< PreviousAgency Updates - Tribal Self-Governance OfficeTribal Self-Governance ExpansionAfter several years of advocacy, the FAST Act requires the Department Of Transportation (DOT) to establish a Tribal Self-Governance Program modeled largely on Title V of the Indian Self-Determination and Education Assistance Act (ISDEAA) and extend self-governance to all programs available to tribes within the department (e.g., it would allow tribes to include transit funding, discretionary grant funds, and federal-aid funds transferred by a state agency in their funding agreements). Additionally, because this draft amendment is modeled on Title V, it would provide tribes with a tested and successful model to implement the principles of tribal self-determination with protections provided under the ISDEAA.Except for a couple helpful clarifications, the approved version of the Tribal Self-Governance provi-sions mirrors the House reauthorization bill H.R. 3819. That bill, in turn, largely tracked the standalone DOT Tribal Transportation Self-Governance Act, H.R. 1068, introduced by Reps. Peter Defazio (D-OR) and Don Young (R-AK).Implementation and InformationSince passage of this historic legislation, the Self-Governance Communication & Education Tribal Consortium (SGCETC) has hosted a webinar to detail the legislative changes and timeline for the negoti-ated rulemaking process. The Consortium has also requested that the administration appoint a Deputy Assistant Secretary for Tribal Government Affairs at the Department. This position has been statutorily required for over a decade and the expansion of self-governance only increases the need to fill the position.SGCETC expects an announcement from the DOT requesting nominations for Negotiated Rulemaking Committee members, followed by an initial meeting of the committee in June. The Negotiated Rulemak-ing Committee and DOT must finalize and publish a notice of proposed rulemaking on or before Septem-ber 4, 2017 – leaving just over a year to develop the Tribal Self-Governance Program.SGCETC will host a session at the upcoming An-nual Tribal Self-Governance Consultation Conference to provide additional information regarding informa-tion in April 2016. We look forward to supporting tribes while developing the regulations to guide this new extension of self-governance. Terra BransonDirector, SGCETCterrab@tribalselfgov.org www.tribalselfgov.orgTribal Self-Governance OfficeOn Friday, December 4, 2015, President Obama signed the Fixing America’s Surface Transportation (FAST) Act into law, expanding Self-Governance beyond the Bureau of Indian Affairs (BIA) and the Indian Health Service (IHS) for the first time ever.Contact UsFor updated information regarding Self-Governance visit our website www.tribalselfgov.org20TribalNetFoster Care and Indian Child Welfare Programs Benefit from an Integrated Database SolutionFoster Care and Indian Child Welfare Programs Benefit from an Integrated Database SolutionTANFTANFMembers & ClientsMembers & ClientsGeneral AssistanceGeneral AssistanceTreatmentServicesTreatmentServices477 Reporting477 ReportingIndian Child WelfareIndian Child WelfareEnrollmentEnrollmentFosterCareFosterCareTribal CourtTribal CourtContact us for a full list of modules, more information or to schedule a demonstrationwww.handelit.com 877.742.5554 info@handelit.comThe Foster Care Module manages foster home licensing, placements, payments, and respite care and works concurrently with RiteTrack’s other modules including the Indian Child Welfare Module. The ICW Module tracks and reports on requirements of the Indian Child Welfare Act including Active Efforts, involvement of Qualified Expert Witnesses, and out-of-home placement preferences. It also includes assessments, outcomes, referrals, and treatment planning.These modules are built on evidence- and research-based best practices including the Structured Decision Making models for child protection and foster care and track the data needed for the BIA Quarterly and Annual ICWA Report. RiteTrack is known for integrating information from multiple social services onto one database, and it can be implemented incrementally—one department at a time—in a phased approach.RiteTrack offers standardized modules for these programs and othersFeatured Columns - CommunicationsEvery conflict has four goalsDid you know that every conflict has four competing goals? In fact, your conflict is more difficult to solve depending on how many of your four goals are in opposition to the other persons four. Following is a recent true story to illustrate this.Since my work requires a lot of travel, I’ve made a point to stick with one airline so I can receive the perks of frequent flying. One of the ways that loyalty pays off is being part of “Boarding Group 1.”On a recent trip, I arrived at the gate and, as usual, there were a number of people already queued up in the Group 1 line. I stood behind the last person in line, and as other people came after me, they lined up behind one another, all of us obeying the unspoken standing-in-a-line rule. About a minute before board-ing a well-dressed man came up and stood next to me. I almost pointed out the end of the line was about 10 people back, but decided he must be among the rare “Global Services” travelers who use the Group 1 line but are called before Group 1. When the Global Services invitation came the woman in front of me went on board and I stepped one person forward. However, the man who walked up to the middle of the line did not move. And a conflict in me began. “Who does this guy think he is? Surely he won’t step in line behind me and cut in front of everyone else?” But, to my surprise, he did.Now, if you are familiar with Gallup Strengths Finder’s 34 talent themes, you’ll know one of those themes is called “Command.” Among other things, this theme does not hesitate to enter into conflict. Since Command is my top talent theme, without thinking, I did.When he stepped in behind me, I stepped out of line and politely stated, “Why don’t you go in front of me.” He looked a bit surprised, smiled and said, “No, I’m OK, you go ahead.” To which I replied, “I figured you must be in a hurry since you cut in front of everyone.” He glared at me, I scanned my ticket, and we headed down the jet way.Clearly agitated, he breathed, “That was uncalled for.” My initial thought was “Which part, the part where you cut in front of everyone, or the part where I pointed it out?” But, wanting to give him the benefit of the doubt, I instead replied, “You look like a decent person, you must not have seen the others in line.” To which he mused, “Yea, I saw them.” Realizing that my comments were not going to change his behavior, I decided to let it go.So what would you have done? Would you have said anything in the first place? Would you have doubled down when he indicated he knew he was cutting in line? What made him want to escalate the conflict? And why did I choose end it?Each party in a conflict has four goals known as TRIP: 1. Topic – The stated thing we are in conflict over, 2. Relational – How each wants to be treated by the other, 3. Identity - How each wants to be perceived by the other and themselves, and 4. Process – The method used to solve the conflict. Let’s break down this interaction with TRIP. First, the topic. The stated thing we were in conflict over was cutting in line. I felt he should not cut in line, and he cut in line. Initially I did not know if our topic goals were the same or not. There were a number of ways this could have been tested, and I chose a more confrontational one. In retrospect, if I was going to say anything, I should have simply pointed out where the end of the line was, but I didn’t. Why I chose to be more confrontational has to do with the other three goals.Which brings us to the relational goal. This one is a bit subtler and, like the identity goal, is rooted in both our unique wiring as well as our insecurities. In this case I think we shared the same relational goal. That is, we both wanted to be respected by the other. This meant we both wanted to be treated fairly and kindly. I felt he violated this with the other people Andrew TrawickCEOThe Truvian GroupAndrew Trawick, CEO, The Truvian Group22TribalNet“So, whenever you’re in conflict, remember there is much more at play than the obvious topic goal."and he viewed me as violating this with him. That violation was the way I pointed out his cutting in line. I baited him with a seemingly nice comment, causing him to relax, only to throw cold water on him in front of everyone else by exposing either his ignorance, selfishness, or both.While using the bait and switch comment is a process goal, the choice of that process was rooted in my identity goal. The identity goal is not only what we want someone to think when they think of us, but what we want to believe about ourselves. In a perfect world, we would all be concerned with the well-being of others, but, in reality, many times we use others to validate our own worth. To that end some need to feel they are in control, others seek acceptance, some want to be competent, still others, fearing their own survival, want to be seen as highly logical and devoid of feelings. My identity goal was one of competence, which came out as, ‘I’m smarter than you.’ I suspect his was control, which came out as, ‘Nobody can tell me what to do.’Our process goal, that is the process we believe should be used to solve the conflict, was not the same. He felt the method I used was “uncalled for” whereas I felt it was. What caused me to end the confrontation? When he indicated he knew he cut in front of the others I knew I had pushed him to a place where he was not going to back down. I realized his identity goal was being pushed by my chosen process goal.So, whenever you’re in conflict, remember there is much more at play than the obvious topic goal. Realizing this in the moment may help end something before it gets too out of hand. So if someone cuts in line, doesn’t do their job, uses the wrong tone, or does any other of the many things that create conflict, try to figure out as many of the four goals as possible before you speak. That way, when you do speak, you have a better chance of arriving at a solution instead of fueling an escalation.Andrew Trawick has more than 25 years of international business leadership and development experience in over 30 countries. For 12 years he served as CEO of Intelisys Corporation, which provided advanced technology innovations for both Fortune 500 and SMB’s in the financial, technology, health care, and hospitality industries.Mr. Trawick has been retained by business, educational, as well as U.S. and foreign governments to solve human, technology, development and process issues across multi-cultural and international environments. He has provided these services for various industries including hospitality, real estate, technology, health care, food service, finance, and entertainment. Clients include Microsoft, Qwest, U.S. Department of Defense, Cambodian Military, Archstone Smith, Washington Investment Company, Brazilian, and Dominican Public Schools, China University Xian, Brazilian Military Police, Health Beverages, and Verizon Wireless.Featured Columns - CommunicationsSpring 2016Digital Enterprise Management• Asset Discovery and Dependency • Data Center Automation • Asset Compliance • IT Service Management • Big Data Management • IT Operations Analytics and Capacity Optimization • Proactive Performance and High Availability For Additional InformationPlease Contact Jennifer_Paddock@bmc.comMeet Your Vendors24TribalNetRSM US LLPWho We AreRSM US LLP (formerly McGladrey LLP) is the leading provider of audit, tax and consulting services focused on the middle market, with more than 8,000 people in 80 offices nationwide. It is a licensed CPA firm and the U.S. member of RSM Internation al, a global network of independent audit, tax and consulting firms with more than 38,300 people in over 120 countries. RSM uses its deep understanding of the needs and aspirations of clients to help them succeed.Our Message to Tribes: At RSM, we understand the distinct challenges facing American Indian tribes and the gaming indus try. We have gained this understanding by listening carefully to our tribal and gaming clients, and by investing the time needed to become familiar with each client’s strengths, weaknesses, opportunities and concerns. Dwayne EtoPartner and Gaming Industry Practice Leader619.516.1106dwayne.eto@rsmus.comBill WoodworthPartner619.516.1119bill.woodworth@rsmus.comTheresa MerlinoPrincipal206.676.1128theresa.kain@rsmus.comJJ MerlinoConsulting Services Director702-759-4121JJ.Merlino@rsmus.comBeth JohnsonConsulting Services Principal816.751.4071beth.johnson@rsmus.comVISIT US AT TRIBALNET 2016Maximizing your investment in technology requires a grasp of the big picture without losing sight of the smallest details. Come by the RSM booth at this year’s TribalNet conference to meet and visit with our gaming and technology consulting professionals.Meet Your Vendors25Spring 2016How We Bring Value to Tribal Organizations & Enterprises For more than 25 years, RSM has devoted consid erable resources to strengthening our understanding of tribal and gaming concerns—and our ability to address those concerns quickly and efficiently. We have served more than 90 tribes throughout the na tion, gaining valuable experience through our work with tribal councils, tribal boards, economic devel opment committees, gaming operations and gaming commissions.The knowledge we have gleaned from these ef forts, combined with our mastery of accounting and financial reporting, has helped us gain the trust and confidence of our tribal and gaming clients. Focusing on each client’s internal control systems, we work to meet critical deadlines, while ensuring the credibility of the resulting financial statements. Our engagement teams for are comprised of gaming tribal and gaming industry specialists who understand the industry’s unique needs and challenges. Our dedicated, experi enced professionals are poised to understand each client’s aspirations, meet their challenges and support their growth objectives.Products/ServicesRSM offers commercial gaming clients a full suite of assurance and tax services, augmented with specialized consulting services that help our clients improve efficiencies, manage risks and drive better results. We are dedicated to providing clients with the insights needed to make critical business decisions in a complex and sometimes uncertain environment.Every client faces challenges like managing risks, leveraging technology, and new development and expansion. The right solutions require specialized knowledge, on-point experience and the depth of resources to respond quickly. Our capabilities go beyond superb assurance and tax services to include an unparalleled array of specialized gaming consulting services, including financial management, gaming regulatory controls, operations, strategic planning, training and operations, performance improvement and information technology solutions.When you trust the advice you’re getting, you know your next move is the right move. That’s what you can expect from RSM. That’s the power of being understood®.Our Work With Tribal Nations:RSM’s strengths in serving casinos: The nation’s leading provider of assurance, tax and consulting services focused on the middle market• $1.4 billion in revenue annually• Have been serving gaming entities since 1968For more information, visit www.rsmus.com, like us on Facebook, follow us on Twitter and/or connect with us on LinkedIn.Featured Columns - TelecomDespite increased broadband deployments in recent years, the digital divide on tribal lands continues. According to 2015 FCC data, even today approximately 63 percent of tribal land residents lack access to fixed broadband speeds on par with residents of the rest of the United States. This disparity exacerbates already difficult challenges tribes face in preserving their cultures and building infrastructures to support self-governance, economic opportunity, health, education, public safety, and welfare.To address this inequality, a growing number of tribes are deploying their own tribally-owned telecom networks to ensure that their residents and communities have access to reliable, robust, and affordable high-speed broadband Internet. Across most tribes, responsibility for developing, deploying, and operating these networks falls under the responsibility of the tribal IT department. The Karuk Tribe IT department has tackled its own digital divide head-on. Frustrated by the unwillingness of the big telecom providers to offer reliable, affordable, robust high-speed broadband throughout its rural communities, the Karuk Tribe set out to build its own infrastructure and Internet Service Provider (ISP). The project fell under the auspices of the Karuk IT department. Eric Cutright, IT Department Director, said the Karuk Tribe was able to leverage state and federal funding to provide high-speed broadband services. The Tribe’s goal is to create self-sustaining broadband services, separate from IT responsibilities, once the implementation phases of the project have finished.Maintaining responsibility for both telecom and regular IT functions has been a challenge, particularly during the infrastructure construction phase. The Karuk Tribe’s telecom deployment requires large installation time frames, mostly for permitting and environmental compliance. The installation is funded by grants, which allow for equipment and contractor payments, but not payments for staffing. This means that existing staff are required to take on additional duties to handle telecom projects. Eric said he has sent several members of the Karuk IT team to specialized training in order to have the knowledge necessary to deploy and manage telecom projects.Construction for portions of the infrastructure is complete and the Tribe is now making high-speed broadband Internet available to parts of the community. In addition to responsibility for managing the ISP, Eric said the Karuk IT department provides for all the hardware, software, communications, and data needs for all departments in the Tribal government. This includes managing desktops, laptops, servers, printers, VOIP phones, cellular phones, and data wiring. This also includes login services, internet access, database management, data backup and recovery, e-mail, web site maintenance, and data security. The department provides these services to the Tribal Council, the Karuk Tribe Health and Human Services Program, the Department of Natural Resources, the Karuk Tribe Housing Authority, the Karuk Community Development Corporation, and a dozen or so smaller Tribal departments.While initially keeping telecom and IT functions together under one department may make sense from an organizational, operational, and technical perspective, the provision of telecom services quickly strains the already-tight resources of tribal IT departments. Additionally, as ISPs, tribal IT departments essentially become responsible for operating a tribally-owned business. This is even “When it comes to commu-nications, there are some great examples of tribes that have not only made the separation from business and government, but as a bi-product have separated communications services from IT.” Where Does IT End and Telecom Begin…Or Vice Versa?Ron FlavinDirector of Grants EnerTribe, Inc & Native LinkRon Flavin, Director of Grants, EnerTribe, Inc & Native Link26TribalNetFeatured Columns - Telecomfurther complicated by the fact that the purposes and benefits of the tribal telecom infrastructure extend well beyond information technology to include economic development, governance, health, public safety, welfare, education, and service delivery. Consider these many other non-IT aspects of connectivity and it quickly becomes apparent how the impact of the telecom infrastructure extends beyond just information technology. Keeping the information technology and telecom functions within the confines of the tribal IT department can quickly become overwhelming and inefficient. And in order to best meet the needs of the community and build a robust, competitive local economy, it is important that the tribal ISP/telecom be responsive and nimble, able to quickly react to changing market dynamics. Those of us who have spent a considerable amount of time working in Indian Country understand that the lines between communications, IT, economic development, governance, etc., are often quite blurred. These blurred lines create bottlenecks that impede achievement of community-wide goals. Why is that? A key part of the reason for this is that as part of the tribal IT department and tribal government, the tribal telecom/ISP is highly subject to political pressure and nuances. This is partially due to the fact that many tribal governments are relatively young and in various stages of growth, maturity, and economic development. Some have yet to separate business from government and still operate business at the speed of policy—painfully slow. While the separation between business and government is a separate issue, there is substantial overlap with the two. When it comes to communications, there are some great examples of tribes that have not only made the separation from business and government, but as a bi-product have separated communications services from IT. A few examples are; Lac Du Flambeau of Wisconsin (via an economic Development Corp); Confederated Tribes of the Warm Spring Reservation (via a Telco); Confederated Tribes of the Colville Reservation; and of course the “big brother” tribes such as the Navajo, Chickasaw, Choctaw, Cheyenne River, Gila River, and a number of others. While these pioneering tribes have taken the leap and separated telecom and IT functions, the vast majority of our sister and big brother tribes still have yet to take this step. Forest James, CEO of EnerTribe, said he understands why many tribes have a tendency to keep the two functions together. Tribes have a natural sense of community within the government, and as such, everyone pitches in, he said. We wear many hats in Indian Country, often because resources are quite limited. What does all this have to do with the line between communications and IT? The tribal IT departments are often assigned “anything with a blinking light” and naturally, as infrastructure is built out, the IT department serves as an incubator for a communications company. But Forest said there comes a time when this begins to shift. This happens the moment the government does more than serve the government buildings, usually when there is a need to serve tribal enterprise and/or the membership in areas where little to no high-speed broadband Internet or communications exist. Essentially, the separation between IT and communications emerges when the needs outweigh the cost to build out com-munications to both enterprise and membership. Funding often comes to tribes that can be used to further communications infrastructure within the tribal area, so naturally there is a marriage between the two. 27Spring 2016Featured Columns - TelecomWhile there is likely a blending of the two departments, this isn’t ideal. Tribes need to incorporate a “route forward” whereby communi-cations services can grow into its own and operate autonomously from the tribe government, just as a business needs to operate separately. There are several ways this can be accomplished, including building a five-year separation plan into the tribe’s Comprehensive Development Strategy (CEDS); developing a broadband/communications master plan; or creating an economic development corporation that houses the communications services to tribal enterprise and community. These are only a few ways to begin the separation process. Relating back to his experience with the Karuk Tribe’s telecom services, Eric said the separation of telecom and IT services begins when telecom starts to make money of its own accord. IT services are paid for by the Tribal Government for the Tribal government. Telecom services are paid for by the subscribers, which then becomes a revenue stream for the Tribe. As the revenue grows, the telecom side will be able to hire personnel who can focus entirely on telecom responsibilities. It may be that telecom will always be a part of the IT department, but with its own dedicated personnel, the staffing shortage will become much less burdensome. To further separate the governmental and business aspects of telecom and ISP, the Karuk Tribe intends to form its own governing board for telecom services. This board will report to the Tribal Council but will provide a layer of separation. The Tribe also intends to spin telecom services off into its own entity, the type of which has yet to be determined. However that shakes out, having telecom as its own business will greatly facilitate the separation between IT and telecom, while also facilitating responsiveness to the needs of the community. Whether your tribe is currently offering telecom services or is considering it in the future, from all standpoints, it makes sense to begin strategically; considering how and when to separate the business aspect of telecom provision from the IT department. For more than 15 years, Ron Flavin has helped public- and private-sector clients around the globe to secure more than $146 million in funding, enabling them to achieve their goals. Ron has worked with tribal governments throughout the U.S., helping them to secure millions of dollars in funding for infrastructure, law enforcement, public safety, and technology-focused projects. In addition to his grant writing efforts, Ron is a published author and frequently works as a professional grants reviewer for a number of different state and federal funding agencies including the Administration for Native Americans.Ron Flavin, Director of Grants, EnerTribe, Inc & Native Link28TribalNetAgency Updates - FCCThe Office of Native Affairs and Policy (ONAP), created in 2010 by the Federal Communications Commission (FCC), works across the agency and in coordination with the chairman and the commissioner’s offices to develop policies and rules addressing the lack of communications services on tribal lands nationwide. The ONAP consults and coordinates with American Indian Tribes, Alaskan Native Villages, Native Hawaiian governmental organizations, and other native and tribal entities, and is the official FCC contact for these activities. Lifeline In June 2015, the FCC adopted the “2015 Lifeline Reform Order,” which for the first time formally interpreted “the former reservations in Oklahoma” by the geographic boundaries in the Historical Map of Oklahoma 1870-1890 (See Below). The FCC determined that this would improve the administration of the Lifeline program and distribution of enhanced tribal support, and directed the ONAP and the FCC’s Wireline Bureau to consult with the Tribal Nations of Oklahoma to ensure the accuracy of the map. To ensure a smooth transition to the new map for all affected parties, the FCC adopted a transition period, which was due to expire on February 9, 2016.In an order adopted on February 2, 2016, the FCC extended the implementation date to June 8, 2016 and released shapefiles to assist providers and consumers in determining geocoded locations within the “former reservations in Oklahoma.” This extension allows the Commission to evaluate and respond to issues raised by the Cherokee Nation regarding the Cherokee Outlet.See: 2015 Lifeline Reform Order at https://www.fcc.gov/document/fcc-releases-lifeline-reform-and-mod-ernization-item.See: Oklahoma Map Order at https://www.fcc.gov/document/oklahoma-map-implementation-order.See: Oklahoma Enhanced Tribal Lifeline Support Maps at https://www.fcc.gov/general/oklahoma-enhanced-lifeline-support-maps.Modernizing the E-rate ProgramAs part of the overall effort to modernize the E-rate program, the FCC took several actions in 2015 to raise the profile of the program on tribal lands and ensure that tribal schools and libraries are able to effectively participate. The FCC committed to enhancing the agency’s tribal consultation, training, and outreach, in part to gain a better understanding of the state of connectivity among tribal schools and libraries. This data will enable the FCC to take steps that will reduce the digital divide and promote high-speed connectivity to tribal schools and libraries. Tribal specific E-rate training sessions will be held in 2016. Once available, dates and locations will be posted on ONAP’s website, https://www.fcc.gov/general/native-nations.See: E-rate Modernization Order and FNPRM at http://www.fcc.gov/document/fcc-releases-e-rate-order. See: Second E-rate Modernization Order at https://apps.fcc.gov/edocs_public/attachmatch/FCC-14-189A1.pdf. Tribal Radio Priority Rules In 2010, the FCC established a Tribal Radio Priority to expand the number of radio stations owned by American Indian Tribes broadcasting to tribal lands. The Tribal Priority is intended not only to provide radio service tailored to specific tribal needs and cultures, but also to increase ownership of such radio stations by tribes and tribally owned entities.The ONAP, along with the FCC’s Media Bureau, will host a National Tribal Radio Summit in 2016 on how to apply and qualify for the priority and will have both engineering and legal staff members on hand to answer your questions. More information will be posted on the ONAP’s website, https://www.fcc.gov/general/native-nations, once available. See: Tribal Priority Report and Order at https://www.fcc.gov/general/tribal-and-rural-radio.Irene FlanneryActing Chief202-418-1377irene.flannery@fcc.govSayuri RajapakseSenior Legal Advisor202-418-2579sayuri.rajapakse@fcc.govDaniel MargolisLegal Advisor202-418-1377daniel.margolis@fcc.govJanet SievertLegal Advisor202-418-1362janet.sievert@fcc.govThe FCC’s Office of Native Affairs and PolicyFederal Communications Commission29Spring 2016Next >