HELENA, Mont. - COVID-19 is underscoring the importance of ensuring that people's estates are in order, but estate planning can be be tricky for tribal members. That's why Montana Legal Services Association and the Indian Land Tenure Foundation have partnered to develop a do-it-yourself online form.
Many tribal members own land through a trust in which the legal title is held by the U.S. government.
But Kathryn Seaton - the tribal law practice group staff attorney with Montana Legal Services Association who heads the Indian Wills program - said over time, owners of these trust lands have grown into hundreds or thousands, making it hard to use the land.
She said the problem is that when people die without a will, the land is split evenly among heirs.
"It's important for tribal members to have wills," said Seaton, "so they can determine what happens with their tribal trust land and to ensure that it's going to go to who they want it to go to and to not continue to fractionate interests into smaller and smaller portions."
The "Indian Will-in-a-Box" is a free online form to help Native Americans draft their wills and determine what will happen to their estates.
Seaton said the program has come out at the perfect time, since services have moved online over the past year to prevent the spread of COVID-19. She said the form gives helpful information as folks fill it out.
"The form itself also provides little help pop-ups that give definitions so people can just go through, answer all the questions, review all of the information that's contained in the form and then get their document at the end," said Seaton. "It will create the document for them."
Seaton said remote services are hard to provide in tribal communities.
"There can be a lack of access to just simply broadband service or internet service or even phone service," said Seaton. "Access to computers, access to smartphones, etc. So that's always a barrier."
She said her organization is considering ways to bring internet access to these communities.
Seaton added that it's been hard to get documents remotely notarized because people often need a credit history for these services.
Montana Legal Services Association is a nonprofit that provides civil legal aid to low-income folks.
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A Nevada grassroots organization has launched its inaugural endorsement process for the 2024 elections in an effort to champion indigenous voices in the Silver State.
Taylor Patterson, executive director of the Native Voters Alliance Nevada, said the state is getting better about tribal and indigenous representation but contended there is still a long way to go. Nevada is home to 21 federally recognized tribes and 28 reservations, but only one Native legislator.
Patterson explained they saw the need to be more engaged with issues from the top to the bottom of the ticket.
"I think very easily we can forget that Native people are everyday people," Patterson observed. "I think it has been painted in a very specific way of 'still is very much a person of the past,' but there are people who are in all different spaces that are engaging with the government in a multitude of ways that need to be represented."
Patterson acknowledged the state does have elected officials who understand the needs of the Native community but hopes the new initiative will give those who are not familiar with the Native space an opportunity to learn more.
Last summer, Republican Gov. Joe Lombardo expanded Nevada's Effective Absentee System for Elections program program, which requires election clerks to meet with all tribes located in their respective jurisdictions to coordinate voting locations prior to elections.
Patterson noted they have had a good response from candidates and she is pleased to know officials are starting to realize the meaning and value of an endorsement from Native Voters Alliance Nevada. She said her organization can help provide politicians with access to Indigenous communities.
"In recent years there has been so much made of sort of this 'BIPOC' label," Patterson emphasized. "I very often have to remind all sorts of people, whether those are federal agencies or elected officials, you're not truly working with the BIPOC vote share or BIPOC people if you're not working with the 'I.'"
Patterson added the endorsement process will be instrumental to shaping policy and governance in the Silver State.
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Next week, Native American leaders from the Midwest will go before a United Nations panel with their concerns over a controversial oil pipeline they say is trespassing on tribal lands.
Enbridge's Line 5 operation in the Great Lakes region is expected to be a topic when the Permanent Forum on Indigenous Issues convenes Monday in New York.
In the Midwest, the law firm Earthjustice represents some Tribes contesting the rerouting of Line 5 in Wisconsin. There, managing attorney Debbie Chizewer said climate change is affecting the region and tribal nations' ability to exercise their treaty rights.
"The perpetuation of this fossil-fuel infrastructure will only worsen that," she said, "and will affect their special tribal resources, like sugar maple and loons, and whitefish and other species that are an integral part of Bay Mills and other tribal nations."
The pipeline runs through Wisconsin and Michigan, traversing the treaty-reserved territory of tribal nations, including the Bay Mills Indian Community and Bad River Band of Lake Superior Chippewa. Enbridge rejects those claims and has said it isn't trespassing on tribal lands.
Similar cases have been filed in other parts of the Midwest. In Michigan, opponents have said they're worried about Enbridge's plan to construct an oil tunnel beneath the Great Lakes. The company has claimed it would be safer than the existing pipeline, but Native American Rights Fund senior staff attorney Wes Furlong said he sees it as a disaster waiting to happen.
"There is a likelihood that if a leak happened within that tunnel, it would cause a catastrophic failure," he said. "Essentially, the tunnel could explode underneath the Straits of Mackinac, pumping crude oil into the strait and into the Great Lakes."
Furlong said pushing back against Line 5 aligns with calls to reduce the use of fossil fuels, citing its connection to climate change and the impact on treaty-reserved resources in the Midwest, on which Tribes rely.
"There's pending litigation over the State of Michigan's order to shut down the pipeline, and ordering Enbridge to vacate the state-owned bottomlands of the Strait of Mackinac," he added. "So, that would spell, I think, the end of Line 5 as we know it."
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The Nebraska Winnebago Tribe's Ho-Chunk Community Development Corporation, or HCCDC, has been awarded $2 million through MacKenzie Scott's Yield Giving company.
Some 6,300 nonprofits applied to Yield Giving's open call for grants. The HCCDC was among 279 to receive a top tier rating. In the next-highest tier, 82 organizations each received $1 million.
Kristine Earth, executive director of the corporation, said the Tribe has a lot to be proud of but a lot of work left to do.
"We're so excited and are so thankful for this generous gift for our community," Earth stated. "We do have a lot of issues; we have a lot of health disparities. And so, a donation like this really is going to make an impact for our entire Tribe as a whole."
HCCDC marks its 20th anniversary this year, working to improve economic, educational and social opportunities for tribal members. Earth pointed out they have five key initiatives: housing development, commercial development, financial services, quality of life and food sovereignty.
The Winnebago Tribe has experienced huge growth in its middle class in the past few decades but roughly 30% of its members still live in poverty. HCCDC created a farmer's market, which Earth says is helping them address both health disparities and food sovereignty.
"Through our farmers market, now we're able to touch on not only agriculture and tribal farming, but also our health care system," Earth outlined. "Offering the fresh fruits and vegetables and the Indian corn; things that will restore the health of our people."
Earth added Winnebago is in a "food desert," making food security a major focus for the Tribe.
"It's hard for people to access fresh fruits and vegetables, and we have such a growing community," Earth stressed. "We are all coming together to grow our own food and to feed ourselves, so we can be sustainable in the future."
On the website, MacKenzie Scott called all the open call grant winners "vital agents of change." Scott's Yield Giving organization has donated more than $17 billion to 2,300 nonprofit organizations since 2019.
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