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Native American Heritage Month
Indian Law in California
Governor’s Tribal Advisor Discusses Her Efforts for State’s Indigenous People
It’s a simple equation: More people equals more aspects of the law that need to be addressed. When you apply this to the country’s most populous state, California, the increase can seem exponential. Then consider the needs of major affinity groups in that state and the issue becomes even more daunting.
One of these groups was the focus of a firmwide Nov. 10 webinar during Native American Heritage
John Haney Christina Snider Month. It was moderated by Associate and Native Affinity Group Chair, John Haney (LAX), a member of the firm’s Native American Law Team for whom the topic is near and dear. His father served as chief of the Seminole Nation of Oklahoma, his mother is an attorney who practices Indian law and his brother is in-house counsel for the San Manuel Band of Mission Indians in California, a firm client. The guest speaker was Christina Snider, a tribal advisor to California Gov. Gavin Newsom who discussed her role as liaison between the state’s 109 recognized Native American tribes and the seat of power in Sacramento. Also executive secretary of the state’s Native American Heritage Commission (NAHC), Ms. Snider shared the balancing act that all involved are working to achieve.
“We are all trying to figure out how to work together better in a way that is mutually respectful and understanding of the cultural values being brought to the table. And not just the cultural values, but also the economic, community and environmental priorities,” Ms. Snider said. “As it is now, the obligation is again under the governor’s executive order, and it’s an affirmative obligation to all of the agencies under the governor’s authority.”
New Position, Old Issues
Ms. Snider, who was a classmate of John’s at the UCLA School of Law, was named the state’s tribal advisor in 2018. Created through executive order by then-Gov. Jerry Brown only 10 years ago, the cabinet-level role is designed to serve as a policy driver for the governor and administration, as well as a diplomacy vehicle for the state’s tribes. The latter aspect requires her to “communicate constantly with tribal nations in the state” on areas of the law that affect them.
Though the cabinet position is fairly new, the NAHC executive secretary role was developed during Brown’s first term as governor, which spanned 1975 to 1983. The commission is comprised of nine members who are tasked with protecting sacred sites and “cultural resources” – anything important to a tribe, but not necessarily natural resources, according to Ms. Snider. They also work to defend repatriation statutes under state law.
What Can Others Do?
In the same way that issues facing Native American communities in California and across the U.S. didn’t develop overnight, the solutions likely won’t be found quickly. But as Ms. Snider said in response to a question from a webinar attendee, anyone involved in the legal realm can help.
“I think all law is Indian law, and all Indian law is law. In terms of the legal space, I think educating yourself on how your area interacts with tribal nations, tribal law and Indian law is one thing you can do,” she said. “You don’t have to occupy that space, but you can find folks who are specialists to assist when needed.”
For example, Ms.Snider cited tax and property issues. “For areas like this, the baseline would be understanding the basis for Indian law and even why we call it Indian law. It’s cross-cutting,” she said. “It’s property law, it’s child welfare, it’s tax, it’s natural resources – it’s kind of everything.”
CELEBRATING NATIVE AMERICAN HERITAGE MONTH
The rich and diverse cultures, traditions, histories and contributions of Native American and Alaska Native people were celebrated in November through Native American Heritage Month, sponsored by Holland & Knight’s Diversity Council and Native American Affinity Group. In addition to the webinar discussion with Christina Snider, resources included a video series from the Native American Affinity Group highlighting perspectives from the firm’s Native American attorneys:
Episode 1: Native American Affinity Group
Chair John Haney Shares the Role of Art in his Family’s Culture
Episode 2: Jessica Laughlin Dispels
Common Misconceptions of What it Means to be Native American
Episode 3: Not All Fun and Games:
