Tribal Sovereignty Curriculum Training: Since Time Immemorial

1. Since Time Immemorial Sovereignty Curriculum Office of Native Education (ONE)OSPI Robin Butterfield 971-506-5338 robinbutterfield@gmail.com

2. Welcome to the Since Time Immemorial Tribal Sovereignty Curriculum Training! • Please sign in. • Pick up your packet. • Take a few moments to draw your own sacred space, a place which has special meaning and significance to you.

3. That’s me I came here eager to learn.

4. Basic Training components Setting the stage/building the climate Deepening understanding of tribal sovereignty Navigating the website Modeling some sample lessons Beginning lesson development and planning

5. Review of Documents Overview, History, and Partnering Terms and Timelines

6. Since Time Immemorial BINGO • Sign your name in the center square. • Sign only one square for another person. • Learn as you go. • Going for a blackout, but call out when you have a BINGO in any direction.

7. Since Time Immemorial BINGO What?- So what?- Now what?

9. Objectives of an AI/AN Culturally Appropriate Curriculum: • Strengthens the self-concept for Native students by giving credence to their culture in the daily activities of the classroom. • Increases students’ motivation by making school experience more relevant and meaningful. • Helps teachers and all students acquire knowledge and self respect and increase appreciation for human and cultural diversity. • Makes teaching an learning more fun!

10. American Indian/Alaska Native Greetings • Aneen • Po’so • Big ettnuma • Sa go’le • Lol ma • Ni do shatsii

11. Guiding principles: 1.Teach with a multiple perspectives approach. 2. Focus on the tribal group(s) closest to the school first. 3. Deal with real life, sometimes controversial issues. 4. Recognize that culture is dynamic and always evolving. 5. Connect the head with the heart with the hands for healing. 6. Stress the resiliency of Native cultures, despite intentional oppression and neglect. 7. Emphasize that co-responsibility for change involves developing allies who know how to take action.

12. Guiding Principle 1 • Teach with a multiple perspectives approach.

13. Intersection

14. Truth is an eternal conversation about things that matter. Parker Palmer

15. Ramona’s Lesson—Diary Situation Since your ships’ first landing in the New World, you have had constant contact with various Indian tribes. The first Indians were generally friendly. They often were very helpful. While there were some difficulties, the local Indians were basically friendly. They came to your aid during that first winter. Without them, you probably would not have survived. They have been welcomed into your homes and have often shared your meals, your good times, and your sorrows. Now tragedy has struck. Last Friday a well organized Indian attack was launched across your colony. Several hundred colonists—men, women, and children—were slaughtered. Many of these colonists were killed at their dinner table, with their own guns as they shared their meal with their “friends.” This attack came as a total surprise and shock.

17. History, despite its wrenching pain, cannot be unlived, but if faced with courage, need not be lived again. Maya Angelou President Clinton’s Inauguration

18. Guiding Principle 2 • Focus on the tribal group(s) nearest the school. Guiding Principle 3 • Deal with real life, sometimes controversial issues.

19. Guiding Principle 4 • Recognize that culture is dynamic and always evolving. Guiding Principle 5 • Connect the Head with the heart with the hands for healing

20. Connect head with heart with hands for healing • Teach Indian education on all four levels: • Head - factual information • Heart - attitude and feelings • Hands - what you do • Healing - greater respect for human diversity

21. Guiding Principle 6 • Stress the resiliency of Native cultures, despite intentional oppression and neglect. Guiding Principle 7 • Emphasize that co-responsibility for change involves developing allies who know how to take action.

22. Co-Responsibility • Speaking out for social justice • Moving beyond our narrow self-interests • Embracing community-building and stewardship for others • Sharing in the problem-solving responsibility • Focusing on systemic change Has social action as its outcome!

23. Guiding principles: 1.Teach with a multiple perspectives approach. 2. Focus on the tribal group(s) closest to the school first. 3. Deal with real life, sometimes controversial issues. 4. Recognize that culture is dynamic and always evolving. 5. Connect the head with the heart with the hands for healing. 6. Stress the resiliency of Native cultures, despite intentional oppression and neglect. 7. Emphasize that co-responsibility for change involves developing allies who know how to take action.

24. Deepening Understanding of Tribal Sovereignty

25. What do we already know about Tribal Sovereignty? • Think/pair/share

26. Common Misconception "Tribal sovereignty means that. It's sovereign. You're a ... you're a ... you've been given sovereignty and you're viewed as a sovereign entity."

27. Right or Privilege Activity

28. Right or Privilege Activity • Distinction between personal rights, rights of groups, and rights of nations. • Rights issues are complex and often taken to courts. • Courts have tended to rule in favor of Tribal rights. • The legal agreement between Tribes and the federal government is why there is a distinction between Indians and other racial/ethnic groups.

29. Powers Inherent to Sovereigns • To determine form of government • To make and enforce laws • To define conditions for citizenship in the nation • To regulate domestic and international trade • To impose and collect taxes • To regulate property use • To regulate domestic relations of its members (marriage, divorce, etc.) • To appropriate monies • To establish a monetary system • To make war and peace • To form alliances with other nations through treaties, contracts, or agreements

30. Tribal Sovereignty affects every issue that tribal communities are facing, including: • Education • Environmental Protection • Healthcare • Safety and Security ( including civil and criminal jurisdiction) • Taxation • Economic Development

31. General Considerations • An understanding of tribal sovereignty is key to understanding many controversial issues involving American Indians. • Tribal sovereignty is best understood in the context of lessons on politics and government. • Concepts related to tribal sovereignty can be introduced as early as 3rd-4th grade.

32. Treaties and Treaty Making • Treaties are formal, negotiated agreements between sovereign governments. • Each party takes on certain responsibilities and obligations, which limit the exercise of sovereignty for both parties. • Under Article VI of the U.S. Constitution, treaties are part of the “Supreme Law of the Land.”

33. United States Constitution, Article VI “This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. “

34. Article I: Commerce Clause Section 8: The congress shall have the Power to lay and collect taxes, Duties, Imposts and Excises, to pay the debts and to provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises, shall be uniform throughout the United States; To borrow Money on the credit of the United States; To regulate Commerce with foreign Nations’ and among the several states, and with the Indian Tribes…

35. Treaties are land contracts or grants of rights to the United States by Tribes. • Through treaties, Tribal rights are: -Expressly retained -Expressly relinquished -Not expressly relinquished

36. Powers Retained by Tribes • Right to form a government • Right to determine tribal membership • Right to regulate tribal lands • Right to regulate individually owned lands • Right to tax • Right to maintain law and order • Right to regulate conduct of non-members • Right to regulate domestic relations • Right to engage in and regulate commercial activity

37. Misconception of Treaties in Washington State • Initiative 456, approved November 6, 1984 “….No citizen shall be denied equal access to and use of any resource on the basis of race, sex, origin, cultural heritage, or by and through any treaty based upon the same.” • Federal law supersedes state law and thus this state law is illegal.

38. Indian Citizenship Act of 1924 "BE IT ENACTED by the Senate and house of Representatives of the United States of America in Congress assembled, That all non citizen Indians born within the territorial limits of the United States be, and they are hereby, declared to be citizens of the United States: Provided That the granting of such citizenship shall not in any manner impair or otherwise affect the right of any Indian to tribal or other property. (Approved June 2, 1924)"

39. Elementary Lesson “Sacred Spaces” Lesson

40. Navigating the “Since Time Immemorial” Website www.indian-ed.org Server: PW:

41. Sovereignty Curriculum Structure Essential Questions Five Outcomes Levels 1-2-3 Alignment with Common Core Curriculum Based Assessments

42. February 12, 1974 U.S District Court Judge George Hugo Boldt handed down the decision in United States v. Washington. Judge Boldt ruled that the eight treaties negotiated between the tribes of the Puget Sound and the United States, remained fully in force, that the tribes were and continue to be sovereign governments with authority to regulate salmon harvesting, and that tribes had the right to harvest 50% of all salmon in the Pacific Northwest.

43. Jerry’s diagram

44. Middle/High School Lesson Boldt Decision Role play: • What concerns will your group have about the Boldt decision? • What perspective will your group bring to the discussion of fairness? • What other issues could be explored using the multiple perspectives approach?

45. When Tribal treaty rights issues are contended in the courts, rulings tend to be in favor of the Tribes because Tribes have granted privileges to the U.S. government.

46. Canons of Treaty Law • Treaty Laws are interpreted as contracts. • If issues are unclear or ambiguous, they tend to be interpreted by the courts in favor of the Tribes. • Court rulings about treaties are interpreted as Tribes interpreted them at the time when the treaty was signed.

47. The Boldt Decision set a precedent for government-to-government cooperation in other areas, a balance of power that previously had not been taken seriously by the state. Among the major changes that followed the decision: • 1988Puyallup Land Claims Settlement • 1988National Indian Gaming Regulatory Act • 1989 Centennial Accord • 1994 Shellfish Decision (US District Judge Edward • Rafeedie) • 2007 Boldt II • 2011 Removal of Elwha Dams

48. SHB 2080 (2014) Vacating Convictions for Certain Tribal Fishing Activities Every person convicted prior to January 1, 1975, of violating any statute or rule regarding the regulation of fishing activites…who claimed to be exercising a treaty Indian fishing right, may apply to the sentencing court for vacation of the applicant’s record of the misdemeanor, gross misdemeanor, or felony conviction for the offense. If the person is deceased, a member of the person’s family or an official representative of the tribe of which the person was a member may apply to the court on behalf of the deceased person.

49. “The truest and most profound fact about the Boldt Decision is that it was conceived and accomplished by Indian people themselves. …Without a doubt, the many dedicated and able people the tribes drew in because of the rightness of their cause-including the Native American Rights Fund (NARF)Executive Director and lead attorney David Getches and Judge Boldt himself-made major contributions. But it was the Indian people at the council tables, on the rivers, on the shores, at the smoke houses and at the sacred sites who had the vision, strategy, and fierce determination to carry out a victorious crusade that at the beginning seemed impossible to all but themselves.” Charles Wilkinson(2014) University of Colorado School of Law

50. “Repatriating Ourselves”