Gabriel S. Galanda

Blood Quantum and Sovereignty

Producer
Native Governance Center
Year

"Blood Quantum and Sovereignty" is a beginner-level conversation focused on why blood quantum is controversial, as well as how it came to be used as an enrollment and citizenship criteria for Native nations. Produced and recorded by Native Governance Center on March 30, 2022.

Featuring: Wayne Ducheneaux II, Megan Hill, Dr. Elizabeth Rule, Dr. Jill Doerfler, Gabe Galanda

Resource Type
Citation

Native Governance Center. "Blood Quantum and Sovereignty." Mar 30, 2022. Video. (https://www.youtube.com/watch?v=ldvC2bWRXu4, accessed March 8, 2023)

 

The Unintended Consequences of Disenrollment

Year

For most of the modern tribal self-determination era, American Indian nations have emphasized inclusion. Starting in the early 1970s, higher tribal membership numbers equated to higher federal self-determination dollars. As tribes otherwise redoubled their efforts to reverse the destruction caused by preceding federal Indian removal, assimilation, and relocation policies, tribes found strength in numbers through expanded membership. Once-terminated tribes that were restored over the last few decades were particularly aggressive about bulking up their membership rosters in order to rebuild everything that the United States destroyed in the 1950s. Because of the once normative nature of American indigenous kinship-based systems of inclusion, the Indian Nation rebuilding efforts were second nature...

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Citation

Galanda, Gabriel S. "The Unintended Consequences of Disenrollment." Indian Country Today Media Network. February 2, 2015. Opinion. (https://ictnews.org/archive/the-unintended-consequences-of-disenrollment, accessed February 22, 2023)

Disenrollment Is a Tool of the Colonizers

Producer
Indian Country Today
Year

Our elders and spiritual leaders do not teach the practice of disenrollment. In fact, disenrollment is a wholly non-Indian construct. Indeed, when I recently asked Eric Bernando, a Grand Ronde descendant of his tribe’s Treaty Chief and fluent Chinook Wawa speaker, if there was a Chinook Wawa word or notion that means “disenrollment,” he unequivocally answered, “no.”...

Native Nations
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Citation

Galanda, Gabriel S. "Disenrollment Is a Tool of the Colonizers." Indian Country Today. January 16, 2015. Opinion. (https://ictnews.org/archive/disenrollment-is-a-tool-of-the-colonizers, accessed April 4, 2023)

Tribal Per Capitas and Self-Termination

Year

For many Indian families, tribal per capita payments help meet their most basic needs. They buy food, pay heating bills, make car payments, and open savings accounts. As a Dry Creek Rancheria Band of Pomo Indians leader explains, per capita monies have given historically impoverished Indian communities “cause to hope and dream and plan.” But systemically, “per caps” are causing harm to tribes as independent political entities.

Ho-Chunk, Inc., CEO Lance Morgan has indicted per capita dollars as a “new form of welfare [that] is just the latest in a cycle of dependency that Indian Country has been trying to break out of for the last 100 years.” Socioeconomic dilemmas aside, per capitas have become an indomitable force in tribal policy and governance, to the detriment of Indian political stability and self-governance...

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Citation

Galanda, Gabriel S. "Tribal Per Capitas and Self-Termination." Indian Country Today Media Network. August 13, 2014. Opinion. (https://indiancountrymedianetwork.com/news/opinions/tribal-per-capitas..., accessed August 13, 2014)

The Bay Mills Buck Stops With NIGC

Year

With a case of potentially catastrophic consequence for Indian country now pending before the U.S. Supreme Court, all of the players who can possibly prevent the disaster are either sitting on their hands or pointing fingers.

The National Indian Gaming Commission has failed to act, citing a woefully incorrect legal opinion regarding its enforcement authority and the unfortunately timed departure of former NIGC Chairwoman Tracie Stevens. The Department of Justice sits publicly idle, too, despite its own civil enforcement power. Then there is Department of the Interior, whose Solicitor has written less than stellar lands opinion of her own, and whose Assistant Secretary for Indian Affairs simply blames the Bay Mills Indian Community for “put[ting] us in this position.” Meanwhile, the National Indian Gaming Association says that it is Interior who must take action “to moot the case and prevent a negative Supreme Court decision,” while completely turning a blind eye to the NIGC...

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Citation

Galanda, Gabriel & Ryan Dreveskracht. "The Bay Mills Buck Stops With NIGC." Indian Country Today Media Network. November 6, 2013. Opinion. (https://ictnews.org/archive/the-bay-mills-buck-stops-with-nigc, accessed February 12, 2024)

How Tribal Leaders Are Creating Jobs

Producer
Indian Country Today
Year

The New Markets Tax Credit (NMTC) has provided a vital spark to infrastructure and economic development projects across Indian country. Momentum has been building over the past several years but because of recent federal agency actions, and now tax-related Congressional bickering, it is in danger of petering out.

Out on the prairie, the skyline of Winnebago, Nebraska continues to grow. That is because the Winnebago Tribe is constructing a new multi-million-dollar educational center. This is a major achievement for a community in great need. Any other rural community might have issued bonds based on local property tax revenues to construct a critical community asset like this. But of course tribal governments cannot levy real property taxes. As such, NMTC-backed financing helped make this project a reality...

Resource Type
Citation

Morgan, Lance and Gabriel S. Galanda. "How Tribal Leaders Are Creating Jobs." Indian Country Today. October 15, 2013. Opinion. (https://ictnews.org/archive/how-tribal-leaders-are-creating-jobs, accessed July 18, 2023)

How to Protect Tribal Lands From Our Deadliest Enemies

Producer
Indian Country Today
Year

In 2001, the U.S. Supreme Court dealt a severe below to Indian sovereignty when it decided Nevada v. Hicks, suggesting to states and counties that when their cops are investigating off-reservation crimes, they need not obtain tribal court warrants to conduct searches or arrests on tribal land. The reach of Hicks, however, has been greatly exaggerated, most notably by state cops and prosecutors...

Native Nations
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Citation

Galanda, Gabriel S. "How to Protect Tribal Lands From Our Deadliest Enemies." Indian Country Today Media Network. September 19, 2013. Opinion. (https://ictnews.org/archive/how-to-protect-tribal-lands-from-our-deadliest-enemies, accessed July 18, 2023)

Indian Nations Are Still Fighting the U.S. Cavalry

Producer
Indian Country Today
Year

Throughout the 19th Century the U.S. Cavalry perpetrated the genocide of Indian People. Today’s Cavalry–federal, state and local police–are no longer committed to extermination. But American cops’ flagrant disregard for tribal self-governance when carrying out law enforcement activities on Indian lands, threatens the existence of Indian People.

Thankfully Indian inherent sovereignty and treaty rights can halt non-tribal cops who encroach upon Indian country under the guise of the Major Crimes Act or Nevada v. Hicks and while doing so, threaten tribal territorial autonomy and Indian civil rights.

Native Nations
Resource Type
Citation

Galanda, Gabriel S. "Indian Nations Are Still Fighting the U.S. Cavalry." Indian Country Today. September 04, 2013. Article. (https://ictnews.org/archive/indian-nations-are-still-fighting-the-us-cavalry, accessed July 24, 2023)

Advancing the State-Tribal Consultation Mandate

Year

This summer, in the face of an impending private land sale of Pe’Sla, a Lakota/Dakota/Nakota Indian sacred site in the Black Hills, the United Nations Special Rapporteur on the Rights of Indigenous Peoples, S. James Anaya, directed that authorities in South Dakota “engage in a process of consultation” with the Great Sioux Nation to consider and address their views and concerns. While the federal Indian consultation right is now entrenched in federal and international law, the Special Rapporteur’s pronouncement of a state-tribal consultation mandate is profound–especially insofar as it concerns the American indigenous “right to continue to maintain their traditional cultural and ceremonial practices” on off-reservation lands...

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Citation

Galanda, Gabriel S. "Advancing the State-Tribal Consultation Mandate." Indian Country Today, October 17, 2012. Article. (https://ictnews.org/archive/advancing-the-state-tribal-consultation-mandate, accessed February 28, 2023)

Tribal Per Capita Poverty - How About Disenrollment Bankruptcy?

Year

“In November, a [Las Vegas] Review-Journal reporter and photographer encountered one of the disenrolled, 52-year-old Darla Hatcher, sleeping with her meager belongings in front of an upholstery shop in the homeless corridor.

By way of introduction, she gestured toward nearby tribal land and said: “I am a disenrolled Paiute.’”

Thanks to some wonderful scholarship by Seattle lawyer Greg Guedel about the socioeconomic impacts of tribal per capita monies, The Economist has cast a bright light on the topic. Guedel’s research found that:

From 2000-2010, gaming Tribes in the Pacific Northwest that did not issue per capita payments to their members did better in reducing poverty rates than the gaming Tribes that issued per capita payments.

In other words, tribal per capita monies are not alleviating Indian poverty; they are exacerbating it...

Resource Type
Citation

Galanda, Gabriel. Tribal Per Capita Poverty—How About Disenrollment Bankruptcy? Galanda Broadman, PLLC. Seattle, Washington. January 15, 2015. Opinion. (http://www.galandabroadman.com/blog/2015/01/tribal-per-capita-poverty-how-about-disenrollment-bankruptcy, accessed January 20, 2015)