Sovereignty

Policy Explainer: The Role of Higher Education Institutions in Upholding the Federal Trust Responsibility as Applied by Arizona State University

kssatter — Tue, 15 Apr 2025 18:04:19 +0000

Policy Explainer: The Role of Higher Education Institutions in Upholding the Federal Trust Responsibility as Applied by Arizona State University

kssatter April 15, 2025

AIPI Blog

Policy Explainer: The Role of Higher Education Institutions in Upholding the Federal Trust Responsibility as Applied by Arizona State University

This brief follows up on the recent AIPI Policy Explainer: Federal Trust Responsibility and Higher Education, which clarified the status of programs supporting American Indian students in higher education in response to recent legal and policy developments by explaining that Federal relationships with Tribal Nations and their citizens/members are based on political distinctions rather than racial classifications.

This brief examines how Arizona State University (ASU) upholds the Federal Trust Responsibility through its long-standing commitment to Tribal Nations and their citizens/members. In alignment with its Charter, which states that ASU measures itself “by whom it includes and how they succeed,” the University acknowledges the significant presence and contributions of Tribal communities.

Recently, ASU President Michael Crow reaffirmed the University’s commitment to Tribal Nations, citizens, and members in a letter dated March 25, 2025, stating,

“Our relationship with tribal nations and communities is an extension of the federal trust responsibilities that are recognized in the U.S. Constitution, treaties, executive orders, and judicial decisions as a government-to-government relationship. ASU has established tribal consultation protocols that honor and recognize tribal sovereignty and self-governance—with longstanding investments in Indian country that generates economic vitality benefiting the entire State.”

He further reiterated ASU’s enduring commitment first articulated in his 2015 statement, “ASU Commitment to American Indian Tribes”:

Further, “We are dedicated to supporting tribal nations in achieving futures of their own making while building and strengthening leadership capacities to address challenges for Native nations in the 21st Century and beyond.”

Legal Foundation for University Programs Serving Tribal Members/Citizens:

As demonstrated in the Brief as mentioned earlier, the legal foundations for universities serving tribal members/citizens is based on the facts that 1) tribal citizenship Is a political distinction, not a racial classification, 2) the Federal Government has a Legal and treaty-based obligation to support American Indian education, and, 3) non-tribal universities have a role in upholding the Federal Trust Responsibility.

In a letter dated February 20, 2025, Tohono O’odham Nation Chairman Verlon Jose addressed this legal foundation in a statement to the Arizona State Senate leadership:

“Maintaining programs that benefit federally recognized tribes, and their members, does not amount to impermissible racial discrimination. It is important to acknowledge that state and federal programs, including university programs, designed to benefit federally recognized tribes, and tribal members, are not race-and sex-based preferences functioning under the guise of diversity, equity and inclusion.”

Chairman Jose notably highlights a critical legal distinction: educational initiatives grounded in Tribal citizenship and the federal trust responsibility are political in nature and therefore remain constitutionally valid and legally protected.

ASU’s Tribal-Focused Programs and Initiatives

ASU supports American Indian, Alaska Native, and Native Hawaiian students, faculty, and communities through a robust network of academic programs, research centers, and government-to-government partnerships:

Research, Policy and Outreach Centers

American Indian Policy Institute – Focuses on Tribal governance and policy.
Center for Tribal Digital Sovereignty – Supports Tribal governments in digital governance.
Indian Legal Program - Trains the next generation of Indian country lawyers and leaders in partnerships with many Tribal Nations, private and governmental entities.
Center for Indian Education – Researches American Indian/Alaskan Native and Native Hawaiian education.
Labriola National American Indian Data Center – Provides resources for Tribal librarianship and archival research.

Degree Programs

American Indian Law, American Indian Studies, and social work programs specializing in American Indian/Alaskan Native and Native Hawaiian issues.

Tribal Partnerships and Consultation

Formal consultation processes with Tribal governments on research, land use, and education.
Tribal Institutional Review Boards to ensure ethical research practices.

Conclusion

Despite evolving legal interpretations of education policies, programs designed to support Tribal students remain legally protected under the U.S. Trust Responsibility to Tribal Nations. These programs are rooted in Tribal sovereignty, treaty obligations, and federal law, not racial classification. Universities and state governments play a critical role in ensuring that American Indian/Alaskan Native and Native Hawaiian students receive the educational support promised through centuries of federal commitments.

ASU’s example shows how public universities can actively fulfill their share of the trust responsibility through collaboration, consultation, and sustained investment in Native communities. Understanding and upholding these responsibilities is essential for university leaders, educators, and policymakers to ensure that American Indian, Alaska Native, and Native Hawaiian students continue to access the educational opportunities promised to them under centuries of federal commitments.

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References

Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988. (1988, April 28). https://www.congress.gov/bill/100th-congress/house-bill/5

Eugene Volokh, The California Civil Rights Initiative: An Interpretive Guide, 44 UCLA L. Rev. 1335 (1997) (“The government categorizes individuals based on political affiliation in various manners…. Tribal Indians … are part of a political entity that is specifically recognized by federal law and the U.S. Constitution, rather than an ethnic group that lacks independent legal status.”)

Exec. Order No. 3416, 3 C.F.R. 3 (2025). https://www.doi.gov/document-library/secretary-order/so- 3416-ending-dei-programs-and-gender-ideology-extremism

National Archives. (n.d.). Ending Illegal Discrimination and Restoring Merit-Based Opportunity. Federal Register: Executive Order 14173.https://www.federalregister.gov/documents/2025/01/31/2025-02097/ending-…

Sandra Day O’Connor College of Law. (n.d.). Libguides: Indian law: Indian education. Indian Education - Indian Law - LibGuides at Arizona State University - College of Law. https://libguides.law.asu.edu/indianlaw/education

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April 15, 2025

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Policy Explainer: Federal Trust Responsibility and Higher Education

kssatter — Tue, 15 Apr 2025 17:00:12 +0000

Policy Explainer: Federal Trust Responsibility and Higher Education

kssatter April 15, 2025

AIPI Blog

Policy Explainer: Federal Trust Responsibility and Higher Education

This explainer clarifies the status of programs supporting American Indian students in higher education in response to recent legal and policy developments. Federal relationships with Tribal Nations and their citizens/members are based on political distinctions rather than racial classifications. The framework outlined in this document reflects the federal government’s unique relationship with and obligations to Tribal Nations.

Legal Framework

Tribal Citizenship Is a Political Distinction, Not a Racial Classification
- The U.S. Supreme Court (e.g., Morton v. Mancari) and Congress (Title 25 of the U.S. Code) have repeatedly reaffirmed the political status of American Indians as citizens and members of Tribal Nations. Consistent with the United States Constitution, Congress’s ability to legislate in Indian Affairs is not based on racial or ethnic minority status but on a government-to-government relationship between the United States and the various Tribal Nations.
- This legal distinction based on tribal citizenship/membership ensures that educational opportunities for American Indian students remain constitutionally valid as an extension of the United States’ trust responsibilities.
The Federal Government Has a Legal and Treaty-Based Obligation to Support American Indian Education
- Federal treaties, laws and regulations mandate support for American Indian education programming and are part of a substantial legal trust responsibility.
- Over 150 treaties include explicit provisions for educational support, reflecting a longstanding federal obligation to uphold Tribal sovereignty and self-determination based on the unique status of tribes and tribal citizens/members.
Non-Tribal Universities Have a Role in Upholding the Federal Trust Responsibility
- Public institutions that receive federal funding, such as Arizona State University (ASU), are integral to fulfilling the trust obligation by offering tailored support services and American Indian-focused academic programs.
- State governments can legally extend educational support to Tribal citizens/members, just as they provide benefits or services based on the state residency/citizenship of certain classes of students.

Tribal Sovereignty and the Federal Trust Responsibility: A Legal Obligation

Tribal Nations are sovereign governments with a distinct political and legal status recognized in the U.S. Constitution, treaties, and federal law. As part of the United States’ sovereign-to-sovereign relationships, Tribal nations and their citizens/members have a unique relationship with the federal government, which is legally bound by treaty and law to uphold its trust responsibility. This obligation is a fundamental aspect of Tribal sovereignty. The federal trust responsibility ensures the protection of Tribal sovereignty, fulfillment of treaty commitments, and support for self-determination, including specific programs such as education.

To operationalize the Trust obligation, Congress has enacted key federal statutes that codify the federal government’s role in supporting education for American Indian, Alaska Native, and Native Hawaiian students. These statutes serve as the basis for implementing the trust responsibility in educational contexts:

Key Federal Statutes

The Indian Self-Determination and Education Assistance Act (1975): This Act empowers Tribal Nations to manage their education programs and services, honoring the government-to-government relationship.
The Tribally Controlled Schools Act (1988): This statute supports the development and operation of schools governed by Tribal Nations, reflecting an enduring commitment to American Indian education.
The Native Hawaiian Education Act (1965): This Act similarly recognizes the unique political and trust relationship between the federal government and Native Hawaiian peoples.

These statutes represent only a portion of the broader legal framework guiding educational support for Tribal Nations. A wide array of additional laws, regulations, and policies collectively shape the implementation of the federal trust responsibility in education and beyond. For a more comprehensive overview, explore the ASU American Indian Education Law Library Guide for curated legal and policy resources.

Conclusion

A long-standing political relationship between the United States and Tribal Nations, anchored in the U.S. Constitution, federal treaties, laws, statutes, and regulations, forms the bedrock of Trust Obligations. For generations, education has been explicitly recognized in treaties as a central pillar of the United States’ obligation to Tribal members/citizens. These treaties and other legal duties guarantee access to education and affirm the political status of Tribal Nations, ensuring that any program designed to benefit Tribal citizens aligns with these foundational promises.

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April 15, 2025

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ILA’s Leadership Program for Indigenous Education Professionals

kssatter — Thu, 10 Apr 2025 18:20:40 +0000

ILA’s Leadership Program for Indigenous Education Professionals

kssatter April 10, 2025

AIPI Blog

ILA’s Leadership Program for Indigenous Education Professionals

Because the next generation deserves Indigenous leaders in every classroom—and every decision-making room.

Content

Why Indigenous Leadership Matters in Education
How to Move Up in Education as a Native Professional
Opportunities for Indigenous Professional Development in Education

Why Indigenous Leadership Matters in Education

Indigenous students thrive when they see their cultures, values, and communities reflected in their learning environments. Yet, according to the National Indian Education Association, Native students are far less likely than their peers to have a teacher who shares their racial and ethnic background, and the vast majority of teachers in American Indian and Alaskan Native majority schools are white (61%); just 29% of teachers in American Indian and Alaskan Native majority schools are Indigenous, and only 10% of public school teachers in Hawaii and Alaska are Native Hawaiians or Native Alaskans.

That’s why investing in Indigenous educational leadership development is critical—representation at the front of the classroom isn’t enough. We need Native educators to shape what and how we teach.

Today’s Indigenous educators are the changemakers we need in leadership roles—guiding curriculum, mentoring staff, and advocating for systems that reflect the needs of Native learners. Building leadership skills for Indigenous educators ensures that the future of education is not only more inclusive but also more effective.

If you’ve ever wondered how Indigenous educators can grow into leadership roles, you’re already on the right path. From classroom teachers to school leaders, the journey isn’t just about promotions—it’s about impact. It’s about supporting Native teachers in becoming school leaders who carry community knowledge and cultural wisdom into every decision they make.

If you're ready for career growth as an Indigenous teacher, consider what’s possible when you join a program built on culturally relevant leadership development in education.

How to Move Up in Education as a Native Professional

After a few years in the classroom, many Native educators begin to ask: How can I expand my impact beyond the students in front of me?

Leadership can take many forms—department chairs, curriculum leads, principals, policy advisors, or mentors to new teachers. The key is finding a program that meets you where you are. Whether you’re interested in mentorship, curriculum development, or school administration, Indigenous educators' leadership training can help you move forward with clarity and confidence.

Through intentional leadership skill-building for Indigenous educators, you’ll learn how to lead change and advocate for your students from positions of influence. The right education career development for Native professionals isn’t just about earning credentials. It’s about unlocking your voice and your vision for community-centered education.

Opportunities for Indigenous Professional Development in Education

If you’re seeking professional growth as an Indigenous educator, the Indigenous Leadership Academy (ILA) is here to guide you in your next steps.

This Indigenous education leadership program is built for mid-career professionals—those with 3–5 years of experience who are already making a difference and are now ready to do even more. The Academy offers a space to build confidence, gain strategic skills, and grow alongside other Native changemakers. Through culturally relevant content, practical projects, and community support, participants leave ready to lead in any educational setting.

Ready to Step Into Leadership?

Leadership in Indigenous education starts with you. Join a growing network of Native educators reshaping the future—one school, one classroom, one system at a time.

Learn more about ILA

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April 10, 2025

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ILA’s Leadership Program for Indigenous Health Care Professionals

kssatter — Thu, 10 Apr 2025 18:14:43 +0000

ILA’s Leadership Program for Indigenous Health Care Professionals

kssatter April 10, 2025

AIPI Blog

ILA’s Leadership Program for Indigenous Health Care Professionals

Grow your career. Lead your community. Step into your power.

Content:

Why Indigenous Leadership Matters in Health Care
How to Move Up in Health Care as a Native Professional
Introducing the Indigenous Health Care Leadership Academy

Why Indigenous Leadership Matters in Health Care

Indigenous healthcare professionals can address the unique disparities faced by Native Americans, Alaskan Natives, and Hawaiian Natives, who, according to the Indian Health Service, have long experienced lower health status, lower life expectancy, and disproportionate disease compared to other Americans. Native Americans are faced with nearly a 5-year lower life expectancy than the general population, infant mortality rates are 50% - 60% higher, and chronic diseases impact Native Americans at 1.5 to 2 times the rate of the average American, including diabetes and heart disease.

Strong Indigenous healthcare leadership is essential to closing equity gaps, improving patient outcomes, and reclaiming culturally grounded care. When Native voices are in decision-making roles, healthcare becomes more responsive, respectful, and effective.

For those seeking health career growth in Indigenous communities, leadership development isn’t just about personal success; it’s about creating systems where our communities can thrive.

Whether you work in a clinic, serve as a behavioral health specialist, or support patients as a nurse, your lived experience is a powerful tool in shaping the future of Native healthcare.

How to Move Up in Health Care as a Native Professional

After 3–5 years in the field, many Indigenous healthcare workers start to ask: What’s next for me?

That next step could be leadership, which comes in many forms. Many Indigenous health care professionals want to do more—to mentor, manage, advocate, or guide their teams—but they don’t always have a clear path forward.

If you’re wondering how to move up in healthcare as a Native professional, you’re not alone. That’s where healthcare leadership training for Indigenous professionals comes in. Whether your dream is to lead a clinic, direct a community health program, or help shape national policy, developing your leadership skills is the key. Indigenous professionals need more than just technical expertise; they need tools to navigate systems, inspire others, and lead with cultural integrity.

That’s why access to Indigenous professional development in healthcare is so critical. Whether you’re in public health, patient care, or mental wellness, there are programs designed to help you grow your skills without disconnecting from your values. ILA is a cohort-based model that offers peer support, mentorship and applied learning. This is an Indigenous health professional leadership course built with your goals and community in mind.

There is a growing movement in Indigenous leadership development for healthcare, and you belong in it.

Introducing the Indigenous Health Care Leadership Academy

If you’re ready to lead but unsure how to take the next step, the Indigenous Leadership Academy (ILA) is here to support you.

This Indigenous healthcare leadership program was designed specifically for Native professionals with 3–5 years of experience. Whether you're a frontline provider or behind-the-scenes strategist, ILA can help you step confidently into leadership.

It’s not just a training. It’s a transformational journey.

The Academy offers a space to build confidence, gain strategic skills, and grow alongside other Native changemakers. Through culturally relevant content, practical projects, and community support, participants leave ready to lead in any healthcare setting.

Whether you’re seeking Native American healthcare leadership opportunities, First Nations health leadership training, or simply a supportive environment to grow, this program is for you.

Ready to Lead?

Join a network of Indigenous healthcare professionals who are leading with heart, purpose, and community at the center.

Learn more about ILA

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April 10, 2025

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Letter to the President From Tribal Organizations: Tribal Funding Is a Legal Obligation, Not Discretionary Spending

tlmorri3 — Tue, 04 Feb 2025 23:12:01 +0000

Letter to the President From Tribal Organizations: Tribal Funding Is a Legal Obligation, Not Discretionary Spending

tlmorri3 February 4, 2025

AIPI Blog

Letter to the President From Tribal Organizations: Tribal Funding Is a Legal Obligation, Not Discretionary Spending

On Sunday, Feb. 2, a coalition of 23 Tribal organizations and intertribal councils representing the majority of sovereign American Indian and Alaska Native Tribal Nations formally called on the President, members of Congress, and the Interior Secretary to uphold federal treaty and trust obligations. Their letter urges federal officials to consult with Tribal Nations and protect critical funding following recent executive actions that negatively impact Tribal programs.

At the core of the letter is a reaffirmation that “Tribal Nations are not racial groups but sovereign political entities with a unique legal and political relationship with the United States.” This relationship is rooted in inherent sovereignty, recognized by the U.S. Constitution, and upheld by treaties, federal laws, and court decisions. Thus, the signatories stress that federal funding for Tribal programs is not a discretionary budget item but rather should be understood and acknowledged as a legally mandated obligation owed to Tribal Nations.

Furthermore, the letter raises concerns about the impact of recent executive orders and the rescission of OMB Memorandum M-25-13, which M-25-14 now replaces. The new memorandum shifts decision-making authority to agency general counsels, increasing the risk that Tribal funds could be frozen or restricted under vague interpretations of executive orders. This uncertainty undermines the government’s ability to meet its trust and treaty responsibilities.

The National Congress of American Indians (NCAI) and other Tribal organizations call on the administration to take immediate action, ensuring that executive decisions do not undermine the unique sovereign status of Tribal Nations. Specifically, they demand:

Clear recognition of Tribal sovereignty in the implementation of all executive orders.
Agency guidance that protects Tribal programs from unnecessary funding disruption.
Separation of Tribal programs from diversity, equity, inclusion, and accessibility (DEIA) and environmental justice (EJ) initiatives, emphasizing that Tribal programs are not DEIA or EJ initiatives. It warns that misclassifying these programs would undermine treaty obligations and harm Tribal communities.

Additionally, the organizations stress that reducing the federal workforce must not disrupt Tribal affairs, stating that workforce cuts should not disrupt the government’s ability to manage and administer trust and treaty obligations.

“The U.S. Supreme Court has consistently recognized and upheld the distinct legal and political status of Tribal Nations and their citizens, and the administration is urged to ensure that all agencies continue to engage and consult with Tribal Nations at the government-to-government level.”

To emphasize the urgent concerns, Tribal leaders have extended an invitation to the administration and members of Congress to attend the NCAI Executive Council Winter Session, held Feb. 10-13 in Washington, D.C. This session is a critical moment for lawmakers to hear directly from Tribal leaders about their responsibility to uphold Tribal sovereignty, honor trust obligations, and ensure that treaty rights and funding commitments are fully protected.

Government Response and Call to Action

In response to reports of Tribal Nations being unable to access different types of funding, the Senate Committee on Indian Affairs has committed to tracking how pauses in federal funding impact Tribal communities. Tribal leaders and organizations experiencing funding disruptions are encouraged to report their issues by contacting the committee at oversight@indian.senate.gov.

To assist with oversight efforts, Tribal representatives should provide the following details:

Name of the Tribal program.
What grant(s)/loan(s)/funding/Tribe program has and tried to access?
How much funding was sought during the funding drawdown (Jan. 24 to present)?
What was the issue experienced? Is it ongoing currently?
When was the last successful fun drawdown (including a date)?
What were the impacts of this? Were services stopped, was staffing sent home, etc?

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February 4, 2025

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Unrelenting Litigation? The Supreme Court’s Overruling of Chevron in Loper Bright Enterprises & Relentless, Inc. and What’s Next for Tribes

bsantist — Mon, 08 Jul 2024 20:00:38 +0000

Unrelenting Litigation? The Supreme Court’s Overruling of Chevron in Loper Bright Enterprises & Relentless, Inc. and What’s Next for Tribes

bsantist July 8, 2024

AIPI Blog

Unrelenting Litigation? The Supreme Court’s Overruling of Chevron in Loper Bright Enterprises & Relentless, Inc. and What’s Next for Tribes

The decision in Loper Bright Enterprises v. Raimondo. is just as impactful as the U.S. Supreme Court overturning Roe v. Wade, its ruling on Presidential immunity, or any of the other recent blockbuster decisions. On its face, Loper Bright appeared to be a rather benign case involving commercial fishing vessels and whether private parties had to pay for federal observers on those vessels for purposes of monitoring possible overfishing – a scenario with little relevance to most tribes. But what it actually did is much more foundational and potentially far-reaching for Indian Country.

Last Friday, June 28, 2024, the U.S. Supreme Court, with a 6-3 majority divided along ideological lines, released its opinion in the case Loper Bright Enterprises v. Raimondo, Secretary of Commerce (decided together with the case Relentless, Inc. v. Dept. of Commerce), 603 U.S. ____ (2024). The ruling eliminated a fundamental principle of administrative law known as "Chevron deference" that had been in place for 40 years. In sum, the ruling means that federal courts will no longer give deference to federal agency interpretations of ambiguities or gaps in federal law, but instead independently take on those legal interpretations themselves.

This is important because now it will be up to federal courts primarily to address such ambiguities or gaps in the law in the administrative agency context. Going forward that could mean that federal agency actions (including actions affecting tribes) are more frequently overturned by the courts or more frequently decided in the first instance by courts rather than agencies.

The rule of agency deference had been in effect since its pronouncement by the Supreme Court in the case Chevron U.S.A. Inc v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). The rule pertained to decisions made by federal administrative agencies involving ambiguous or incomplete congressional statutes and involved a two-step analysis by a court reviewing a challenge to the agency’s action under the Administrative Procedure Act, 5 U.S.C. §§ 551 et seq. The court would first determine if Congress had specifically addressed the issue at hand in the relevant statute – if so, that was the end of the court’s inquiry and the court either upheld agency action aligning with congressional intent or rejected contrary action. Id. at 842. But if the court determined there to be an ambiguity in the law or the statute did not address the issue at hand, the court was to defer to the agency's expertise and not disturb the agency action in interpreting the statute, so long as the agency in essence acted reasonably and had support for its interpretation. Id. at 843, 865. This deference by the reviewing court had to be given, even if the court independently disagreed with the agency’s interpretation. Id. Under the Loper Bright decision, courts will no longer give such deference and are to interpret ambiguities and gaps in the law themselves in assessing an agency action challenge.

The need for such agency interpretations is very common, because Congress cannot address every possible scenario or contingency when drafting statutes, such that laws are often unclear or incomplete. In the Chevron case, the Supreme Court had reasoned that allowing for agency interpretations made sense because the relevant agency would have the technical expertise and experience to fill in gaps in the law in a practical manner. Now courts will fill that role.

Although the nature of the process issue raised in the case – whether an agency or a court should interpret statutory ambiguities – may seem abstract on the surface, the Loper Bright ruling from Friday is groundbreaking and possibly affects 40 years of subsequent court decisions implementing the Chevron deference rule. It has implications for tribes across the country in many different possible contexts – virtually all federal agencies with which tribes interact could be affected. But the specifics will have to be gained from future litigation testing how courts react with their new-found responsibilities under the Loper Bright decision.

In viewing the future of administrative action, the various views held of Chevron over the past four decades will undoubtedly be invoked. There are those who believed wholeheartedly in its deference to administrative agency experts, and do not believe courts could ever have sufficient technical expertise to tackle agency work. And many of those same supporters believe that agency interpretations of less-than-clear statutes are a form of policy-making that courts should not be taking from the executive branch with its prerogative to create policy under any given Presidential Administration. Those concerns will be compounded when taking into account most federal courts already have full dockets and limited bandwidth to take on a significant portion of the role of federal agencies. On the other hand, there are those who have complained for decades about many of the deficiencies in Chevron, noted in the Supreme Court decision overturning it – among them, the lack of uniformity in defining what constitutes a statutory ambiguity, the “thumb on the scale” bias upholding much agency action, and a lack of congruence with the Administrative Procedure Act in its direction that relevant questions of law are to be decided by reviewing courts, not agencies. Those alleged faults with Chevron are on top of its detractors’ most significant argument – Chevron failed to adhere to the Constitution’s separation of powers requirements and amounts to a power grab by the administrative state.

So what does all of this mean for tribes? Like other parties dealing with federal agencies, many tribes have had a “love it” or “hate it” view of Chevron that often varied depending upon the particular matter at hand. If you were in front of an agency that granted a decision favorable to your cause and the agency had a reasonable basis for doing so, you had a good chance of it withstanding an appeal. But if the agency issued an unfavorable decision to you, or if the actions of another party that you opposed were approved, the chances for reversal on appeal often were challenging. After the Loper Bright decision, that dynamic may be less certain, because a court will now independently review any ambiguous or incomplete provisions of the law at hand, without necessarily taking into account the agency’s attempt to do so. That statement as to predictability is subject, of course, to the assumption that judicial review of agency action will itself be free from political or other predictable leanings.

Regardless of how tribes may have felt about Chevron or its tendency to uphold agency decisions, one thing is almost certain from the Loper Bright decision – tribes need to plan to be part of the litigation that will be necessary to fill in the contours of the decision for years to come. That is not “the sky is falling” talk. Overruling, or at least calling into question, the past 40 years of administrative law precedent decided in Chevron and its progeny, without an overarching framework to take its place other than to say it is up to federal judges to take back from federal agencies the responsibility of interpreting federal law, will cause a major shift. And tribes need to be a part of the foundational rebuilding process. But doing so is likely to be costly for tribes and any other parties who routinely interact with federal agencies. The stability of agency deference likely will give way to the unpredictability of court interpretations (at least initially after this decision); unpredictable courts require a trial-and-error approach to get precedent in place to create future stability; and such an approach obviously will require a greater expenditure of time, effort and resources than a path with greater certainty from the outset.

What is the next step for tribes after Loper Bright and its overruling of Chevron? Litigation budgeting and planning. Because it’s coming, so tribes should get ready. That may be the one near-certainty stemming from the uncertainty caused by Loper Bright.

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July 8, 2024

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Explainer: BEAD Challenge Process: AZ BEAD Program Update

bsantist — Wed, 13 Mar 2024 20:36:31 +0000

Explainer: BEAD Challenge Process: AZ BEAD Program Update

bsantist March 13, 2024

AIPI Blog

Explainer: BEAD Challenge Process: AZ BEAD Program Update

On March 1, 2024, the Arizona Commerce Authority (ACA) initiated Arizona’s challenge process as required by the Broadband Equity, Access, and Deployment Program (BEAD). The BEAD is a federal grant program administered by the National Telecommunications and Information Administration (NTIA). The BEAD is meant to expand access to high-speed internet across the country, and Arizona has been awarded approximately $993 million to accomplish this goal. This challenge process is the latest step in implementing BEAD, following the development of Arizona’s BEAD Five-Year Action Plan and BEAD Initial Proposals Vol.1 and Vol. 2 in 2023. The full details of Arizona’s BEAD challenge process are on the ACA’s challenge process website, and this explainer will give an introduction to the process.

The BEAD challenge process is a key part of the program because it gives an opportunity to correct the data used to determine how and where BEAD funding is utilized. The BEAD program is based on connecting Broadband Serviceable Locations (BSL), such as houses and apartment buildings, and Community Anchor Institutions (CAI), such as schools and libraries. Therefore it is crucial that data on a BSL in a given area is accurate so that connectivity needs are addressed. Arizona’s BEAD challenge map is an interactive map that shows individual BSLs and CAIs and the information associated with those locations. This map should be reviewed to see if the state’s information on a given location is accurate.

The NTIA guidance document explains that states have 120 days to complete the entire challenge process. This means that the publication of BSLs and CAI data, challenge submission period, rebuttal period, and final determinations must all be completed within 120 days. The ACA established the following timeline for Arizona’s challenge process:

March 1, 2024 - challenge process portal open for registration
March 15, 2024 - challenge process submission starts and rebuttal starts on a rolling basis, service providers will have 15 calendar days from a notification of a challenge to provide a rebuttal
May 14, 2024 - challenge process submission ends
May 15 - June 30, 2024 - Final determination phase

Not everyone is eligible to submit a challenge. The BEAD NOFO only allows states to accept challenges from four categories of challengers. Eligible challengers must register on the ACA website and identify themselves as a part of one of the categories:

Local governments
Tribal governments
Nonprofit organizations
Internet service providers

The Arizona BEAD challenge map uses data from the FCC’s National Broadband Map. However, the BEAD challenge process does not allow challenges to add new BSLs or other locations to the Arizona BEAD challenge map. Challenges regarding new BSLs or other locations can be submitted to the FCC, but they will not be reflected on the Arizona BEAD challenge map. The BEAD challenge process allows for nine different types of challenges based on the circumstances at each BSL identified on the map. These challenge types are:

Availability
Speed
Latency
Data Cap
Business Service Only
Is/is not part of an Enforceable Commitment
Planned Service
Location is/is not a Community Anchor Institution (CAI)
CAI qualifying broadband service is unavailable/available

These challenges can be applied to individual BSLs and CAIs marked on the Arizona BEAD challenge map. Below is a brief explanation of challenge types from the NTIA Model Challenge Process:

Availability & Business Service Only - These challenge types involve the internet service available at a given BSL. Challenges can include screenshots of information from provider websites, declined service requests, and other evidence that providers do not provide residential service to the BSL.
Speed, Latency, & CAI qualifying broadband service - These challenges address internet performance at a given BSL. Online speed tests are used to see how the internet at a BSL measures up to BEAD speed and latency thresholds. Internet speeds at 25/3 Mbps or less are unserved. Speeds between 25/4 - 100/20 Mbps are underserved. In addition to these speed thresholds, latency must also be under 100 ms. For CAIs, internet speed has to meet the 1/1 Gbps threshold to consider the CAI served.
Data Cap - This challenge involves internet service at a BSL that is subject to a data allowance. The NTIA Model Challenge Process indicates that any internet service plans with a data allowance lower than 600 GB/month would be classified as unreasonable.
Technology - This challenge involves the service technology (i.e. wireless, cable, or fiber) available at a given BSL. Information on the residential gateway unit at a BSL is needed to determine if the challenge process map correctly reflects the technology that is available.
Enforceable Commitment & Planned Service - These challenges involve information on other sources of funding for broadband deployment and/or information on current deployment projects scheduled for completion by June 30, 2024. The BEAD NOFO does not allow duplicate funding for a given BSL. Therefore, these challenges may require information on funding commitments or ongoing construction. Additional information such as Tribal Government Resolutions may be required for Tribal areas.
Not part of enforceable commitment - These challenges involve information on areas with enforceable commitments that will not cover 100% of the BSLs in that area.
Location is/is not a CAI - These challenges involve BSLs that may or may not be CAIs. Information on the current status of the facility as well as the information on the location’s operation would be needed to make the determination.

Please refer to the ACA’s BEAD Challenge website for full details and the latest updates on the BEAD challenge process in Arizona. The ACA website has information on how to register as a challenger, datasets for BSLs and CAIs, and upcoming webinars. The ACA is also hosting weekly office hours on the challenge process and preparing to begin the Connecting Arizona Engagement Tour. Continue to follow AIPI for updates on Tribal broadband in Arizona as well as nationally.

Printable copy here.

Posted on

March 13, 2024

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Everything You Need to Know About ILA (Cohorts 8 & 9, Fall 2025)

bsantist — Thu, 16 Nov 2023 21:37:00 +0000

Everything You Need to Know About ILA (Cohorts 8 & 9, Fall 2025)

bsantist November 16, 2023

AIPI Blog

Everything You Need to Know About ILA (Cohorts 8 & 9, Fall 2025)

The application for the Fall 2025 cohort of the Indigenous Leadership Academy (ILA) will open on May 1, 2025, and will close on June 8, 2025. Follow along for upcoming blogs, posts, and a webinar with information about the ILA.

This Fall, we are excited to announce two distinct ILA programs dedicated to Indigenous education (IELA) and Indigenous health (IHLA).

This blog is dedicated to answering questions you may have about applying to the ILA. If you are an Indigenous person who wants to contribute to your community, you should apply to this academy!

When does the application open?

The application will open on Thursday, May 1, 2025. There is one application for IHLA and IELA. Based on your preliminary answers, you will be directed to the specific application you are applying for.

When does the application close?

The application will close on Sunday, June 8, 2025, at 11:59 p.m. Please submit it as soon as possible.

Who Can Apply?

Anyone who lives in the United States and meets the eligibility criteria listed on the application is welcome to apply. Fifty percent of the allotted spaces will be awarded to Arizona residents.

Can I apply to both cohorts?

No, you must choose between education and healthcare.

How much does it cost?

The cost for the 10-module program is $2650. Scholarships are available; applicants are automatically considered for a scholarship upon application to ILA. It is highly recommended that the cost not be a deterrent.

What do I need to complete the application?

If you’re thinking about applying for the ILA, please note that we will require your recent work history. You will be creating a project that benefits your Indigenous community. Please have a project title and explain your project idea as well as you can. The project will lay the foundation for all the lessons during the 10-module course. We're looking to assess your strengths as a leader, so please reflect on any other leadership programs you may have been involved in.

How are the cohorts chosen?

There are only 25 spots available for each cohort. An alumni review panel evaluates the applications with all personal information redacted. The ILA staff and facilitators also review the applications, taking into account the findings from the panel, as well as their own notes and comments, to select the participants.

Why do I need to have a LinkedIn profile?

You gain a network of over 157 ILA alumni! A LinkedIn profile helps us to see who you are and the work you do in your community; it also creates a wonderful space for you to grow your network. It should be noted that signing up and using LinkedIn is free of charge. If you would like to use LinkedIn Premium, there is a fee. Don’t have a LinkedIn account? Sign up here.

How is the cohort run?

The cohort will be taught on Zoom and in person (module ten only) with class materials and participation on Canvas.
Module one is on a Saturday and is about six hours in length. For IHLA, the tentative start date is July 12, 2025. For IELA, the tentative start date is August 9, 2025.
Modules two through nine modules are held on weekday evenings for three hours. We utilize Canvas, and there is about 1.5 hours worth of reading each week. Tentatively, the IHLA will be held on Thursdays from 3 pm to 7 pm AZ time, and the IELA will be held on Wednesdays from 3 pm to 7 pm AZ time.
Module ten for IHLA will be held September 7-12, 2025, at the National Tribal Health Conference at Wild Horse Pass in Chandler, AZ. Module ten for IELA will be held October 8-11, 2025, at the National Indian Education Association Conference in Spokane, WA.
During the modules, we have guest speakers and professionals on each module's topic. The guest speakers are invaluable in providing real-life context and depth to each module.
To gain certification, you will plan a project that should benefit your community in some way and create a 5-minute video presentation on it. You will also present your project in person at the final module.
You will be responsible for your travel and room costs. More information will be released during the first weeks of the cohort.
Cohort Partners for IHLA: ASU College of Health Solutions, National Indian Health Board, Tufts University
Cohort Partners for IELA: ASU Center for Indian Education, ASU American Indian Studies, National Indian Education Association, Tufts University

What will I learn about?

You will learn about the following leadership practices within an Indigenous framework.

Civic Engagement
Responsibility
Indigenous Knowledge
Communicating
Tribal Sovereignty
Fostering Consensus

How can I use the tools learned to use in my everyday life?

The ILA course provides you with practical professional tips that you can incorporate into your daily life. The lessons from ILA can be sparingly used in your professional life and personally when making decisions or setting goals. It's crucial to understand that leaders in a community are not just elected officials. Leadership takes various forms and capacities in every group, and these roles are deeply intertwined with both community and professional relationships. The ILA course, designed for Indigenous communities, bridges the gap between these two perspectives, emphasizing their mutual importance.

What kind of people am I going to be meeting?

There are people from all walks of life in the cohort. They all share the common goal of wanting to create something meaningful for their community. I enjoy seeing how close they all become throughout the cohort and how much they continue to grow as leaders since completing the academy.

What is the expected outcome of being a part of ILA?

Introducing a new community of individuals who share similar ambitions and goals for their community. These individuals offer opportunities or act as a valuable sounding board for your project, providing insightful feedback. Upon completion, you will be awarded a digital badge and certificate from Arizona State University.

Learn more about ILA

Review the application

Apply for Fall 2025

Posted on

November 16, 2023

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ILA Expresses Gratitude For Fall 2023 Cohort

bsantist — Wed, 08 Nov 2023 22:14:40 +0000

ILA Expresses Gratitude For Fall 2023 Cohort

bsantist November 8, 2023

AIPI Blog

ILA Expresses Gratitude For Fall 2023 Cohort

We have successfully completed the Fall 2023 cohort of the Indigenous Leadership Academy (ILA)! The application for the Spring 2024 cohort will open on November 17, 2023, and close on December 15, 2023. Follow along with AIPI for upcoming blogs, posts, and everything else ILA.

These experts in their respective fields imparted their knowledge, shared their insights, and gave their time to the ILA. You can read more about each of the talented guest speakers below.

Module 6: Communicating Your Story and Exhibiting Professional Etiquette;

Shareé Hurts is Strategic Partnerships Program Manager for APS working with community partners to create, innovate, and implement programs that benefit Arizonans. Prior to APS, Shareé spent ten years in the healthcare industry, primarily focused on Medicaid specializing in project management, organizational governance, and proposal development. In addition to her career in the corporate sector, Shareé has continued her passion for serving in the community. This includes her passion project of serving through teaching, an adjunct faculty member at South Mountain Community College currently teaching within the Storytelling Institute. Shareé has a bachelor’s degree in political science from ASU West and a master’s degree in law from the Sandra Day O’Connor College of Law, ASU.

Module 7: Building Relationships and Growing Your Network;

Laurie Battaglia is CEO of Aligned at Work® in Scottsdale, AZ. Laurie is on a personal mission to wake up the leaders of organizations who think that they can delay inevitable change. She is a futurist and strategizer, a connector of people and resources. She believes in balancing people and profit in business for a sustainable future. Laurie is a strategic advisor, executive coach, and inclusive leadership consultant. She is an expert facilitator and brings groups together to achieve great things. Her superpower is building trust quickly with clients, team members, and diverse communities. Aligned at Work® is a leadership consulting firm with an emphasis on diversity, equity, inclusion, and belonging. Their Aligned Leader Model for Inclusive and Aligned Leadership is part of their signature program designed to build inclusion into organizational cultures through everyday actions.

Module 8: Bridging Differences and Fostering Consensus;

Maria Dadgar is an enrolled member of the Piscataway (Pi-Scat-Away) Tribe of Accokeek (Ack-Ko-Keek), Maryland. Maria has worked in the fields of Higher Education, Non-Profit Executive Management, and Tribal Economic Development for more than 20 years. Throughout her career, Maria has been involved in advocating for public policies and legislation on behalf of Tribal nations regarding Economic Development, Education, Health Equity, Social Justice, and Environmental Quality. Currently, Maria serves as the Executive Director of the Inter Tribal Council of Arizona (ITCA) which is one of the oldest and largest Tribal consortiums in the United States. Under Maria’s leadership, ITCA has grown in the number of federal grants, contracts, cooperative agreements, and job creation. ITCA has 71 subject matter experts on staff and has an annual operating budget of approximately $26.5 million. Maria reports directly to 21 Tribal Leaders which serve as the governing board for the Inter Tribal Council of Arizona and are the highest elected officials for 21 of the 22 Tribes in Arizona.

Module 9: Community-Centered Management Practices;

Nonie Black Elk (Ft. Peck Assiniboine & Sioux, Navajo) has been with Arizona Public Service since 2010 in roles with Human Resources, renewable energy, customer technology, and her current position as Energy Innovation Analyst for the Customer to Grid Solutions team. While supporting the Solar Communities program team, Nonie was responsible for recruiting tribal customers on the Navajo and Hopi reservations. She coordinated alternative customer engagement by hosting Lunch & Learns to educate interested customers through a Hopi translator. Ms. Black Elk’s proudest moment as an APS employee was leading the internal team to weatherize the home of a Navajo Code talker in her home community Tuba City.

Module 10: Developing Leadership Capacity and Looking to the Future;

Arlando S. Teller’s Navajo clans are Naasht'ézhi-Táchii'nii (Zuni clan adopted into Red-Streaked Forehead clan) born for Tó'aheedlíinii (The Water Flows Together clan). My maternal grandfathers are Tódich'ii'nii (Bitter Water clan) and my paternal grandfathers are 'Áshįįhi (Salt clan). Arlando Teller was sworn in as the first USDOT Assistant Secretary for Tribal Government Affairs on May 8, 2023. This position was enacted through the Bipartisan Infrastructure Law, focusing on improving programs to address critical infrastructure impacts on tribal communities within Indian Country. Prior to joining USDOT, Teller served as State Representative for District 7 in the Arizona House of Representatives. Arlando entered the aviation industry as the first Native American graduate from Embry-Riddle Aeronautical University. Teller worked on multimodal transportation projects for the California Department of Transportation and returned home to the Navajo Nation, where he served in multiple capacities, including Deputy Division Director for the Navajo Nation’s Division of Transportation.

We are filled with gratitude to each of the guest speakers! The open and honest discussions we had during the cohort were motivating and insightful. We cannot be more grateful for the wisdom the guest speakers have given and are excited to see how our leaders put it to use.

Posted on

November 8, 2023

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Ittifatpoli: Executive Director Update

bsantist — Mon, 11 Sep 2023 21:55:39 +0000

Ittifatpoli: Executive Director Update

bsantist September 11, 2023

AIPI Blog

Ittifatpoli: Executive Director Update

On August 21 through 22, 2023, I attended the Chickasaw Listening Conference in Oklahoma City, Oklahoma. As a citizen who lives outside Chickasaw Treaty Territory and a member of the Arizona community council, I and 300 plus other members from various community councils in various states attended the first listening council since 2007. The conference was an opportunity to gather with fellow council members, share ideas, and provide feedback for at-large programs and services in the areas of health, housing, education, and more.

This year is the 40th anniversary of the signing of the Chickasaw 198 3 Constitution. With a portfolio of over 100 business enterprises and a population of over 80,000 both inside and outside of the Treaty Territory, Governor Anoatubby stated that the Listening Conference “is an exercise in self-determination.”

Over the course of this two-day event, I met a lot of Chickasaws and learned about the many programs that CN offers to its citizens (we are not a per capita Tribe). Additionally, we visited both the First American Museum and the Chickasaw Nation Cultural Center. I’ve been to the cultural center a number of times, but I always love going there. But, I had never been to the new First American Museum. I’ve been excited to see this museum, and it did not disappoint. It is a very indigenous space, and the installations were powerful and moving.

As the line spoken by John Trudell from the movie Smoke Signals goes, “It’s a good day to be Indigenous.” That was the way it felt being in Oklahoma for the first time after the pandemic. Chickasha Saya! (We Are Chickasaw)

As Always #BeTheSolution

Posted on

September 11, 2023

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