Guides, Tools and Data

McGirt and Rebuilding Tribal Nations Toolbox

Year

The McGirt decision has changed the legal landscape and created new opportunities for tribal nations starting with the Five Tribes in Eastern Oklahoma and potentially for tribal nations across Indian Country. It also has been the source of confusion, hyperbole, and alarm among some commentators.

The Harvard Project on American Indian Economic Development and University of Oklahoma Native Nations Center McGirt Colloquium Toolbox contains a series of briefing papers that explain the ramifications of McGirt in various areas important to tribes and clarify what is and what is not at issue. These briefing papers help affected tribes chart a pathway toward the effective exercise of post-McGirt tribal powers and productive collaboration with state governments. The briefing papers offer ideas and examples of what these processes and outcomes might look like. In particular, they consider at least eight areas through the lens of a tribal government’s responsibilities to its citizens, to other Indians, and to non-Indians on trust lands and fee lands within the external borders of recognized reservations.

We hope these papers will be shared, and the ideas disseminated, in ways that tribal governments and other partners identify as useful for creating dispassionate, helpful guidance to tribes and states in the post-McGirt era.

Resource Type
Citation

McGirt Colloquium Toolbox. 2021. The Harvard Project on American Indian Economic Development and University of Oklahoma Native Nations Center. https://sites.google.com/g.harvard.edu/mcgirt-rebuilding-nations/home. The Harvard Project on American Indian Economic Development. Retrieved on March 2, 2021.

Case Report: Indigenous Sovereignty in a Pandemic: Tribal Codes in the United States as Preparedness

Year

Indigenous Peoples globally and in the United States have combatted and continue to face disease, genocide, and erasure, often the systemic result of settler colonial policies that seek to eradicate Indigenous communities. Many Native nations in the United States have asserted their inherent sovereign authority to protect their citizens by passing tribal public health and emergency codes to support their public health infrastructures. While the current COVID-19 pandemic affects everyone, marginalized and Indigenous communities in the United States experience disproportionate burdens of COVID-19 morbidity and mortality as well as socioeconomic and environmental impacts. In this brief research report, we examine 41 publicly available tribal public health and emergency preparedness codes to gain a better understanding of the institutional public health capacity that exists during this time. Of the codes collected, only nine mention any data sharing provisions with local, state, and federal officials while 21 reference communicable diseases. The existence of these public health institutions is not directly tied to the outcomes in the current pandemic; however, it is plausible that having such codes in place makes responding to public health crises now and in the future less reactionary and more proactive in meeting community needs. These tribal institutions advance the public health outcomes that we all want to see in our communities.

Resource Type
Citation

Hiraldo D, James K and Carroll SR (2021) Case Report: Indigenous Sovereignty in a Pandemic: Tribal Codes in the United States as Preparedness. Frontiers in Sociology. 6:617995. doi: 10.3389/fsoc.2021.617995

 

Mortgage Lending on South Dakota’s Indian Trust Land: Findings from a Survey of Lenders

Year

Since its formation in 2013, the South Dakota Native Homeownership Coalition (SDNHOC or “the Coalition”) has brought together a diverse group of more than 75 tribal, state, federal, nonprofit, and private sector stakeholders to identify barriers, share innovative solutions, and leverage resources to create a clear path to homeownership for Native people in South Dakota.1 In 2019, as part of this mission, SDNHOC commissioned two capacity-building needs assessments—one to identify the specific capacity-building needs of housing practitioners and other Coalition members, the other to evaluate the barriers and opportunities for lenders providing mortgage financing on Indian trust land. This document is the second of those reports, the needs assessment for lenders.

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Citation

Jorgensen, Miriam and Hope Nation Consulting, LLC. 2018. Mortgage Lending on South Dakota’s Indian Trust Land: Findings from a Survey of Lenders. Kyle, South Dakota: South Dakota Native Homeownership Coalition.

GIDA-RDA COVID-19 Guidelines for Data Sharing Respecting Indigenous Data Sovereignty

Year

Indigenous Peoples around the globe have diverse narratives of resilience and adaptability; however, they are also acutely impacted by the negative social, economic, environmental and health outcomes of COVID-19 (UN Special Rapporteur on the rights of Indigenous Peoples, 2020). As such, it is vital that Indigenous Peoples are included in all aspects of pandemic-related surveillance, research, research planning, and policy.

Systemic policies, and historic and ongoing marginalisation, have led to Indigenous Peoples’ mistrust of agencies and the data/research they produce. For example, Indigenous nation-specific COVID-19 data in the United States have been released by government entities without tribal permission and knowledge. These sensitive data continue to be accessed and reused without consent from Indigenous governing bodies by the media, researchers, non-governmental organisations, and others.

Although this type of data usage is attempting to combat data invisibility of American Indians and Alaska Natives to address gaps, reporting of tribal-specific data is making tribes more visible in ways that can result in unintentional harm and ignores inherent Indigenous sovereign rights. Media perpetuation of misinformation and disinformation is amplifying confusion and harm to Indigenous Peoples.

To avoid increased distrust and harm, and to improve the quality and responsiveness of data activities, Indigenous data rights, priorities, and interests must be recognised in all COVID-19 research activities throughout the data lifecycle, and in ownership of any resulting innovations. We must also acknowledge that expressions of self-determination vary substantially across nation states due to conditions that also undermine the ability of Indigenous Peoples to govern data or enact sovereignty over data.

Native Nations
Resource Type
Topics
Citation

RDA COVID-19 Indigenous Data WG. "Data sharing respecting Indigenous data sovereignty." In RDA COVID-19 Working Group (2020). Recommendations and guidelines on data sharing. Research Data Alliance. https://doi.org/10.15497/rda00052

Data Sources to Assess Tribal Climate and Health Impacts

Author
Year

One of the most time consuming and difficult aspects of conducting climate change and health vulnerability assessments is finding data to assess.

Before tracking down data, you’ll first need to identify the most meaningful and measurable indicators to help you determine the severity and likelihood of potential climate exposures and impacts. Indicators include:

  • Exposure indicators (e.g. Annual Heat Waves)
  • Impact indicators (e.g. Hospitalizations for Heat-related Illness)
  • Population sensitivity indicators (e.g. Uninsured Residents)
  • Adaptive Capacity Indicators (e.g. Households with Air-Conditioning)

Once you know what indicators will be most useful, you’ll need to track down the most credible sources of data for those indicators. You’ll be looking for data that is as location- specific as possible and allows you to evaluate historical, baseline (current), and projected (future) trends. Ideally this data will come in a tool that aggregates and filters the data in useful ways and displays the data visually and spatially in charts and maps. While some data may have to provided internally by the tribe (e.g. Well water levels or Households displaced), below are some of the best aggregated data sources we have come across that allow you to look at local level data.

Resource Type
Citation

Hacker, Angie. "Data Sources to Assess Tribal Climate and Health Impacts." Tribal Climate Health Project. April 11, 2019. Retrieved from: http://tribalclimatehealth.org/data-sources-for-tribal-climate-and-health-impacts/, accessed on April 3, 2023)

Indigenized Communication During COVID-19

Producer
Native Governance Center
Year

During times of crisis, the messages we send to our stakeholders matter more than ever. Tribal governments and Native organizations are on the frontlines of the COVID-19 pandemic and are making important decisions to protect the health and safety of their people. 

As Indigenous people, we believe that our methods and modes of communication should reflect our values. We’ve put together a list of some of the values that guide our approach to nation building and corresponding tips for Indigenized communication during COVID-19. We designed these tips first and foremost for Tribal leaders; we hope that others working to communicate thoughtfully about COVID-19 will find them useful as well. 

The COVID-19 pandemic presents a challenge for all of us. While the situation has already tested our strength and resiliency, it’s also a major opportunity for our communities. We have the chance to come together and build the Indigenized future we want to see. The strategies we use to communicate about our goals and visions during this time are just the beginning.

Native Nations
Resource Type
Citation

Native Governance Center. 2020. "Indigenized Communication During COVID-19." Webinar. (https://nativegov.org/resources/indigenized-communication-during-covid-19/, accessed on July 24, 2023)

Harvard Project: COVID-19 Resources for Indian Country Toolbox

Year

As the country responds to the coronavirus (COVID-19) pandemic, the task before tribal nations is complicated by many unknowns. The Harvard Project recognizes the challenges you're up against and we want to help. We are not experts in the health consequences of the pandemic, but we are monitoring tribal governments' response to the crisis. Across Indian Country, we are witnessing tribal leaders and national Native organizations taking action to protect and position Native nations to see a better tomorrow. These examples and many more make up the contents of this COVID-19 Resources for Indian Country toolbox. We've pulled together resources that demonstrate ways to build governance capacity, illustrate best practices by tribes, provide trusted information about the virus itself, and supply tribal health ordinances intended to meet your immediate needs. Native nation building begins with strong governance, and we hope the examples in this toolbox spark ideas for action that strengthens your community.

Native Nations
Resource Type
Citation

The Harvard Kennedy School Project on Indigenous Governance and Development. "COVID-19 Resources for Indian Country." November 2021. Online Toolkit. (https://sites.google.com/g.harvard.edu/covid-19-resources/..., accessed May 31, 2023.)

Tribal Economic Development: Indian Country’s Policy Recommendations for the Federal Government

Year

Introduction: Across Indian Country, more and more tribal nations are forging impressive records of economic progress. From creating successful nation-owned enterprises to cultivating tribal citizen-owned businesses to preparing their people to take advantage of expanding job opportunities through workforce education and training, they are building sustainable tribal economies to revitalize their communities. Driving this remarkable yet uneven renaissance is tribal self-determination, specifically the responsibility each tribal nation exercises to create a robust economy based on its cultural values, distinct challenges, particular circumstances, and community development priorities. Yet key federal government actions must be taken to foster – and remove the barriers impeding – tribal nations’ efforts to create and sustain jobs and economic growth.

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Citation

Tribal Economic Development: Indian Country’s Policy Recommendations for the Federal Government. February 2019. In collaboration wtih the National Center for American Indian Enterprise Development, National Congress of American Indians, National Indian Gaming Association, Native American Contractors Association, Native American Finance Officers Association, and Native CDFI Network. Washington, D.C. Brief. http://www.ncai.org/ptg/EconDevBrief.pdf

Reclaiming Native Truth: A Project to Dispel America’s Myths and Misconceptions

Year

Reclaiming Native Truth is a national effort to foster cultural, social and policy change by empowering Native Americans to counter discrimination, invisibility and the dominant narratives that limit Native opportunity, access to justice, health and self-determination. Reclaiming Native Truth’s goal is to move hearts and minds toward greater respect, inclusion and social justice for Native Americans.

Resource Type
Citation

First Nations Development Institute and Echo Hawk Consulting. 2018. Reclaiming Native Truth: A Project to Dispel America’s Myths and Misconceptions. Longmont, CO: First Nations Development Institute.

Wrapping Our Ways Around Them: Aboriginal Communities and the CFCSA Guidebook

Author
Year

This Guidebook is based on the belief that Aboriginal peoples need to know, and work with, the systems that impact children and families today such as the Child, Family and Community Service Act (CFCSA), Provincial Court (Child, Family and Community Service Act) Rules (Rules), Child, Family and Community Service Regulation (CFCSA Regulation), Ministry of Children and Family Development (MCFD) and delegated Aboriginal agencies.

Exercising exclusive jurisdiction over child welfare remains the goal for Aboriginal peoples: Restoring Aboriginal ways of doing things, especially in caring for children, is essential for the health and well-being of children and families. Successive generations of Aboriginal children continue to be taken into the child welfare system. Without intervention, experience has shown that the outcome for these children will be bleak and reverberate outward, influencing the future of entire families, communities and nations. This Guidebook suggests immediate steps that can be taken on the ground we are standing on–within the CFCSA and systems that impact Aboriginal children and families today–to improve outcomes for Aboriginal children while building toward a better future.

Resource Type
Citation

Walkem, Ardith. Wrapping Our Ways Around Them: Aboriginal Communities and the CFCSA Guidebook. ShchEma-mee.tkt Project. Nlaka’pamux Nation Tribal Council. British Columbia, Canada. 2015. Guide. (http://cwrp.ca/sites/default/files/publications/en/wowat_bc_cfcsa_1.pdf, accessed May 29, 2015)