit; and legal aspects of
transportation documentation in the United States, Mexico and elsewhere.

Intemational Environmental Law reviews the principal international treaties and
agreements relating to environmental matters; state responsibility for environmental
damages; cross-border environmental issues, with particular attention to the United
States-Mexico border, environmental provisions of NAFTA and associated agreements;
and conflicts between trade, the environment, and sustainable development.

International Human Rights Law analyzes the international law of human rights,
including intemational treaties and agreements, customary principles of international
(aw, jurisdictional issues and problems of enforcement.

International Investment and Technology Transfer is a seminar covering
intemational rules relating to foreign investment and intellectual property, including
WTO and NAFTA provisions; bilateral investment treaties; arbitration and settlement of
investment disputes; legal and cultural aspects of investment and technology transfer
abroad; Mexican and other foreign laws regulating investment, and a series of “mack’
negotiations of international business agreements.


32

and outreach aimed at contributing positively to Indian Country. We know it is
surprising to many people to find out how much is happening at Harvard when it
comes to Indian issues, but the University is stepping forward in important and
strategic ways. Let us describe those briefly

1. HUNAP: A New “Interfaculty Initiative”

In Aprit 2000, the Provost of the University designated the Harvard
University Native American Program (HUNAP) as one of Harvard's ten Interfaculty
Initiatives. As an Interfaculty Initiative, HUNAP brings together resources, faculty,
and students from across the University in a shared commitment to research,
academic achievement, and public service that advances the well-being of
indigenous peoples through self-determination. This focus on self-determination
reflects the salient trait of the challenges faced by Native leaders, officials, and
policymakers today, and the strategic vision of HUNAP is focused on the
challenges of building Native nations that can effectively promote the social,
political, and economic well-being of their citizens and communities.

HUNAP operates under the direct supervision of its executive director, Dr.
Pepion. He is supported by a Faculty Advisory Board consisting of faculty and
senior administrators from all of the University's schools, ranging from the
undergraduate college to the graduate schools in law, medicine, business,
government, public health, and education. An external advisory council brings
together Native leaders and alumni, as well as other supporters with strong
records of knowledge and involvement in Indian affairs. The advisory council
provides HUNAP with indispensable links to the concerns of Indian Country and

Statement of Dr. Kenneth Pepion and Prof. Joseph P. Kalt
Harvard University Native American Program


39

Sovereignty Matters. When tribes make their own decisions about what
approaches to take and what resources to develop, they consistently out-
perform non-tribal decision makers. Because tribes bear the
consequences of their governments’ decision-making - whereas federal
agencies, non-tribal developers, state governments and other outsiders
do not - tribes that make their own development decisions do better.
Harvard Project research on topics as diverse as timber operations under
PL 93-638 and Indian Health Service programs under self-governance
compacts prove the point.

Institutions Matter. Harvard Project research shows that successful
tribal governments share a set of core institutional attributes. They settle
disputes fairly, separate the functions of elected representation and
business management, and successfully implement tribal policies that
advance tribal strategic goals. Fair dispute resolution — a rule of law — is
essential to the accumulation of human capital, physical infrastructure
and investment finance because it sends a signal to investors of all kinds
that their contributions will not be used inappropriately or taken over
unfairly. Separating business and government is critical because many
Indian businesses are government-owned. Finally, effective
administration is a feature of successful tribes because, without it,
legitimacy deteriorates and sovereignty is eroded as opportunities go
untapped or other powers fill the vacuum left by weak tribal government.

Culture Matters. Not long ago, it was widely believed that acculturation
was a means to development. Indians, they argued, would develop as
soon as they shed their “Indian-ness.” Research by the Harvard Project
finds exactly the opposite: Indian culture is a resource that strengthens

Statoment of Dr. Kenneth Pepion and Prof. Josoph P. Kalt
Harvard University Native American Program


64

Mission of the Program: Partnerships and Linkages for a Multicultural World

The Indigenous Peoples Law and Policy LL.M. Program will maintain a number
of unique partnerships and close programmatic linkages with other legal, policymaking,
academic and indigenous institutions that will significantly enrich and enhance the
graduate legal educational experience of its LL.M. students. The LL.M. program will
share office space in the Rogers Rountree Hall with the Native Nations Institute for
Leadership Management and Policy, established by the Morris K. Udall Foundation and
The University of Arizona, in conjunction with the Harvard Project on American Indian
Economic Development at the Kennedy School of Government at Harvard University,
and in participation with the College of Law. The purpose of the Native Nations
Institute is to provide the present and future leadership of American Indian Nations and
ather indigenous peoples with sophisticated policy and legal analysis, along with
specially designed management and leadership training. The indigenous Peoples Law
and Policy LL.M. Program and its students will work together with the Native Nations.
Institute to develop internships, research projects, workshops and professional training
seminars that will foster globally unique exchanges among tribal leaders, scholars,
lawyers, judges and other policymakers.

‘The Indigenous Peoples Law and Policy LL.M. Program has developed other
important and innovative programmatic linkages with the National Law Center for Inter-
American Free Trade, which conducts ongoing applied research and projects to
facilitate trade within the Western Hemisphere, the College of Law Masters in
Intemational Trade Law Program, which capitalizes on Tucson's proximity to Northern
Mexico and Arizona's leading role in U.S.-Mexican trade and investment to provide
excellent opportunities for student research, The University of Arizona American Indian
Studies Programs, which offer the Masters and Ph.D. in American Indian Studies, the
Indian Law Resource Center in Helena, Montana, the Navajo Supreme Court, the
Tohono O'odham Nation Courts, and with leading law schools in the United States,
Canada, Australia, New Zealand, and Latin America. The special relationships and joint
projects undertaken with these partners will allow the College of Law's LL.M. students
to enjoy and reap the many benefits of learning in a graduate legal educational
program that aspires to a leadership role in teaching, research, and service in the field
of Indigenous Peoples Law and Policy at one of the world’s leading academic
institutions for indigenous peoples studies


35

« Hualapai — Creation of a Hualapai Department of Justice
+ Poarch Creek Muscogee - Tribal Political History

+ White Mountain Apache — Fisheries Management for Self-Determination
and Economic Development

+ Hopi - Development of Technology Policy for Hopi Institutions
+ White Earth — Education Strategies for Hearing-Impaired Students.

+ Tribal Environmental Protection Agencies — Protocols for Development
of TEPA Programs

+ Diné College — Development of an Economic Research Initiative

« White Mountain Apache — Job Search Curriculum for the Strong Fathers
Program

+ Massachusetts Dept. of Indian Affairs - Options for a Statement of
Apology or Reconciliation

With the agreement of the organization requesting the Nation Building I
research projects, the results of these projects are widely disseminated

throughout Indian Country in recognition of the fact that many Native leaders
are struggling with similar challenges.

In addition to the Nation Building courses, HUNAP offers the 1665
Graduate Research Seminar for researchers from throughout the University to
share ideas and results. The course on Critical Issues in the Education of
Native Americans in our. Graduate School of Education provides insight into
the policy, organizational, and curricular frontiers of Indian education.
Similarly, the Law School annually offers a modular course on American Indian
law (most recently taught by Prof. Rob Williams of the University of Arizona).
A new initiative pilots (with Hopi high school students) an effort to expose
Native students to medical fields, science, and mathematics during a
summertime program at Harvard. Additional curricular offerings are high on

‘Statement of Dr. Kenneth Pepion and Prof. Joseph P. Kalt
Harvard University Native American Program


67

* Applied research project supervised in a graduate level seminar, up to 3
hours;

«A faculty-supervised LL.M. thesis, up to 6 hours; and
* Graduate level courses in related disciplines (e.g. anthropology, history,

philosophy ~ subject to the approval of the program director), up to 6
semester hours.


45

Begay and Cornell, Statement, Senate Committee on Indian Affairs, 6-21-01 2

NATIVE NATIONS INSTITUTE
FOR
LEADERSHIP, MANAGEMENT, AND POLICY

Manley A. Begay, Jr., Ed.D., and Stephen Cornell, Ph.D."

The Native Nations Institute (NNI) serves as a self-determination, development, and self-
governance resource to indigenous nations in the United States, Canada, and elsewhere.
Its programs address the challenges of nation-building through:

= Leadership and Management Programs designed to train present and future
leaders

= Policy Analysis on issues of critical importance to indigenous nations

= Basic Research on the foundations of self-determined economic and community
development

= Collaborative Relationships with Native nations and organizations.

Founded by The University of Arizona and the Morris K. Udall Foundation, NNI is part
of the Udall Center for Studies in Public Policy, a research and outreach unit of the
University. NNI is an outgrowth of the research and related work of the Harvard Project
on American Indian Economic Development.

Background

The last two decades have seen a remarkable change in the governing and economic
situations of American Indian nations. In the 1970s, the federal government moved to a
policy of self-determination for Indian tribes. Assertive Indian nations have used the
opportunity opened by this policy to take dramatically increased control of their own
affairs, realizing in practice much of the sovereignty long recognized and promised in
treaties, court decisions, and legislation.

Such assertions, however, have posed major leadership, management, and policy
challenges for Indian nations. Confronted with many of the same institutional, strategic,

Manley A. Begay, Jr. is Director of the Native Nations Institute at the Udall Center for Studies in Public
Policy at The University of Arizona, where he also is Senior Lecturer in American Indian Studies. He
also serves as Co-Director of the Harvard Project on American Indian Economic Development. Dr.
Begay is a citizen of the Navajo Nation and a graduate of Diné College and of The University of
Arizona. He holds an Ed.D. degree from Harvard University, where he was Lecturer in Education until
moving to The University of Arizona in the summer of 2000.

Stephen Cornell is Director of the Udall Center for Studies in Public Policy at The University of Arizona,
‘where he also is Professor of Sociology and of Public Administration and Policy. He also serves as Co-
Director of the Harvard Project on American Indian Economic Development. Dr. Comell holds a Ph.D.
in sociology from the University of Chicago and has served on the sociology faculties at Harvard
University and at the University of California, San Diego. He joined the Arizona faculty in 1998.


87

T Upc Inip was inten ore at apt

Awas Tingni Update

HEARING OF AWAS TINGNI INDIGENOUS LAND RIGHTS CASE TAKES
PLACE BEFORE THE INTER-AMERICAN HUMAN RIGHTS COURT

UPDATE
NOVEMBER, 2000

San Jose, Costa Rica ~ Over three days last November, 2000, the Inter-American
Human Rights Court held session in San Jose”, Costa Rica, to hear the case of the
Awas Tingni Mayagna (Sumo) Indigenous Communtty vs. The Republic of
Nicaragua. The lawsuit is unprecedented in the history of the Inter-American
Human Rights Court, not only because the Court has never before allocated three
full days to 2 hearing, but more importantly, because it was the first time that the
Court has ever presided over a case predicated upon indigenous traditional and
‘communal land rights Convincing the Court that the issue of indigenous land
rights merited their attention therefore represented a victory in itself, as well as
the cuimination of five years of hard work by the community's legal team headed
by Jim Anaya, special counsel for the Indian Law Resource Center.

To provide some background to this seminal case, in 1995, after many fruitless
years spent seeking the legal demarcation of their traditional lands through both
the government and legal systems of Nicaragua, the community of Awas Tingni
instructed their lawyers to file a petition on their behalf with the Inter-American
Human Rights Commission of the OAS. Despite the fact that the right of
indigenous peoples to use and own their traditional communal lands is provided
by both the Nicaraguan constitution and concomitant domestic laws, Awas
Tingni’s leaders found their efforts to obtain a formal communal land title
thwarted at every turn. Their petition therefore stated that Nicaragua's failure to
hhonour and protect indigenous property rights constituted a direct violation of
their human rights as OAS citizens. Afier several years spent carefully reviewing
Awas Tingni’s claims, the Inter-American Human Rights Commission eventually
determined that they were legally warranted. In 1998, the Commission’s legal
team therefore moved to take the case to the Inter-American Court, with the
community's lawyers appointed as special counsels The trial was scheduled for
the fall of 2000.

‘Over the three-day trial, the 8 judges presiding over the Court heard Awas
Tingni’s lawyers build a convincing case to demonstrate that the Government of
Nicaragua purposefully maintains a clear, if unstated policy to frustrate all efforts
by indigenous communities to secure the legal entitlement of their traditional
land. By these actions, the community's lawyers argued, the Government of
‘Nicaragua is in direct violation of its obligations under national and international
law to uphold human rights, in this case, indigenous land rights. Human rights
for indigenous peoples necessarily incorporate land rights, since the sustenance
and reproduction of indigenous communities economic, cultural and spiritual
traditions depend upon secure access to their ancestral lands. In presenting their
case, the community's legal team drew upon an eclectic panel of witnesses

ord ot7 2001 104 P


8

we have to deal with several different entities, including the States
themselves.

So I think that we are poised to address the issues and relation-
ships that should better exist in partnerships between State Offices
of Education, State public and private institutions, as well as K~
12 schools.

So I would very much advocate strong partnerships among these
three entities in addressing all these issues.

The CHAIRMAN. Thank you.

Ms. Furse, you speak of a Tribal Advisory Board?

Ms. FursE. Yes.

The CHAIRMAN. And how are they selected?

Ms. Furs. Well, the criteria was set at that first meeting, that
the Advisory Board would be made up of chairs of tribes, or the ex-
ecutive directors of tribal organizations. And so the original little
nucleus was tribal chairpeople, mostly in the northwest, but they
have since selected others to join us. We were just recently joined
by the Speaker of the Navajo Nation. So it is beginning that people
are coming into our Advisory Board.

But I do want to stress that they are a policymaking board, and
the university recognizes that.

The CHAIRMAN. If we were to expand that to have a national
role, would that be in competition with or as an adjunct to the Na-
tional Congress of American Indians?

Ms. FurSE. You know, I think that there is so much work, Mr.
Chairman—there is so much need that I don’t think that any of us
are ever going to be in competition. I think we can work collabo-
ratively and each of us fill that unique role, but also support that
role of each institution.

The CHAIRMAN. Well, I thank the three of you. I appreciate this
very much.

Ms. Furse. Thank you, Mr. Chairman.

Mr. Katt. Our pleasure.

The CHAIRMAN. May I now call upon the second panel. The direc-
tor of the Native Nations Institute for Leadership, Management,
and Policy and the Senior Lecturer of the American Indian Studies
Program at the University of Arizona, Dr. Manley Begay; the direc-
tor, Professor of Sociology of the University of Arizona, director of
the Udall Center for Studies in Public Policy and the Codirector of
the Harvard Project on American Indian Economic Development at
Harvard University, Professor Stephen Cornell.

STATEMENT OF STEPHEN CORNELL, DIRECTOR, PROFESSOR
OF SOCIOLOGY, UNIVERSITY OF ARIZONA; DIRECTOR,
UDALL CENTER FOR STUDIES IN PUBLIC POLICY; AND CO-
DIRECTOR, HARVARD PROJECT ON AMERICAN INDIAN ECO-
NOMIC DEVELOPMENT AT HARVARD UNIVERSITY

Mr. CoRNELL. Thank you very much.

The CHAIRMAN. Welcome to the committee.

Mr. CoRNELL. Thank you, Senator. It’s a pleasure to be here. We
very much appreciate the opportunity to speak with you and to
share this morning with our partner institutions working in Indian
country.


NATIVE AMERICAN PROGRAM INITIATIVES AT
THE COLLEGE AND UNIVERSITY LEVEL

THURSDAY, JUNE 21, 2001

U.S. SENATE,
COMMITTEE ON INDIAN AFFAIRS,
Washington, DC.
The committee met, pursuant to notice, at 9:56 a.m. in room 485,
Senate Russell Building, Hon. Daniel K. Inouye (chairman of the
committee) presiding.
Present: Senator Inouye.

STATEMENT OF HON. DANIEL K. INOUYE, U.S. SENATOR FROM
HAWAII, CHAIRMAN, COMMITTEE ON INDIAN AFFAIRS

The CHAIRMAN. The committee meets this morning to receive tes-
timony on Native American program initiatives at the college and
university level. These programs are addressing needs in Indian
country that have been around for a long, long time, but thank-
fully, because of the energy and initiative of a few institutions, we
are beginning to see an important and substantive response.

Together, these Programs hold the potential for significantly en-
hancing the thoughtful development of Indian policy through an
understanding of what is working in Indian country and why;
through access to training in governmental processes and policy
formulation; through an examination of the laws and policies that
affect indigenous people worldwide; and through the ability to con-
duct research and develop data that will address the need for infor-
mation upon which intelligent decisions can be made.

We applaud those who are here today and commend them for
their efforts.

This is some of the good news of the many positive things that
are going on in Indian country.

Because they carry on their work in quiet ways, and because
their work may not be the stuff that newspaper headlines are made
of, we thought it was important that their efforts be brought to the
attention of the Congress and the American public; and that is.
quite simply why we are here today.

May I welcome all of the witnesses who join us here today. Wel-
come to the committee.

For the first panel we have the director of the Institute of Tribal
Government, Portland State University and a former member of
the Congress, Elizabeth Furse; from the Harvard Project on Amer-
ican Indian Economie Development, Kennedy School of Govern-
ment, Professor Joseph Kalt.

@


42

by the Ford Foundation, which is a resource for innovative people and

institutions worldwide. Supplemental support is provided by the Rockefeller
Foundation.

Modeled after successful governmental "best practices" programs in
Brazil, the United States, and the Philippines, Honoring Nations spotlights
American Indian tribal government programs, practices, and initiatives that are
especially effective in addressing key needs, problems, and challenges facing
American Indian nations. Honorees are selected through a competitive
process on the basis of the effectiveness, creativity, transferability,
significance, and sustainability. The program is directed by Mr. Andrew Lee,
executive director of the Harvard Project, and is guided by an advisory board
comprised of experienced leaders from the public, private, and nonprofit
sectors in Indian Country.

Honoring Nations is founded on the research of the Harvard Project,
which finds that Indian tribes’ ability to create and sustain effective governing
institutions is essential for breaking cycles of dependence and building
healthy, prosperous nations. By celebrating and sharing "ideas that work" in
tribal governance, Honoring Nations seeks to provide best practices education
and information to tribal leaders and public administrators of the more than
550 Indian nations in the United States. At the same time, Honoring Nations
seek to shift focus from what doesn't work to what does work in tribal self-
governance, reinforcing pride and confidence in the ability of tribal
governments to make positive contributions to the well-being of their
respective communities and citizens.

‘Statement of Dr. Kenneth Pepion and Prof. Joseph P. Kalt
Harvard University Native American Program


73

and other treaty based rights to natural resources; Alaska Native law and Native
Hawaiian rights; and comparative intemational legal perspectives on Indigenous
Peoples’ rights (Professor Williams).

Intemational Human Rights Advocacy Workshops is intended to provide students
with knowledge and provoke their thinking about the application of international law,
particularly its system for the protection of human rights, to Native Americans and
other indigenous peoples throughout the world. Emphasis will be on recent and
ongoing developments at the United Nations and the Organization of American States

(Professor Anaya).

Intemational and Comparative Law on Indigenous Peoples will examine
developments in intemational law and institutions that relate to the rights of indigenous
peoples worldwide, and does so in conjunction with a survey of relevant domestic laws
and policies of the United States and selected other countries (Professor Anaya)

The core curriculum:

Critical Race and Post-Colonial Theory focuses on the particular histories of four
major racial groups in the United States, African Americans, Indians, Latinos/as, and
Asian Americans, and their encounters with white Europeans and their descendants.
Related readings in critical race and post-colonial theory will be drawn upon to develop
interpretive perspectives on these complex histories. The overall goal of the seminar is.
to have students produce substantial papers reflecting a rigorous and erudite
understanding of critical race and post-colonial theory as applied to specific issues of
the legal history of race and racism in the United States. A significant amount of
theoretical reading and legal historical research will be required for students enrolled in
this course.

Environmental Justice explores issues of distributive justice in the context of
environmental law and policy. It considers whether environmental burdens are equally
distributed; whether governmental decision makers adequately take into account the
circumstances of communities of color and low-income communities in setting
environmental standards; whether environmental agencies enforce environmental
standards equally, and whether the institutions of environmental law and policy provide
equal access to all. It examines the role of law in remedying the inequalities and
deficiencies identified. Topics include actions under equal protection theories and
under Title VI of the Civil Rights Act, public participation in administrative decision
making, and other issues raised by the principles of Environmental Justice.

Environmental Law analyzes the {aws of the United States relating to protection of the

environment, including the major statutory schemes, overlapping jurisdiction of the
federal government and the states, and related policy issues.

W


ive Stn

82

ep sews incl ag boas simi

Law Resource Center to submit a request tothe Inter-American Commission
10 call upon the government to suspend the concession until the issues mn the
petition have been fully resolved

The Inter-Amencan Commission on Human Rights is a body of the
Organization of American States (OAS) that was created to promote the
observance and defense of human rights by member states. All the countries of
North, Central and South America, except Cuba, are members of the OAS. As
a member of the OAS. Belize is bound by the human rights principles that are
‘outlined in the American Declaration on the Rights and Duties of Man

For More information , contact Deborah Schaaf, staff attorney at the Indian
Law Resource Center, at 406/449-2006,

[Home] [Program ] {Press] [Newsletters] [Papers] [Links] [Contribute] (Text only] [Info] [Jobs]

o172001 10557


8. Hro. 107-83

NATIVE AMERICAN PROGRAM INITIATIVES AT
THE COLLEGE AND UNIVERSITY LEVEL

HEARING

BEFORE THE
COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE
ONE HUNDRED SEVENTH CONGRESS
FIRST SESSION
ON

ADDRESSING THE NEEDS IN INDIAN COUNTRY PERTAINING TO NATIVE
AMERICAN PROGRAM INITIATIVES AT THE COLLEGE AND UNIVERSITY

LEVEL
JUNE 21, 2001
WASHINGTON, DC
U.S. GOVERNMENT PRINTING OFFICE
78-725 CC WASHINGTON : 2001

For sale by the U.S. Government Printing Office
Superintendent of Documents, Congressional Sales Office, Washington, DC 20402





30

Portland State University: A Commitment te the Native American Community

Employs a Native American student advisor who assists with enrollment, guidance and support for
Native American students at P.S.U,

Acts as a host of the American Indian Science and Engineering Society and United Indian
Students in Higher Education

Provides scholarship assistance for Native American students through the Jean Vollum American
Indian Scholarship

Provides distance learning services to the Grand Ronde, Umatita and Siletz tribes through the
Professional Development Center's Tribal Administration Program

Developing a Native American Studies Certificate Program through the College of Liberal Ants and
Sciences

Operates The Institute for Tribal Government at the Hatfield School of Government, offering
leadership classes and other educational resources to tribes throughout the nation

Oversees the Tribal Leadership Archive Project, which involves interviewing and videotaping selected
tribal leaders who have had significant impact on regional and national issues across Indian country

Developing the Native American Student Community Center to provide a place for Native American
students to share their values and cuture

Offers the First American Education Series, providing seminars about American Indians taught by
American Indians

Created the Advancing Cross-cultural Education Skills (ACES) program, a partnership with the
University of Texas and Northwest Indian College (NWIC) to teach technology skills to NWIC faculty and
preservice teachers

‘Sponsored a symposium in March on “Current Native American Issues in the Columbia River
Basin” attended by approximately 200 people

Serves Native American children and families through the Child Welfare Partnership, including a Tribal
representative on the “Supervising for Excellence Steering Committee”

Requires students to carry out a senior-year capstone project for graduation; a number of capstone
projects have focused on Native American history and culture: Chemawa Indian School Project,
Environmental Education through Native American Lenses, Salmon Corps and the History of Indian
Fishing Rights in the Pacific Northwest

Offers a Master of Public Administration degree with a specialty in Tribal Administration. directed by
a Native American Associate Professor

Offers college courses that focus on Columbia River Basin studies to Salmon Corps students at the
‘Umatilla Indian Reservation

Employs a Native American Assistant Professor in the School of Urban Studies & Planning who
specializes in Native American art, literature, and cultural studies

Employs a Native American Associate Professor in the College of Liberal Arts & Sciences who
specializes in Native American literature


89

Statement of Alan Parker
Director, The Northwest Indian Applied Research Institute
The Evergreen State College
Olympia, Washington
parkeral@evergreen.edu

Before the United States Senate Committee on Indian Affairs
Hearing on Exemplary Native American Program Initiatives
US Colleges and Universities
June 21, 2001 Washington, DC

Mr. Chairman and members of the Committee on Indian Affairs: It is a pleasure and privilege to
appear before you today to testify regarding exemplary program initiatives at US Colleges and
Universities that serve Native American Students and Indian tribal communities. | am
accompanied today by Dr. Linda Moon Stumpff, the director of the Master in Public
Administration program at The Evergreen State College who will be describing our plans to
establish a special graduate program for tribal government administrators and managers.
Attached to my written statement please find a copy ofa brochure entitled, “Native American
Programs at The Evergreen State College” which contains a brief description of the academic
programs we offer to students and the two public service centers recently established by the
College, the Longhouse Education and Culture Center and the Northwest Indian Applied
Research Institute. | have also included a report that describes the activities and accomplishments
of the Northwest Indian Applied Research Institute over the past two years as well as an excerpt
from our web page.

Mr, Chairman, we at The Evergreen State College are very proud of the fact that The Honorable
Billy Frank, Jr., Nisqually tribal member and Chairman of the Northwest Indian Fisheries
Commission, serves as a member of our Board of Trustees. To my knowledge, we are the only
State College that has a prominent tribal leader on their governing board. Billy has been both an
inspiration to the Native American students and faculty at Evergreen and a powerful influence on
the administration of the College. In addition, the College in very pleased to report that we have
the highest percentage of Native American students and faculty of any College in the US. For
this current academic year over 150 native students attended Evergreen out of a total enrollment
of 4,800 and 12 natives are full-time faculty out of a total of 187 faculty who teach on a regular,
full-time basis.

The Reservation Based Community Determined Acades Program

‘The Evergreen State College has a twenty-five year track record of serving tribal members and
many Evergreen graduates are tribal community leaders and outstanding professionals. Twelve
years ago the College initiated a unique program offering liberal arts degree classes on five of the
Indian reservations in the South Puget Sound and Olympic Peninsula areas. The Reservation
Based Community Determined Program not only makes it possible for these community
members to pursue their BA degree without having to disrupt their lives by relocating to the
College’s Olympia Campus, but the curriculum for their classes is also designed to address
distinctive issues and topics relevant to these tribal communities. | recommend that you review


inp nee agai nrg Pods as ne Ne

IAC Rules on Awas Tingni

to Press Releases P:

sso Tinga

See this Update: Awas Tingni Case Tned Before Inter-American Court
‘Over three days in November, the Inter-American Court of Human Rights heard
the case of the Awas Tingni Mayagna (Sumo) Indigenous Community vs. The
Republic of Nicaragua, November 20, 2000

Indian Law Resource Center

Centro de Recursos Jwsidicos para los Pueblos ndigents
Helen Monta + Watingon, DC. + Anthoepy, Aha + Tuson Arona

For Immediate Release Contact: S. James Anaya (520) 626-6341,
Armstrong Wiggins (202) 547-2800

INTERNATIONAL HUMAN RIGHTS COURT TO RULE

ON INDIAN LAND RIGHTS CASE AGAINST NICARAGUA

February 4, 2000

WASHINGTON, D.C. - In a unanimous decision the Inter-American Court of
-Humen Rights has ruled that it will consider the merits of @ case against
‘Nicaragua in which Indian land rights are the central issue. This is an
unprecedented ruling by an international court. It is a successful first step in a
legal proceeding brought by Indians that will likely have a profound impact on
the rights of millions of indigenous people of the Americas, almost all of whom
are struggling to protect their lands and resources from exploitation.

The Inter-American Court’s decision of February 1, 2000, was in the case of
The Inter-American Commission on Human Rights on Behalf of the Awas
Tingni, Mayagna Sumo Indian Community Against the Republic of Nicaragua
The Inter-American Court sejected Nicaragua's attempt to dismiss the complaint
on procedural grounds. A trial will be held later this year in San Jose, Costa
Rica where the Inter-American Court is located.

‘As a member of the Organization of American States (OAS), the international

90 617 201 10557


12

The CHAIRMAN. Well, if you have the solution, I hope you share
it with us. One of my first assignments as chairman of the commit-
tee was to go to northern California. As part of the American expe-
rience, because there was a time in our history when non-Indians
thought that “Indians all look alike” they put different tribes on
the same reservation, even if they were enemies. So here were two
tribes that had lived for nearly 200 years, fighting with one an-
other on the same reservation. And the only solution that we could
find was the one that Solomon provided: Cut the nation in half, you
have one half, you have the other half. But that might not be the
solution.

So whatever you have found, please share it with us.

My question to you is, you must have a lot of findings, good
things coming out of your research and your collaborative work
with other institutions. Are you sharing this information with In-
dian country?

Mr. CoRNELL. A major part of our effort is to share it as widely
as we can. We are in the process right now of putting together two
different collections of cases of excellence in enterprise development
and excellence in governance, and we have found funding to allow
us to distribute that gratis to tribes across the country and to tribal
planners and councils. So a major part of our effort is to find ways
to tell the success stories, in accessible ways, to tribal leadership.

The CHAIRMAN. If we are not able to secure the transfer of $1
million for the institute, will that mean that the institute would
have to close it’s doors?

Mr. Becay. I don’t believe so. The institute will have a tougher
time, obviously, but we believe that we have a very good track
record. We have been working for 15 years or so in Indian country,
and we have a lot of friends. We believe that members of the Inter-
national Advisory Council will come to our aid and assistance in
raising some funds.

I think that the University of Arizona has a deep commitment
to the Native Nations Institute as well, and through the president
of the university, Peter Likins, we will be around for a long time.

The CHAIRMAN. Will you do me a favor?

Mr. BrEGay. Yes, sir.

The CHAIRMAN. At the close of this hearing, sit down and draft
a letter to me as chairman of this committee that I can share with
the Appropriations Committee, setting forth some of the problem
areas that you have dealt with and what your program and
projects will be like with the money provided, and tell us what will
happen without this money.

Mr. BeGay. We'd be glad to.

The CHAIRMAN. I thank you very much.

Our next panel consists of the Dean and chair of Constitutional
Law, University of Arizona James E. Rogers College, Dean Toni
Massaro; the Samuel Feglty Distinguished Professor of Law, Pro-
fessor S. James Anaya; and the Associate Clinical Professor of Law
and director, Indigenous People Law and Policy Program, Univer-
sity of Arizona, Professor James Hopkins.

Dean Massaro.


54

TESTIMONY BEFORE THE UNITED STATES SENATE
COMMITTEE ON INDIAN AFFAIRS - OVERSIGHT
HEARING ON NATIVE AMERICAN PROGRAM
INITIATIVES AT THE COLLEGE AND UNIVERSITY
LEVEL

JUNE 21, 2001

Submitted respectfully by:

(1) S. James Anaya, Co-Chair to the Indigenous Peoples Law and Policy
Program and the Samuel M. Fegtly Professor of Law;

(2) James Hopkins, Director & Associate Clinical Professor of the
indigenous Peoples Law and Policy Program;

(3) Toni M. Massaro, Dean and Milton O. Riepe Chair in Constitutional
Law, the University of Arizona James E. Rogers College of Law.

The University of Arizona
James E. Rogers College of Law
Master of Laws (LL.M.) Program in Indigenous Peoples Law and Policy

K

Good morning Chairman Campbell, Vice-Chairman Inouye, and distinguished
members of the Committee. It is an honor to be invited to provide testimony
before the Senate Committee on Indian Affairs. | am Toni M. Massaro, Dean and
Milton O. Riepe Chair in Constitutional Law at the University of Arizona James E.
Rogers College of Law. It is with great pleasure that | introduce to you my two
colleagues who will be speaking about our new LL.M. program in Indigenous
Peoples Law and Policy. James Hopkins is the Director and Associate Clinical
Professor for the Indigenous Peoples Law and Policy Program and seated next
to him is James Anaya, Co-Chair to the Indigenous Peoples Law and Policy
Program and the Samuel M. Fegtly Professor of Law.

The indigenous Peopies Law and Policy page 7
The University of Arizona James E. Rogers College of Law


96

all levels of governance. This is consistent with the educational value of seeking
democratic, equitable and practical solutions to the problems facing governments,
organizations and communities today. The study of mechanisms for agreement and
positive administrative actions create a program that is integrative rather than
exclusionary. It is the first MPA program to positively emphasize collaboration and
include the study of tribal governments. As such, it carries regional and national
significance.

Programs such as MPA/CAT contribute to the intellectual and cultural growth of the
nation. Such programs in higher education enhance skills and knowledge by engaging
multiculturalism in governance. Inspired by the work of leaders like Joe de la Cruz and
Billie Frank Jr., Governor Dan Evans and Governor Booth Gardener and others. It
outlines a path for understanding governance and politics with an emphasis on the nature
and context of indigenous nations. This leads to reflection on the implications of cultural,
political and economic effects of policy with special consideration for specific
populations characterized by gender, culture or race.

Government policy-makers and tribal leaders benefit from understanding the application
of traditional and adaptive ways. These are important techniques for implementing
contemporary governance structures that are informed by a rich regional historic context.
Classes focus on collaborative, facilitative ways of governing and specifically, on
policies and administration that foster traditions, widely shared creativity and social and
economic accountability in administration. The theme of collaborative governance is
purposeful rather than bureaucratic: it looks to organizational design with flatter, open-
ended structures supported by an understanding of interconnected systems. Applied in
this way, the educational model enriches intellectual dialogue by linking economic and
administrative systems with local participation and experiential, action-oriented learning
approaches. The emphasis on collaboration is especially important in bridging the gap
between the opposing arguments for regulatory and incentive-based initiatives.
Collaboration as defined by current research is an institutional response to working
together that moves resources on an as-needed basis. This approach is especially unique
in its adaptivenes and in its honoring of the bioregional knowledge of place.

PROGRAM STRUCTURE

The program will be delivered in Intensive Format to make it more accessible to tribal
members, officials and agency liaisons at a distance while preserving the power of face-
to-face interactive learning environments, group work and the goal of creating learning
communities. Intensive format courses are delivered in five-day segments. This allows
working professionals at a distance to reduce travel and incorporate coursework into a
format than can be substituted for a weeklong training course. A second characteristic of
this program is the recruitment of a special class or cohort with a specific interest in tribal
government. The cohort passes through a series of core courses together. Class members
form long term relationships and gain sophistication in collaboration and group work.
This system honors traditional values of group support and non-abandonment. Cohort
programs have demonstrated high success rates in MPA programs.


x)

Intemational Trade Law includes discussion from a legal and policy perspective of the
General Agreement on Tariffs and Trade and the World Trade Organization; the
Norther American Free Trade Agreement, U.S., Mexican and intemational rules on
dumping, subsidies and safeguards; U.S. legislation on preferential trading regimes,
export controls and other restrictions; introduction to custom law, and basic aspects of

investment.

Introduction to the U.S. Legal System (for foreign law graduates) provides foreign
students with an introduction to the U.S. legal system, including the U.S. Constitution
and the Bill of Rights; roles of legislative, executive and judicial branches of

; courts, case law and precedent; basics of civil procedure; federalism and
the respective roles of the state and federal goverments.

Multinational Transactions covers the regime of treaties designed to avoid double
taxation, particularly the U.S.-Mexico and U.S.-Canadian treaties; U.S. taxation of
foreign source income; “competent authority” and other procedures to resolve
jurisdictional disputes; and problems related to information exchange and cooperation
among different national tax authorities.

Public International Law discusses treaties and customary international law,
intemational law in the United States; resolution of international disputes; states and
other intemational entities; sovereign immunity and the act of state doctrine; state
responsibility for aliens and human rights; law of the sea; jurisdiction and territory; and
the use of force.

Indigenous Peoples Law and Policy Clinic is where students work in tribal law
offices and courts. In addition, the clinic is involved in many Indian law projects, from
preparing tribal constitutions and court procedures to researching legal issues dealing
with indigenous peoples throughout the world.

Program Scope, Limitations and Costs

itis expected that LL.M. candidates will spend two semesters completing the
program, but some candidates may be in residence for a longer period. Candidates are
expected to complete their theses, if they choose to produce one as part of their
approved program of study, by September 1 of the year in which they complete their
required course work. Extensions beyond December 31 will not be granted. The
formal academic year begins the third week of August. However, foreign students will
be enrolled in a special three-week pragram in the American legal system, and
Research and Legal Writing, beginning approximately July 15. All candidates will be
expected to spend their full time on study and research activities while enrolled at the
College of Law. The projected tuition costs for 2001-2002 academic year are $5,098
for Arizona residents and $12,554 for non-residents; costs in subsequent years are
expected to increase slightly. The fees and living expenses (including books and


HUNAP's agenda, and the Program is emphasizing the need to find first-rate
Native faculty.

Outreach. Through Honoring Contributions in the Govemance of American
Indian Nations (Honoring Nations), a nationally prominent program of
HUNAP's Harvard Project on American Indian Economic Development, tribal
organizations are recognized for innovative and exemplary contributions to
Indian Country. The Harvard Project plays the critical role of researching and
disseminating lessons drawn from Honoring Nations honorees. The Harvard
Project and Honoring Nations are described more fully below.

HUNAP also supports a growing number of outreach efforts that
address vital needs of Native American and First Nations communities. The
Nation Building Ii course enables students from all parts of the University to
engage in field-based research on problems identified by tribes and other
Native organizations — with resulting projects contributing directly to the
requesting organizations’ decision making capacities.

Research. HUNAP continues to expand its research efforts, reaching across
issues and across the University to contribute research of use to scholars,
educators, policy makers, and Native leaders. Examples of current research
efforts being conducted under the auspices of HUNAP include the widely
utilized work of the Harvard Project on American Indian Economic
Development, which consistently finds that the effective exercise of
sovereignty, combined with capable and culturally-grounded institutions of self-
government, are indispensable keys to successful, long-term development of
Native communities (see further below). Working with the Onigaming First
Nation of Canada, HUNAP researchers are studying strategies for improving

‘Statement of Dr. Kenneth Pepion and Prof. Joseph P. Kalt
Harvard University Native American Program


48

Begay and Cornell, Statement, Senate Committee on Indian Affairs, 6-21-01 5

The curricular focus in all of NNI’s leadership and management programs is on nation-
building and leadership: the tasks of building—and leading—capable, healthy, and
economically prosperous Native nations that control their own futures. Primary elements
of the curriculum include: Nation-Building: the construction of effective institutions of
self-government designed to meet the distinctive circumstances, needs, and priorities of
Native nations; Strategic Planning and Policymaking: the tools needed to make
informed, strategic policy decisions; Administration/Management: the “nuts and bolts”
of getting things done; External Relations: the construction of productive relationships
with federal and state/provincial governments and other constituencies with whom Native
nations must deal to realize their own designs. The primary curricular concern is less
with technical assistance—well supplied by other programs in other places—than with
the foundational tasks of institutional, strategic, and policy development.

Leadership and Management Programs: Examples

= In partnership with the Harvard Project on American India: Economic
Development, NNI organized a two-day executive education program on
“Leadership, Governance, and Economic Policy” for the Navajo Nation
Council, held in Flagstaff in early May. Under the sponsorship of
Edward T, Begay, Speaker of the Council, NNI led more than 70 council
delegates and tribal senior staff through a series of sessions on self-
governance and business development.

* NN led two days of discussions with the leaders of seventeen First
Nations from the Yukon and British Columbia in Whitehorse, Yukon, in
March. Topics included self-determination, governmental design, and
development strategy. The sponsor was the Council of Yukon First
Nations.

* In August, NNI will lead a week-long Native American Youth
Entrepreneur Camp at The University of Arizona to expose Native
‘American high school juniors and seniors to the world of business and
economic development on Indian lands and to help them develop
entrepreneurial skills.

*  NNland the Harvard Project are collaborating on a book of case studies
on tribal self-governance, enterprise development, and leadership titled
Resources for Nation-Building: Strategies, Cases, Tools for Indigenous
Self-Determination.

2. Policy Analysis

Indigenous nations today wrestle with classic problems of contemporary societies: how
to build effective, sovereign governments; how to develop vigorous economies that fit
their circumstances and cultures; how to solve difficult social problems; how to manage
environment and natural resources; how to balance change and cultural integrity; how to
achieve their own objectives in interaction with other governments; and so forth. Such
problems present major policy challenges for Native nations, just as they do for other


Begay and Cornell, Statement, Senate Committee on Indian Affairs, 6-21-01 10

Gerald Sherman (Lakota)

Program Officer
Four Times Foundation
Montana

Steve Stevens (Crow)
Commissioner
Crow Tribe Public Utility Commission
Crow Tribe of Montana

Wayne Taylor (Hopi)
Chairman
The Hopi Tribe
Arizona

Robert Valencia (Yaqui)
Chair

Pascua Yaqui Tribe
Arizona

Beverly Wright (Wampanoag)
Chair
Wampanoag Tribe of Aquinnah
Massachusetts:

Peterson Zah (Navajo)
Past President and Chairman
‘Navajo Nation
Advisor to the President
Arizona State University

Patricia Zell (Arapaho/Navajo)
Democratic Staff Director & Chief Counsel
Senate Committee on Indian Affairs
Washington, D.C.


49

Begay and Cornell, Statement, Senate Committee on Indian Affairs, 6-21-01 6

societies, yet these nations often lack the time, resources, or personnel necessary to
analyze such issues adequately.

NNI’s policy analysis component draws on Indian Country and university resources to
help meet these challenges through rigorous research and analysis made accessible to
Native nations. These analyses—initiated by Native nations and organizations or by NNI
itself—are grounded in the experience of Native nations and directly involve Native
communities.

Policy Analysis: Examples

= NNI has joined the National Congress of American Indians and the
Kathryn M, Buder Center for American Indian Studies at Washington
University, St. Louis, in preparing data and supporting documents for
NCAI’s use’in discussions this coming fall on Congressional
reauthorization of tribal Temporary Assistance to Needy Families
(TANF) programs. These'organizations also are discussing a longer-
term research project on TANF and tribal responses to welfare reform.

* At the request of the Arizona Indian Gaming Association (AIGA), NNI,
through the Udall Center for Studies in Public Policy and in partnership
with Lexecon Inc., an economics consulting firm, carried out a
preliminary analysis of the impact of Indian gaming on the Arizona state
economy. A more detailed analysis is under discussion with AIGA.

3. Basic Research

Since the late 1980s, the Harvard Project on American Indian Economic Development
has carried out extensive research on indigenous self-governance and economic
development. This research was occasioned by dramatic cases of sustained, self-
determined economic development emerging across Indian Country, many of them not
tied to the recent development of niche markets in gaming, and all of them standing in
stark contrast to the widespread and seemingly entrenched legacy of reservation poverty.
Through systematic, comparative research, the Harvard Project has shown conclusively
(1) that indigenous nations can be successful at achieving sustainable development that
follows their own designs, and (2) that the keys to successful development lie in genuine
self-determination that is backed up by effective governing institutions that match
indigenous political cultures. This research has become an important resource to Native
nations both in the United States and elsewhere around the world.

NNI is continuing this research effort as well as the effort to widely disseminate the
results among indigenous nations. Part of the purpose of this work is to contribute to the
growing global dialogue about the necessary and sufficient conditions for economic
growth and development. Indian Country is distinctive—but it also is representative in
important ways of numerous communities around the world that languish in poverty. Our
experience suggests that Indian Country research may find application in unexpected
places. Today, both NNI and the Harvard Project field a growing number of inquiries
from New Zealand, Australia, Africa and elsewhere about the success stories that some of


78

Given the smalt size of the program and its unique attributes, admission is highly
competitive. The application deadline is March 15", 2001, however, applications may
be considered on a limited basis up to April 30", 2001, conditional on available space.
Earlier applications are strongly encouraged, as the Admissions Committee will be
Utilizing a "rolling admissions” policy, beginning in early February. Applications
ordinarily will not be considered by the Admissions Committee until all required
information has been received.

Questions relating to the Master of Laws in indigenous Peoples Law and Policy
Program should be addressed to:

James Hopkins
Director, indigenous Peoples Law and Policy Program
Associate Clinical Professor

The University of Arizona

James E. Rogers College of Law

1201 E. Speedway Blvd.

P.O. Box 210176

Tucson, Arizona 85721-0176 U.S.A.

Telephone: (520) 621-7669
Facsimile: (520) 621-9140
Email hopkins @nt.law.arizona.edu


88

Update vty se nai a upiteH

‘anging from expert anthropologists to intemstional development workers. from
indigenous activists to local lawyers, from regional politicians to leaders of Awas
Tingni itself All of these witness provided testimony to support the
‘comprehensive and convincing argument that the Nicaraguan government has
intentionally blocked Awas Tingi's efforts to secure the legal demarcation of their
traditional lands

In response, the Government of Nicaragua could only produce one witness: @
political appointee from the governmental body in charge of administering and
distributing rural lands, This witness tried to claim that the Government was in
fact, thoroughly committed to the demarcation of indigenous lands. He moreover
attempted to argue that the only reason that Awas Tingni’s claim has not been
honored is because this particular community has in fact no ancestral claim to the
lands they currently occupy. He claimed that Awas Tingni is not an indigenous
community, but rather one of extremely mixed ethnic origins, which only recently
moved to the area they now claim. This witness was indeed reiterating the same
arguments expounded by the Nicaraguan government's legal team throughout the
trial in their cross-examinations of the witnesses for the prosecution As all valid
anthropotogical. archaeological. oral accounts and other evidence related t0 the
‘Awas Ting: case clearly demonstrate, the Government's allegations are false. Ina
vain attempt to counter the mountain of evidence refuting their argument, the
government witness and lawyers attempted to introduce into the proceedings an
entire suitcase of documents that ostensibly supported the government's
assertions, The Court nevertheless ruled in favour of the community's lawyers,
who had objected strongly to this transparent attempt to swamp them with
materials just prior to the summations, by stating that the Govemment’s deadline
for presenting documentary evidence pertinent to their position had long since
passed. Final summations ensued, after which the Court was formally adjourned.

The Court is not expected to deliver its decision on the case until early spring of
2001. The community of Awas Tingni and their legal team recognize that the
judges have a difficult task before them, since by ruling against the state of
‘Nicaragua, the Court will be effectively sending a message to all member
countries of the OAS system that fail to address the issue of indigenous land
tights. The legal repercussions of a decision in favour of Awas Tingni are likely
to be considerable,” Nevertheless, Awas Tingni and their supporters remain
hopeful that the outcome will be in their favour, and that a seminal legal
precedent to support the struggle for indigenous land rights throughout the
‘Americas will have been set.

{Home} [Program ] [Press] [Newsletters] [Papers] [Links] [Contribute] [Text only] [Info] {Jobs}

cond

172001 15894


43

The honorees in the first two years of Honoring Nations have spanned
the complex challenges of nation building activities in Indian Country, with
program areas represented ranging from health care, education, and wildlife
management to constitutional reform, cultural affairs, and economic
development. These truly outstanding examples of self-rule represent best
practices not only in Indian Country, but among nations everywhere.

Strategic Partnerships - The Native Nations Institute: In partnership with
the Udall Center for Studies in Public Policy at the University of Arizona, the
Harvard Project has supported the creation in 2001 of The Native Nations
Institute for Leadership, Management, and Policy at the University of Arizona.
The Native Nations Institute serves as a self-determination, development, and
self-governance resource to indigenous nations in the United States, Canada,
and elsewhere. It addresses the challenges of indigenous nation building
through:

« Leadership and Management Programs providing customized education
for present and future leaders of American Indian and other Native nations;

+ Policy Analysis on issues of critical importance to those nations;

+ Basic Research on the foundations of sustainable, self-determined,
economic and community development;

+ Collaborative Relationships with Native nations and organizations.

At the heart of the Native Nations Institute's educational activities is the
common curricular focus on nation building that emerges from the research of
the Harvard Project on American Indian Economic Development: developing
indigenous capacities for the effective exercise of sovereignty and the effective
pursuit of comprehensive economic and community development. Core
curricular elements include institutional development and design, strategic

‘Statement of Dr. Kenneth Pepion and Prof. Joseph P. Kalt
Harvard University Native American Program


CONTENTS

Statements:

‘Anaya, S. James, Samuel Fegtly distinguished professor of Law and
co-faculiy chair, Indigenous Peoples Law and Policy Program, Univer-
sity of Arizona James E. Rogers College of Law, Tucson, AZ

Begay, Manley, director, Native Nations Institute for Leadership, Man-
agement, and Policy, and Senior Lecturer, American Indian Studies
Program at the University of Arizona, and Codirector, Harvard Project
on American Indian Economic Development at Harvard University .

Cornell, Stephen, director, Professor of Sociology, University of Arizona;
director, Udall Center for Studies in Public Policy; and codirector,
Harvard Project on American Indian Economic Development at Har:
vard University .

Furse, Elizabeth, di ; 4
State University, Portland, OR, and former Member of Congress, First
District, Oregon » .

Hopkins, James, associate pro rector, LLM.
in Indigenous Peoples Law and Policy, University of Arizona’ James
E, Rogers College of Law, Tucson, AZ .. -

Inouye, Hon. Daniel K., U.S. Senator from Hawaii, chairman, Committee
on Indian Affairs ...

Kalt, Joseph P., Harvard Project on American Indian Economic Develop-
ment Kennedy School of Government, Harvard University, Cambridge,

Massaro, Toni M., Dean and Milton 0. Riepe Chair in Constitutional
aw, University’ of Arizona James E. Rogers College of Law, Tucson,

Parker, Alan, director, Northwest Indian Applied Research Institute, the
Evergreen State College, Olympia, WA. ca
Pepion, Ken, director, Harvard University Native American Indian Pro-

gram...
Stempff, Linda Moon, director, MPA Program, the Evergreen State Col-
lege, Olympia, WA

APPENDIX

Prepared statements:
Anaya, S. James (with attachments) .
Begay, Manley (with attachments)
Campbell, Hon. Ben Nighthorse, U.S.

man, Committee on Indian Affairs .
Cornell, Stephen (with attachments) .
Furse, Elizabeth (with attachment)
Hopkins, James (with attachments)
Kalt, Joseph P.

Massaro, Toni M. (with attachments)
Northwest Indian Applied Research Institute Summary of Activities
Parker, Alan
Pepion, Ken .
Stempff, Linda Moon

«am

Page

14


Program Objectives

‘The principal objectives of the LL.M. program are to provide United States and
foreign law graduates, professors and goverment officials, with (1) rigorous training in
the law of indigenous rights under domestic legal systems and under the intemational
human rights system; (2) the opportunity to engage in faculty-supervised legal and
policy research on projects relating to indigenous peoples’ rights and status under
domestic and intemational law; and (3) advanced graduate legal clinical placement
opportunities in Indigenous Law and Policy.

Prospective Applicants

The Collage of Law seeks a diverse and talented group of lawyers (in terms of
country and states of origin, gender, and racial and cultural background) to participate
in the Indigenous Peoples Law and Policy LL.M. Program. Lawyers admitted to the
program will have demonstrated throughout their careers a high degree of academic
achievement, intelligence, self-motivation and ability to perform with distinction in a
rigorous graduate legal advanced degree program. We anticipate that because of the
quality and unique nature of the Indigenous Peoples Law and Policy Program, the
number of highly qualified applicants will far exceed the number that the College of Law
will be able to accept, Recruiting will be through law faculties in foreign countries,
referrals from the U.S. and foreign goverment officials, and direct application. We
also anticipate considerable interest from J.D. graduates of law schools in the United
States, and plan to accept a select number of the best-qualified candidates in terms of
academic record and professional achievement.

Description of the Curriculum

The creation of the LL.M. program will permit the College of Law to strengthen
its already impressive list of course offerings in the field of Indigenous Peoples Law
and Policy and related core issues and problems. The academic course portion of the
LL.M. curriculum will consist of at least 24 semester hours of study. It is intended to be
flexible, to match the College of Law's diverse academic strengths with the particular
interests of LL.M. students (both U.S. and foreign). The basic curriculum design for

LL.M. students will include:

* Federal Indian Law | & It; international indigenous human rights law and
policy; international trade law; U.S.; public intemational law; jurisprudence:
environmental law, intemational environmental law and other courses and
seminars, a minimum of approximately 12 hours per semester;

» A faculty supervised research project, in one or more aspects of indigenous
peoples’ law and policy, up to 6 semester hours;

* A faculty-supervised LL.M. clinical placement, up to 6 semester hours;


Begay and Cornell, Statement, Senate Committee on Indian Affairs, 6-21-01

NATIVE NATIONS INSTITUTE FOR LEADERSHIP, MANAGEMENT, AND POLICY

International Advisory Council

‘The NNI International Advisory Council meets three times a year.
Less formal consultation occurs on a continuing basis.

Co-Chair, George Bennett (Ottawa and
Chippewa)
Immediate past Chairman

Grand Traverse Band of Ottawa and Chippewa

Indians
Michigan

Co-Chair, Sophie Pierre (Kootenay)
Chief
St. Mary’s First Nation
Tribal Administrator
Ktunaxa / Kinbasket Tribal Council
British Columbia

Lester Jack Briggs (Ojibwa)
President
Fond du Lac Tribal and Community College
Minnesota

Gregory Cajete (Santa Clara Pueblo)
Professor of Education
University of New Mexico

Duane Champagne (Turtle Mountain
Chippewa)
Professor and Director
‘American Indian Studies Center
‘University of California, Los Angeles

Raymond Cross (Mandan-Hidatsa)
Professor of Law
University of Montana

David Gipp (Lakota)
President
United Tribes Technical College
‘North Dakota
Denny Hurtado (Skokomish)
hairman
Skokomish Indian Tribe
Washington

Vernon James (Apache)
Executive Director
Health and Human Services
San Carlos Apache Tribe
Arizona

Willie Kaysulie (Yup'ik)
‘Tribal Operations Specilaist
Akiachak Native Village
Alaska

Edward Manuel (Tohono O'odham)
Chairman
Tohono O'odham Nation
Arizona

Elsie Meeks (Lakota)
Executive Director
Oweesta Corporation
First Nations Development Institute
South Dakota

Mike Mitchell (Mohawk)
Grand Chief
Akwesasne Mohawk First Nation
Ontario

Regis Pecos (Cochiti Pueblo)
Governor
Cochiti Pueblo
New Mexico,

Jaime A. Pinkham (Nez Perce)
ger
Department of Fisheries Resources
Nez Perce Tribe
Idaho

Dale Sambo Dorough (Inupiat)
Executive Director
Indian Law Resource Center
Alaska


101

addition to the college Native Studies programs. Included in that series will be a
video based on the late Joe De La Cruz, using his own words recorded at the
two-day conference last January here at TESC.

State-Tribal_ Relations. NIARI has sponsored several MPA applications
projects, which focused on tribal contributions to the economy of Washington
State, State-Tribal natural resource management processes and State-Tribal
Welfare Reform Compacting. We will continue to examine how tribes and the
state government can improve their relationship, in particular, where they have
shared governmental responsibility.

NIARI is continuing its work with tribal leaders and legislative members to
Propose the creation of a state legislative committee on State-Tribal relations.
NIARI has been identified as potential staff for such a committee. This would
provide more opportunities for TESC students to research topics related to state-
tribal relations and work towards more public policy development for improved
relations.

Washington State Curriculum Project. A recent graduate of the Master In
Teaching (MIT) Class of 2000 for Native Learners has been developing
curriculum on contemporary Native American issues. This curriculum is
formatted into lesson plans, which meet the Essential Learning Requirements in
the social studies area set forth by the Washington State Legislature. The lesson
plans are available on our Website and are in a format that allows the teacher to
download them along with recommended resource materials for use in the
classroom.


26

Jn addition to the tribal Board members, Senator Mark O. Hatfield, Portland State
University President Daniel Bernstine, and Dean Nohad Toulon of the College of Urban
and Public Affairs serve as advisors to the Board. It is an extraordinarily creative and
energetic group and I am very proud of the many accomplishments it has achieved in its
short existence. The Tribal Advisory Board will continue its unique role as the primary
policy-making body of the Institute. It will be relied upon to guidethe program, the
curriculum and will set the future goals for the Institute for Tribal Government.

The Institute Teaching Program

The Institute and its curriculum are designed to serve the needs of elected tribal
governments. The core curriculum for the Institute program includes: overview of
federal Indian law, history, and policy; the governmental duties and responsibilities of
tribes as sovereign governments; practical information on federal legislative, judicial and
executive government processes; jurisdiction; studies involving state and triba] relations,
and analysis of effective leadership strategies. Additional subjects can be added,
depending on the needs identified by a participating tribe. For example, additional topics
might include natural resources, or other unique issues with which a tribal government is
involved,

This comprehensive academic program is offered to individual tribal governments in an
intensive 3-day classroom experience, typically held at the Hatfield School of
Government at Portland State University. In instances where there are very large tribal
government bodies, as in the case of our upcoming class for the 8¢member Navajo
Nation Tribal Council in early July, the class will travel to the vicinity of the enrolled
tribe. These locally held classes are a cost-saving measure for tribes and will be
considered on a case-by-case basis.

Instructors for Institute classes range from law school faculty members specializing in

federal Indian law, to experts in Congressional legislative and appropriations processes,
authorities on state-tribal relations, former members of Congress and state legislatures,
and recognized tribal leaders

The Leadership Archive Project

In addition to the academic curriculum, the Tribal Advisory Board has identified an
urgent need to establish a Tribal Leadership Archive. This project is of great importance
to the Board. since many contemporary tribal leaders are elderly and their leadership
histories have never been udequately documented. Withthis project, the oral histories of
nationally recognized tribal leaders will be documented on videotape and will be used as
a teaching resource in our classes, and will be a resource to other students. The project
will focus on national tribal leaders who have been engaged in efforts to educate and
heighten awareness of tribal sovereignty. Six oral histories will be conducted this year
and will include Billy Frank of the Nisqually Tribe, Wilma Mankiller, Cherokee, Kathryn
Harrison, Chair of the Confederated Tribes of the Grand Ronde, among other national
tribal leaders. The work will be preserved at the Oregon Historical Society. In future
years. we plan to conduct 12 interviews annually, The Tribal Advisory Board will select





34

Student Enrichment. Student support continues to be a major function of
HUNAP. As a focal point for Native American student activity at Harvard, a
dedicated facility (Read House) provides a gathering place for intellectual and
cultural exchange. Through the office of the Program Coordinator, Mr. Lee
Bitsoi, HUNAP works with Harvard's various recruitment and admissions
offices to increase the number of Native Americans applying to and enrolling at
the University. We are expanding our recruiting efforts and increasing financial

aid, which is so critical to making it possible for qualified Native students to
enroll and survive at Harvard.

Teaching and Curriculum. HUNAP supports numerous courses focused
exclusively on Native American issues, and a growing number of courses that
include Native content. Highly successful offerings in Native Americans in the
21* Century: Nation Building | and Nation Building II are open to graduate and
undergraduate students from throughout Harvard. The curriculum focuses on
the challenges of decision makers in Indian Country today, but grounds
discussions of tribal government, federal policy, economic development, social
programs in Indian law, history and culture. The Nation Building Il course
offers students the unique opportunity to develop a research report on a real-
world problem as brought to HUNAP in requests from tribes and other indian
organizations. Recent projects have included:

+ Huron Potawatomi - Governmental Reform for Economic Development

+ Mescalero Apache —- Employment and Retention of Apache College
Graduates

+ Cheyenne River Sioux — Development of Youth Recreational Facilities
+ American Indian Women’s Business Association - Strategic Plan

Statement of Dr. Kenneth Papion and Prof. Joseph P. Kalt
Harvard University Native American Program


58

of Human Rights. The Court is being asked to consider the Awas Tingni peoples’
human rights compiaint that charges a failure by the Nicaraguan government to
consult, demarcate, or legally secure indigenous lands prior to the granting of
logging concessions. In November, 2000, the Inter-American Human Rights
Court heid session in San Jose, Costa Rica and marked the Court's first time
ever in presiding over a case predicated upon indigenous traditional and
communical land rights. The session was of further importance in that it marked
the culmination of enormous efforts by the petitioners who filed their claim before
the OAS in 1995.

Conclusion

The study of indigenous law reveals common themes of experience throughout
the world. The LL.M. program’s emphasis on comparative legal and policy
analysis, both here in the United States and abroad, promises to respond to the
global challenge facing indigenous communities by graduating highly trained
lawyers, policy-makers, and future tribal leaders into the field of indigenous law
and policy. The University of Arizona and the region benefits as we are quickly
becoming one of foremost international destination points for the most advanced
graduate level studies in field of indigenous law and policy with an increasing
emphasis on clinical and multi-disciplinary curriculum.

On behalf of the Indigenous Peoples Law and Policy Program, we would like to
extend our sincere thanks to the Chairman and Vice-Chairman and the
distinguished members of the Senate Committee for this hearing on matters that

are so critical to future of Native American education initiatives at the college and
university level.

The Indigenous Peoples Law and Policy page 5
‘The University of Arizona James E. Rogers College of Law


16

incidental expenses) for the three week summer session will be approximately $1,500-
$1,800

Satisfactory completion of the LL.M. program and receipt of the degree will
qualify foreign candidates to sit for the Arizona State Bar Examination under current
Arizona State Bar rules, (and for the respective bar examinations in many other U.S.
states) assuming that other requirements are met. There is, however, no guarantee
that a graduate of the program will pass the bar examination, and the LLM. program is
not primarily intended to prepare candidates for that examination. Limited scholarship
assistance for tuition and fees is available, and should be requested by separate letter
explaining financial circumstances and needs.

The Setting

The James E. Rogers College of Law of The University of Arizona was founded
in 1915. The College of Law is a highly selective institution currently ranked among the
top twenty public taw Schools in the United States, a group that includes The University
of Michigan, The University of California Berkeley, The University of Virginia, and The
University of California-Los Angeles. The College of Law provides a challenging legal
education for approximately 475 students from diverse backgrounds, life experiences,
and cultures. The College of Law has approximately 30 full-time faculty and a variety
of visiting lecturers and scholars. The law library's 345,000 volumes and volume
equivalents include one of the best Foreign/Latin American law collections in the
Southwestern United States. A specially trained foreign law librarian provides LL.M.
students with specialized instruction in researching international and foreign law
issues. Major student publications include the Arizona Law Review and the Anzona
Journal International and Comparative Law.

The University of Arizona is an educationally and culturally diverse institution
with more than 30,000 students, and consistently ranks among the top twenty public
universities in the United States; its library is one of the largest research libraries in the
country. Of particular interest to LL.M. candidates are the American Indian Studies, the
Departments of Philosophy, Anthropology, Sociology, and Linguistics, the School of
Business and Public Affairs and the Department of Economics, all of which are
nationally distinguished programs that offer courses of interest to anyone interested in
the study of indigenous peoples’ law and policy issues. The University’s facilities
include the Arizona State Museum; The University of Arizona Museum of Art; the
Center for Creative Photography; and the Flandrau Planetarium. Support is provided
for an excellent inter-collegiate and intramural sports program, and a student recreation

center.

Tucson, Arizona, located 62 miles from the Mexican barder in the Sonoran high
desert, is one of the oldest continuously inhabited cities in North America. The
metropolitan area, with approximately 800,000 persons, is the second-largest in
Arizona. The high Sonoran desert locale, with mountains on three sides, provides


28

The Tribal Advisory Board is eager to expand it’s role by creating a national forum
where existing and emerging policies can be analyzed and addressed by tribal
governments. We are exploring this exciting idea as an opportunity for tribes to.
substantively address issues that are important to their culture, economies, and welk
being.

In addition to tribal education programs there is increasing interest in training federal,
state and local agencies with regard to the unique status of tribal governments and inter
governmental relationships. We hope to expand this effort as a means to help promote
lines of communication and understanding between communities and sovereign
governments.

Mr. Chairman, you may also be interested in a related effort we are supporting which is
the construction of a Native American community center and longhouse on the campus of
Portland State University. Planning and fund-raising for this facility is well underway,
led in part by the PSU student body. The Center promises to provide an ideal setting for
tribal leaders to meet and learn in a culturally sensitive setting that encourages interaction
between tribal leaders, Native American students and other students. Some of the classes
of the Institute for Tribal Government will be held at this facility whenit is constructed in
2002 and 2003.

Collaboration with Other Institutions

With guidance from the Tribal Advisory Board, the Institute for Tribal Government w:
founded on the principle that it will actively work with tribal colleges and other tribally
oriented institutions of higher education. In that regard, we will continue to work with
institutions such as the Morris F. Udall Foundation, The Harvard Project on Native
American Economic Development at the Kennedy School of Government, the Evergreen
State College Northwest Applied Research Institute, the Lewis and Clark Law School,
the University of Colorado Law School, and the Native American Rights Fund. Each of
these institutions has directly contributed to our program by giving invaluable guidance
on curriculum development and other aspects related to formation of the Institute for
Tribal Government. Representatives of several of these programs also serve on our
Tribal Advisory Board in order to foster communication and awareness.

We will continue to seek out other educational institutions with which we can associate.
This will create an avenue by which tribal leaders and students can be referred to
academic programs at Portland State University and other institutions in order to further
their education in areas such as Tribal Administration, law, economic development, and
governance. We are particularly proud of this effort to maintain a collaborative and
mutually beneficial relationship with these other institutions.

We have moved very quickly this past year to make the Institute a reality. But we have
an unfinished agenda and still have a long way to go. The Institute has skeleton funding
for approximately 3 years. but we need to establish a more permanent funding base in
order to give maximum attention to our service programs. Since requests for our


94

intergovernmental relations and natural resource policy and land use issues, sovereignty
provides a curricular basis for exploring bilateral and multilateral negotiations with other
tribes and level of government in the theatre of government to government relations.
Considered together, they represent a kind of unwritten American Indian Articles of
Confederation. This particular combination of the attributes of applied sovereignty

creates a basis for including innovative studies of intergovernmental collaboration in the
curriculum.

The first choices of survey respondents also demonstrate a concern for context that
emphasizes the need to tailor research within the program to the legal, policy and cultural
histories of specific tribal nations. Such research responds to the tribal perspective in
policy-making. In the study of governance, what is important to tribal members and their
leadership, what is perceived as a threat or a gift by them, is the stuff of a new
educational program that honors specific tribal adaptations to policy-making. Tribal-
based responses to federal Indian policy thus constitute a meaningful awareness of past
and present impacts. This broadens the scope of the degree program to a dialogue that
maintains political and cultural relevance to the study of tribal governments.

The second category of components preferred by survey respondents related to the
institution-building components of governance. These included basic operations of
government such as social services, fiscal policy, management of pollution, salmon and
cultural resources, and the creation of consensus-based processes. The third grouping was
made up of two competency areas: collaboration and grants writing. The final set of
preferred variables related to key competencies generally connected to self-determination
such as economic development, exploring models of governance to adapt tribal
constitutions and writing legislation and policy development.

The priority rankings of the survey suggest tribal opinion leaders and employees value
educational programs based on concepts that lead to the establishment of good
administrative and governance institutions. These components are key to the exercise of
sovereign powers and rights. The activities typically associated with self-determination
flow as logical outcomes out of the first priority conceptual components of the higher
ranking conceptual, operational and competency components of a degree focusing on
tribal administration.

Interviews with tribal leaders and employees and the survey results suggest that
applications from the theoretical base of the field of public administration further the
understanding of tribal governance. Community-based knowledge is critical to the
curriculum tailored to tribal governments. Only through such applications can
approaches to policy analysis be suggested for a large tribal nation, while a smaller tribe
with a concentrated population might choose to design a more centralized administrative
apparatus for delivering services. History suggests that it is necessary for tribes to
increase administrative capacity for the implementation of broad self-governing authority
as components of federal control mechanisms recede and federal responsibility
“devolves” to the local level. In this way, tribal nations achieve adaptive connections
between their self-governing regimes and their administrative structures.


9

I will just say a few words about the University of Arizona, and
then I’m going to introduce Dr. Begay to discuss the Native Na-
tions Institute.

The University of Arizona has a substantial and long history of
involvement with Indian country. It has taken a number of forms.
You are going to hear later this morning from the Indigenous Peo-
ples Law and Policy Program in the Rogers College of Law. There
also is an ambitious American Indian Studies Program at the uni-
versity, one of only two programs in the country that awards the
Ph.D. degree.

There is significant work at the university on language revital-
ization among Indian nations, and research at the College of Medi-
cine, College of Public Health on health problems in Indian coun-
try. There is a great deal going on.

One of the units of the university with a very strong commitment
to Indian country is the unit that I direct, the Udall Center for
Studies in Public Policy. In January of this year, the university, in
conjunction with the Morris K. Udall Foundation, established at
the Udall Center a Native Nations Institute for Leadership, Man-
agement and Policy, building directly on the research work that
Professor Kalt described just a few minutes ago, carried out by the
Harvard Project on American Indian Economic Development, and
this has become a focal point for our work with tribal governments
on development, self-determination, and self-governance issues. Dr.
Manley Begay is the director of the Native Nations Institute, and
he will tell you about that now.

Dr. Begay.

[Prepared statement of Mr. Cornell appears in appendix.]

The CHAIRMAN. Dr. Begay.

STATEMENT OF MANLEY BEGAY, DIRECTOR, NATIVE NATIONS
INSTITUTE FOR LEADERSHIP, MANAGEMENT, AND POLICY,
AND SENIOR LECTURER, AMERICAN INDIAN STUDIES PRO-
GRAM AT THE UNIVERSITY OF ARIZONA, AND CODIRECTOR,
HARVARD PROJECT ON AMERICAN INDIAN ECONOMIC DE-
VELOPMENT AT HARVARD UNIVERSITY

Mr. Beaay. Aloha, Senator

The CHAIRMAN. Yah te hey. [Laughter.]

Mr. Brcay. I am a citizen of the Navajo Nation, and I also re-
cently became a grandfather. It is interesting; you begin to think
about things quite differently, and you begin to think more of what
your grandmother has said to you many years ago. My grand-
mother is probably over 100 years old, and it is through her eyes
that I see the context within which Indian country is struggling.
She has seen the near-devastation of Indian country to the recent
political resurgence of Indian nations.

We are truly at this time in an age of nation-building, and I con-
sistently talk with my grandmother about this. She said, “It will
come about. Things will get better.” And things seem to be some-
what getting better, although there are a lot of struggles still in
our midst.

Fifteen years ago, you will recall, Joe Kalt, Steve Cornell, and I
began the Harvard Project on American Indian Economic Develo;
ment. We wanted to understand why some tribes are doing well


1

spectacular mild winters and hot summers. Tucson's attractions include the Arizona-
Sonora Desert Museum, the San Xavier Mission, a wide variety of restaurants, a
symphony, opera, chamber music series, a minor league baseball team and spring
training for the major leagues, as well as excellent golf, tennis, hiking, cycling, fishing
and other attractions. The region is also the home for many tribes that are within a few
hours drive from the University. Some of the tribes include the Gila River Nation, the
Pascua Yaqui Nation, the San Carlos Apache, the Tohono O'odham Nation, and the

White Mountain Apache

The unique beauty of the setting, along with its rich history and cultural diversity
through its Native American, Mexican, and Spanish multicultural heritage, have made
Tucson a near-ideal setting for research and graduate level study of indigenous

peoples’ law and policy.
Principal Criteria for Admission

All LL.M. candidates must be J.D. greduates of an ABA approved law school in
the United States, or possess the first law degree from a foreign law school approved
by the government or other accrediting authority in the nation in which it is located.
Candidates for whom English is not their first language must demonstrate fluency in
English (generally, TOEFL test scores of 600 or better are expected). The University of
Arizona offers excetlent short courses in English, which may be arranged at the
student's cost prior to enrolling if a student's TOEFL is under the required level.

Other factors given primary consideration in the admission process include:
1. academic record in achieving the first law degree;
2. recommendations of professors or employers;

3. evidence of interest and ability in the field of indigenous peoples’ law and policy,
including publications or relevant work experience;

4. evidence of a commitment after graduation to teaching at the law school level,
government service, or indigenous peoples’ law practice; and

5. for foreign students, whether there exists a formal relationship between The
University of Arizona and the university where the student received his or her first law

degree

The University of Arizona is an EEO/AA employer and does not untawfully
discriminate on the basis of race, color, religion, sex, national origin, age, disability,
Veteran's status, or sexual orientation in its admissions, employment and education

programs or activities.


Submission to the United States Senate Committee on
Indian Affairs oversight hearing into
Native American Program Initiatives at the College and
University Level
Thursday, June 21, 2001

The Master of Laws (LL.M.) Program in Indigenous Peoples Law and Policy
‘The University of Arizona, James E. Rogers College of Law

‘SUPPLEMENTAL MATERIALS FOR THE PUBLIC RECORD:

(3) Press Release by the Indian Law Resource Center regarding the
Nicaraguan case with Special Counsel, Professor S. James Anaya.

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5

velop a research report on real-world problems that are brought to

[AP in requests from tribes and Indian organizations. The re-
sults of these projects are widely disseminated throughout Indian
country in recognition of the fact that many Native leaders are
struggling with similar issues.

HUNAP also supports a growing number of outreach efforts that
address the vital needs of Native American communities. We are
currently hosting a group of Hopi high school students and teach-
ers from the Hopi Reservation in an effort to bolster their interest
in science, mathematics and engineering.

We are working with First Nations in Canada on the process of
comprehensive school reform in order to enhance the effectiveness
of teaching in their communities.

We are also involved in an effort to form a consortium of north-
eastern tribes to promote quality health care and education in their
communities.

Examples of current research efforts include the widely-utilized
work of the Harvard Project on American Indian Economic Devel-
opment that Professor Kalt will describe.

Finally, in the area of executive education, HUNAP has devel-
oped and provided programs to many tribes on matters ranging
from dispute resolution to constitutional reform to help policy and
business development.

I will now turn it over to Professor Kalt to describe our further
efforts in the Harvard Project on American Indian Economic Devel-
opment.

Mr. KaLt. Thank you, Ken.

Senator I codirect—along with Professor Steve Cornell and Dr.
Manley Begay from the University of Arizona—I codirect the Har-
vard Project on American Indian Economic Development. As you
might guess, it is a research project launched about 15 years ago.
We are best known for research findings which consistently dem-
onstrate that successes in Indian country, and really the only pol-
icy that has had a chance to work and is working, is the policy of
self-determination and self-governance. We stress that is founded
on the research findings; it’s not a hopeful thought on our part. We
think that’s what the evidence says. From that central research
finding—that is, the importance of self-governance and self-deter-
mination—comes our interaction with Indian country, and I would
like to briefly describe that.

We have a number of avenues in which we do projects. First,
over the last 1 dozen years or so we have done more than 200
projects for tribes in which, at the request of tribes, we put our-
selves, our staff, our graduate students on projects that have
ranged from judicial reform at Hualapai, land use at Cochiti, em-
ployment and retention of Apache graduates at Mescalero, a wide
range of projects. These 200 projects are in written form, and with
the permission of the client tribe or tribal organization, we then
distribute those back out through Indian country, and about 15,000
reports are now floating around Indian country, and they are found
all over tribal headquarters as tribal leaders all over the country
struggle with such issues as judicial reform, land use, education.

In addition to these field projects, we also have a major project
known as “Honoring Nations,” honoring contributions in the gov-


81

ee Sing npr inno ez eng i

bulldozer and other equipment that was being used to cut a logging road
through the jungie in the Columbia River Forest Reserve. The Maya
eventually learned that the government of Belize had awarded 17 logging
concessions on over 500,000 acres of land in the rain forest surrounding their
villages. The Toledo Maya Cultural Council, with assistance from the Indian
Law Resource Center's attomeys , initiated proceedings in the Supreme Court
of Belize late in 1997 challenging the government's authority to grant
‘concessions on Maya traditional lands, and filed the petition at the
Inter-American Commission when the Cour failed to take any action on the
case.

The Maya's efforts are beginning to work On October 12, 2000, Prime
Minister Said Musa signed an agreement affirming that the government of
Belize recognizes for the first time"... that the Maya People have rights to
lands and resources in southern Belize based on their long-standing use and
‘eccupancy.” This is an important step forward for the Maya, as it isthe first
time ~ despite years of advocacy and legal proceedings — that the government
has been willing to accede to even this symbolic recognition of indigenous
rights, The so-called Ten Points of Agreement also sets forth a framework for
discussions between the government and the Maya that could result in
concrete legislative and administrative measures to secure Maya lands and
resources: but only if the government has the political will to implement its
terms. The timing of the Commission's decision to consider of the merits of
the case is propitious, since its investigation is likely to be a powerful factor in
the mix,

Greg Ch’oc, chairman of the Ke’kchi Council of Belize, spoke on behalf of
the Maya leaders who negotiated the agreement on the day it was signed:

Itis our sincere hope that the agreement between the Maya and the
government will bring tangible benefits to all Belizeans, but at present
it is only words on paper. We must work together to make sure that
these words become reality, and that the 12" of October is forever
temembered in Belize for the events that have taken place today.

‘The stakes just got alot higher, Last summer the government announced that
AB Energy, a US-based oil company registered in the Virgin Islands, would
begin conducting exploratory drilling in areas claimed by the Maya. The
concession covers over 700,000 acres that includes indigenous lands as well as,
private holdings, national protected areas and the adjacent marine shelf. Oil
exploration experts now believe that there may be very valuable oil deposits
that lie in deep strata far below the early exploration wells that were dug in the
region.

‘The Maya are very concerned about the potential destructive impact that oil
activities will have on their culture and livelihood, and on the environment of
Belize The area covered by the concession is ecologically unique. It contains
the largest surviving highland deciduous forests in Central America Some of
finest mangrove forests anywhere lie along the coast, and the barrier reef is the
second longest in the world. in light of these risks, the Maya asked the Indian

wo 61172005 105 PA


92

WHY AN MPA DEGREE?

Federally recognized American Indian tribal nations present unique models of
governance to the field of public administration. The scope of the MPA/CAT program
encompasses both the history and the substance of the operational governance systems of
tribal nations—the basics of how to run a government. The MPA degree is the degree of
choice for professional practitioners in federal and state government agencies and other
public sector leaders. However, no other MPA degree program in a US College or
university has been designed and implemented specifically to speak to the concems of
tribal governments in the core of its curriculum.

‘Today, tribal governments face ever-increasing demands arising frem the complexity of
intergovernmental relations, the need to develop strategies for sustainable communities,
and pressures from population growth. They need to develop a variety of administrative
capacities ranging from the development of codes and legislation to grant-writing and the
implementation of a large body of public laws such as the National Environmental Policy
Act, that directly affect tribal nations.

The history of higher education in the United States demonstrates an ongoing failure to
engage with the needs of tribal nations and their communities up until the time that tribal
education leaders took control of education systems. This failure continues to be true in
the area of professional education in public administration and governance. The early
years of US education policy resulted in the imposition of non-Indian ideas and
requirements and. too many cases, the forced separation of children (students) from their
families. The historic goals of this educational policy were forced assimilation through
the removal of traditions and cultures and, eventually, the removal of whole communities
away from their homes and surroundings. Even today. degree programs in higher
education still leave the development of capacities and competencies for tribal
government in a complete vacuum. Much of what is provided in professional education
and training ignores tribal governments or portrays them in inaccurate and inappropriate
ways. Such a misinformation is damaging to the proper conduct of government to
government relations and to the collaboration so vitally a part of carrying out the business
of government in the contemporary world of public affairs. | What educational has
broken it is now time for education to fix.

Tribal governance takes place in the context of federal, state and local government. The
concept of governance extends the curriculum to community-managed political and
economic structures such as non-profit organizations and tribally managed enterprises.
Such an MPA track reaches out to the community to create educational access for
underserved populations. [t adds diversity and new leaming communities with the
potential to collaborate in successful policy-making processes and operations and in
government to government relations. Such an educational forum for degree-bound tribal
members, officials and agency liaisons has never existed before.


Submission to the United States Senate Committee on
Indian Affairs oversight hearing into
Native American Program Initiatives at the College and
University Level
Thursday, June 21, 2001

The Master of Laws (LL.M.) Program in Indigenous Peoples Law and Policy
The University of Arizona, James E. Rogers College of Law

‘SUPPLEMENTAL MATERIALS FOR THE PUBLIC RECORD:

(1) Indigenous Peoples Law and Policy LL.M. Information Brochure,

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The LI Indigenous Law Clinic

Thank you. The College of Law has developed a national and international
reputation as a ieader in clinical !egal education for law students interested in the
field of indigenous peoples' rights. For the past two decades, The University of
Arizona's Indigenous Law Clinic at the James E. Rogers College of Law has
provided specialized, faculty-supervised law clinical training to its J.D. degree law
students in on-reservation tribal court and tribal government placements. Clinic
students have been directly invoived in providing legal representation before
courts, legislatures and international human rights bodies, legislative drafting

assistance, and litigation and policy research support to indigenous peoples and
communities,

Their human rights and legal advocacy work in the Clinic has taken them to
indigenous communities on the Atlantic coast of Nicaragua, to the Rio Yaqui and
Mexican O'odham indigenous communities in Mexico, to the United Nations
Human Rights Commission in Geneva, Switzerland, to the Navajo Supreme
Court, to the White Mountain Apache Tribal Attorney's Office as well as
numerous Indian reservations in the American Southwest and Arizona Indian
Country.

Students enrolled in the Indigenous Peoples Law and Policy LL.M. Program will
participate in a specially designed graduate LL.M. clinical placement program
similar to the J.D. model, the LL.M. Indigenous Law Clinic. The LL.M. Clinic will
provide faculty-supervised placements to LL.M. students in tribal courts and tribal
governments and with United Nations-recognized indigenous human rights

organizations (N.G.O.s) like the indian Law Resource Center in Helena,
Montana.

The Indigenous Peopies Law and Policy page 3
‘The University of Arizona James E. Rogers College of Law


18

So we went ahead and wrote a proposal, and the State legisla-
ture funded the Northwest Indian Applied Research Institute 2
years ago, with the support of the tribal leaders in western Wash-
ington.

They founded the Northwest Indian Applied Research Institute
in order to do just what Joe was saying, in order to create an insti-
tute that would work on the issues that are confronting the people,
bring together Native students and their desire to learn and to be
of service to their tribes, with the issues and the problems.

So in the past 12 years, since we've actually gotten started, we
have been able to generate a series of research reports similar to
what the Harvard school has done, except probably more focused
just on those northwest tribal issues. We just issued a report with
one of Linda’s students on comanagement of fishery resources,
which as you know is a very important issue with the tribes.

Another team of the students who are in the MPA program at
Evergreen worked with us to produce a report on implementation
of welfare reform in western Washington, and we looked at it as
a very groundbreaking agreement that had been developed between
the State and the tribes, so that the services of “work first” and
other services associated with welfare reform can be delivered by
the tribes themselves rather than by the State of Washington.

So these are some of the issues that we have been able to put
students to work on. We also have created a web page, and on that
web page other Native students in our masters and teaching pro-
gram have created a whole array of curriculum that is offered di-
rectly to teachers in high schools in Washington State—not just to
schools where there are Native students, but most particularly to
schools where there are non-Native students, so those non-Native
teachers can teach the non-Native students about western Wash-
ington Indian tribes. So we will graduate a whole generation of
people coming out of the public schools in Washington State who
will know about the tribes, who will know about the history, know
about the current issues, know about the contributions that they
have made.

So we are very pleased to come before you and give you a report
on our work. We were very excited about the possibility of working
and collaborating with other colleagues from around and, with your
leadership, creating a sorely-needed American Indian University, a
university without walls that can allow us to work together under
a technological connection. Today’s information and telecommuni-
cations technology make it possible for us to share the expertise
that we might have at Evergreen with University of Arizona, and
to share curriculum that they might develop at their indigenous
law program, or at Harvard, or at Portland State. I think that that
technology will make it possible for us to overcome the barriers of
distance and geography and other resource limits.

But I don’t think this will happen by itself. It will take leader-
ship, and we look forward to working with you, Senator, and thank
you again for the opportunity to testify.

[Pprepared statement of Mr. Parker appears in appendix.]

The CHAIRMAN. I am fascinated by your baccalaureate program
that you provide through satellites. How do you conduct those
classes? By telecommunication?


47

Begay and Cornell, Statement, Senate Committee on Indian Affairs, 6-21-01 4

The Morris K. Udall Foundation for Scholarship and Excellence in National
Environmental Policy is an executive branch federal agency established by Congress in
1992 to honor Morris Udall’s thirty years of service in the U.S. House of Representatives.
The Foundation’s activities echo Udall’s concerns: the environment, Native American
policy, and public policy conflict resolution. Its activities are supported by the interest
accrued in a federal trust fund and by private sector contributions. The Foundation
sponsors conferences, provides scholarships to students working on Native American
policy topics, and runs the Native American Congressional Summer Internship program.
The Foundation is committed to finding effective ways of supporting the educational and
policy needs of Indian leadership.

NNI builds directly on fifteen years of research and education by the Harvard Project on
American Indian Economic Development. Founded in 1987 at the John F. Kennedy
School of Government at Harvard University, this is the most comprehensive effort ever
undertaken to understand the sources and dynamics of economic and political success on
American Indian reservations. Over the last decade, the Harvard Project has provided
extensive applied research, pro bono consulting services, and management and leadership
training to well over 100 American Indian tribes and Canadian First Nations, To date, its
research program has produced the largest existing body of policy-relevant material of
practical use to tribal leaders and managers and has completed more than 200 policy
projects in response to requests from Indian nations and organizations. The Harvard
Project and NNI share objectives and some staff and work closely together on numerous
projects. Harvard Project research forms the intellectual foundation of NNI’s educational
programs.

Program Components
1. Leadership and Management Programs

NNI’s leadership and management programs provide present and future indigenous
leaders with customized, research-based education designed to respond directly to the
demands of nation-building. These programs include:

© Executive education for senior Native leaders and managers through one-day to
one-week-long, intensive sessions;

o Development of case-based curricular materials in governance and economic and
community development for use by tribal colleges and other institutions;

© Leadership and entrepreneurship training for Native youth.

NNI’s executive education programs are modeled on the kinds of executive education
readily available to new members of Congress, Fortune 500 corporate executives, state
legislators, and others through the nation’s leading business and policy schools. The
difference: NNI’s executive education sessions are specifically designed to address the
issues that Native leadership faces, and the content is grounded in the most extensive
research on governance and development ever carried out in Indian Country.


51
Begay and Comell, Statement, Senate Committee on Indian Affairs, 6-21-01 8

Organization and Senior Staff

The Native Nations Institute is part of the Udall Center for Studies in Public Policy, a
research and outreach unit of The University of Arizona, organized under the Vice
Presidency for Research and Graduate Studies.

The activities of NNI proceed in frequent consultation with an Intemational Advisory
Council composed of 23 Native leaders, professionals, educators, and tribal citizens from
the United States and Canada. A list of Council members is included at the end of this
document.

NNI senior staff include:

Manley A. Begay, Jr., Ed.D. (Navajo), Director
Joan Timeche, MBA (Hopi), Assistant Director
Miriam Jorgensen, Ph.D., Senior Policy Scholar
Stephen Cornell, Ph.D., Director, Udall Center for Studies in Public Policy

Funding

Start-up funding for NNI has come from the Ford Foundation, The University of Arizona,
the Morris K. Udall Foundation, and other sources. Some funds also come from
contracts for policy research and tuition for educational programs. NNI is currently
involved in a major effort to raise additional funds.


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Historic Agreement in Belize

For Immediate Release Contact: Deborah Schaaf (406) 449-2006

INTER-AMERICAN COMMISSION ON HUMAN
RIGHTS WILL DECIDE INDIAN LAND RIGHTS
CASE AGAINST BELIZE

October 25, 2000

WASHINGTON, D.C. - In a major battle to stop logging and oil development
1m southern Belize, Maya Indians have won a preliminary ruling in their human
rights case against the government of Belize, The Inter-American Commission
‘on Human Rights, on October 20, 2000, issued a report announcing that it will
consider the merits of the complaint that indigenous Maya communities filed
alleging that the government has violated their human rights by failing to
recognize their rights to their traditional lands and by granting logging and oil
development concessions on those lands. The Commission ruled at its session
this month that the Case of the Maya indigenous communities and their
members against Belize is admissible and that the Maya have alleged facts that,
af proven, constitute violations of Belize’s obligation to protect human rights,

‘The Mopan and Ke’kchi Maya are indian peoples who have inhabited the
southern regton of what ts now Belize for hundreds of years ~ long before
European settlement, Some 15,000 Maya people live in villages throughout
this tropical forest area. Traditionally, the Maya are subsistence farmers, but
they also cultivate small cash crops such as corn, rice and beans. Their
economic and cultural survival 1s entirely dependent upon the land and its
resources, but the Maya's rights to their traditional lands have never been
recognized or protected by Belize law

‘The Toledo Maya Cultural Council. a non-governmental organization that
septesents the Maya in southern Belize, filed the petition with the
Inter-American Commission in 1998. The petition asserts Maya land rights.
accuses the government of illegally granting logging and oil concessions on
Maya ancesteal lands. and calls for the demarcation and protection of the
Maya's terntory The case was submitted by the Indian Law Resource Center,
an indigenous rishts law firm based in Helena, Montana

‘The Maya's struggle with the government of Belize over land erupted in
1995, when a Maya farmer on his way to his com plantation came upon

172001 1055 PH


13

STATEMENT OF TONI M. MASSARO, DEAN AND MILTON O.
REIPE CHAIR IN CONSTITUTIONAL LAW, UNIVERSITY OF AR-
IZONA JAMES E. ROGERS COLLEGE OF LAW, TUCSON, AZ

Ms. Massaro. Thank you, Chairman Inouye and Ms. Zell. We
are very proud to be here today, invited to testify. It took two of
us, as well, to talk about the things going on at the College of Law,
but I want to echo what Steve has already said about the commit-
ment of the University of Arizona to these issues. Dr. Lykens and
Nan Stockholm Walden, who is here with us today, represent but
the tip of the iceberg of all the programs that have devoted them-
selves to indigenous people’s issues on campus, and I think it is im-
portant for you to know that the entire university is behind us as
we testify here today.

I am going to introduce first James Hopkins. He is the clinical
director of our brand-new post-J.D. LL.M. program in Indigenous
Peoples Law and Policy, and he will be followed by Professor Jim
Anaya, who is the co-faculty chair of the Indigenous Peoples Law
and Policy Program at the James E. Rogers College of Law in Tuc-
son.

dames.

STATEMENT OF JAMES HOPKINS, ASSOCIATE CLINICAL PRO-
FESSOR OF LAW AND DIRECTOR, LL.M. IN INDIGENOUS PEO-
PLES LAW AND POLICY, UNIVERSITY OF ARIZONA JAMES E.
ROGERS COLLEGE OF LAW, TUCSON, AZ

Mr. Hopkins. Thank you.

Senator it is a great honor to be here.

The legal, economic, and social policy issues that face indigenous
peoples globally represent some of the most important challenges
of the 21st century. In the United States, Canada, Latin America,
and around the world, indigenous peoples confront a wide variety
of legal challenges, urge changes in national laws and legislation,
and rely on international legal principles to achieve protection of
their cultural resources, autonomy in heritage, and sustainable eco-
nomic and community development.

These challenges present an array of complex and entirely new
issues and concerns for Native and non-Native lawyers, businesses,
governments, and other decisionmakers involved in indigenous peo-
ple’s law and policy.

To meet the challenges, the James E. Rogers College of Law at
the University of Arizona is offering a Master of Laws program in
Indigenous Peoples Law and Policy beginning in June July 2001.
Graduate law students from the United States and around the
world will come to Tucson for a specialized program of study de-
signed to produce a generation of highly-trained lawyers, policy-
makers, and legal academics who understand and are prepared to
address the unique legal problems and challenges in this most im-
portant field.

The creation of the LL.M. program permits the College of Law
to enhance and strengthen its already-impressive list of course of-
ferings in the field of indigenous law and policy.

With respect to clinical education, the LL.M. program will ex-
pand the centerpiece to our hands-on training in indigenous law
and policy, the LL.M. Indigenous Law Clinic. My colleague and co-


55

PART 1 - TESTIMONY OF PROFESSOR JAMES HOPKINS

Addressing the Legal Issues of Indigenous Peoples in the 21% Century:

Thank you, and it is a great honor to be here. The legal, economic and social
policy issues that face indigenous peoples globally represent some of the most
important challenges of the 21% Century. In the United States, Canada, Latin
America and around the world, indigenous peoples confront a wide variety of
legal challenges, urge changes in national laws and legislation, and rely on
international legal principles to achieve protection of their cultural resources,
autonomy and heritage, and sustainable economic and community development.
These challenges present an array of complex and entirely new issues and
concerns for Native and non-Native lawyers, businesses, governments, and
other decision-makers involved in indigenous peoples’ law and policy.

To meet the challenges, the James E. Rogers College of Law at the University of
Arizona is offering a Master of Laws (LL.M.). in Indigenous Peoples Law and
Policy beginning in July 2001. Graduate law students from the United States and
around the world will come to Tucson for a specialized program of study
designed to produce a generation of highly trained iawyers, policymakers, and
legal academics who understand and are prepared to address the unique legal
problems and challenges to this important field.

The creation of the LL.M. program permits the College of Law to strengthen its
already impressive list of course offerings in the field of indigenous peoples law
and policy. With respect to clinical education, the LL.M. program will expand the
centerpiece to our hands on training in indigenous law and policy: the LL.M.
Indigenous Law Clinic. My colleague, Professor Anaya will address the
important work of the Clinic.

PART Il - TESTIMONY OF PROFESSOR S. JAMES ANAYA

The indigenous Peoples Law and Policy page 2
The University of Arizona James E. Rogers College of Law


Ms. Furse, welcome back.

STATEMENT OF ELIZABETH FURSE, DIRECTOR, THE INSTI-
TUTE OF TRIBAL GOVERNMENT, PORTLAND STATE UNIVER-
SITY, PORTLAND, OR, AND FORMER MEMBER OF CONGRESS,
FIRST DISTRICT, STATE OF OREGON

Ms. Furse. Thank you so much, Senator. I have written remarks
which I have given you and hope you could introduce them into the
record for me. I will just make some brief remarks.

The CHAIRMAN. Your statement will be made part of the record.

Ms. Furse. Thank you so much.

Senator the Institute for Tribal Government is located at the
Mark O. Hatfield School of Government at Portland State Univer-
sity. It is governed by a Tribal Advisory Board, and that board in-
cludes Senator Hatfield, and is made up of tribal chairmen and
chairwomen and the executive directors of national and regional
tribal organizations. It is a policymaking board, not just advisory.

While there are 500 Indian tribes in this country, there is really
no institute which is devoted to tribal elected leader training and
capacity-building, and that is what the Institute of Tribal Govern-
ment does.

The Institute was put together to serve elected tribal officials.
We have a core curriculum, which consists of a 3-day seminar, with
1% days devoted to Federal Indian law, one-half a day devoted to
how bills go through Congress, the legislative process, and then the
following day, the third day, is tribal State relations and giving a
lot of opportunity for tribal elected officials to have questions and
discuss among themselves the learning that is going on.

We also have another very important project, which is the Archi-
val Leadership Project. Our Board directed us to put this in as a
priority. It is to tape, on videotape, and through interviews with
professional interviewers, tribal leaders around the country whose
story is that of leadership, how they did what they did over the
years, and how in fact we can use those stories and those experi-
ences to train other up- and-coming tribal leaders.

We will be doing six of those interviews, Senator, this year, and
that is through a grant from the Grand Ronde Tribe’s Foundation,
and we hope to increase that and do more of those. In fact, yester-
day I had a meeting with the Discovery Channel; they are very in-
terested in this as a possibility of training and leadership education
around the country. The Oregon Historical Society will maintain
this archival research.

As a Member of Congress and with 30 years’ experience working
with tribal governments, I have been incredibly impressed by the
leadership capabilities and the experience which tribal govern-
ments bring. But I think there has been a tendency to sometimes
hire outside consultants who perhaps are not always the very best
spokespeople for those tribes.

So when I was first elected to Congress, I went to the Kennedy
School, as all new Members of Congress do, and I thought at the
time what a wonderful experience that might be for tribal ieaders
themselves, to have an opportunity to come together to learn about
what these new duties were. So after I left the Congress I went—
last year I had a meeting with Senator Hatfield and great tribal


12

Principal Course Offerings

LLM. students will have an opportunity to take a large number of courses
offered at the College of Law and or other Graduate and Professional school programs
at The University of Arizona. College of Law courses and seminars currently available
or planned that are likely to be of particular interest to LL.M. candidates include:

Course Credits
Critical Race and Post-Colonial Theory (3)
Environmental Justice (3)
Environmental Law 3)
European Union Law & NAFTA @)
Federal Indian Law | (3)
Federal Indian Law I (3)
Globalization and Preservation/Transformation of Culture (3)
Immigration Law (3)
Indigenous Human Rights Advocacy Workshop @)
Intellectual Property @)
Intemational and Comparative Law on Indigenous Peoples (3)
Intemational Commercial Transactions @)
International Environmental Law 3)
Intemational Human Rights Advocacy Workshop (3)
Intemational Human Rights Law @)
International Investment and Technology Transfer (2)
international Trade Law (3)
Introduction to the U.S. Legal System (2)
Multinational Transactions (3)
Public International Law (3)
Indigenous Law and Policy Clinic (6-4-2)

For most LL.M. students their studies will likely involve these courses from the
core curriculum of the Program:

Federal Indian Law | explores the basic principles and doctrines of governing the legal
and political relationship between the United States and Indian tribes, the history of
federal Indian law and policy, tribal property rights and sovereignty, congressional
plenary power, the trust doctrine, jurisdiction in Indian country, and tribal government
(Professor Williams).

Federal Indian Law I! builds on the theoretical and substantive aspects of the legal
and political relationship between the United States and Indian tribes developed in
Federal Indian Law |. Topics include: tribal courts and lawmaking; natural resource
development and management in Indian Country; environmental regulation of Indian
lands; protection of Indian religious and cultural property; water rights; fishing, hunting


27

candidates and guide this project. This effort promises to become an invaluable historical
record of leadership involving tribal leaders from across the country.

Funding

Funding for the Institute has been provided by a combination of tribes, private
foundations, the U.S. Department of Education, the Administration for Native
Americans, and the Bonneville Power Administration. In addition to basic institutional
and programmatic support we have secured funding from the Administration for Native
Americans for scholarships in years 2001-2002. These monies are being used on a case-
by-case basis and will help defray the costs for tribes participating in the course. Tribal
tuition will pay for instructors, course materials and related expenses. Tuition is being
determined on an individual tribal basis.

For the Tribal Leadership Archive program, the Spirit Mountain Foundation has
contributed a start up challenge grant. Future fund-raising efforts will be aimed at
providing sufficient funds to conduct approximately 12 video-recorded interviews per
year.

What we have planned for this year
After several months of planning last year, we formally launched the Institute in early
April of this year and were honored to offer our first class to the Confederated Tribes of
the Grand Ronde in mid-April.

To date, we have scheduled the following additional classes for the 2001 year: the Navajo
Nation in July; a joint session with several Columbia River basin tribes in early August;
the Confederated Tribes of the Warm Springs of Oregon in lateAugust; the Alaska Inter-
tribal Council in October in Anchorage, and the Coeur d’ Alene Tribe of Idaho in
November.

Additionally, we have commitments for classes from several more tribes before the end
of the year and are working on scheduling with them for classes during July, November
and December. Last but not least, we will be offering training to the employees of the
Bonneville Power Administration, an agency that has been increasingly involved with the
13 Columbia River basin tribes in issues ranging from salmon and wildlife restoration
efforts, to treaty Indian fishing rights, cultural resources, and energy development.

The Future

The Institute will operate year-round and will be offering approximately one class per
month over the course of the next 3 years. We have received tremendous interest in the
program from tribes, and anticipate that our schedule will be busy indeed. What makes
us unique is that the tribes design their own programs and each is different—depending
on tribal needs and interests. We offer customized programs. | believe that this
experience and contact with tribal leaders will lead to new insights about the needs of
tribes. | look forward to sharing these insights with you over the coming years.


10

A specialist in political economy and cultural sociology, Dr. Comell taught at Harvard
University for nine years before moving to The University of California, San Diego in
1989 and The University of Arizona in 1998. He has written widely on Indian affairs,
economic development, collective identity, and ethnic and race relations. Among his
publications are The Return of the Native: American Indian Political Resurgence, What
Can Tribes Do? Strategies and Institutions in American Indian Economic Development
(co-edited with Joseph P. Kalt), and Ethnicity and Race: Making Identities in a Changing
World (co-authored with Douglas Hartmann).

Dr. Manley A. Begay, Jr., Director of the Native Nations Program at the Udalt
Center for Studies in Public Policy, Senior Lecturer in the American Indian Studies
Program at The University of Arizona. B.A, 1977, University of Arizona; M. ED., 1983,
ED. SPEC., 1985, Brigham Young University; M. ED, 1989, ED. D, 1997, Harvard
University. Dr. Begay teaches courses on nation-building, curriculum development,
and indigenous education. He is also co director of the Harvard Project on American
Indian Economic Development (HPAIED) at the John F. Kennedy School of
Government, Harvard University. Dr. Begay serves as a member of the Aboriginal
Program Advisory Committee, Aboriginal Leadership and Self-Govemment Program,
The Banff Center for Management, Banff, Alberta, Canada; the National Advisory
Board for the Alfonso Ortiz Center for Intercultural Studies, Department of Anthropology
and the Maxwell Museum of Anthropology, University of New Mexico; and the Board of
Directors, The Medical Foundation of Boston.

Tom Holm, Professor in American Indian Studies. He has been affiliated with The
University Arizona since 1980 and played an important leadership role in the growth
and development of AIS for the past 18 years, Holm's most recent book, Strong Hearts,
Wounded Souls: Native American Veterans of the Vietnam War (U of Texas Press) was
nominated for the Victor Tumer Prize in ethnographic writing in Canada. The
Militarization of Native America: Historical Process and Cultural Perception was
published by the Social Science Journal. Holm has 4 forthcoming works focusing on
Indian veterans, Robert K. Thomas and Cherokee history, treaties and Native
Americans, and U.S. Military relations. New book plans include Native American
Warfare, and a second book on the Cherokee native and politics (1690-1866). His
outreach work has focused on recruiting Indian students at over a dozen reservations
across the country; he received the Outstanding Native American Faculty Award in
1997

Richard Hughes, partner, Rothstein, Donatellie, Hughes, Dahlstrom, Schoenburg
& Enfield, LLP. B.A. 1967, University of Virginia; LL.B. 1971, Yale University. Richard
is a senior partner who practices extensively in the areas of Indian Law and Civil
Litigation. He has specialized experience in the field of Pueblo Indian land rights and
has played a leading role in litigation, legislation and negotiations in the complex area
of Indian gaming in New Mexico. Richard is also a member of the Advisory Board to
the indigenous Peoples Law and Policy Program


Summary

The University of Arizona in Tucson, in the heart of the American Southwest and
Arizona Indian Country, is widely recognized as one of the world's leading academic
centers of learning for the study of indigenous peoples’ cultures, histories, languages,
laws and human rights. The James E. Rogers College of Law at The University of
Arizona has played a major part in developing this leadership role over the past two
decades. With the strengths of The University of Arizona in the field of indigenous
peoples’ studies, the James E. Rogers College of Law, working closely with indigenous
peoples, their teaders and their communities, believes strongly that now is the time to
inaugurate a new interdisciplinary Master of Laws (LL.M.) Program in Indigenous
Peoples Law and Policy, beginning August of 2001.” The indigenous Peoples Law and
Policy LL.M. Program, located in the newly remodeled Rogers Rountree Hall on the
College of Law campus, will offer a one-year program of study leading toward the
Master of Laws degree. The advanced degree LLM. program is designed to prepare
lawyers for meeting the unique and difficult set of challenges and problems confronting
international and domestic law reform and policymaking in the field of indigenous
peoples’ rights in the 21 Century.

The purpose of the Master of Laws Program in Indigenous Peoples Law and
Policy is twofold. First, the LL.M. program will educate a carefully selected group of
graduate law students from the United States and foreign countries on the most
important legal and policy issues confranting lawyers in the field of indigenous peoples’
rights, with particular emphasis on indigenous peoples in the United States, Canada,
Australia, New Zealand and Latin America. Second, the LL.M. program will strive to
promote a deeper, critical, and global understanding of the challenges and problems
confronting lawyers and policymakers in the field of indigenous peoples’ rights.

“ABA Acquiescence Pending


20

munities and qualify for the top jobs, like economic development di-
rector, which are often now filled from the outside.

The second part is, why an MPA degree? Well, federally-recog-
nized American Indian tribal nations represent unique models of
governance to the field of public administration. The public admin-
istration and public policy kinds of degrees involve the basics of
how to run a government. The MPA degree is the degree of choice
for professional practitioners, and today we have Michael Brintnall
out in the audience, and who directs NASPAA, the national accred-
iting institution for public administration degrees. He has worked
with us to consider national standards, to assure that this be an
important component of all MPA degrees, and encourage other
States to begin this work.

The history of higher education in the United States dem-
onstrates an ongoing failure to engage with the needs of tribal na-
tions and their communities. This failure continues to be particu-
larly true in the area of professional education in public adminis-
tration, policy, and governance.

Tribal governance takes place in the context of Federal, State,
and local government. The concept of governance extends the cur-
riculum to community-managed political-economic structures, such
as nonprofit organizations, which are also an important part of the
studies today.

We work to engage the concerns and issues of tribal nations. As
doe de la Cruz worked with Alan to establish the Northwest Indian
Applied Research Center, Joe never quit. He always had somethin
else for us to do; as soon as that was established, he said, “Well,
you need an MPA degree, so get to work on that.” He worked with
us through a whole series of conferences and surveys and inter-
views to try to develop a program that was founded in research on
applied sovereignty, to affirm the very essential step in nation-
building, the legitimization of the structures of government.

These interviews with tribal leaders did support this program,
and we got it all the way through the Higher Education Board and
through the Governor's office to the legislature, and we are now
funded at 50 percent.
hb Let me move to the end because I know that time is of concern

ere.

We are meeting to explore and create new curriculum, and we
need the research to focus on developing alternatives to the com-
plex political problems that tribes have to work with today. This
program is working in close collaboration with Portland State Uni-
versity because they have a very advanced program in interactive
technology, using interactive television. We hope to work with them
and share the benefits more broadly that way.

By providing a vehicle for gathering knowledge to make informed
choices, this curriculum begs the question of how Federal policy
interacts with tribal responses. Patterns of internally-drive adapta-
tion become evident in the interweaving of the Federal thread with
the unique histories, cultures, and politics of tribal nations creates
a tapestry of policy that is colored by Federal policy, but brocaded
with tribal uniqueness. And I agree with the other colleagues who
spoke earlier; I think these really are models that have important
international impacts for indigenous people around the world.


the education of Native youth while recognizing desires for self-determination
by First Nations. The Comprehensive Indian Resources for Community and
Law Enforcement project is supported by the US Department of Justice and
entails evaluation of integrated federal funding for tribal justice programs and
related comprehensive program planning by Indian nations. Working with the
Kennedy School's Carr Center on Human Rights, HUNAP is engaged in case-
based research into intergovernmental dispute resolution involving Indian
nations and neighboring counties, cities, and states. Research results will
serve as inputs to conflict resolution efforts underway in Idaho between the
Nez Perce Tribe and its neighboring government entities.

Executive Education. HUNAP sees nation building in Indian America as the
pressing challenge for Native leaders and decision makers. In perhaps the
typical case, however, leaders and decision makers have little opportunity to
avail themselves of the kinds of mid-career education that corporate and
government leaders can so readily access. At the same time, the issues and
decisions confronted in Indian Country span the range from business to
government to nonprofit policy. HUNAP thus sees a critical need in the area of
executive education.

With HUNAP’s integrating focus on nation building, the Program is
uniquely situated — and in much demand - as a provider of high quality
executive education for Indian Country. HUNAP has already developed and
provided programs on matters ranging from dispute resolution and
constitutional reform to health policy and business development. Tribes and
other organizations that have been provided with executive education
programs have included the Navajo Nation, the Crow Tribe of Montana, the
Oglala Sioux Tribe, the Fort Peck Assiniboine and Sioux Tribes, the

‘Statement of Dr. Kenneth Pepion and Prof. Joseph P. Kalt
Harvard University Native American Program


57

LL.M. clinical students are going to be working on major indigenous human rights
cases before bodies like the Organization of American States Inter-American
Human Rights Commission and the Inter-American Court. They will do applied
research on projects undertaken by College of Law faculty members at the
request of indigenous communities and organizations. The will help represent
Clinic clients throughout the United Nations human rights system. They can
conduct faculty-supervised legal and policy research on major issues in the field
of indigenous peoples !aw and policy for LL.M. Program-sponsored scholarly
publications and community and professional legal education seminars,
conferences and workshops.

This will undoubtedly be one of the most important and valuable educational
experiences for students in the LL.M. program. Recent Indigenous Law Clinic
projects have included:

(A) The Mayan People of Belize: in conjunction with the Indian Law
Resource Center students in the Indigenous Law Clinic were able to participate
in a case that affected the lives of 15,000 Maya people living in the tropical
rainforests of Belize. The issue before the Inter-American Commission on
Human Rights concerns the allegation that logging and oil developments have
been carried out in violation of traditional Mayan tand rights and has
consequently violated their human rights in accordance with the international
obligations undertaken by the Belize government and on principles of
international law. On October 20, 2000, the Inter-American Commission on
Human Rights delivered a preliminary ruling in favor of the Maya in that the
alleged facts, if proven, constitute a violation of Belize’s obligation to protect
human rights.

(B) The Awas Tingni People of Nicaraqua: in another joint project with the
Indian Law Resource Center students in the Indigenous Law Clinic had the
opportunity to assist on a ground breaking case before the Inter-American Court

The indigenous Peoples Law and Policy page 4
The University of Anzona James E. Rogers College of Law


APPENDIX

ADDITIONAL MATERIAL SUBMITTED FOR THE RECORD

PREPARED STATEMENT OF HON. BEN NIGHTHORSE CAMPBELL, U.S. SENATOR FROM
COLORADO, VICE CHAIRMAN, COMMITTEE ON INDIAN AFFAIRS

Thank you Mr. Chairman. Good morning and I welcome our witnesses and thank
them for joining us today.

Mr. Chairman I want to thank you for holding this pearing because I believe that
we in Congress as well as Tribal Leadership benefit from the kind of intensive re-
search and scholarship that Native American programs carryout in many univer-
sities and colleges around the country.

The skills that are necessary for success in today’s world are the same in and out
of Indian country: Leadership, governance, and management expertise to name a
few.

T want to single out one of the programs—the Harvard Project on Indian Eco-
nomic Development—for what I think is the most cutting edge and pragmatic re-
search regarding the connection between “Good Governance” and Indian develop-
ment.

With the advent of the Indian Self Determination and Education Assistance Act
in 1975 Indian tribes began to “stand in the shoes” of the United States and devel-
oping and implementing services formerly provided by the Federal Government.

Tribal Self Governance and “638” Contracting involve tribes managing Federal re-
sources and great strides are being made with nearly one-half of all BIA and IHS
programs and services carried out by tribes under contract with the Federal Govern-
ment.

The experience of the past 25 years has shown that service quality has improved
and tribal administrative capacity has been enhanced.

T envision a day when tribes take the next step and generate and manage tribal
resources. That to me is real Indian Self Determination. Our witnesses today will
help shed light on their research which I think will help Tribes continue to make
the strides they are making.

‘Thank you Mr. Chairman.


90

the College’s Native American Programs publication for more detailed information on this,
exemplary program.

The Longhouse Education and Culture Center

This philosophy of designing academic programs to be relevant to particular tribal communities
was continued when the College designed and built a new classroom and meeting facility on its
Campus in 1995, Instead of creating simply another standard classroom building. the College
responded to tribal aspirations by creating a unique facility that followed coastal Indian
traditional designs for a “Longhouse”. The Longhouse Education and Culture Center is authentic
in style, structure and function to serve as a coastal Indian Longhouse as well as an attractive
classroom and meeting facility. Since its opening in 1995, the Longhouse has served not only as
a classroom for Native Studies but also as a House of Welcome to native people from throughout
the area who feel comfortable and at home on this campus for all manner of cultural and
educational events. Next week, the Longhouse is hosting a week long cultural event, a
“Gathering” of indigenous artists of the Pacific Rim who will share their music, the stories and
their art. This is simply the latest in an ongoing series of events and programs designed for and
by native people, No other College or University in the US can boast of a facility the compare to
Evergreen’s Longhouse and the role that it plays in fulfilling the mission of service to native
communities.

‘The Northwest Indian Applied Research Institute

Following the construction and opening of the Longhouse, the College decided that a research
institute that could enable faculty and administration to provide relevant and timely academic
programs for its students keyed around current tribal issues, In addition, tribal officials had
requested that the College make available the resources and expertise from within the College to
tribal communities to provide assistance in subject areas such as governance, natural resource
management and economic studies. Attached to this statement please find a report that
summarizes the activities and research agenda of the Northwest Indian Applied Research
Institute. We believe that this track record does demonstrate the validity of the idea that an.
institute of higher learning is uniquely equipped to serve communities that send their members to
the College the critical thinking skills and expertise associated with a College education. The
most valuable work that we have accomplished over the past two years has been work of
Evergreen College students, native and non-native, graduate and undergraduate. Under the
supervision of Institute staff, the students have conducted studies and published reports that have
been very helpful to tribal officials in their everyday work and on special projects. We urge you
to review this report and the Institute's web page, www.niari evergreen.edu, and we would be
pleased to answer any questions you may have about particular projects.

Summary

Mr. Chairman, it is a great privilege to be invited to appear before you und your Committee to
discuss exemplary Native American Programs in higher education, We certainly believe that our
work at The Evergreen State College should stand as an example for other Colleges and
Universities that are located in Indian Country. For too long adininistrators in the field of higher
education have confined themselves to the ivory tower of academia, We at Evergreen believe
that we have a special duty to serve the community and that in serving the community we serve
‘our students. We hope our example of community service may be helpful in this regard


44

thinking and policy, effective leadership and management, and the
construction of productive relationships with other governments and
constituencies. With the University of Arizona's institutional commitment,
extensive Native and non-Native faculty focused on Indian issues, and
locational advantages vis-a-vis Indian Country, the Native Nations Institute
provides the Harvard Project with a strategic mechanism for maximizing the
ability of the Project to provide research results to Native leaders, managers,
and decision makers. We believe pursuing such a goal is a proper role for
Harvard University.

‘Statement of Dr. Kenneth Pepion and Prof. Joseph P. Kalt
Harvard University Native American Program


85

sas Teen Ip int obs as ng as

body that established the Inter-American Court, Nicaragua is bound by the
Court's ruling and must comply with its orders The Court is one of few
snternational judicial bodies that can require states to take remedial measures
for the violation of rights, The Court’s rulings establish governing legal
precedent for all 34 member states of the OAS. The Awas Tingni case
represents a critical advance in the defense of indigenous land rights. It will
‘most likely result in a fuling that will for the frst time define the
interrelationship of human rights, indigenous land rights, and environmental
protection

The Awas Tingni human rights complaint was originally submitted to the
Inter-American Commission on Human Rights by the Indian Law Resource
Center, The Genter is an indigenous rights law firm based in Helena, Montana.
The complaint charges that Nicaragua approved destructive logging
‘concessions on indigenous communal lands without consultation with or
agreement of the affected communities and that Nicaragua failed to carry out its,
legal obligation to demarcate and legally secure indigenous lands. The
‘complaint requests a ruling from the Court requiring that Nicaragua compensate
‘Avias Tingnt for the encroachment on its land. Ifthe case is won on the merits,
Nicaragua will be required to establish a formal legal process for demarcating
indigenous lands and for protecting indigenous rights to those lands.

The Miskito, Rama, and Mayagna (Sumo) are the original indigenous peoples
‘who have historically populated the Nicaraguan Aantic Coast, preserving their
languages, customs, culture, and use of their communal lands. ‘These
indigenous peoples are organized into distinct, autonomous communities, each _
‘one with its own traditional social and political institutions. ‘The Atlantic Coast
indigenous communities bave a system of communal property in which the land
belongs collectively to all members of the community. They use the land,
forests and rivers for subsistence agriculture, bunting, and fishing. The culture
aud identity ofthe Atlantic Coast indigenous peoples are profoundly connected
to the land

ln the past several years, the Awas Tingni Mayagna community has attempted
10 prevent the wholesale destruction of their tands by companies seeking to log
the forests in their traditional territory, These companies have not been well
regulated and are rarely interested in preserving forest health in the areas where
they operate. Timber harvesting without regular replanting, destruction of
‘traditional farming areas by road-butiding and other logging activities, and
pallution of water resources are commonplace in Nicaragua and throughout
Central America where logging companies are given free rein and resource
‘management plans are non-existent. Landslides, flooding, and loss of wildlife
follow the disappearance of forests, while new roads pave the way for increased
settiement by outsiders on indigenous lands.

In 1995, with assistance from the Indian Law Resource Cemter’s attomeys, the
‘Avas Tingni community filed a petition for emergency relief in the Nicaraguan
‘courts to prevent the Nicaraguan government from granting a large forestry
concession to a Korean-based logging company operating under the name “Sol
de Caribe, S.A.” (SOLCARSA). This 30-year concession would have allowed
SOLCARSA to exploit more than 62,000 hectares of tropical forest in Mayagna

dora ‘672001 105


62

Welcome from the Director

Welcome to the University of Arizona James E. Rogers College of Law
Indigenous Peoples Law and Policy Master of Laws (LL.M.) Program. The LLM.
program is designed to offer candidates an intellectually exciting and professionally
rewarding graduate legal educational experience in the field of Indigenous Law and
Policy. The Program combines high standards in academic scholarship, a diverse
curriculum, and a full compliment of specialized fieldwork programs.

By fostering an academic environment committed to promoting a deeper and
critical understanding of indigenous peoples’ rights, and with the strength and support
of some of the world's most distinguished indigenous law and policy scholars on the
Faculty, our LL.M. candidates are able to take advantage of this enriching intellectual
community situated within the College of Law.

Anather key strength is the focation of the James E, Rogers College of Law with
its Arizona advantage — LL.M. students will study in proximity to a number of vibrant
indigenous commurities served by the College af Law's Indigenous Peoples Law and
Policy Clinic. These factors open the Indigenous Law and Policy Program and its
students, both from the U.S. and intemationally, to the forefront of intellectual currents
‘on legal research and clinical legal practice. Given that indigenous people face an
increasingly complex legal environment, the LL.M. program is intemationalized in its
focus and attracts lawyers, recent graduates and academics with demonstrated
achievement and academic excellence from all over the world.

The LL.M. program offers a glimpse into why the James E. Rogers College of
Law is recognized as a leader in field of Indigenous Law. Its goal is to produce.
graduates who will make their mark in the field as practicing lawyers in the private
sector, public interest, non-government organizations, and academia.

The following materials provide more detailed information about the LL.M.
program's curriculum, faculty members, and how to apply. | encourage you to review
the information and to visit our web site for the most up to date news and information

(http: /Avww.law,arizona.edu). Please feel free to contact us if you have any questions.

Pe aoe

ies Hopkins,
Director, indigenous Peoples Law and Policy Program
Associate Clinical Professor
The University of Arizona
James E. Rogers College of Law
1201 E. Speedway Blvd.
P.O. Box 210176
Tucson, Arizona 85721-0176, U.S.A
Telephone (520) 621-7668
Email hopkins@nt.law.arizona.edu


86

traditional territory. in 1996, the Nicaraguan government granted the
SOLCARSA concession despite the pending court action and in clear violation
of the Awas Tingni community's property rights.

‘The Awas Tingni protest against the SOLCARSA concession was soon joined
by other indigenous communities as well as the Organization of Indigenous
‘Community Leaders of the Nicaraguan Caribbean Coast, which is known by its
Spamish acronym, OSICAN. Although the community's petition to the courts,
complained a clear threat to their property rights and imminent danger to the
resources they depend on, after a yeat’s delay, the courts dismissed their case
without considering the merits oftheir claims Ina separate lawsuit brought by
representatives of the autonomous regional government, also with the assistance
of the Center, the Nicaraguan Supreme Court did find the SOLCARSA
concession to be unconstitutional because of the government's failure to obtain
approval of the regional goverment, Afterwards, however, ignoring the
‘community's nights and the Supreme Court decision, both the regional and,
national governments ultimately allowed the concession to proceed

Already, the proceedings within the OAS have had an impact. The
SOLCARSA logging concession canceled because of political pressure as the
public became aware of the Indians legal fight “And preliminary steps are now
‘underway to demarcate indigenous lands in Nicaragua. Made aware of the OAS
proceedings by Indian Law Resource Center attomeys, the World Bank
conditioned a financial aid package to Nicaragua on its development of
legislation to demarcate indigenous Lands. With much fanfare late last year,
the Nicaraguan President proposed legislation that would provide a framework
for indigenous land demarcation. Unfortunatcly, however, the President failed
to include indigenous communities in the development of this legislation and
failed to provide adequate protections for their lands. The legislation will
require immense revision and negotiations before itis acceptable to the
indigenous leaders This type of response on the government's part,
nonetheless, indicates the importance of the Awas Tingni case in the
Inter-American Court

For More Information, contact $. James Anaya, Special Counsel to the Indian
Law Resource Center, (520) 626-6341; or Armstrong Wiggins, Director of
Central and South America Programs, (202) 547-2800.

[Home] [Psosram } [Press] [Newslewers] [Papers] [Links] (Contribute) [Text only (Lafo] {Jobs|

sir z001 19 PY


31

Before the
United States Senate
Committee on Indian Affairs

Hearings Regarding
Native American Program Initiatives
at the College and University Level

Statement of
Dr. Ken Pepion and Prof. Joseph P. Kalt
Executive Director Faculty Chair

Harvard University Native American Program
Harvard University
June 21, 2001

We thank you for the opportunity to appear here today. We represent the
Harvard University Native American Program and its affiliated projects. In
addition, Prof. Kalt serves as co-director of the Harvard Project on American
Indian Economic Development. We would like to take this opportunity to describe
the efforts underway at Harvard as the University reinvigorates its commitment to
American Indian issues, students, leaders, and nations. Recent investment in the
University’s efforts make this an important and exciting time that holds the
promise of bringing Harvard's considerable resources to bear in a positive way on
the challenges of nation building in Indian Country.

Over its long history, Harvard University has been inconsistent in its
attention and commitment to Native issues. Yet, its founding Charter of 1650
dedicates Harvard to “the education of English and Indian youth". Now, at the
start of the 21" Century, the leadership of the University has renewed its
commitments and is staunchly supporting the development of teaching, research,

Statement of Dr. Kenneth Pepion and Prof. Joseph P. Kalt
Harvard University Native American Program


7

When I hear professors and men and women of high intellect
speak of the possibilities at these great conferences, I am reminded
of the extraordinarily dismal dropout rates in the school system in
Indian country, and I would like to get—and I know the committee
would like to get—some expert advice on what to address that.
How do we retain these students in school?

We look at drug addiction, and look to the cities. But we also
have drug addiction in Indian country. Something has to be done.
Is it money? Is it commitment? I do not know what it is. The infra-
structure of our school systems is something that we would be
ashamed of if we were in a third-world country. We make a big
fuss over asbestos, and we find that many of our schools in Indian
country still have asbestos.

So it would be extremely helpful—and I know you are trying
your best—if you could consider this hearing as our first step in
making a contract with the academia of this land to serve as a re-
source to this committee on what we can do to address all of these
issues.

Leaders in Indian country are doing their absolute best, but even
with that, it is not enough. And when one considers that, as I have
frequently said, that Indian people have already “paid their dues’-—
they not only gave up their lands, but here is one of the lesser
known facts. In all of the wars over the last century, men and
women of Indian country, on a per capita basis, have put on the
uniform of this country and placed themselves in harms way more
often than any other ethnic group.

So we owe them a lot, and I am glad that the institutes of higher
learning are involved in this. So if you can just add one more as-
signment and serve as our advisors, I would be most appreciative.

Do you have any activity on your campuses dealing with edu-
cation, kindergarten and up, K-12 or anything like that?

Ms. FurSE. No, Senator; not exactly that, but what we do have
at Portland State is a Native American Center that is being devel-
oped, and it actually came out of the students asking for it. It will
develop training of teachers and Native students who would then
become teachers, and it will be a place in Portland that will be a
very, very helpful place for tribal people to come. This is coming
out of the university, but tremendously out of the student body
itself, wanting to serve their younger brothers and sisters as they
go through their education.

Mr. PEPION. Senator, in response to your comments, I mentioned
that the Harvard Native American Program is now working with
First Nations in Canada, but we are working through the office of
our visiting senior faculties who have been in the field in lots of
different kinds of positions of educational leadership, primarily Bu-
reau of Indian Affairs schools.

I would very much agree that in the infrastructure in the Bureau
schools, we do have some expertise on board to deal with a lot of
the kinds of issues that need to be dealt with in school reform and
all of those issues that tie into lack of achievement among Amer-
ican Indians.

I think we all have to recognize that the majority of Native
American people, however, are in public institutions. That being so,


46

Begay and Cornell, Statement, Senate Committee on Indian Affairs, 6-21-01 3

and administrative problems faced by most contemporary societies, many of these nations
also confront burdensome legacies of colonialism. They are trying not only to rebuild
productive economies but to maintain distinctive cultural practices, control and rechannel
often destructive forces of change, and maintain a maximal degree of political autonomy
within the sometimes hostile political atmosphere of the United States, where tribal
sovereignty has been recurrently under attack over the last half century.

All too often, these nations face these complex tasks with only limited contemporary
experience in sovereign government and meager informational and educational resources.
Indian leaders often have to make momentous decisions without the benefit of the
focused, customized educational experience that the leaders of other societies find readily
available at leading educational institutions or through major executive education
programs. Tribal governments also typically lack access to the kinds of policy analyses
that other governments regularly employ in making major policy decisions. Indeed, tribal
leaders have often called for access to the kinds of sophisticated policy resources that
traditionally have been part of the decision-making processes of non-Indian governments
in the United States and elsewhere.

The Native Nations Institute for Leadership, Management, and Policy is a direct
response to this need and to similar needs among First Nations in Canada and indigenous
groups elsewhere in the world. Formally established by the State of Arizona Board of
Regents in January 2001, NNI’s purpose is to make available to Native nations
comprehensive, professional training and development programs of the highest quality
designed specifically to meet the educational needs of indigenous leadership and
management, and to provide those nations and other policymakers with outstanding
policy analysis and basic research presented in usable, accessible form. Its overall goal is
to make a long-lasting, practical contribution to the effort of indigenous nations to
improve the economic and social well-being of their peoples and regain effective control
of their own futures.

Parti

ipating Organizations

The University of Arizona is both a land-grant institution and a front-rank research
university located in a state with a substantial Native American population. It has major
faculty resources focused on the needs of Indian nations and other indigenous peoples
and a large, talented, and diverse group of Native American faculty located in a wide
array of academic programs. The university has extensive experience with executive
education programs, applied research, and community outreach. Its American Indian
Studies Program is one of only two Ph.D.-granting Indian Studies program in the country
and has the largest concentration of Indian faculty working in Indian Studies in the
nation. The university also has a long history of involvement in Indian Country and a
vigorous institutional commitment to serving Native nations. It is moving aggressively to
expand and strengthen that commitment. NNI enjoys strong relationships with the
university’s American Indian Studies Program, Rogers College of Law, Eller College of
Business and Public Administration, and Center for Native American Health in the
College of Public Health.


6

ernance of American Indian nations, chaired by Andrew Lee, and
our advisory board chaired by Chief Warren Lyons, whom I am
sure you know. Honoring Nations is an annual awards program in
which tribes go through a competitive process, and the program
recognizes rewards and honors, the best practices in Indian coun-
try, Indian self-determination and self-governance. We have now
been through two cycles of this, and the honorees from Honoring
Nations represent examples of the finest in self-governance, not
only in Indian country, but anywhere in the world.

In addition to the Honoring Nations program, we run executive
education programs. THese are founded the belief and the observa-
tion that current Native leadership—people in office, the people
running programs, directors, managers, et cetera—typically don’t
have access to the finest business schools, law schools, public policy
schools, and yet the challenges of leaders and decisionmakers in In-
dian country are every bit as big as corporate leaders, business
leaders, and Government leaders.

So our executive education programs are designed to try to pro-
vide career professionals for Indian country with exposure to an
education in economics, business, public administration, dispute
resolution, constitutional reform. We've done programs Crow to
Pine Ridge to Tohono O’odham, Fort Peck, the senior management
of

You can tell by these remarks that there is wide engagement at
Harvard with the field. We are out in the field constantly with our
projects, with Honoring Nations, and with executive education. Our
belief, as we look forward and as you consider such things as Ms.
Furse mentioned, perhaps a Native American University. But a
great deal of emphasis needs to be placed upon current leadership,
the mid-career professionals who are struggling right now with
problems ranging from health to education to government and busi-
ness.

The tribal colleges, in my view, are doing a fine job in building
future generations and coming generations of leaders, but today’s
leaders are struggling against tremendous problems, often with the
deficits in their own education that has left them unarmed with re-
spect to issues of business and public administration and, really,
the running of self-determined societies.

So our work at the Harvard Project, and more broadly at
HUNAP, is dedicated to trying to provide both the research infor-
mation and the educational opportunities to help Native American
leadership arm themselves with the tools they need to run their
Nations.

Thank you.

[Prepared statement of Mr. Kalt appears in appendix.]

The CHairMAN. I would like first to commend Harvard Univer-
sity and Portland State for the work you are doing. I have been in
the leadership of this committee now for about 14 years, and I can
tell you that it has been exhilarating but frustrating. It has been
exciting but, at times, maddening. Sometimes I feel that we do not
know where to start. Do we start with health? With judicial re-
form? Or do we look at land in trust? Do we look at gaming, eco-
nomic development, sovereignty?


40

tribal government and has concrete impacts upon such bottom-line
results as forest productivity and housing quality. Not only does culture
provide important institutional resources, but a match between
institutions of government and culture is critical to success.

Results of Harvard Project research are published widely. Summary
treatments are provided in “Reloading the Dice: improving the Chances of
Economic Development on American Indian Reservations,” in What Can
Tribes Do? Strategies and Institutions in American Indian Economic
Development (edited by Cornell and Kalt, American Indian Studies Center,
UCLA, Los Angeles, California) and in “Sovereignty and Nation-Building: The
Development Challenge in Indian Country Today,” vol. 22, no. 3, of the
American Indian Culture and Research Journal. More than 100 topical and
tribe-specific reports are available through the Harvard Project's Report Series.
These papers provide valuable tools for decision makers in government,
business, education and other aspects of Indian affairs.

Services to Tribes and Tribal Organizations: Reflecting the same principles

that guide other HUNAP efforts, the Harvard Project on American Indian

Economic Development works extensively with tribes and tribal organization

through several avenues:

« Research — The Harvard Project offers research services at the request of
tribes and tribal organizations. With the assistance of faculty, graduate
students and research assistants at Harvard University’s John F. Kennedy
Schoo! of Government, the Project investigates development and other
policy-related issues of concern to tribes and Native communities.
Research services have been provided in response to requests from a wide

‘Statement of Dr. Kenneth Popion and Prof. Joseph P. Kalt
Harvard University Native American Program


19

Mr. PARKER. Primarily they are conducted by a network of com-
munity faculty. These are college faculty who live within the com-
munity, they are members of the community themselves. We re-
cruited some wonderful people.

But we also have some distance learning. We are connected to a
program called “Web CT” where a student can sit down at the com-
puter and input their course assignments; they can receive reading
assignments; they can talk with each other on an online basis and
discuss in seminar papers that they have written.

The CHarRMAN. I do not know how many are aware of this, but
Alan Parker used to be the staff director of this committee; he sat
right here. And during that time, because I knew very little about
Indian country—and I am still learning—he advised me on the fi-
nancial problems of Indian country. Since their lands were all held
in trust, they were not subject to alienation for mortgage purposes,
and so they were exploited. And so he said, “Why don’t we estab-
lish a bank?” Well, the bank is just about ready to open its doors.
It is going to be a National Indian Bank, made up of Indians, with
Indian money, for Indians. So it is going to be exciting.

And now, Dr. Stempff.

STATEMENT OF LINDA MOON STEMPFF, DIRECTOR, MPA
PROGRAM, THE EVERGREEN STATE COLLEGE, OLYMPIA, WA

Ms. StemprF. I, too, am pleased to be here this morning with my
colleague, Alan Parker, and have an opportunity to talk about
higher education programs.

I particularly have been working on a Master of Public Adminis-
tration degree in collaborative administration and tribal govern-
ance,

These kinds of programs reaffirm sovereignty through higher
education, and education has to be restructured to make the pro-
grams really relevant to tribal communities, to say “welcome” to

ative students.

Three factors shape the development of this unique program at
Evergreen. First, the innovative educational approach at the col-
lege and the construction of other programs, begun with the
Longhouse, with Alan’s Northwest Indian Applied Research Insti-
tute, makes it possible to provide a degree program in Public Ad-
ministration. Our strong partnership with Northwest Indian Col-
lege, the tribal college nearest us, is also important. It provides the
students, in partnership with the college, access to the 4-year de-
gree tribal-based program that Alan has just explained. That is the
feeder for the graduate program. It’s a tier approach of cooperation
and partnership.

The second important part of this educational philosophy is that
research and work all involve community participation and rel-
evance. We don’t do research just because it is interesting to aca-
demics. We do research because the tribes have asked us to do it,
and they participate in it.

Third, the delivery structure of the program is designed to pro-
vide access to tribes in and out of State, and to benefit tribal na-
tions through the participatory research. It also provides a profes-
sional degree to tribal members, who can then return to their com-


14

chair for the Indigenous Peoples Law and Policy Program, Profes-
sor Anaya, will address the important work of the clinic.

STATEMENT OF S. JAMES ANAYA, SAMUEL FEGTLY DISTIN-
GUISHED PROFESSOR OF LAW AND CO-FACULTY CHAIR, IN-
DIGENOUS PEOPLES LAW AND POLICY PROGRAM, UNIVER-
SITY OF ARIZONA JAMES E. ROGERS COLLEGE OF LAW, TUC-
SON, AZ

Mr. Anaya. Thank you.

Good morning, Senator. As my colleague, Professor Hopkins, has
said, as an adjunct to a broad curricular offering in indigenous peo-
ple’s law and policy, the College of Law’s LL.M. Program in Indige-
nous Peoples Law and Policy will be offering clinical placements to
LL.M. students. These clinical placements follow from a program
that the College of Law has developed already with regard to its
J.D. students.

The clinic students, who are J.D. students, have been directly in-
volved in providing legal representation before courts, legislatures,
international human rights Podies. They have been involved in leg-
islative drafting assistance and litigation and policy research sup-
port to indigenous peoples and communities throughout the United
States, as well as abroad.

The human rights and legal advocacy werk of these students in
the clinic has taken them to indigenous communities on the Atlan-
tic coast of Nicaragua, to the Rio Yaqui and O’odham communities
of Mexico, to the United Nations’ Commission on Human Rights;
to Geneva, Switzerland; to the Inter-American Court of Human
Rights in San Jose, Costa Rica, as well as to the Navajo Supreme
Court, to the United States Supreme Court, to the White Mountain
Apache Tribal Attorney’s Office, as well as to numerous Indian
communities throughout the American west.

Students enrolled in the Indigenous Peoples Law and Policy
LL.M. Program will be able to participate in an especially-designed
graduate LL.M. clinical placement program that is similar to the
J.D. model. The LL.M. clinic will provide faculty-supervised place-
ments for the students in tribal courts and tribal governments, and
with United Nations- recognized indigenous human rights organi-
zations, like the Indian Law Resource Center, which is based in
Helena, MT and which also has offices here in Washington.

The LL.M. clinical students are going to be working on major in-
digenous human rights cases before bodies like the Organization of
American States, the Inter-American Commission on Human
Rights, and the OAS Inter-American Court of Human Rights. They
will do applied research on projects undertaken by College of Law
faculty members at the request of indigenous communities and or-
ganizations. They will help represent clinic clients throughout the
United Nations and OAS human rights systems, and they will be
able to conduct faculty-supervised legal and policy research on
major issues in the field of indigenous people’s law and policy for
LL.M. Program-sponsored scholarly publications, and community
and professional legal education seminars, conferences and work-
shops.

This will undoubtedly be one of the most important and valuable
educational experiences for students in the LL.M. Program. Recent


3

leaders, chairpeople around our region, and we put together the In-
stitute for Tribal Government at the Hatfield School. As you know,
Senator Hatfield has been a leader in the efforts of tribes, and his
guidance and encouragement has been incredibly important as we
put it together.

We started with a small planning grant from three tribal govern-
ments, and a small foundation, and then this year we were very
fortunate to receive a grant through the higher education budget
of the United States. We had that appropriation come in April. We
planned and told the Congress we would do six trainings this year;
we have no planned and will perform 11, including the Navajo Na-
tion, all of the Alaska tribes who are coming together in October,
tribes from Washington, Oregon, and Idaho. We will be doing
those, and I have been invited to come down to the southeastern
and eastern tribes to tell them about the program.

Instructors are Professors, law professors, professors in these
subjects. Almost all of our instructors are Native American.

Senator we have found in this short time that the demand has
way exceeded our capacity. We look forward, though, to expanding
our program, working more and more with tribal governments, but
what we have realized is that the need is there, and that the tribal
governments are responding. We hope next year to do at least one
seminar per month. We will either go to the tribe, or the tribe will
come to Portland. For instance, with Navajo, we will go there be-
cause the tribal council is so large. But with smaller tribes, they
will come to us.

I want to just touch on the tremendous support, Senator, that we
have had from the other institutions who will testify today. They
either serve on our board or they have been extremely helpful to
us as we have developed, obviously, very, very quickly. We have
something unique to offer; our clients are tribal elected officials,
each of them brings something that is so important and which we
can all use together.

Senator I understand that you might be thinking about some
kind of Native American university. That’s very exciting. Senator
Hatfield spoke to me just on Monday about that and reminded me
that you and he had put together the Institute for Peace, and he
said what a wonderful concept you had.

I will close by thanking you, Senator, and thanking our tribal ad-
visers. Without them we would not be the institute we are today;
they guide us every step of the way. I would like to thank our Or-
egon delegation for supporting the funding, but in particular I
would like to thank Senator Gordon Smith and Congressman David
Wu, and Senator Herbert Kohl, who also was very supportive of
this, as were you, Senator Inouye, and thank you for the privilege
of testifying before you today.

[Prepared statement of Ms. Furse appears in appendix.]

The CHAIRMAN. Have you had the opportunity to work with the
tribal colleges?

Ms. FurRSE. Yes; in fact, Senator, we contemplated—and the Nav-
ajo Nation contemplated—holding one of these seminars at the new
college. It turned out that there wasn’t the space at the time that
the Navajo Nation wanted our Institute, but we would like to work
as closely as possible. We are not a degree program; as I say, we


69

Robert A. Hershey, B.S., 1969, University of California-irvine; J.D., 1972, The
University of Arizona. Subjects include Indian Law, Globalization and Preservation
(Transformation) of Culture. Special counsel to the Pascua Yaqui Tribe from 1994-
1996, and Judge Pro Tem for the Tohono O'odham Nation and the Colorado River

Indian Tribes.

James Hopkins, Director of the Indigenous Peoples Law and Policy Program &
Associate Clinical Professor of Law B.A, 1992, LL.B., 1996, University of Toronto;
LL.M., 2000, ITP, 2000 Harvard Law School. Subjects of interest include the
intersection of trade and taxation with the laws of indigenous peoples.

Boris Kozolchyk, D.C.L., 1956, University of Havana; LL.B., 1959, University of Miami;
LLM, 1960, S.J.D., 1966, University of Michigan. Director and President, National
Law Center for Inter-American Free Trade. Subjects include Intemational Commercial
Transactions, Commercial Letters of Credit, Comparative Law, International
Transactions, Law and Economic Development and Jurisprudence. U.S. representative
to the United Nations Coramission on International Trade Law (UNCITRAL) and
participant in numerous international conferences and conventions, including the

O.AS. Conference on Private Intemational Law (CIDIP) and the Intemational Chamber
of Commerce Revision of the Uniform Customs and Practices for Documentary Credits.

Catherine O'Neill, B.A. 1987, University of Notre Dame; J.D., 1990, University of
Chicago Law School. Associate Professor of Law. Subjects include Basic Legal Skills,
Environmental Justice, Environmental Law and Property. Former Graduate Fellow at
Harvard Law School with Ford Foundation Fellowship in Public Intemational Law;
worked for the Washington State Department of Ecology.

Dalia Tsuk, LLB., 1992, Tel Aviv University Schoo! of Law, 1998, S.J.D., Harvard Law
School. Assistant Professor of Law. Subjects include Corporations, American Legal
History, and Constitutional Law.

Affiliated and Adjunct Faculty

A number of faculty from The University of Arizona will participate as affiliated faculty
members.

Stephen Comell, Director of the Udall Center for Studies in Public Policy,
Professor of sociology and of public administration and policy at The University of
Arizona. B.A, 1970, Mackinac College; AM., 1974, PH.D., 1980, University of Chicago.
Dr. Comell is also co-director of the Harvard Project on American Indian Economic
Development, a research program headquartered at the Kennedy School of
Government at Harvard University that he co-founded in the late 1980's with Professor
Joseph P. Kalt.


24

Testimony for Indian Affairs Committee hearing
June 21, 2001 Washington D.C.
by
Elizabeth Furse, Director
Institute for Tribal Government
Mark O. Hatfield School of Government
Portland State University

Chairman Inouye and Members of the Committee, thank you for providing me with this
opportunity to testify today on behalf of the Portland State University Institute for Tribal
Government. I am honored to have been invited and am extremely pleased to see
Chairman Inouye once again. I look forward to working with all of you on this exciting
and timely opportunity to serve Native American higher education.

1 would like to begin by describing the Institute and its background. The Institute for
Tribal Government is located in the Mark O. Hatfield School & Government in the
College of Urban and Public Affairs at Portland State University in Portland, Oregon. It
is a truly unique program offered to elected tribal governments from across the nation.

Need for the Institute

While there are over 500 tribal governments in the United States, each with its own
structure, there is no national institution that provides training specifically designed for
elected tribal officials. Newly elected officials, in particular, often are unfamiliar with
the duties of office and must assume multiple responsibilities without the benefit of
structured training. The program's primary purpose, therefore, is to provide tribal elected
officials with the education and training necessary to enhance their collective and
individual leadership effectiveness.

l have always been impressed with the tireless efforts of tribes--frequently small.
impoverished tribes with limited financial and communication resources--to deal with
the ever-increasing myriad of complex local, state and federal government jurisdictions
tribes encounter on a daily basis. However, it is painfully clear that too often tribes lack
the expertise and educational resources necessary to effectively deal with these inter
governmental challenges. This often leads to mistrust of tribal government by tribal
members, resulting in tribal community instability. Externally in the nontribal
community, tribal credibility may be undermined by such events. Furthermore, precious
tribal resources may be wasted or economic or other opportunities missed because of a
lack of training or expertise

As a member of Congress from 1993 to 1999 and in my 30 years experience working
with tribes, it has always been my observation that tribal elected leaders themselves are
the most articulate and effective representatives of their tribal communities. However.
too often tribes believe that they must rely on “outside” consultants, who are frequently
hired at great expense. to deal with subjects such as inter governmental relations or



10

economically and why others are not. And interestingly, of the 15
years, 10 years have been really dedicated to providing executive
education fer Native leaders, but not really in any systematic man-
ner. It was more upon request by the leaders themselves and
tribes, and also First Nations up in Canada.

It was out of this research that the idea of an institute was born.
As a matter of fact, the three of us were riding horses up in the
hills of Montana, right outside of the Crow Reservation, when we
began talking about an institute, and the need to provide in a more
systematic fashion an executive education program, as well as a
policy, research, and analysis institute. And it was out of this

orseback ride that this idea came about. And then, lo and behold,
the Native Nations Institute was born and created at the Univer-
sity of Arizona, recently, just last year. It was reaily a response to
a need, that Native leaders are wrestling with nation-building
issues, how to build viable and effective institutions of self-govern-
ance. It was really a response to that. As Joe Kalt mentioned ear-
lier, other kinds of leaders have access to numerous educational
programs, whereas tribal leaders do not. So it was really in re-
sponse to that.

The cornerstone of the Native Nations Institute really are leader-
ship and management programs, with specific emphasis on execu-
tive education for senior leaders. We are in the process of develop-
ing case-based curriculum materials on economic and community
development issues.

We are also focusing on leadership and entrepreneurial training
for Native youth, as well.

Second, we are engaged in policy research and analysis on a vari-
ety of subjects. We also have a focus on basic research, as well, and
we are also in constant collaborative relationship with tribes, and
also First Nations up in Canada. And we hope that these collabo-
rative relationships will be long-term, specifically focusing on na-
tion-building efforts that tribes are going through.

Some of the notable features of the Native Nations Institute are
that we are a research-based entity. Our curriculum is research-
based, building on Harvard projects and work that has been going
on for many years.

Also, as Steve said, we have a strong faculty at the University
of Arizona, strong support from the Law School, from the American
Indian Studies Program and elsewhere. We also have a 24-member
International Advisory Council made up of individuals from the
United States and Canada. Patricia Zell is a member of that coun-
cil.

In conclusion, a lot of strength and power has really been placed
on the Native Nations Institute. As a matter of fact, a prominent
Navajo medicineman Peter Chee held a blessing for the Native Na-
tions Institute recently. This particular eagle feather was given to
the Native Nations Institute. It is through the Native Nations In-
stitute, and the blessing, that the present, the past, and the future
might really become a good reality for Indian nations.

ss you look at the logo that we have developed for the Native
Nations Institute, it really embodies several prominent points. It
really denotes strength and direction and leadership; also protec-
tion, and also effective and efficient nation-building. And I think


29

programs are growing rapidly, we must secure additional resources from the public and
private sectors in order for us to fulfill that demand.

1am pleased to provide you with this update of our progress, and look forward to keeping
you apprised of our success in the years ahead. Once again, | thank you for this
opportunity to testify, and trust that you wil! not hesitate to contact me if I can be of
assistance to the Committee or its distingrished members.

90000080


98

social services. By providing a vehicle for gathering knowledge to make informed
choices, this curriculum begs the question of how federal policy interacts with tribal
responses. Patterns of internally driven adaptations in tribal governments become
evident. The interweaving of the federal thread with the unique histories, cultures.
politics and geographic settings of tribal nations creates a tapestry of policy that is
colored by federal policy, but brocaded with tribal uniqueness. Models that emerge from
these programs may teach lessons about approaches for indigenous peoples in other
countries who struggle to build the institutional architecture for self-governance.


91

Statement of Dr. Linda Moon Stumpff
Director of the Graduate Program in Public Administration
The Evergreen State College
Olympia, Washington 98505
Stumpffl@evergreen.edu

Before the United States Senate Committee on Indian Affairs
Oversight Hearing on Native American Program Initiatives at the College
and University Level
June 21, 2001 Washington, DC

REAFFIRMING SOVEREIGNTY THROUGH HIGHER EDUCATION: Creating
a Master of Public Administration Degree Program in Collaborative Administration

and Tribal Governance

Mr. Chairman and members of the Committee: It is a privilege to appear before you this
morning to testify regarding exemplary Native American Program Initiatives undertaken
by Colleges and Universities in the US. My Colleague, Alan Parker, will present
testimony regarding The Evergreen State College’s overall approach to serving Native
American students and the tribal communities in Washington State. He serves as faculty
for Native American law and policy as well as director of the Northwest Indian Applied
Research Institute, one of five Public Service Centers at the College.

The establishment of a Master of Public Administration degree in Collaborative
Administration and Tribal Governance (MPA/CAT) is the most recent Native American
Initiative at the Evergreen State College. Three factors have shaped the development of
this unique degree proposal at Evergreen. First, the innovative educational approach
taken by the college provides an ideal context for this graduate program. The
establishment of this constellation of connected programs, including the Northwest
Indian Applied Research Institute, the Longhouse Economic Development Initiative,
tribal community-based degree programs, and partnerships with Northwest Indian
College all combine to create a context that is supportive of MPA/CAT. In addition, they
generate a strong applicant pool of tribal members and tribal government employees.
The Institute provides a focal point for research directly connected to the creation of
relevant curriculum. Further expansion into governance studies supports student research
in the graduate program. These institutions connect research and theory to practice.
Second, the educational philosophy of the college stresses interdisciplinary work and
community participation and relevance. Following this philosophy, the design for
MPA/CAT developed out of two years of work with tribes including conferences,
interviews and a survey to assure that the new curriculum had cultural and political
relevance for tribal governments. Third, the delivery structure of the program was
designed to provide access to tribes in and out of state and to benefit tribal nations
through community-based participatory research.


i

that it really, truly focuses on what my grandmother has men-
tioned to me, about the past, the present, and the future.

So with that, I thank you very much, Senator.

[Prepared statement of Mr. Begay appears in appendix.]

The CHAIRMAN. Thank you very much, Dr. Begay.

Several weeks ago your president, together with Nan Stockholm
Walden, came by to discuss this matter, and I can assure you that
this committee is now in the process of trying to convince the Ad-
ministration and work out the appropriate authorization so that $1
million can be transferred to the Institute.

Mr. BEGay. We are very grateful for your efforts, Senator.

The CHAIRMAN. You spoke of issues faced by Indian leaders.
What sort of issues are you referring about?

Mr. BeGay. Native leaders currently are struggling with figuring
out how to develop institutions of self-governance that work. Many
of the governments that these tribes have, have been thrust upon
them and are often culturally inappropriate, and therefore do not
function and do not have the legitimacy of the people. So as a re-
sult, it really promotes factionalism. It promotes a poor decision-
making process.

These leaders truly are wrestling with issues that are found
throughout the world, from Eastern Europe to the Philippines to
South Africa and so forth, where colonization has occurred. And as
a result, these leaders are thinking through these issues quite care-
fully and are struggling, and they don’t have a place to go to wres-
tle with these issues with their peers. We have found in these exec-
utive sessions that we have run that one leader will say to another,
“Oh, so that’s the way you do it. We do it this way. I think we'll
try your way.” So it really promotes the sense of camaraderie, the
sense of unity. We found that it works very well.

The CHAIRMAN. That brings up an interesting observation. I have
noted that in some of the tribal nations, big and small, the chal-
lenges are caused by frequently changing tribal government admin-
istrations.

How do you cope with that type of instability that has lasted for
decades?

Mr. CorNELL. We had an interesting discussion with members of
one tribal council—not quite the situation you described, but a situ-
ation in which deep and profound factionalism had been present for
a long time, and it had been crippling to the nation itself And the
issue became, are the individual factions willing to give up some
degree of power in order to empower their nation by creating a gov-
ernment that actually works? And when it was reframed as a ques-
tion of “How do you empower your nation, and are you willing to
make sacrifices in order to do that,” we found the response of coun-
cil members was very positive. They hadn’t thought about it in
quite those terms. A lot of it was about who is going to control this
set of jobs or this set of opportunities, but the result was fewer op-
portunities and fewer jobs for the nation as a whole.

And that’s kind of the approach we have taken, that the institu-
tional foundations of development require a larger frame of think-
ing about how you create capacities for the nation as a whole that
go beyond factions and beyond the struggle over distributional
issues, and begin to create a larger pie for the tribe.


97

‘The overall goal of the degree program is aligned with the professional and intellectual
competencies reflected in the field of public administration. An interdisciplinary and
collaborative approach weaves together four applied leaming goals:

1. Application of critical thinking and writing through a systems approach to learning.
This degree program takes a problem-solving stance to research and investigation of
current problems. The understanding of complex systems through critical approaches
is key as a basis for accountable and effective decision-making in the context of rapid
change.

2. Participatory approaches to learning. This component integrates professional
competencies with a liberal arts education. This encourages analytical exploration of
alternatives through interdisciplinary methods. The approach weaves analysis into
participatory research that responds to community needs.

3. Integrated curriculum through the development of a multicultural learning
community. This represents a commitment to diversity that sustains cultural
differences rather than merging or marginalizing them. Jt seeks to integrate rather
than separate while discovering shared goals.

4. High quality, community-based applied research that contributes to solutions. The
ability to conceptualize whole systems that support sustainable communities emerges
from research that is accountable to community needs.

Projects and assignments for the program emphasize participatory learning and
research. Significant portions of the curriculum include field applications projects
where students respond to research needs outlined by tribal officials. Coordination
for internships and cooperative education programs are important delivery
components of the program to assure its connection to the operations of tribal nations.

EXPLORING NEW CURRICULUM

A graduate program tailored to the needs of tribal employees, officials and agency
liaisons creates a base for tribal-centered research applications. This kind of academic
research focuses on developing alternatives to complex political problems and working
with tribes to strengthen the architecture of tribal self/governance. The MPA/CAT
program at Evergreen is working in close collaboration with Portland State University to
enhance the program in the future with the advanced interactive distance technology that
they are providing to reservation sites. The Tribal Administration program at PSU has a
partnership with the Evergreen program to share innovative curriculum and provide a
wider range of elective choices for the many administrative areas that draw on public
administration from environmental planning to health to courts, from law enforcement to


65

Indigenous Peoples Law and Policy LL.M. Clinic

The College of Law has developed a national and international reputation as a
leader in clinical legal education for law students interested in the field of indigenous
peoples’ rights. For the past two decades, The University of Arizona Tribal Law Clinic
at the James E. Rogers College of Law has provided specialized, faculty-supervised
law clinicat training to its J.D. degree law students in on-reservation tribal court and
tribal government placements. Tribal Law Clinic students have been directly involved in
providing legal representation before courts, legislatures and international human
tights bodies, legislative drafting assistance, and litigation and policy research support
to indigenous peoples and communities. Their human rights and legal advocacy work
in the Clinic has taken them to indigenous communities on the Atlantic coast of
Nicaragua, to the Rio Yaqui and Mexican O'odham indigenous communities in Mexico,
to the United Nations Human Rights Commission in Geneva, Switzerland, to the Navajo
Supreme Court, to the White Mountain Apache Tribal Attorney's Office and numerous
Indian reservations in the American Southwest and Arizona Indian Country.

Students enrolled in the Indigenous Peoples Law and Policy LL.M. Program will
participate in a specially designed graduate LL.M. clinical placement
Indigenous Peoples Law and Policy LL.M. Clinic. The LL.M. Clinic will provide faculty-
supervised placements to LL.M. students in tribal courts and tribal governments and
with United Nations-recognized indigenous human rights organizations (N.G.O.s) like
the Indian Law Resource Center in Helena, Montana. LL.M. clinical students will work
‘on major indigenous human rights cases before bodies like the Organization of
American States Inter-American Human Rights Commission and the Inter-American
Court. They will do applied research on projects undertaken by College of Law faculty
members at the request of indigenous communities and organizations. They will help
represent Clinic clients throughout the United Nations human rights system. They can
conduct faculty-supervised legal and policy research on major issues in the field of
Indigenous Peoples Law and Policy for LL.M. Program-sponsored
publications and community and professional legal education seminars, conferences.
and workshops.

The Indigenous Peoples Law and Policy LL.M. Clinic will undoubtedly be one of
the most important and valuable educationat experiences for students in the LL.M.
program. It will be headed by the Program's Director, James Hopkins, and LL.M.
students will be assigned to work with the Clinic's supervising faculty, which includes S.
James Anaya, the Samuel M. Fegtly Professor Law, Robert A. Williams Jr., the E.
Thomas Sullivan Professor of Law and American Indian Studies, and Robert Hershey,
Director of the Indigenous Peoples Law Clinic. The Clinic is designed to provide a
strong, empirically- -based foundation for applied research, advanced teaching and
innovations in community service and outreach by graduate law students pursuing the
Master of Laws degree at The University of Arizona


71

Distinguished Visiting Faculty

The College of Law is pleased to announce that Vine Deloria Jr. has agreed to be the
LL.M. program's first Distinguished Visiting Professor of Indigenous Peoples Law and
Policy. Professor Deloria will also serve on the Advisory Board of the Indigenous
Peoples Law and Policy LL.M. Program.

Vine Deloria, Jr., Standing Rock Sioux, was born in Martin, South Dakota. He
obtained his Bachelor of Science degree from lowa State University in 1958, a
Masters of Theology degree from the Lutheran School of Theology in Chicago in
1963, and his law degree from The University of Colorado in 1970.
Intemationally respected as a lawyer and advocate for indigenous peoples’
rights, he is one of the most prolific and influential scholars of the twentieth
century on American Indian law and policy, history and philosophy. In 1996, he
received the Lifetime Achievement Award from the Native Writers Circle of the
Americas. His many published works include:

American Indian Policy in the Twentieth Century (University of Oklahoma Press,
1985); American Indians, American Justice (with Clifford M. Lytle) (University of
Texas Press, 1983); Behind the Trail of Broken Treaties : an indian Declaration
of Independence (Dell Publishing Co., 1974), Custer Died for Your Sins : an
Indian Manifesto (Macmillan, 1969); God is Red : a Native View of Religion (
North American Press, 1994); The Metaphysics of Modem Existence (Harper &
Row, 1979); The Nations Within : the Past and Future of American Indian
Sovereignty (with Clifford M. Lytle) (Pantheon Books, 1984), Red Earth, White
Lies : Native Americans and the Myth of Scientific Fact (Scribner 1995); We Talk,
You Listen; New Tribes, New Turf (Macmillan, 1970).


16

mitment and the level of experience that these applicants are
bringing to our program. Typically, these are multiple-degree-hold-
ing applicants who already have graduate-level degrees. They are
attorneys here in the United States who have 3 to 4 years of prac-
tice, and they see this as a real benefit to their practice, or as a
means to become more academic in their work.

The CHAIRMAN. How long is this course? Is it 1 year?

Mr. Hopkins. That’s correct. It is approximately 1 year.

The CHAIRMAN. We have candidates here. [Laughter.]

Mr. Hopkins. I would welcome all their applications.

The CHAIRMAN. I would like to thank the panel for your assist-
ance this morning, but before I call upon the next panel, because
we have had the Arizona team here, in 2 years we will have a
great celebration on the Mall, at which time we will open the doors
to the National Museum of the American Indian. It is a massive
effort of hundreds of millions of dollars. It is something that Indian
country has been working on for many years, and a crucial role in
the establishment was played by a member of the Arizona team.
I am not certain that you are aware of this, but I just noticed that
she is here. Without her, I think that the museum would still be
a dream.

So may I recognize Nan Stockholm Walden? She is the heroine.

[{Applause.]

The CHAIRMAN. At that time she was the brains for a Senator
here, and with that brain she got New York on our side. We got
the collection from New York, and the first increment of the mu-
seum was established in New York City.

So, Nan, I thank you very much publicly.

Thank you very much.

The CHAIRMAN. May I now call on the last panel: The director
of the Northwest Indian Applied Research Institute, a former staff
director of this committee, Alan Parker; and director of the MPA
Program of the Evergreen State College of Olympia, Dr. Linda
Moon Stempff.

Mr. Parker.

STATEMENT OF ALAN PARKER, DIRECTOR, NORTHWEST IN-
DIAN APPLIED RESEARCH INSTITUTE, THE EVERGREEN
STATE COLLEGE, OLYMPIA, WA

Mr. PARKER. Good morning, Mr. Chairman. It does feel a little
different to be out here in front of you as a witness.

But I do want to thank you for the invitation and tell you what
a privilege and a pleasure it is to be with you this morning and
to follow such a distinguished and accomplished group of witnesses.
I think they have described people who are “pushing the envelope”
all around Indian country in terms of bringing together the tremen-
dous resources and expertise in our higher education institutions,
bringing that together with tribal leadership, with Congressional
leadership, with people who have earned their track record as prac-
titioners, and the Native students and the issues that are in front
of Native students.

First, I would very much like to address some of the questions
that you had raised with earlier witnesses. But before getting to


99

NORTHWEST INDIAN APPLIED RESEARCH INSTITUTE
SUMMARY OF ACTIVITIES

The Northwest Indian Applied Research Institute begin operations in the
Fall of 1999 after having received funding though the College's State Budget in
the 99-01 Biennium and a grant of $100 thousand from the Paul Allen Charitable
Foundation.

Our charge was to create an organization that could provide meaningful
services from the College to the tribal communities in four thematic subject
areas: cultural revitalization, governance, natural resource management and
economic sustainability. In practical terms, this meant identifying issues around
which we could organize applied research projects that would have practical and
tangible outcomes. At the outset we decided that the issues which would
become the research agenda of the Institute may be identified either from within
the College, or, they may be issues that are brought to us as requests from
external sources, such as tribal leaders or public officials. The common element
is that the work of the Institute should primarily provide a meaningful service to
a public constituency while also providing opportunities for meaningful learning
experiences for Evergreen students.

As we have consistently explained to tribal audiences, our policy is not to
simply provide research work that would further the career or interests of
academics but rather to contribute the resources and expertise of the College to
the community.

The following is a brief list of projects that the Institute has accomplished
in its first two years of operation:

Tribal_G nt_Admini: i riculum Development for th
MPA Program. The Institute has been collaborating with the TESC Director of
the MPA Program in research, design and development of curriculum needed to
support a future degree to be offered in Tribal Government Administration. An
extensive survey of tribal government leaders and staff in the Northwest
revealed a high level of interest in graduate level studies that would equip tribal
members for the increasingly complex work in administration of tribal
governments. No other college or university in the US offers classes or an
advanced degree that would provide a relevant and contemporary educational
experience along with a valuable professional degree and credential. TESC’s MPA
Program has received approval from the Board of Trustees and the State Higher
Education Coordinating Board to develop and offer such a program. Institute
support for this effort will include faculty development programs and making
available expertise on tribal government issues from around the US.


21

[Prepared statement of Ms. Stempff appears in appendix.]

The CHAIRMAN. I am fascinated by your reservation-based edu-
cation programs.

Ms. STEMPFF. Yes.

The CHAIRMAN. Are these programs geared to focus on just tribal
problems of that area, or all of Indian country?

Mr. PaRKER. Senator, I can speak to that.

The curriculum that is offered to the students in the reservation-
based programs is a curriculum that is worked out between the fac-
ulty, the school, and the community. So it’s the curriculum that
they feel they need, but we don’t call it “Native American studies.”
It’s about community development, it’s about sociological issues, it’s
about health care, it’s about community-building, it’s an inter-
disciplinary curriculum that a team of teachers brings to the stu-

ents.

The CHAIRMAN. If it were not for this reservation-based program,
how many of your candidates or students do you believe would
have to forego such education?

Mr. ParKER. I think 90 percent of those students would not have
been able to go to college and get their degrees.

The CHAIRMAN. Would you suggest that other colleges take a
look at your model?

Mr. PARKER. Absolutely, Senator, and that’s why we are so inter-
ested in working with you on the American Indian University
structure, because it is a way to create these models in other States
where we have Indian populations, where those institutions should
be serving those tribes. And if you can create a model that works
somewhere in one part of Indian country, then with some adapta-
tion it ought to work in another part of Indian country. As Linda
has described, it’s a “feeder.” You go from a community to tribal
college to the 4-year degree to the graduate degrees and to profes-
sional-level training. I think you have to have the whole package
to make it meet the needs of the tribes.

The CHAIRMAN. Well, thank you both very much. And we thank
you for another Parker member here. [Laughter.]

Christina, who is on the staff as a legal intern, and she is not
conducting herself like an intern. She is running the show here.
{Laughter.]

So with that, I thank all of you. I hope that we can maintain this
relationship as an ongoing effort, because we need your advice.
Thank you very much.

[Whereupon, at 11:09 a.m., the committee was adjourned, to re-
corivene at the call of the Chair.]


50

Begay and Cornell, Statement, Senate Committee on Indian Affairs, 6-21-01

North America’s indigenous peoples are beginning to be able to tell.

Indeed, we are

convinced that American Indian nations have development lessons to offer the world.

Basic Research: Examples

= Leadership is often talked about as a critical component in successful
economic development, but there is little information in the policy or
academic literatures on just what leadership most usefully does in the

development context. NNI is engaged in a study of the role and

limitations of leadership in economic development processes among
indigenous peoples.

In collaboration with the Harvard Project on American Indian Economic
Development, NNI is exploring links between self-determined economic
development and the mitigation of social problems such as suicide.

4. Collaborative Relationships

NNI forms collaborative relationships with Native nations and organizations to advance
nation-building processes, analyze policy options, promote strategic thinking, and

develop solutions to difficult governance and development problems.

Collaborative Relationships: Examples

The White Mountain Apache Tribe in Arizona has asked NNI’s
assistance in a strategic planning process, lasting from June through
September, linked to the tribe’s efforts to participate in certain federal
programs, NNI will work closely with a steering committee composed
of senior tribal managers and other citizens.

The Ktunaxa-Kinbasket Tribal Council (KKTC) in British Columbia
asked NNI to assist them in thinking through the challenges of
organizing five First Nations in a single tribal council, occasioned in part
by the ongoing British Columbia Treaty Process. NNI carried out
research on the ground and then followed with a two-day workshop with
KKTC leaders.

NNT is in the process of negotiating collaborative relationships with two
‘New Zealand institutions particularly concemed with Maori governance
and development issyes:. one-with the School of Maori and'Pacific
Development at the University of Waikato, and one with the Mira Szaszy
Centre for Maori and Pacific Istand Economic Development and the
James Henare Maori Research Centre at the University of Auckland.
‘The relationships will include promotion of cooperative research, sharing
of data, and other joint efforts to provide services to indigenous nations.


95

A graduate program tailored to the needs of tribal employees, officials and agency
liaisons creates a base for tribal-centered research applications. This kind of academic
research focuses on developing alternatives to complex political problems and working
with tribes to strengthen the architecture of tribal self/governance. By providing a
vehicle for gathering knowledge to make informed choices, it begs the question of how
federal policy interacts with tribal responses. Patterns of internally driven adaptations in
tribal governments become evident. The interweaving of the federal thread with the
unique histories, cultures, politics and geographic settings of tribal nations creates a
tapestry of policy that is colored by federal policy, but brocaded with tribal uniqueness.
Models that emerge from these programs may teach lessons about approaches for
indigenous peoples in other countries who struggle to build the institutional architecture
for self-governance.

A PEDAGOGICAL DESIGN FOR TRIBAL NATIONS.

The comerstones of an Evergreen education are collaborative and interdisciplinary
teaching and learning, narrative evaluations, internships and applied projects that bridge
theory and practice, small group discussion classes called seminars and an educational
environment that celebrates diversity and incorporates multicultural perspectives.
Through the MPA/CAT degree program, the multicultural perspective is integrated into
the study of collaborative mechanisms. The inclusion of both case analysis and policy
analysis methodology produces alternative solutions to issues and problems. Students are
encouraged to find multiple solutions to problem and assess the implications of proposed
actions. Significant issues of concer to tribal government are thus approached in a
cross-disciplinary fashion so that they can be answered in their broadest historical,
cultural, political, economic, social and scientific contexts. The addition of multiple
tribal perspectives deepens and enhances the range of possible solutions that ultimately
find their resolution in the arena of intergovernmental and community collaboration. The
MPA/CAT program is constructed around four principles

¢ Foster an educational experience that results in critical thinking and the ability to
conceptualize problems within whole systems through oral and written dialogues and
consensus-based processes

« Implement a participatory approach to learning that integrates professional education
with critical thinking

* Achieve integration of the curriculum-a core series of courses that engages a cohort
team of students with a faculty team—through the development of multicultural
learning communities

© Support high quality, community-responsive applied research that makes fundamental
contributions to solutions that focus on supporting sustainable, equitable, economic,
political and ecological systems

Tremendous population growth in some areas adjacent to tribal nations, combined with
regional concerns for the quality of life, opens up possibilities for collaboration between


Native communities. The central University administration provides direct
financial support for HUNAP’s core operations. Support for HUNAP and its
affiliated projects also comes from committed individuals and concerned private
foundations (such as the Christian A. Johnson Endeavor Foundation, the Ford
Foundation, and the Rockefeller Foundation).

The firm institutional base of HUNAP has enabled us to build the key
infrastructure that is needed to move Native American matters into the teaching,
research, outreach, and student recruiting that are at the core of a great
university. Our efforts are founded on the beliefs that any work that the University
does in this field should be able to make a difference in the real world in which
indigenous people are addressing the problems and opportunities that confront
them; that the University’s role is to provide resources when requested rather than
unwelcome dictated solutions; and that the learning of students and researchers
cannot be served by staying in the ivory tower of academe. With these principles
in mind, we are now moving forward across a diverse array of programs and
activities. These include:

* The Scholars Program. HUNAP’s Scholars Program now supports pre-
doctoral fellows, visiting Professional Fellows, and a visiting Senior Faculty
Fellow. The pre-doctoral “1665 Fellows” (after the graduation date of
Harvard's first Native student) have the opportunity to discuss their research in
a collegial atmosphere, and to participate in a weekly seminar chaired by the
Senior Fellow. This community of scholars, focusing on Native American
issues, brings vitality to all aspects of HUNAP. Importantly, the Scholars
Program makes Harvard a much more attractive graduate school alternative
for the young Native scholars who will go on to make careers as academics,
researchers, and professionals across a wide array of disciplines.

Statement of Dr. Kenneth Pepion and Prof. Joseph P. Kalt
Harvard University Native American Program


17

that, I would like to take just a few minutes and tell you about
some of the work that we are doing at Evergreen College.

As I’m sure you know, Dan Evans, a former Senator, was very
instrumental in founding Evergreen College and served as its
president before coming back here to serve in the Senate. And one
of a series of leaders, Mark Hatfield, as you know, has founded the
School of Government at Portland State, and now Congresswoman
Furse is working with him. Mo Udall was instrumental in starting
the institution at the University of Arizona. So there is this pattern
of Congressional leaders who have left their mark on the higher ed-
institutions.

Here at Evergreen we also have tribal leaders who serve with us.
One of the most distinguished tribal leaders in Indian country, the
Honorable Billy Frank, serves as a member of the Trustees for Ev-
ergreen College. We are very proud of the fact that, as far as I
know, we are the only State college in the country where a promi-
nent tribal leader serves as a member of the Board of Trustees.

Of course, Billy has been a source of inspiration to our Native
students, and he has been a powerful influence as a member of the
Board. With Billy’s help we have been able to do some pretty sig-
nificant things on behalf of the tribes in western Washington.

Along with our testimony we sent a brochure which we published
just last year that describes the range of programs that we have
created at Evergreen. One of those that we are most proud of is
what we call the “reservation-based program.” Over the past 10
years at Evergreen College we have created a series of satellite
campuses on the reservations surrounding Olympia, and we have
been able to provide B.A. degrees to over 100 members of those
tribes. And as you know, those are relatively small tribes, so if you
can graduate even 5 or 10 members of those communities, you're
having a real impact. And these students are students who are, for
the most part, adults, many of them recovering people, recovering
from addictions of various kinds. They have raised families already
and they’ve come back to get their degree.

So just being among them and hearing their compelling stories
is a very moving experience, and I think this is one of the things
that the college is most proud of, that we’ve been able to do this.

We also have a partnership with Northwest Indian College, the
tribal college up at Lummi, an official memo of agreement between
Evergreen and Northwest Indian College in which the students
take their initial courses and receive their A.A. degree from NWIC,
and then they move into Evergreen for their bachelor degrees, and
some of them have gone on to graduate degrees at the college.

I was very pleased to be able to receive a faculty appointment 4
years ago at Evergreen College. After I got there, the former leader
of the Quinault Nation, Joe de la Cruz, came to us. And Joe said;

What we need to do is to create a research institute at this college. It’s not enough
to just provide an educational opportunity for tribal members, It’s not enough to
have just created the longhouse.

Which is a tremendous facility at Evergreen College.

We need to be able to come to the college, we tribal leaders, we tribes need to
be able to come to the college and receive assistance on the issues that are confront-
ing us.


61
MASTER OF LAWS
in

INDIGENOUS PEOPLES
LAW AND POLICY

2=)i[s.

THE LINIVERSITY OF

ARIZONA.

James E. ROGERS COLLEGE OF LAW

TUCSON ARIZONA


4

are unique in that our only clients are tribal governments. But we
would like to work in cooperation with the institutions, but particu-
larly the tribal colleges, of which we have—not in Oregon, but we
have a number in the northwest.

The CHAIRMAN. So you are not in a position to advise this com-
mittee as to your assessment of the capabilities, the capacity, of
these tribal colleges?

Ms. FursE. I am not.

The CHAIRMAN. May I now call upon Professor Kalt.

STATEMENT OF JOSEPH P. KALT, HARVARD PROJECT ON
AMERICAN INDIAN ECONOMIC DEVELOPMENT KENNEDY
SCHOOL OF GOVERNMENT, HARVARD UNIVERSITY, CAM-
BRIDGE, MA, ACCOMPANIED BY KEN PEPION, EXECUTIVE DI-
RECTOR

Mr. Katt. Thank you, Senator. I would like to begin, actually, by
introducing Dr. Ken Pepion, the director of the Harvard University
Native American Program. There’s a lot going on at Harvard; it
took two of us to describe it to you. I will let Ken begin.

Mr. PEpPIoN. Thank you, Senator, for allowing me the opportunity
to make these comments to you and describe what we are doing at
Harvard.

As part of its charter of 1650, Harvard dedicates itself to the
education of English and Indian youth. While Harvard’s commit-
ment to Indian education has been inconsistent over the past 250
years, the leadership of the university has renewed its commit-
ments and is staunchly supporting the development of teaching, re-
search and outreach aimed at contributing positively to Indian
country.

In April 2000, the Provost of the university designated the Har-
vard University Native American Program, HUNAP, as one of Har-
vard’s 10 interfaculty initiatives. Our efforts are founded on the be-
lief that any work that the university does should be able to make
a difference in the real world in which indigenous people are ad-
dressing problems and opportunities that confront them, that the
university's role is to provide resources and opportunities, and at
their request, we are able to make those resources at Harvard
available to them, and that the learning of students and research-
ers cannot be served by staying by staying in the ivory tower of
academe. With these principles in mind, we are now engaged in a
number of programs, including providing support to pre-doctoral
Native American fellows. We have visiting professional fellows.

Student support is very much at the center of what we do at
Harvard University. We are expanding our efforts and increasing
financial aid in an effort to increase the number of students matric-
ulating at Harvard University, and once they do get to Harvard,
their chances for success are very good. In fact, their rate of reten-
tion once they get to Harvard is 97.

Harvard supports numerous courses focused exclusively on Na-
tive Americans and a growing number of courses that include Na-
tive American content. Our course offerings entitled, Native Ameri-
cans in the 21st Century: Nation Building I and Nation Building
II” focus on the challenges that face decisionmakers today. The Na-
tion Building II course offers students a unique opportunity to de-


93

In addition to major responsibilities for carrying out a full range of governmental
functions, tribal governments provide overall management and oversight of a wide
spectrum of tribally owned businesses as well as permitting and regulating a range of
private businesses. Tribal enterprises employed 14,375 Washington citizens full time,
including non-tribal employees by 1997 and contributed one billion dollars to the State’s
economy. (See: Economic Contributions of Indian Tribes to the Economy of Washington
State, Tiller and Chase, 1997). In addition, state and federal agencies employ tribal
liaisons and consultants in various operations. At least five federal agencies spend
significant amounts on transactions with tribes. This volume and complexity of activity
requires a high decree of administrative education and accountability. In addition, tribes
carry primary land management responsibility for millions of acres. Natural resource
activities are important to tribal economies and cultural preservation. Again, high levels
of competence and strategic planning ability under a number of federal laws is needed in
order to work collaboratively within the complex arena of state and federal regulations.
Four key areas important to the administrative apparatus necessary to sustain tribal
communities in this context are noted in the Tiller and Chase report to the Governor of
Washington in 1997:

Roles and responsibilities of public and private sectors
Fiscal transactions including access to capital financing
Legal/administrative systems to protect the interest of all parties
Adequate social and physical infrastructure to support activities

The MPA degree is the credential for professional work in all of these areas. All
four areas are central to contemporary studies in Public Administration. A lack of
adequate human resource capacity in these areas can lead to poor administration,
lessened economic opportunity and reduced ability to work collaboratively with
other governments and business interests.

ENGAGING THE CONCERNS AND ISSUES OF TRIBAL NATIONS

The MPA/CAT program grew out of the ideas of tribal leaders, officials, employees and
tribal liaisons. Joe de la Cruz of the Quinault Nation and Billy Frank Jr. of the Nisqually
Tribe were instrumental in the planning stages for this degree program. Tribal officials,
administrators, liaisons and lobbyists in Washington State demonstrated clear preferences
for an MPA degree program. The survey respondents selected twelve components from a
list of possible topics. The survey results showed a strong preference for the study of
sovereignty, the history of policy in Indian country, intergovernmental relations and
natural resources. Integral to the conceptual, legal and operational foundations of
sovereignty, these components drive the engines of tribal government. They are the
frameworks for external and consultative relations. The strong preference for study and
research of applied sovereignty affirms the most essential step in nation building—
legitimization of the structures of government. The preference suggests a commitment to
the study of sovereignty that implies resistance to historical events that eroded self-
governance and an interest in developing administrative capacity around the concept of
sovereignty. Combined with an understanding of the processes of policy making,


Swinomish Nation, the Indian Health Service, Minnesota Public Radio, and the
Banff Center for Leadership and Management.

l. The Harvard Project on American Indian Economic
Development

One of HUNAP's primary programs in Indian Country is the Harvard Project
on American Indian Economic Development. The Harvard Project was originally
founded and directed by Prof. Kalt and Prof. Stephen Cornell (now director of the
Udall Center for Studies in Public Policy at the University of Arizona), with Dr.
Manley Begay (now at the University of Arizona's Native Nations Institute)
subsequently joining as a co-director. Since its beginning in 1987, the Harvard
Project has sought to understand the conditions under which sustained, self-
determined social and economic development is achieved among American
Indian nations. The Harvard Project's central activities include research and the
application of research results in service to Indian Country.

« Key Findings: The heart of the Harvard Project is the systematic,
comparative study of social and economic development on American Indian
reservations. What development strategies work, where and why? The
Project's field-based research in Indian Country consistently finds that the
effective exercise of sovereignty, combined with capable, culturally appropriate
institutions of self-government, are indispensable keys to successful, long-term
development. Among the key findings are:

Statement of Dr. Kenneth Pepion and Prof. Joseph P. Kalt
Harvard University Native American Program


100

Implementation of Welfare Reform in Indian Country. In response to the
request of the Tribal Relations Office of the State Office of Economic Security,
the Institute assisted in preparation and facilitation of a recent state-wide
meeting of high ranking state and tribal officials on coordinating the
implementation of welfare reform. As a result of Institute involvement, the tribal
caucus at the meeting developed a comprehensive program of policy initiatives
that would address the needs of tribal government social service offices. The
tribes have been experiencing common difficulties in participating in data
collection, child care assistance programs and work first training with the state.
Tribal recommendations at the meeting drew parallels with the very successful
federal tribal self-governance program of the Bureau of Indian Affairs and Indian
Health Service as models for tribal participation in welfare reform/TANF.

Development of an Indigenous Nations Declaration of Cultural Property
Rights, As an outcome of the Caucus of tribal leaders, the Institute was asked
to coordinate the development of program to assist tribal nations and indigenous
nations to address the global threat to cultural property rights of indigenous
peoples. Participants at the Caucus articulated the need to address the theft of
cultural property by cornmercial interests and the common difficulty of asserting
indigenous rights in the context of intellectual property regimes that have been
created by nations around the world to protect business interest. Stories were
shared on instances where native sacred symbols, stories, medicine and other
forms of traditional knowledge have been appropriated by commercial interests
without permission and then copyrighted, trademarked or even patented under
non-native government regimes. The Institute has developed a briefing book on
these issues and coordinated a series of meetings in support of an initiative to
organize position and declaration of rights to protect such cultural properties.

Technology Assessment Project. The Institute along with a consortium of
tribal organizations and tribal representatives have been meeting with the Bill
and Melinda Gates Foundation and the Bullit Foundation to determine Tribal
needs for technology use and requirements. The Institute has surveyed the
tribes to determine their level of need such for the development of technology
plans, infrastructure, community technology centers, library/information service
access for tribal & community members, technical assistance and computer
equipment.

st

21° Century Issues for Indian Country: Video Production Series. NIARI
has completed a set of videos, which will be marketed to Native Studies
programs throughout the United States. These videos are based on a two-day
conference entitled: “Caucus of Native Leaders, Activists and Academics,”
sponsored and hosted here at TESC by NIARI. The video series covers several
issues important to tribal governments. NIARI has also developed a teaching
guide to accompany the series and will be targeted at the high school level in


41

range of organizations and tribes, including the Navajo Nation, Ho-Chunk,
Wampanoag, the Alaskan Federation of Natives, Fort Peck, White
Mountain Apache, the Arizona Indian Gaming Association, the Crow Tribe
of Montana, Fond du Lac, Hopi, Cochiti Pueblo, the Oglala Sioux Tribe,
Hualapai, Fort Berthold, the Native American Indian Center of Boston, and
many others. Research results derived from fieldwork are key ingredients
in the broader research findings published by the project.

+ Executive Education — We provide executive education sessions with
individual tribes and First Nations, involving Native leaders, project
managers and other personnel in a review of Harvard Project research
findings and in discussions of the applicability of those findings to specific
tribal or First Nation situations and development challenges. Executive
education programs are focused on constitutional reform, economic
development, and strategic management. A new strategic partnership with
the Native Nations Institute at the University of Arizona (see further below)
is designed to expand the capability of the Harvard Project to deliver
executive education to Native leaders and decision makers.

+ Advisory Services — Harvard Project personnel consult with tribes and
tribal organizations on a wide array of issues, from strategic planning to the
development of governing institutions to assisting with economic
development decisions. These services are provided on a pro bono basis.

* Honoring Contributions in the Governance of American Indian Nations:
Honoring Nations was created in 1998 by the Harvard Project on American
Indian Economic Development. It is an annual awards program that identifies,
celebrates and shares outstanding examples of self-governance among
American Indian nations in the United States. Honoring Nations is supported

‘Statement of Dr. Kenneth Pepion and Prof. Joseph P. Kalt
Harvard University Native American Program