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.

get more stories like this via email

CORRECTION: An earlier version of this article incorrectly referred to Tribal Nations as Tribal stakeholders. It also did not mention the National Monument Designation would be within the National Park System. (8:37 a.m PST, May 1, 2024)

Native American tribes in Nevada are calling for designation of a new national monument within the National Park System in east central Nevada.

They say Bahsahwahbee, commonly known as Swamp Cedars in White Pine County, holds cultural and spiritual significance for tribal nations.

Alvin Marques, chairman of the Ely Shoshone Tribe, explained Bahsahwahbee was a place of religious gatherings, healing ceremonies and celebrations, which made it a target for settlers who expanded into Indigenous "Newe territories" of the Western Shoshone Tribe. It was also the site where the largest known Indian massacre in U.S. history took place.

Marques said the federal government now has the chance to stand with tribes and honor Bahsahwahbee.

"It, in the past, was a place of celebration and became a place of mourning," Marques emphasized "It means enough to me that it needs to be protected forever. It would mean a lot for all the tribes involved and it's way overdue."

He pointed out before the tragedies, Bahsahwahbee was a place of happiness and should be remembered for both the good and bad. He added people from across the Great Basin still go to the area to visit their ancestors, pray and hold ceremonies. Three tribes are collecting signatures with the goal of getting Bahsahwahbee designated as a national monument.

While he cannot speak for all Nevadans, Marques suspects many in the Silver State probably are not aware of what happened at Bahsahwahbee. He feels confident high-ranking government officials are demonstrating strong support to stand with the tribes to preserve and commemorate what Marques calls a "sacred place."

"Time is running out, so we need action now," Marques stressed. "It's time for the federal government and our representatives to center our tribes and our history, and do the right thing, which is how the tribes have proposed this monument."

He added a national monument designation within the National Park System also would help familiarize more people with the Bahsahwahbee story. Those opposed to the monument recognition argued Nevada already has too much public land where uses are restricted, but proponents argue this is false.


get more stories like this via email

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.

get more stories like this via email

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."

get more stories like this via email