#NAFOAFall22 Agenda

Opening Blessing and Cultural Sharing

NAFOA Welcome

Host Tribe Welcome

Conference Co-Chair Welcome

Treasurer Malerba and the Office of Tribal and Native Affairs

Chief Malerba has dedicated her entire career to Indian Country serving as the Lifetime Chief of the Mohegan Tribe and as an appointed member to the Tribal Treasury Advisory Committee. Chief Lynn Malerba is the first American Indian to serve as Treasurer of the United States. She will discuss her role overseeing the newly established Office of Tribal and Native Affairs and how she will be working to advance the priorities of the Biden administration.  

Speaker:

Chief Lynn Malerba, Treasurer of the United States

Midterms Matter: The Impact for Indian Country

The 2022 Midterm elections could shift the balance of power in Congress. Although Indian affairs are usually bipartisan issues, shifting priorities could impact tribes. What races should Indian country be watching and how likely is it that one or both houses will change leadership this cycle? How the results could impact the lame duck session? The panelists will share their views on what is in store for Indian Country.
Speakers:

Michael Carter, Staff Attorney, Native American Rights Fund

Josh Clause, Principal, Clause Law PLLC
Aurene Martin, Managing Partner, Spirit Rock Consulting LLC

GASB’s Back, Alright!

Chairman Joel Black returns to NAFOA to give an update on the Governmental Accounting Standards Board (GASB) current activities and comprehensive projects. Join us to get up to date on the world of tribal accounting. Joel will focus on new standards which are effective soon, such as leases and subscription-based IT arrangements, but will also provide highlights of longer-term GASB projects.

Speaker:
Joel Black, Chair, Governmental Accounting Standards Board

The State of the Economy

The panelists will examine what’s going on with inflation, the future of the labor market, and the risks to economic growth. Taking advantage of Dr. Blachflower's experience setting interest rates in the UK we will discuss in depth what the Federal Reserve is thinking about as it looks to tackle America’s inflation problem and what that means for jobs and the economy. Finally, we will discuss how the economy impacts people, analyzing research into well-being with a focus on well-being for Native communities. 

Speakers:
David (Danny) Blanchflower, Bruce V. Rauner Professor of Economics, Dartmouth College, Professor of Economics at the University of Stirling

Aaron Klein, Economic Advisor, NAFOA

Costs of everything are rising. Shortages once unheard of continue to pop-up. How should Tribes adjust plans to the return of inflation? Should we push off that big project? Economic uncertainty can throw our plans into disarray. Our panel of experts will discuss how to deal with the impacts of the pandemic and how to successfully plan for what may come next.

Moderator:
Aaron Klein, Economic Advisor, NAFOA

Speakers:
Michael Hay, Vice President, Fifth Third Bank
Patrick Davison, VP, Native American Gaming, PNC Bank
Heather Sobrepena, Engagement Director, Federal Reserve Bank of Minneapolis-Center for Indian Country Development
‌

Grant compliance is an essential part of a tribe’s grant management strategy. Additional sources of funding, along with the potential for operational and staffing challenges have added fresh layers of stress to grant compliance. This session will highlight how tribal governments have successfully navigated this recent era of uncertainty. Speakers will share and discuss their 2022 best practices as Indian Country prepares to close out current grants and prepare for new funding opportunities.
Moderator:
Tracy Stanhoff, President, American Indian Chamber of Commerce
Speakers:
Linda Austin, Chief Operations Officer, Ysleta del Sur Pueblo    
Christina Cartier, Chief Financial Officer, Tuolumne Me-Wuk Tribal Council
Ben Ray, Tribal Administrator & CEO, Big Valley Band of Pomo Indians

When it comes to business structures, tribes have options. There are many factors to look at when choosing the right structure for a project. Where will the business be conducted: on reservation, off reservation, in a foreign state? What type of activities will the business be engaged in? Panelists will discuss the factors that influence an ultimate decision, including the benefits of a Section 17 corporation and adoption of a robust corporate/business code.
Moderator:
Ken Parsons, Partner, Holland & Knight LLP
Speakers:
Adele Madden, CFO, EBCI Holdings LLC
Latisha Casas, Treasurer, San Manuel Band of Mission Indians
‌

Over the last 2 ½ years, tribal governments have seen more funding opportunities from the federal government than at any other point in history. As the country moves to a post-COVID future, tribes need to prepare for appropriations to return to pre-COVID levels. Learn how to use the final pieces of the federal pandemic relief funding to increase long term economic growth and ensure that tribal governments are ready for the new normal.
Speakers:
Brian Anderson, Partner, Wipfli LLP
Justin Lepscier, Tribal Administration Consultant, FSA Advisory Group
Ryan Luetkemeyer, Senior Manager, Moss Adams LLP

Last year, Congress passed major infrastructure legislation. In this session, our panelists will discuss what's available to tribal governments and corporations from the bill, and how to internally assess tribal infrastructure needs. Learn about access to various funding sources, as well as what to consider when planning infrastructure projects.
Moderator:
Geoff Urbina, Managing Director, Debt Capital Markets – Native American 

Speakers:
Anthony Rodman, Executive Director, White House Council on Native American Affairs
Dr. Kate Spilde, Professor and Endowed Chair, San Diego State University
Financial Service, KeyBanc Capital Markets Inc.
Quinton Carroll, Legislative Director, Native American Contractors Association

New Market Tax Credits (“NMTC”) are used for a variety of purposes. In recent years NMTC have been used for the construction of facilities, like health clinics, on Indian lands. Hear from our panelists on the steps to qualify for NMTCs, the preparation involved, and the types of projects that qualify.
Moderator:
David Black,  Community Development Expert, Office of the Comptroller of the Currency
Speakers:
Billy Nicholson, CFO, Colville Confederated Tribes
Adam Rose, Director of Partnerships and Growth, Travois
Scott Pinover, Director - Northeast Deal Team Manager, Wells Fargo Community Lending and Investment

Non-gaming investments are becoming more common among tribes. Some tribes are even investing directly in existing companies to diversify their economies. This session will provide an overview of the non-gaming financial market. Hear about the types of projects being funded and how lenders evaluate these projects. Learn how to evaluate off-reservation companies for investment potential.

Moderator:
Dawson Her Many Horses,  SVP & Head of Native American Banking, Wells Fargo Commercial Banking 
Speakers:

Kristi Jackson, Chairman, TFA Capital Partners
Eugene Magnuson, Senior Executive, Little River Holdings LLC
Ted Strong, VP Corporate Social Responsibility, Yakima Chief

A tapestry of court cases and statutes outline the boundaries of taxation on tribal lands. As a result, tribes face a complex landscape of rules dictating when they are subject to taxation. Statutes like IGRA and GWE establish rules for when payments to members are subject to tax or, alternatively, create an exemption from taxation. Panelists will discuss how to structure programs to comply with applicable laws while minimizing tax liabilities and risks should the tribe ever be audited. Moderator: Andy Huff, Senior Legal Advisor to the Center for Indian Country Development, Federal Reserve Bank of Minneapolis Speakers: Maranda Compton, Policy Consultant, Lepwe Rob Porter, Principal, Odawi Law PLLC Bob Whitener, Owner and Managing Partner, The Whitener Group LLC

Opening Blessing and Cultural Sharing

Developing and Retaining Talent After the Great Resignation

Tribal governments and tribal enterprises are not immune to the current hiring crisis. This session will discuss evolving best practices to help alleviate the problem of workforce recruitment and retention. Learn about engaging employees and developing talent that will benefit both the individual worker's goals and the tribe's long-term success.

Moderator:
Kitcki Carroll, Executive Director, United South and Eastern Tribes, Inc. (USET)

Speakers:

Christopher Castleberry, Tribal Council Treasurer, Snoqualmie Indian Tribe

Joseph Nayquonabe, CEO Mille Lacs Corporate Ventures
Jean Swift, Interim Chief Financial Officer, Mashantucket Pequot Tribal Nation

General Welfare Update from SSA

Tribal General Welfare Exclusion Act of 2014 made important changes in regards to exclusions for taxable income; however, TGWEA did not affect how income is calculated for recipients of Supplement Security Income (SSI). In response to comments provided by tribal leaders, the Social Security Administration (SSA) has developed a partial remedy to address this complication. Renee Ferguson, Deputy Associate Commissioner, Office of Quality Review will discuss how SSA is trying to remedy this going forward.
Speaker:
Renee Ferguson, Deputy Associate Commissioner, Social Security Administration
 

Supremely Bad News from the Court

Recent decisions by the U.S. Supreme Court have shaken our understanding of precedent, laws of the United States, and how Indian tribes fit within that framework. Cases like Oklahoma v Castro Huerta upend prior Supreme Court precedents while leaving Indian Self-Determination up in the air. These decisions have potential impacts on future economic development activities in Indian country. Panelists will discuss the impacts of the case and what strategies tribes can use to minimize them.

Moderator: 

Rico Frias, Executive Director, NAFOA

Speakers:

Jonodev Chaudhuri, Principal, Chaudhuri Law
Adam Crepelle, Assistant Professor, Antonin Scalia Law School, Director Tribal Law & Economics Program at the Law & Economics Center

Leading Through Adversity

Disputes between Indian Tribes and other local governments are happening to tribes throughout the United States. These disputes can cause difficult times for tribes. Leading through adversity takes a strong, well-rounded leader. Learn how Tribal leaders have led and are leading their tribes through times of adversity.

Speakers:
Melanie Benjamin, Chief Executive, Mille Lacs Band of Ojibwe
Rodney Butler, Chairman, Mashantucket Pequot Tribal Nation 
Matthew Pagels, President, Seneca Nation of Indians

ESG criteria is an important factor used to develop a socially-conscious investment strategy. This criteria includes sustainable and socially responsible investing, employee engagement, diversification of resources, and not-for-profit support. Learn what steps your Tribe can take to implement an effective ESG strategy.

Moderator:
Kate Finn, Executive Director, First Peoples Worldwide
Speakers:
Annie Rose Favreau,  Senior Manager, Moss Adams LLP
Shawn Watts, Director of US Strategy, The Christensen Fund

With interest rates on the rise, Tribes may want to consider utilizing interest rate swaps and other forms of interest rate protection agreements. This session will discuss the financial, legal, and practical perspectives, and how Tribes can mitigate interest rate risks. Panelists will provide tips for best practices and pitfalls to avoid.

Moderator:

Chris Malfant, Executive Vice President and Head of Fixed Income, Mutual of America Capital Management

Speakers:
Matthew Balka, Partner, FSA Advisory Group
Monica Fox, Tribal Administrator, Chicken Ranch Rancheria of Me-Wuk Indians of California
Aaron Levy, Partner, Sheppard Mullin Richter & Hampton

Tax credits such as the Low-Income Housing Tax Credits (LIHTC) can bring investment into a tribe and allow it to leverage existing cash into a larger construction budget. LIHTCs can also create jobs and support economic development during the construction phase. This session will examine how tribes can use LIHTCs to meet their housing needs and employ more tribal members.
Moderator:

Adam Rose, Director of Partnerships and Growth, Travois 

Speakers:
‌Stella Kay, Vice Chairwoman, Little Traverse Bay Bands of Odawa Indians
Robert Miguel, Chairman, Ak-Chin Indian Community
Martin Montgomery, Executive Director, Washoe Housing Authority

Please join us as we honor strong Native American Leaders who have brought about positive economic change for both their communities and Indian Country throughout the course of their careers.

The energy industry is experiencing a massive transition to cleaner technologies. These changes could help mitigate costs to tribal businesses and offer economic development opportunities. This panel will provide an overview of the economic impacts of alternative energy projects in Indian Country. The discussion will provide a clear roadmap for tribal leaders and decision-makers on how to evaluate the financial benefits of alternative energy projects and how they can be planned and funded. Project scale, technology selection, and other technical considerations will also be covered.
Moderator:
Nicholas Lovesee, Senior Policy Advisor, NAFOA

Speakers:
Mark Harding, Managing Partner, Sovereign Resiliency Partners
Sharol McDade, President/Founder, MACWORX LLC
Maggie Talmadge, Senior Manager of Tribal Engagement, Navajo Power
 

Section 105(l) leases are facility costs agreements to compensate Tribes and Tribal organizations for using their own or rented facilities to carry out obligations under ISDEAA self-determination and self-governance compacts. This panel will review how Tribes can qualify for and negotiate 105(l) leases, including the financial and accounting impacts to their existing ISDEAA program operations, as well as leveraging lease funds to finance facilities construction.
Moderator:
Caitlin Caldwell, Vice President, KeyBank
Speakers:
Geoffrey Strommer, Partner, Hobbs Straus Dean & Walker LLP
Kayla Gebeck Carroll, Associate Attorney, Holland & Knight LLP
Judith Wilson, Director, Office of Facilities, Property and Safety Management
Bureau of Indian Affairs

As part of the American Rescue Plan, the Homeowner Assistance Fund (HAF) provides close to $10 billion in financial support to help families weather challenges and remain in their homes. The HAF provides $500 million for tribes or tribally designated housing entities. Learn how tribal governments can work to support homeowners within their communities who may benefit from the program. Guidance from the Treasury will be discussed in detail including reporting and compliance.
Speakers:
Anthony Walters, Executive Director, National American Indian Housing Council

The risk of fraud and litigation exists within every tribal entity, tribal government, and/or organization. Protect your organization and its assets from accusations of fraud or embezzlement with a forensic audit. This session will discuss the costs, the time it takes to conduct, the steps, and when to conduct a forensic audit.
Moderator:
Hattie Mitchell, Senior Manager, REDW LLC

Speakers:
LaDonna Sinning, Partner, Arledge & Associates, C.P.
Peter George, Partner, MGO LLP
Telly Meier, Program Manager, Indian Tribal Governments, Internal Revenue Service

The American Rescue Plan Act of 2021 (ARPA) gave many tribes unprecedented funding opportunities to help recover from the pandemic. While many tribes have taken advantage of this funding, there are still opportunities that are not being utilized by tribes to the fullest extent. Learn about the various underutilized ARPA programs and other opportunities that are still accessible.

Moderator:
Casey Lozar, Vice President, Federal Reserve Bank of Minneapolis-Center for Indian Country Development

Speakers:
Trent Schwartz, Consulting Manager, Baker Tilly
Allison Binney, Partner, Akin Gump Strauss Hauer & Feld LLP
Fatima Abbas, Acting Director, Office of Tribal and Native Affairs
U.S. Department of the Treasury

Join us to celebrate a productive conference with bowling, billiards, bites, and beverages at High Rollers Luxury Lanes.