Tribal Sovereignty, Self-Determination, and Economic Development in Montana
Field Course
Spring Break ~ April 4-8, 2016
Prof. Monte Mills
Office 112 (1st floor – clinic wing)
406-243-2544
monte.mills@umontana.edu
I.
Course Overview and Objectives.
The purpose of this course is to give students the opportunity to experience Indian Country and
gain invaluable perspective from tribal leaders, officials, lawyers and others who work with and for
Indian tribes in Montana. While the course will cover a number of topics, the central theme will be
the relationship between tribal sovereignty, self-determination and successful tribal economic
development. We will use these foundational concepts and a comparative approach to explore how
tribes are approaching a myriad of issues, including economic development, social challenges,
cultural preservation, tribal-state relations, the federal trust responsibility and more. By the end of
the class, students will have visited six of the seven reservations in Montana to see how the law
works (or fails) on the ground. We will also hear directly from and meet people in the field, where
the legal concepts of sovereignty and self-determination find real meaning. Through this
combination of learning experiences, students will gain a full and more accurate picture of the legal
issues and challenges facing Indian tribes and their citizens.
II.
Course Requirements.
A. Readings:
THE STATE OF THE NATIVE NATIONS: CONDITIONS UNDER U.S. POLICIES OF SELFDETERMINATION, Harvard Project on American Indian Economic Development (2008)
and other selected readings.
Monday, April 4:
The State of Native Nations (TSNN): pp. 1-37, 53-68.
Tuesday, April 5:
TSNN: pp. 95-110
Review: constitutions of the Crow Tribe (http://crowlaws.org/2001_crow_constitution)
and of the Northern Cheyenne Tribe
(http://www.cheyennenation.com/legislative/tribal%20constitution.pdf)
Wednesday, April 6:
TSNN: pp. 37-52, 263-273
Review: Constitution and Bylaws of the Assiniboine & Sioux Tribes of the Fort Peck
Indian Reservation along with the Ft. Peck Tribes Comprehensive Code of Justice
(http://www.fptc.org/ccoj/ccoj.html) and materials from the Official Site of the Fort
Belknap Indian Community (http://www.ftbelknap.org/directory.html)
Thursday, April 7:
TSNN: pp. 111-143
Review: Background on Chippewa Cree Tribe of the Rocky Boy’s Reservation
(http://tribalnations.mt.gov/chippewacree) and Blackfeet Nation
(http://blackfeetnation.com/government/)
Friday, April 8:
TSNN: 69-82, 145-176
Review: Background of Little Shell recognition (http://littleshelltribe.com/) and
information regarding Montana Governor’s Office of Indian Affairs
(http://tribalnations.mt.gov/)
B. Assessment: Your assessment in the class will be based on the following (like last year’s
spring break field trip course, students will have the option of taking the course for a
grade or for credit/no credit):
Attendance and participation. Student participation is critical to the success of a field course
and each student will be expected to be prepared for, actively engage in, and contribute
to our discussions. 25%
Final Paper. Upon conclusion of the course, each student will be responsible for
preparing a relevant and topical essay (not less than 2,000 words) covering an aspect or
issue addressed in the course. Each paper will be graded on the basis of its quality of
research, analysis and clarity and additional details regarding the paper assignment will be
made available prior to or during the course. The final paper will be due at 12:00 noon
on May 19, 2016. 75%
C. Academic Honesty/Conduct: All students must practice academic honesty. Academic
misconduct is subject to an academic penalty by the course instructor and/or a
disciplinary sanction by the University. All students need to be familiar with the Student
Conduct Code. The Code is available for review online at Student Conduct Code. Law
students should also be familiar with the Law School Honor Code, which can be found
in Appendix A of the Law Student Handbook.
D. Equal Access Protections: The University of Montana assures equal access to
instruction through collaboration between students with disabilities, instructors, and
Disability Services for Students (DSS). If you think you may have a disability adversely
affecting your academic performance, and you have not already registered with DSS,
please contact DSS in Lommasson 154. The Law School will work with you and DSS to
provide an appropriate accommodation.
III.
Course Schedule.
[See next page]
Monday, April 4, 2016:
6:30 a.m. – Depart ABIIISL
8:00-11:30 a.m. (on the bus) – Lecture/discussion on sovereignty and self-determination.
12:00 p.m. – Lunch at Crowley Fleck, LLP (490 N. 31st St., Ste. 500, Billings, MT)
We will be hosted for lunch by Neil Westesen and his partners from the Crowley firm. The
firm has a number of attorneys engaged in a range of issues related to Indian law, primarily focused
on representation of clients seeking to do business in Indian Country. The discussion will provide a
good introduction to these complex issues and insight into the nature of practicing Indian law in one
of the region’s preeminent law firms.
1:30 p.m. –Native American Development Corporation (2929 3rd Ave. N., Suite 300, Billings, MT)
NADC’s website explains its work in Indian Country as follows:
As a hub for American Indian businesses, NADC provides technical assistance in the
creation and operation of reservation based Community Development Corporations,
empowering communities toward economic and social stability. NADC assists in
creating and administering loan funds to finance American Indian entrepreneurs and
establish economic infrastructure on reservations. NADC also provides educational
information for tribal governments in the areas of economic and technology
development. NADC and NADC PTAC continue to provide technical and resource
assistance to American Indian owned businesses in the areas of capital, partnerships,
marketing and federal contracting, respectively.
We will hear from Executive Director Leonard Smith and NADC staff about their work in Indian
Country and their perspectives on tribal sovereignty, self-determination and economic development.
3:30 p.m. – Bureau of Indian Affairs (BIA) Rocky Mountain Region (2021 N. 4th Ave., Billings, MT)
We will meet with Mr. Darryl LaCounte, Regional BIA Director, and staff from his office,
which serves each of the six reservations we will be visiting, along with the Arapaho and Shoshone
Tribes of Wyoming. The BIA is often the face of the federal trust responsibility toward Indian
Country and we will discuss how the BIA views its role with regard to tribal sovereignty, selfdetermination, and economic development.
6:00 p.m. – Dinner with Holland & Hart, Billings MT (401 N. 31st St, Billings, MT)
We will be hosted for dinner by attorneys from Holland & Hart’s Billings office. Like the
Crowley firm, Holland & Hart represents a range of clients doing business with Indian tribes and in
Indian Country and the firm’s attorneys work on complex and challenging issues of economic
development and tribal sovereignty.
Tuesday, April 5, 2016:
8:30 a.m. – Depart Billings (discussion of Crow Tribe issues and governance structure)
9:30 a.m. – Brief introduction to Crow from executive and legal staff
10:00 a.m. – Meet with Crow legal counsel
10:30 a.m. – Meet with Crow executive officials
11:15 a.m. – Meet with Crow legislators/attend meeting of Crow Health and Human Services
Committee
12:00 p.m. – Lunch/Tour Little Bighorn Battlefield with Livia Rose Williamson, Indian Battle
Tours, LLC (Meet at Battlefield Visitor Center)
2:00 p.m. – arrive Lame Deer, MT
2:00 – 4:00 – Meetings with Northern Cheyenne council members and officials
4:00 p.m. – depart Lame Deer for Wolf Point, MT
8:00 pm. – arrive Wolf Point, MT
Wednesday, April 6, 2016:
7:30 a.m. – Breakfast with Deputy Commissioner Cech and Angela McLean, Montana Office of the
Commissioner of Higher Education
8:30 a.m. – Depart for Poplar, MT
9:00 a.m. – Meet with council members and legal counsel of Ft. Peck tribes
11:00 a.m. – Visit tribal bison pasture and quarantine area
1:00 p.m. – Depart Poplar for Ft. Belknap (we will be joined on the bus in Glasgow by Mike D.
Fox, SORNA Compliance Officer/Offender Reentry Program Manager, former Council member,
former Inter-Tribal Bison Technical Assistance Provider, former Chief of Police and former
Fish/Wildlife/Buffalo Director. Mr. Fox will discuss a number of topics and provide a general
introduction to issues at Ft. Belknap.)
4:00 p.m. – arrive Ft. Belknap
4:00 – 6:30 p.m. – meet with Chief Judge Thelma Stiffarm, Ft. Belknap Tribal Court
Thursday, April 7, 2016:
8:30 a.m. – depart Havre
9:00 a.m. – arrive Box Elder
9:00 – 11:30 a.m. –meet with Rocky Boy council members, visit Stone Child College - meet with
Nathanial St. Pierre, President
11:30 a.m. – depart Box Elder
2:30 p.m. – arrive Browning
3:00 -5:00 p.m. – meet with legal counsel for Blackfeet.
Friday, April 8, 2016:
8:00 a.m. – depart Browning for Great Falls
10:00 a.m. –meet with Chairman Gerald Gray, Little Shell Chippewa Tribe
12:00 p.m. – depart Great Falls for Helena
1:30 p.m. – meet with Montana legislative services and counsel, counsel for State-Tribal Relations
interim committee
2:30 p.m. – meet with Governor Steve Bullock, Governor’s Legal Counsel, and Director of Indian
Affairs
4:00 p.m. – Depart Helena