Piliero Mazza &
Pargament, PLLC


Vol. 2, Issue 3
March 2000


Addressing Tribal and Alaska Native Corporation
Legal and Business Issues


The articles shown here
are excerpts --
if you'd like to subscribe
to Tribal Advocate, please
contact Susan Brock at
(202) 857-1000 or at



A R T I C L E S


REGULATION
Proposed Land Acquisition Regulations Elicit Wide Range of Comments



LAW ENFORCEMENT
Benefits and Pitfalls of Cooperative Agreements Between Local and Tribal Police Authorities



ANC Issues
Proposed Regulations Establish Procedure for Eligible Veterans to Submit Allotment Applications



INTERVIEW
With Anthony J. DeLuca
Director of the Air Force Office of Small and Disadvantaged Business Utilization in Washington, D.C.




ASK THE ADVOCATE
What effect will the changes recently proposed by the DOD have on the use of the Indian Incentive Program for DOD contracts?




H O M E


P U B L I C A T I O N S




REGULATION

Proposed Land Acquisition Regulations Elicit Wide Range of Comments

The comment period for the proposed land acquisition regulations promulgated by the Bureau of Indian Affairs ("BIA") ended in November with over eight hundred comments submitted. While most of the comments were either in outright opposition or called for substantial changes, the reasons for the opposition and the recommended changes were diverse.

The National Congress of American Indians ("NCAI") took the lead in reviewing the proposed regulations and making recommendations. In addition, the NCAI assisted numerous tribes around the country in coordinating their comments to emphasize specific items in the proposed regulations that are of general concern to tribes.





LAW ENFORCEMENT

The Benefits and Pitfalls of Cooperative Agreements Between Local and Tribal Police Authorities

Establishing and maintaining a cooperative relationship and open channels of communication between tribal law enforcement programs and neighboring law enforcement agencies is essential to the effectiveness of a tribal law enforcement program. Good liaison between tribal and local authorities can assist in breaking down barriers that may exist between the two authorities and can contribute to more efficient and effective law enforcement operations on both sides.

Many tribal police departments encounter difficulties in dealing with local police authorities, largely due to a common misunderstanding regarding jurisdictional issues. Many local authorities believe that they do not have jurisdiction on tribal reservation land, even if the state has assumed jurisdiction pursuant to Public Law 83-280. (See article entitled The Practical Effect of Public Law 83-280: A Basic Overview in the February issue of the Tribal Advocate for a discussion of the application and consequences of Public Law 280.) In many instances, this perception is misguided and incorrect. Many local authorities also refuse to arrest or prosecute individuals committing crimes on reservation land, even where the tribal court does not exercise criminal jurisdiction. For those authorities whose tribal courts do not exercise criminal jurisdiction, this shirking of responsibility by the local police authorities is particularly troubling, especially where crimes are being committed by non-Indians who do not live on the reservation.


BACK TO TOP


ANC ISSUES

Proposed Regulations Establish Procedure for Eligible Veterans to Submit Allotment Applications

In 1906, Congress passed the Native Allotment Act ("NAA") which allowed Alaska Natives to request allotments of land from the federal government. This law was repealed in 1971 by the passage of the Alaska Native Claims Settlement Act ("ANCSA"). In anticipation of the repeal of the NAA, many Alaska Native supporters attempted to contact eligible Alaska Natives who had not applied for their allotments to notify them of their status and assist them with their applications. However, many Alaska Natives were serving in the military at this time and were unable to file allotment applications before the NAA was repealed.

In 1998, Congress passed the Alaska Native Veterans law ("ANV") providing eligible Alaska Native veterans with the opportunity to file allotment applications. On February 8, 2000, the Department of the Interior, Bureau of Land Management ("BLM"), published proposed regulations implementing the provisions in the ANV. To qualify for an allotment under the proposed regulations an individual must (1) have been eligible for an allotment under the NAA prior to its repeal; (2) be a veteran who served at least six months between January 1, 1969 and June 2, 1971, or enlisted or was drafted after June 2, 1971; (3) not have already received conveyance or approval of an allotment, unless received through inheritance, devise, gift, or purchase; and (4) not have had a Native allotment application pending on October 21, 1998.

BACK TO TOP


INTERVIEW

Tribal Advocate Speaks with Anthony J. DeLuca
Director of the Air Force Office
of Small and Disadvantaged Business Utilization
in Washington, D.C.

On February 9, 2000, the Tribal Advocate had the pleasure of speaking with Anthony DeLuca regarding government contracting opportunities available to ANCs, Tribes and Native American-owned businesses through the United States Air Force/Department of Defense. Mr. DeLuca is responsible for the leadership, management and oversight of the Small and Minority Business Program for the Department of the Air Force. He has played a significant role in the recruitment and training of Indian and ANC-owned businesses with regard to government contracting opportunities within the Air Force and the Department of Defense.

This is the first of a two-part interview with Mr. DeLuca.

Tribal Advocate (TA): What has the United States Air Force and/or the Department of Defense done in the way of establishing programs for the benefit of ANCs, Tribes or Native American-owned Businesses ("NAB")?

Tony DeLuca (DeLuca): We have worked diligently with tribes and ANCs to develop training and technical assistance programs and to assist these groups in breaking into the government contracting market. For example, in March of 1998, I began meeting with several NAB owners in Montana. Eventually, these meetings led to the formation of what we call the "Air Force of Montana/Wyoming Native American Initiative." This is a joint initiative between the Air Force and the Native American Development Corporation in Montana and Wyoming. Through this group, we have been able to provide technical assistance to many NABs and have brought some of the firms into our Manufacturing Technical Assistance Pilot Program. We have also appointed Dale McNabb as the Air Force Native American Advocate to assist in reaching out to NABs and ANCs and getting them involved in contracting through the Air Force/Department of Defense. ASK THE ADVOCATE

Q: What effect will the changes recently proposed by the Department of Defense (DOD) have on the use of the Indian Incentive Program for DOD contracts?

A: The proposed rule that was published in the Federal Register on November 18, 1999, will implement the changes included in the DOD Appropriations Act for fiscal year 1999 allowing small businesses to participate in the Indian Incentive Program through DOD contracts.

The Indian Incentive Program provides for the payment of incentives to government contractors that use Indian-owned businesses as subcontractors. Prior to fiscal year 1999, the DOD appropriations bill limited participation in this program to those contractors that submitted small business subcontracting plans pursuant to the Small Business Act. Because small businesses are not required to submit these plans, they were excluded from participating in the Indian Incentive Program under DOD contracts. However, the DOD Appropriations Act for fiscal year 1999 eliminated the subcontracting plan requirement, thus allowing small businesses to receive payments under the Indian Incentive Program for using Indian-owned businesses as subcontractors.

BACK TO TOP



ASK THE ADVOCATE

Q: What effect will the changes recently proposed by the Department of Defense (DOD) have on the use of the Indian Incentive Program for DOD contracts?

A.
The proposed rule that was published in the Federal Register on November 18, 1999 will implement the changes included in the DOD Appropriations Act for fiscal 1999 allowing small businesses to participate in the Indian Incentive Program through DOD contracts.

The Indian Incentive Program provides for the payment of incentives to government contractors that use Indian-owned businesses as subcontractors. Prior to fiscal year 1999, the DOD appropriations bill limited participation in this program to those contractors that submitted small business subcontracting plans pursuant to the Small Business Act. Because small businesses are not required to submit these plans, they were excluded from participating in the Indian Incentive Program under DOD contracts. However, the DOD Appropriations Act for fiscal year 1999 eliminated the subcontracting plan requirement, thus allowing small businesses to receive payments under the Indian Incentive Program for using Indian-owned businesses as subcontractors.

BACK TO TOP
BACK TO TOP


888 17th Street, NW
Suite 1100
Washington DC 20006
202.857.1000
202.857.0200 Fax


Legal Notice