From gars@speakeasy.org Sat Jul 21 03:40:21 2001 Date: 19 Jun 2001 23:30:15 -0000 From: Gary Night Owl To: Internet Recipients of Wotanging Ikche Subject: Wotanging Ikche--nanews09.025 W O T A N G I N G I K C H E Otapi'sin Atsinikiisinaakssin KANOHEDA ANIYVWIYA O It-hah-pe-hah Ah-num pah-le Ha-Sah-Sliltha O o O ni-mah-mi-kwa-zoo-min Un Chota O o O Aunchemokauhettittea O o o o o O VOLUME 09, ISSUE 025 O o O Es'te Opunvk'vmucvse June 23, 2001 O o O Ximopanolti tehuatzin, Mvskogee blackberry moon O inin Mexika tlahtolli Yuchi blackberry ripening moon ( N A T I V E A M E R I C A N N E W S ) ==>If you want your Nation represented in the banner of this newsletter<== email gars@nanews.org with the equivalent of "News of the People" in your tribal language along with the english translation +-----------------------------------------------------------+ | Much more happens in Indian Country than is reported | | in this weekly newsletter. For daily updates check | | http://www.owlstar.com/dailyheadlines.htm - also events | +-----------------------------------------------------------+ This issue contains articles from www.pechanga.net; www.owlstar.com; indianz.com; OurRedEarth, ndn-aim, Red Road Newsletter, Triballaw, TurtleIslandNativeNetwork, First Nations and RezLife Mailing Lists; UUCP email IMPORTANT!! ----------- In accordance with Title 17 U.S.C. section 107, all material appearing in this newsletter is distributed without profit to those who have expressed a prior interest in receiving this information for educational purposes. <----<<<< >>>>----> This newsletter is a way of keeping the brothers and sisters who share our Spirit informed about current events within the lives of those who walk the Red Road. ++ It may be subscribed to via email by sending a request from your own internet addressable account to gars@speakeasy.org ++ It is archived at http://www.nanews.org As historian Patricia Nelson Limerick summarized in The Legacy of Conquest: The Unbroken Past of the American West, "Set the blood quantum at one-quarter, hold to it as a rigid definition of Indians, let intermarriage proceed as it had for centuries, and eventually Indians will be defined out of existence. When that happens, the federal government will be freed of its persistent 'Indian problem.'" "Whose voice was first sounded on this land?" "The voice of the red people who had but bows and arrows.." __ Mahpiua Luta +- -- -- -- -- -- -- -- -- -- -- -+ | Indian Pledge of Allegiance | The Indian Pledge of Alleg- | | iance was first presented | I pledge allegiance to my Tribe,| on 2 December '93 during the | to the democratic principles | opening address of the Nat- | of the Republic | ional Congress of American | and to the individual freedoms | Indian Tribal-States Relat- | borrowed from the Iroquois and | ions Panel in Reno, NV. NCAI | Choctaw Confederacies, | plans distribution of the | as incorporated in the United | Indian Pledge to all Indian | States Constitution, | Nations. | so that my forefathers | | shall not have died in vain | Walk in Beauty! Night Owl +- -- -- -- -- -- -- -- -- -- -- -+ +- -- -- -- -- -- -- -- -- -- -- -- -- -+ | Journey | In the summer and early fall | The Bloodline | of 1998 the Treaty Unity Riders | | rode a thousand miles on horse- | For all that live and live by law | back, carrying a staff and | We Stand, we Call, We Ride | praying each step of the way. | For All that fear and fear by sight | | We Hear, we Listen, we Ride | These prayers were offered for | For all that pray and pray by strength| each of us, and that the Unity | We Feel, we Move, we Ride | of all Peoples might happen. | For all that die and die by greed | | We Hurt, we Cry, we Ride | Tatanka Cante forwarded this | For all that birth and birth by right | poem on behalf of all the Unity | We Smile, we Hold, we Ride | Riders that we might stop and | For all that need and need by heart | ask if the next words we say, the | We Came, we Went, we Rode. | next act we make is for the good | | of the People or is it from ego | Treaty Unity Riders | for self. +- -- -- -- -- -- -- -- -- -- -- -- -- -+ O'siyo Brothers and Sisters! After last week's editorial and series of pieces on the lobster war between the Mi'kmaq and the Canadian Fisheries authorities, I received a thoughtful, heartfelt email from someone I know and love dearly who took a very hard stand against the Mi'kmaq. This individual accurately pointed out that at one time the waters in question were among the richest in the world. Her family had done very well fishing those waters. Then trawlers had come and sucked the bays of their life giving fish until, in a very short time, the waters were barren and almost devoid of life. A hard line had to be drawn. Fishing had to be highly restricted to all or all could simply forsake any hope of the waters returning to life. Over time, a time when hard sacrifices were made by this entire area that had come to depend on fishing for a livelihood, matters have improved, and restrictions have eased some -- but the area still cannot afford to allow unrestricted fishing to anyone. In this person's view, those Native fishing boats were nothing more than international poachers. This is NOT from some flag waving white. It is from a Blackfoot. Unfortunately, the Mi'kmaq story goes much deeper than simple and reasonable conservation and fair law enforcement. The Mi'kmaq hold a treaty with the Canadian government that has been validated by the Canadian Supreme Court and that guarantees their right to continue fishing in their traditional ways. These waters were not stripped of life by Mi'kmaq or any other aboriginals fishing in traditional ways for subsistence. They were stripped by greedy, mechanized Japanese, US, Canadian, Russian and other commercial fish factories on water. Fisheries Minister Herb Dhaliwal has vowed to uphold the "law" and stop the Indian Brook and Burnt Church Mi'kmaq from fishing "out of season" by whatever means. Minister Dhaliwal is, of course, selectively ignoring the Marshall Decision handed down by his own Supreme Court that states very clearly these Aboriginals have been granted the right to continue to fish these waters as they have from time immemorial, and are not bound by arbitrary curfews set by the Fisheries. The Department of Fisheries has shown itself more interested in public displays of authoritarian jawboning and brute force than in negotiating with the Mi'kmaq as mandated by the Court. For the record, if every member of the Indian Brook Band came in with a lobster every day, St. Mary's Bay would not slide into an abyss and its lobster population would not be significantly impacted. It's only when those AND the non-aboriginals fish (the latter often in ways that take many times more than just one or two lobster in an outing) that problems occur. Non-aboriginal commercial fishermen are raising unmitigated gall at every fish or lobster a Mi'kmaq takes while they are denied the same privileges. (Maybe, if they had had their entire way of life robbed from them, they too could live in rough-housing and fish in an unpowered boat any time they pleased. Wouldn't that make things nice and even?) Finally - If you have not reviewed the clip of the Mi'kmaq boat being rammed please do. This is in violation of every known international boating safety law. These are fishermen complying with their treaty rights. They are not drug lords being interdicted running cocaine. Quit treating aboriginal citizens like criminals, Canada! The video clip is up on two websites in RealMedia format: - http://www.owlstar.com/who_will_sing_for_us.htm - http://www.wintercount.org/whowillsing/ Dohiyi Ani Oginalii , , Gary Night Owl gars@nanews.org (*,*) P. O. Box 672168 gars@speakeasy.org (`-') Marietta, GA 30006, U.S.A. gars@olagrande.net ===w=w=== gars@sdf.lonestar.org ----------- News of the people featured in this issue ---------- - Gover's Activist Legacy - New Gaming Compacts escapes McCaleb bar Tribal Political Gifts - BIA Nominee Vows - $2.1 Million Awarded Quick Trust Fund Resolution in Hantavirus Misdiagnosis - Nova Scotia Native Band - BIA assumes Police Duties to discuss Fishing Plan on Fallon Reservation - Dhaliwal vows - Red Cliff unhappy with to stop Illegal Fishing County Citation Policy - Ottawa Balks at - Native Prisoner Paying Native Fishermans' Bills -- Prison Request - Natives Plot Strategy hand drums, herbs to fight Treaty Referendum -- prison needs - Tricks or Treaties smudge bowl, powwow drum - The Blanket Train - History: Carlisle Indian School for Aboriginal Rights - Rustywire: Native American Church - Gwich'in Nation blind-sided & Non-Indians by Norton Visit - Poem: Poor Will - Firefighters Hope to - Verse: Hawaiian Book of Days Save Canyon - Indian Leaders worry - Pyramid Lake Tribe insists about Losing Languages on Back Rent from State - Tribe growing Healthier Foods - ict: Tribes have right to Combat Diabetes to speak on Trafficway - Creating Legacy for the - State Legislators Muckleshoot Tribal School Study Tribal Issues - NY Times: Off-Field Hurdles - ictperspective: Stymie Indian Athletes Rosebud Hog Farm Issue - Upcoming Events --------- "RE: Gover's Activist Legacy escapes McCaleb" --------- Date: Wed, 13 Jun 2001 06:54:22 -0700 (PDT) From: Paul Pureau Subj: Gover's 'activist' legacy escapes McCaleb Mailing List: OurRedEarth Indianz.Com. http://www.indianz.com/SmokeSignals/Headlines/showfull.asp?ID=pol/6132001 Gover's 'activist' legacy escapes McCaleb JUNE 13, 2001 Should he be confirmed to run the agency, Neal McCaleb will inherit a number of politically touchy and legally thorny issues which have drawn heightened scrutiny to the Bureau of Indian Affairs. But as critics of federal recognition, Indian gaming, and the trust fund debacle call for changes in the way the BIA handles these and other tasks, McCaleb's nomination has drawn little interest in comparison to that of his predecessor, Kevin Gover. Even as McCaleb stands poised to tackle the job of Assistant Secretary, more attention has been paid to the Pawnee lawyer/lobbyist since he left office than to the Chickasaw Republican who faces his confirmation hearing today. To be sure, McCaleb's consideration for the job hasn't gone unnoticed. A number of national papers immediately covered Bush's decision to tap the Oklahoma Secretary of Transportation for the job while Gover's 1997 nomination was initially reported only by media in Indian Country and in New Mexico, where he lived at the time. Yet the flurry on McCaleb was largely due to Gover, whose decisions are still being scrutinized by anti-Indian gaming interests who have criticized him for returning to a job for which he was trained. When public opinion does weigh in on McCaleb, its to point out Gover's alleged failings or to cast blame towards his way for a "reprehensible record of the Clinton administration" as the Boston Globe did in an editorial this week. Interestingly enough, the continued focus on Gover was foreshadowed by a media report back in 1997. Just days before his October confirmation hearing, a New York Times writer published a column characterizing a former tribal client of Gover's as criminals and claiming that ties to Indian gaming would unfairly influence his decision making ability. While it raised the eyebrows of many and the story was followed by other outlets, William Safire's piece was largely discredited. As it turned out, quotes he attributed to a federal judge appeared nowhere in the ruling on Tesuque Pueblo while Senators Ben Nighthorse Campbell (R-Colo.) and Daniel Inouye (D-Hawaii) shielded Gover from the attack, assuring unanimous approval by the full Senate. In contrast, there has been no similar coverage of McCaleb's past, which includes a particularly troubled legacy -- in the eyes of tribal leaders - - over a Reagan-era report he signed onto calling for limitations on tribal sovereignty, increased development of Indian lands, and for dismantling the BIA altogether. A spokesperson for McCaleb has said he remains proud of the report and while it may come up in today's hearing, its unlikely to pose problems for Senators. Likewise, taxation compacts he shepherded through the Oklahoma Legislature in the wake of a Supreme Court decision his own tribe won are today likely to draw praise as a model of cooperation between tribes and states, even as tribal leaders continue to criticize him for a deal they say limits their sovereignty. McCaleb's recent involvement in a political scuffle in his Department of Transportation did draw some attention. But the brouhaha was largely Oklahoma-specific and had no hot-button angle like Indian gaming that would turn it into an affair of Gover proportions. Gover, however, shrugs off the media's apparent love/hate affair with him as personal. Even though the stories mention him by name, he believes the target is indeed McCaleb. "What worries me is not its effect on me," said Gover of the coverage, "What worries me is that it is an attempt to intimidate the new administration, the new [Interior] Secretary, and the new Assistant Secretary." Gover also says there is a message encoded in the attacks: "When you do things that are activist in favor in Indians, we're going to make you pay for it." "That is a bad environment for a new Assistant Secretary," he added. ===== FREE LEONARD PELTIER NOW STOP THE ETHNIC CLEANSING OF INDIGENOUS PEOPLE TO SUBSCRIBE TO NDN-AIM SEND A BLANK EMAIL TO: NDN-AIM-SUBSCRIBE@YAHOOGROUPS.COM FOR OTHER ACTIVIST ISSUES: AMERI-ADVOCATE-SUBSCRIBE@YAHOOGROUPS.COM --------- "RE: BIA Nominee Vows Quick Trust Fund Resolution" --------- Date: Thu, 14 Jun 2001 06:42:56 -0700 (PDT) From: Paul Pureau Subj: BIA Nominee Vows 'Quick' Trust Fund Resolution Mailing List: ndn-aim BIA Nominee Vows 'Quick' Trust Fund Resolution Associated Press Thursday, June 14, 2001; Page A41 A federally run trust fund for Native Americans that was mismanaged for more than a century can be fixed within four years, President Bush's nominee to head the Bureau of Indian Affairs said yesterday. Neal McCaleb told lawmakers it will be difficult to determine how much the government owes some 300,000 Indians for past mismanagement and to create an oversight system. "That's a quick fix under the schedules I've seen," McCaleb said, but added, "My desire and expectation is [finishing] both jobs." The trust accounts were set up to handle royalties from grazing, logging, mining or oil leases on Indian lands. From the beginning, however, the accounts were mismanaged, the government acknowledges. "It's a national scandal," Sen. John McCain (R-Ariz.) said during a Senate Indian Affairs Committee hearing. Lawyers for the Indians in a class action suit against the government have said at least $10 billion is owed, while government lawyers have said the amount is much less. A federal court has ordered the Interior Department, which oversees the BIA, to overhaul trust fund management and piece together what the Indians are owed. Dennis Gingold, an attorney for the plaintiffs, said McCaleb is a "babe in the woods" if he thinks he can fix it in four years. McCaleb said the BIA is working out glitches in databases created to help reconstruct and track the trust accounts. A member of the Chickasaw Tribe in Oklahoma, McCaleb most recently served as secretary of the Oklahoma Department of Transportation. He was a member of the Oklahoma House of Representatives from 1974 to 1982 and lost a bid for the Republican nomination for governor in 1982. The committee did not vote on his nomination, but is expected to do so within the next week. Copyright c. 2001 The Washington Post Company ===== Paul Pureau to subscribe to ndn-aim send a blank mail to: ndn-aim-subscribe@yahoogroups.com.com ndn-aim is now archived on line at Http://www.escribe.com/life/ndn-aim/ FREE PELTIER NOW! STOP ETHNIC CLEANSING OF THE LAKOTA! --------- "RE: Nova Scotia Native Band to discuss Fishing Plan" --------- Date: Fri, 15 Jun 2001 08:55:14 -0500 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="INDIAN BROOK" http://www.owlstar.com/dailyheadlines.htm June 14, 2001 Nova Scotia native band to discuss fishing plan on weekend -- chief HALIFAX (CP) -- An East Coast native band that pledged to defy federal fishing regulations says it will now wait until the weekend before possibly launching its disputed summer fishery. The Indian Brook band in central Nova Scotia said Thursday it would meet Saturday with councillors and residents to discuss the plan, which could lead to more arrests and charges. Chief Reg Maloney said there was a possibility the band might not put its boats in the water if the risks are deemed too high. "We're considering all our options and they're all bad," Maloney said from the reserve in Shubenacadie, N.S. The band had planned to launch about eight small fishing boats in St. Mary's Bay as early as Thursday, weeks after the commercial lobster fishery had closed. The landlocked band insists it has historic treaty rights to the fishery and that both the federal departments of Indian Affairs and Fisheries and Oceans don't have the authority to say when members can fish. Maloney had been waiting to receive letters from the two departments indicating what would happen if native fishermen went out on the bay. He also wanted Indian Affairs to recognize native treaty right to the resource. DFO restated its position that it would enforce laws governing a regulated fishery and possibly charge the native fishermen. Indian Affairs reiterated its claim it would not negotiate an immediate fishing arrangement that would allow the band to fish from June 13 to July 31. If natives do go out, they could have their gear seized. They could also face charges similar to the ones they received last year when they fished out of season. DFO officers and natives clashed from their boats last year as officials tried to seize their gear. Several natives were charged and the reserve lost most of its boats. Maloney said the band has to decide if it's worth being charged again. "We don't gain anything as far as our legal thing goes, but our people are so damned frustrated with being turned down with everything we try to work at," he said from his home on the large, economically depressed reserve. Maloney had asked Indian Affairs to grant them access to the fishery based on treaty rights, rather than through interim fishing deals offered through DFO. The federal government has offered Atlantic Canada's 34 native bands one- to three-year deals that give them access to the fishery, gear, training and funding. Maloney has resisted the deals offered after the Supreme Court of Canada recognized native fishing rights in a September 1999 decision. A later clarification by the court said DFO had the right to regulate the fishery. Copyright c. 2001, Canoe Limited Partnership. --------- "RE: Dhaliwal vows to stop Illegal Fishing" --------- Date: Fri, 15 Jun 2001 08:55:14 -0500 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="DHALIWAL VOWS" http://www.owlstar.com/dailyheadlines.htm Thursday, June 14 Dhaliwal vows to stop illegal fishing By Brian Underhill / Ottawa Bureau Ottawa - The federal government plans to step in and prevent Indian Brook Mi'kmaq from defying a ban on a summer lobster fishery in St. Marys Bay, Fisheries Minister Herb Dhaliwal said Wednesday. "If they fish illegally, we'll enforce the law," he said in an interview. The landlocked Indian Brook reserve has stated it will take a flotilla of boats to St. Marys Bay as early as today to fish lobster. Chief Reg Maloney has said about eight boats will head out into the bay, which separates Digby Neck and the mainland, to begin what they believe is their traditional summer fishery. A group called Christian Peacemaker Teams plans to send observers to St. Marys Bay to try to prevent the kinds of clashes that occurred last year in Burnt Church, N.B. However, Mr. Dhaliwal said he's sent a letter to Chief Maloney asking him to sit down and negotiate a fisheries agreement with Ottawa. The fisheries minister would not specify what action he's ordered in response to the situation with the Indian Brook band, but last year clashes with Department of Fisheries and Oceans officers led to several natives being charged and the seizure of many of the band's boats. "I think it is in everybody's interests to sit down . . . and work toward an agreement," Mr. Dhaliwal said. "I've always said I'd rather spend money on economic development rather than on enforcement, but at the end of the day we have to enforce the law." Tory MP Gerald Keddy said that under no circumstances should the federal government allow a summer lobster fishery in the region. "On the summer commercial fishery, anything beyond a zero tolerance won't work," he said. "If we're going to have peace on the water, we first of all have to conserve the resource." The South Shore MP added that nobody has a problem with allowing natives into the fall fishery to provide opportunities for their community. He said the Indian Brook band has already tried to achieve its ends through the courts, and now it seems it is going to push this issue to see if DFO will enforce the law. Mr. Keddy said he believes that if DFO enforces the law, Indian Brook will try to become a real participant in the fishery and not just collect money off someone else fishing their licences. West Nova MP Robert Thibault, minister responsible for the Atlantic Canada Opportunities Agency, agreed that regulations must be enforced and the resource must be protected. "What I would hope is that the Indian Brook leadership will go to the table and negotiate with the minister of fisheries and the minister of Indian and northern affairs for the good of their community and to maintain and develop some goodwill and good neighbours between all communities," Mr. Thibault said. He said fishing in the summer is very sensitive because it's a time when the non-native commercial fishermen leave the lobster stocks alone to grow and develop. Mr. Thibault said there is a right to a modest food fishery, but there is always a danger of turning it into "what could only be described as a commercial poaching operation." "That's what the department will have to protect against, as they have done in the past." Copyright c. 2001 The Halifax Herald Limited --------- "RE: Ottawa Balks At Paying Native Fishermans' Bills" --------- Date: Sun, 17 Jun 2001 10:58:11 -0500 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="FISHERMAN RULING" http://www.owlstar.com/dailyheadlines.htm Ottawa Balks At Paying Native Fishermans' Bills The Federal Government Will Appeal The Ruling FREDERICTON, 11:16 a.m. ADT June 16, 2001 --Ottawa has appealed a ruling forcing it to pay the legal fees of native fishermen over last summer's violent clashes in northern New Brunswick. Last month, New Brunswick judge William McCarroll stayed charges against seven defendants until the state provides them with the funds to mount a proper defence. The charges stem from confrontations on Miramichi Bay between Mi'kmaqs (MIG-maw) and federal fisheries officers. Federal Justice Department spokesman Glenn Chamberlain says the judge has gone beyond the norm in terms of providing state-funded counsel. At stake for the government is the precedent the case could set for future fishery, forestry and hunting cases. And then there's the money, which one lawyer has estimated could add up to as much as $2 million. Copyright c. 2001 by The Canadian Press. --------- "RE: Natives Plot Strategy to fight Treaty Referendum" --------- Date: Thu, 14 Jun 2001 08:15:53 -0500 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="FIGHT BC TREATY" B.C. native groups plots strategy to fight B.C. government treaty referendum GREG JOYCE NORTH VANCOUVER, B.C. (CP) - A B.C. native group expressed grave concern Wednesday about the new Liberal government's proposed treaty referendum and introduced a plan to try to stop it. A special committee set up by the First Nations Summit released a "strategic plan" to fight the provincewide referendum that could include direct and legal action. The comprehensive paper's objective is to "stop the proposed referendum on treaties," includes detailed Plans A and B and involves the support of businesses, municipalities, organizations, the federal government and the media. The Liberal government promised during the election campaign to hold a referendum within a year to try to get British Columbians' opinion on how treaties should be conducted and what should be open for negotiation. "If it's unsuccessful, we shall resort to direct action and then legal action," Judith Sayers, chief of the Hupacasath First Nation near Port Alberni, told dozens of delegates at the conference. Sayers and several other chiefs and councillors set up the committee, which was sanctioned by the summit. The resolution was expected to be passed later Wednesday or Thursday. The First Nations Summit is the native group that comprises all the bands in the province involved in the B.C. Treaty Commission process aimed at reaching treaties with the federal and provincial governments. Unlike the rest of the country, governments through British Columbia's history did not for the most part sign treaties with natives after the arrival of Europeans. More than 100 per cent of the province is now claimed as traditional territory by the almost 200 bands in the province. Sayers said the direct action would include measures to "promote economic uncertainty that could range from stopping logging to stopping transportation routes." "Direct action can be a wide range of things and the war council here will be planning to let people know that this referendum is going to hurt people." Under the strategy proposal, Plan A would be implemented now and continue until referendum talks begin on the question or questions to be posed. "The objective is to be diplomatic and try to give Campbell other options," Sayers told the delegates. "Campbell wants economic certainty and he can't do that without treaties. We have to use that to the maximum in our strategy." The summit also would have representatives attend the government's proposed open cabinet meetings and sit in silent protest. The second phase of the plan would begin after the referendum process has begun. More pressure would be applied through direct action and legal action and natives would be encouraged to phone talk shows, write letters to the editor and try to convince non-natives to vote in favour of natives. International human rights organizations would also be asked to express opinions that the referendum is a violation of human rights, said Sayers. The prime minister would be also be approached. "We need a public statement that they are not in favour of the referendum," Sayers said of Prime Minister Jean Chretien and the federal Liberals. "They have been silent." Earlier in the conference, summit executives Kathryn Teneese and Bill Wilson also suggested the Liberal government should be given a honeymoon period since, with the exception of the referendum, there has been no "anti-Indian bias" shown so far. Both applauded the government's decision to transfer the treaty-making process to the Attorney General's Ministry and delivery of services to aboriginals to another ministry. But Wilson reiterated that he believed the referendum would be divisive. "Nothing can be asked that hasn't already been answered," said Wilson. "And yet they think if they ask ordinary citizens, there is some wisdom there." He said a referendum "pandered to racists" in small communities and allowed them "to crawl out from under their rocks." Copyright c. 2001 The Canadian Press. Copyright c. 2001 Ottawa Citizen Group Inc. --------- "RE: Tricks or Treaties" --------- Date: Thu, 14 Jun 2001 16:59:56 EDT From: frosty@frostys.qc.ca Subj: tricks or treaties updated Mailing List: Red Road Newsletter Tricks or Treaties Updated Version. Here is what I think is interesting and some important questions. Why all of sudden is it that Canada is rushing to sign new agreements, ( Tricks ) treaties and getting rid of Indian Act? Mostly it gets rid of what Canada calls the "Indian Problem." Right across Canada we can find some sort of new agreement or what I call trick treaties. They call them treaties but they are nothing more than Canada stealing land they know they do not legally own. History tells us what they want, and they have two serpents to do it with. First the Political one and if that fails use the Justice one. Like the good cop, bad cop. So why the sudden rush ? Is it possible that the present rush by Canada is to protect itself in the event that Quebec separates and opens the door to all un-signed Aboriginal Nations to do the same ? Would the separation of Quebec open the door to Aboriginal Nations to demand the same right ? Think about it. To prevent that from happening, Canada has to put something in place fast. Because once they sign any new agreement with a nation, it would close any door opened to freedom and nationhood from Canada ? Simply speaking you are now part of melting pot of Canada. See, after all, once they are signing, ( any nation ) they then would fall out of the Indian Act and become Canadians according to Canadian Law. Think about it...!!!!!! And question this, does Aboriginal Nations presently have the legal right to separate from Canada and take control over the lands that legally belong to them ? If they do, then Canada is up a creek without a paddle. Is this what Canada is trying to prevent ? Before any nations signs anything they should looking in to this. Simple, ask do we presently have the right to separate ? Would they still have that same right once they sign anything the government is trying to get signed now ? If they do not, then it had better be included if one has that righ or lose itt. This and many things ares something one can not afford to lose as a rights as a people. If signing any new agreement removes any legal rights then it should not be signed. At least as I see it. That is the only reason Canada is behind rushing to crush the present 408 court cases and rid itself from the Indian Act. Its the only reason to sign new TRICK treaties. You don't have a case if you have no Indian Act. You must "act locally but think globally." But the next question should be, do native nations know what are there RIGHTS ? Before you rush to sign anything it would a good time to find out what you have and don't have. Take a look at history and see what you believe you had and do you still believe you have it. And if you do, then RECORD THEM. You can email if you like at frosty@frostys.qc.ca --------- "RE: The Blanket Train for Aboriginal Rights" --------- Date: Wed, 13 Jun 2001 07:55:25 -0700 From: Tehaliwaskenhas-Bob Kennedy Subj: The Blanket Train for Aboriginal Rights Mailing List: TurtleIslandNativeNetwork@yahoogroups.com The Blanket Train for Aboriginal Rights Aboriginal Rights Coalition - Come Join the Blanket Train! June 21 is National Aboriginal Day. We are gathering in Ottawa to call for Justice! Take the train to Ottawa with the Aboriginal Rights Coalition and the Canadian Ecumenical Jubilee Initiative. On June 21, community activists from across Canada will come together in Ottawa at the Supreme Court of Canada building to symbolically reverse the process of dispossessing Aboriginal peoples from the land, and to show support for the ARC/Jubilee "Land Rights, Right Relations" petition campaign. In a twist on the "blanket exercise" that dramatizes the forced separation of Aboriginal peoples from their home, we will roll out blankets from across Canada, symbolizing our commitment to restoring right relations with Aboriginal peoples, and joining in the Jubilee call for a truly independent commission to implement Aboriginal land, treaty, and inherent rights. We're coming on three trains: one from the East (Halifax); one from the North (Churchill); and one from the West (Vancouver). The Eastern train will pick up Quebec participants in Montreal. The Churchill and Vancouver trains will meet in Winnipeg, and will be joined in Toronto by folks from the Southern part of Canada. We will come carrying the blankets that symbolize the land we once shared, stopping along the way to pick up bundles of blankets from individuals and communities. People can join us for the journey if they wish. On June 21, upon our arrival in Ottawa, we will spread out the blankets - 500, we hope! How Can Local Groups Participate? Plan your own event to collect as many blankets as possible (including some blankets with special significance to your community). Meet the train when it arrives in your area, and pass on the blankets. Invite local Aboriginal communities to welcome the train to their territory... hold a ceremony marking the passing of the blankets. Hold a petition blitz before, during, or after the train comes through. Any completed petitions can be handed over with your blankets! Come to Ottawa! Join us on the train... carpool...take a bus...ride your bike...canoe up the Rideau Canal...however you do it, join us in Ottawa on June 21 Trains will be following these routes: 1. Halifax-Truro-Moncton-Bathurst-Campbellton-Charny- Drummondville-Saint Lambert-Montreal-Alexandria-Ottawa 2. Churchill-Gillam-Ilford-Pikwitonei-Thicket Portage-The Pas-Hudson Bay-Dauphin-Winnipeg 3. Vancouver-Kamloops-Jasper-Edmonton-Saskatoon-Melville- Winnipeg-Sioux Lookout-Capreol-Sudbury Junction-Toronto-Oshawa-Coburg- Belleville-Kingston-Brockville-Smith's Falls-Ottawa The western train leaves Vancouver, BC on June 17 at 5:30 pm. There's a "send off" ceremony beginning at 4:30 pm and Chief Arthur Manuel is expected to speak at before he gets on the train. If it's a sunny day then they're planning on having the ceremony and speakers outside. If it's raining then in the rotunda inside the train station. Then, it DEPARTS from the following places at these times: Mission - 7:30 pm Agassiz - 8:00 pm Katz - 8:25 pm (stops on request only) North Bend - 9:30 pm Ashcroft - 11:57 pm (stops on request only) JUNE 18 Kamloops North - 2:32 am Clearwater - 4:19 am Blue River - 6:16 am Valemount - 7:52 am Jasper - 12:25 pm Hinton - 1:37 pm Edson - 2:40 pm Evansburg - 3:43 pm Edmonton - 6:30 pm Viking - 8:08 pm Wainwright - 8:56 pm Unity, Saskatchewan - 11:14 pm JUNE 19 Biggar - 12:45 am Saskatoon 2:25 am Watrous - 3:30 am Melville - 6:02 am Rivers, Manitoba - 8:26 am Brandon North - 8:43 am Portage la Prairie - 9:52 am Winnipeg 12:10 pm Sioux Lookout 6:30 pm JUNE 20 Sudbury Junction 1:10 pm It arrives in Toronto at 8 pm. The Windsor, Ontario train departs at 5:30 on June 20 and arrives in Toronto at 9:18 that night. The people on these trains then depart for Ottawa at 6:55 am on June 21. They are scheduled to arrive at 11:16 am. The Halifax train departs on June 20 at 12:55 pm. It arrives in Montreal the next day at 8:10. It then departs at 10 am and is scheduled to arrive in Ottawa on June 21 at noon. The northern train leaves Thompson on June 17 at 12:35. It gets into Winnipeg on June 18 at 8 am. The people on this train then link up with the people from Vancouver. ---------- On June 21 people from across Canada will gather in Ottawa to remember the loss of land by Aboriginal peoples and to symbolize a reversal of this process. Blankets are being collected on three trains heading to Ottawa for National Aboriginal Day from Halifax, Churchill and Vancouver. On June 21 the blankets will be rolled out as a way of symbolizing our commitment to restoring right relations between our peoples. (At the end of this event, they will give the blankets to homeless shelters.) At this time, also, petitions calling for a renewed relationship between Aboriginal and non-Aboriginal peoples are being signed and collected. It also calls for the establishment of an independent commission with the mandate to implement land treaty and inherent rights. We invite individuals and groups to bring blankets (they do not need to be new) to St. Paul's United Church, 404 Cleveland Ave., Riverview on Monday, June 18 between 1:00 and 4:00 P.M. We urge people to sign the Jubilee Petition on Aboriginal Land Rights which are available in your local congregation. On Canada's east coast please join us to meet the Blanket Train at the Moncton, New Brunswick Via Rail Station on Wednesday, June 20 at 5 P.M. for a good send off! Need More Information? TO PARTICIPATE, CONTACT: Jennifer Henry at 416-462-1613 Julie Graham at 416-463-5312 FOR GENERAL INFORMATION OR MEDIA INQUIRIES, CONTACT: Sara Stratton at 416-927-1305 Ed Bianchi at 613-235-9956 Aboriginal Rights Coalition http://www.aboriginalrightscoalition.ca/ For more background on Aboriginal Rights issues see http://www.turtleisland.org/news/news-aboriginalrights.htm Turtle Island Native Network http://www.turtleisland.org Canada's best online source for Aboriginal news and information. 500,000 hits a month . . . and growing! --------- "RE: Gwich'in Nation blind-sided by Norton Visit" --------- Date: Fri, 15 Jun 2001 04:44:27 -0700 (PDT) From: Paul Pureau Subj: Gwich'in Nation blind-sided by Norton visit Mailing List: ndn-aim Indianz.Com http://www.indianz.com/SmokeSignals/Headlines/showfull.asp?ID=env/6152001 Gwich'in Nation blind-sided by Norton visit JUNE 15, 2001 The Gwich'in Nation is "scrambling" to receive Secretary of Interior Gale Norton during her visit to the Arctic National Wildlife Refuge next week, a spokesperson for the tribe's steering committee said on Thursday. "We think its a good thing that she's coming because she refused to meet with us the last time she was here," said Faith Gemmill. "I hope she really listens and hears our concerns." But since Norton's visit to Arctic Village, a Gwich'in community located just off the southern border of ANWR, falls just two days before a major tribal summit, Gemmill criticized the Secretary for not consulting with tribal leaders beforehand to make better arrangements. The village council learned of her visit late Wednesday, a trip Interior officials told Indianz.Com was in the works for a week. "It would have been better if she came during our gathering," said Gemmill of the four-day event which begins next Thursday. "Instead, she's going to show up when none of [our leaders] are there [at Arctic Village] yet." For Norton, the trip is her second to the 19.5 million-acre refuge whose 1.5 million-acre coastal plain has been targeted for oil and gas development. In March, Senator Frank Murkowski (R-Alaska) led a small delegation to ANWR's North Slope, where they met with leaders of Kaktovik, an Inupiat Eskimo village whose residents support drilling. "When I was there the last time, I said I would go back," said Norton in an interview in her office yesterday. Her primary goal will be to observe the types of drilling technologies which have been promoted as environmentally responsible. Ice roads built in the winter will have melted away, she hopes, proving to herself and others that development can occur with minimal impacts. But she'll also spend a few hours with Gwich'in Athabaskans, who fear drilling will destroy the caribou herd on which they depend. "I am going to be spending some time hearing the other side of the issue," she acknowledged. With the 10,000-member Gwich'in Nation dispersed among 15 villages in Alaska and Canada, however, Norton will only be meeting with a small tribal contingent next week. Although Arctic Village is the site of the tribe's gathering -- which was called by Gwich'in youth to address the threat of drilling -- transportation and logistical difficulties are preventing other village leaders from rearranging their trips to coincide with the visit. "At the last minute, we're scrambling to bring some people early but people can't change their plans," argued Gemmill. That doesn't mean Norton won't be welcomed warmly by the Gwich'in, though. Arctic Village has a population of about 125, said Gemmill, and the council has begun preparations for a traditional feast, which will include moose: five have been shot around the village recently. The caribou hunting season won't start again until this fall but some meat might be brought from Canada and offered to the Secretary, said Gemmill. The village's traditional dancers are also planning a ceremony for Norton, she added. Democrats in control of the Senate have proclaimed President Bush's push to open ANWR for development a dead proposal. ===== FREE LEONARD PELTIER NOW STOP THE ETHNIC CLEANSING OF INDIGENOUS PEOPLE TO SUBSCRIBE TO NDN-AIM SEND A BLANK EMAIL TO: NDN-AIM-SUBSCRIBE@YAHOOGROUPS.COM FOR OTHER ACTIVIST ISSUES: AMERI-ADVOCATE-SUBSCRIBE@YAHOOGROUPS.COM --------- "RE: Firefighters Hope to Save Canyon" --------- Date: Wed, 13 Jun 2001 09:45:21 -0500 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CORDOVA FIRE" http://www.owlstar.com/dailyheadlines.htm Wednesday, June 13, 2001 Firefighters Hope to Save Canyon By Wren Propp Journal Staff Writer DULCE - A timber-rich canyon near the 700-acre Cordova Fire south of Dulce is on firefighters' list of priorities to save, according to a Bureau of Indian Affairs official. Soldier Canyon, filled with ponderosa pine and Douglas fir sold by the Jicarilla Apache tribe, also leads straight north into Dulce, where many members of the tribe live, said Marvin Olson of the BIA Forestry Division. Fire crews concentrated Tuesday on increasing their containment of the blaze, despite erratic winds in the afternoon. "If it holds together ... then we may have it almost beat," said Olson, who is among representatives of federal and state agencies who have combined efforts to stall the blaze. The Cordova Fire began Saturday after a dry thunderstorm moved through the area on Friday, he said. One firefighter was injured in a chain-saw accident on Monday. He was sent home. No structures are threatened by the fire so far. The tribe's timber industry took a large hit in the Mount Archuleta Fire, which began almost five years to the day before the Cordova Fire, north of Dulce. The 1996 fire, also started by lightning, destroyed nearly 15,000 acres. The tribe lost nearly 8 million board feet of timber in the fire, although some was salvaged and sold at a low price, Olson said. The tribe relies heavily on timber and oil for income. He did not know how many board feet of timber could be harvested from Soldier Canyon. On Tuesday, a village of brightly colored tents dotted the tribe's fairgrounds. The tents are used by firefighters to rest in when their shifts end. Larger white tents for administrators' offices, including a fire behavior analyst, also were set up near the tent city. Helicopters dumped large buckets of water from the air Tuesday. Some of the terrain's rugged rock outcroppings were painted pink with fire- retardant slurry dropped from the air. Three helicopters, three air tankers, one lead plane and one air attack plane were fighting the fire on Tuesday. The few serious fires found in other parts of the Southwest this week allowed planes, helicopters and fire crews to concentrate on the Cordova Fire, said Karen Lightfoot, a fire information officer at the fire. Fire crews tried to keep a handle on "spot" fires - fires that appear ahead of the fire after sparks are blown by the wind - to stall growth of the fire. Average snow and rainfall last winter has helped keep a damper on the fire, said Olson. The normal winter precipitation in late 2000 and early 2001 helped break a two-year drought's grasp on the area. "If not for the average winter, this would be a lot worse," Olson said. But high temperatures in the 80s and low humidity have kept the fire stubbornly burning, Olson said. Lightfoot said officials are also concerned about a storm front forecast to move into the area later this week. Wind squalls, and more dry lightning, could increase the blaze, she said. Copyright c. 2001 Albuquerque Journal --------- "RE: Pyramid Lake Tribe insists on Back Rent from State" --------- Date: Mon, 11 Jun 2001 21:26:51 -0700 From: Martha Elizabeth Ture Subj: Pyramid Lake tribe insists on back rent from State Mailing List: TRIBALLAW (triballaw@thecity.sfsu.edu) Tribe holds NDOT staff for 2 hours in dispute Associated Press Saturday June 9th, 2001 Tribal police detained a dozen state transportation workers Friday for nearly two hours at a maintenance shed on tribal lands in a dispute over back rent for the facility. A Pyramid Lake tribal official said police were trying to stop the Nevada Department of Transportation from leaving the premises without settling an alleged $335,000 debt to the tribe. The department has leased a building on tribal lands in Nixon since 1965 but didn't renew its 25-year lease that came due in 1989. The department said it has paid its debt. "It comes down to an issue of money," said NDOT spokesman Scott Magruder Friday. No one was hurt and no outside law enforcement officers became involved in the incident before the workers were allowed to leave the maintenance yard at Nixon about 30 miles northeast of Reno about 1 p.m. The tribal officers stopped blocking the state workers' departure after the Nevada Attorney General's Office suggested to lawyers for the Pyramid Lake Paiute Tribe that further detainment could constitute a crime, a deputy attorney general said. Tribal Chairman Allan Mandell said both sides were to negotiate new lease terms next week. He said NDOT was like a bad tenant trying to skip out on the rent. "It was like they were packing up to go in the middle of the night but they did it in the day," Mandell said. "This came as quite a surprise this morning. They were trying to skip out the back door." The Nevada Department of Transportation workers never were considered to be in any danger nor were they ever considered being held hostage, spokesman Scott Magruder said Friday. "They were detained," Magruder said. "They wouldn't let our people leave. They were detained a couple of hours. But everyone is fine," he said. He said there were about a dozen state workers but he did not know how many tribal police officers. Brian Hutchins, chief deputy attorney general for NDOT, said the debt has been paid and the department was trying to clear the premises after receiving a note that said they were trespassing. "We paid the debt but they don't agree with that," he said. "We don't want to be trespassers and I don't think we were. This is a civil dispute and we're just trying to resolve this in an amicable fashion." The tribe recently notified the state it would be guilty of trespassing if it returned to the facility. The workers were attempting to remove state road construction equipment and relocate it about 20 miles south to Fernley when the tribal police blocked their way, he said. The tribal officials agreed to allow the workers leave with the vehicles in which they arrived. But the state workers left behind a front-loader, two trailers and an old pickup truck, Magruder said. "Basically they said they were holding it as collateral," he said. He said state workers already had removed computers, fax machines and other office equipment from the maintenance facility. He said the department owes Pyramid Lake Tribe more than $335,000 in rent and fees incurred from the trespass. A spokeswoman for the tribe in Nixon referred a telephone call from The Associated Press to a tribal police officer, who referred calls to the tribal police chief, who did not immediately return messages seeking comment. Washoe County sheriff's deputies did not become involved at any time, sheriff's spokeswoman Michelle Youngs said. Hutchins said it was his understanding that the workers had been held against their will for less than two hours. But he said the state considered the dispute to be a civil case and that he did not anticipate the pursuit of any criminal charges. "The essence of this was the tribal police were preventing NDOT personnel from leaving the yard. They didn't want the NDOT personnel to take the equipment," Hutchins said. "We are going to continue negotiating with the tribe and its attorneys to come to an understanding of the agreement and where we are at." Mandell said the tribe was willing to resolve the dispute with the department because for years, the rental agreement had benefited both parties. "We've had long-term relationship with NDOT and we hope we can continue and resolve this issue." Gazette-Journal reporter Rhina Guidos contributed to this report. Copyright c. 2001 Reno Gazette-Journal _______________________________________________ Triballaw mailing list Triballaw@thecity.sfsu.edu http://thecity.sfsu.edu/mailman/listinfo/triballaw --------- "RE: ict: Tribes have right to speak on Trafficway" --------- Date: Mon, 11 Jun 2001 13:48:40 -0700 (PDT) From: Paul Pureau Subj: ict:Tribes have right to speak on South Lawrence Trafficway Mailing List: ndn-aim June 13, 2001 Tribes have right to speak on South Lawrence Trafficway by Dean B. Suagee Guest Columnist The April 11 edition of Indian Country Today reported that Haskell Indian Nations University has agreed to cooperate with the Kansas Department of Transportation in the construction of a highway project known as the South Lawrence Trafficway. Transportation has been trying to build this highway bypass for more than a decade, and the opposition of Haskell has been a major factor in keeping the eastern segment from being built, so if Haskell really has decided to drop its opposition, that is news. That should not be the end of the story, though. There are other reasons why this road project should not be built, at least not before the responsible federal agency has fulfilled its legal obligations to consult with concerned tribes. Obviously, Haskell has a strong interest in whether the highway is eventually built and, if so, where it is located. Until fairly recently, the department's preferred route was an alignment along 31st Street on the southern edge of the Haskell campus. The other two alternatives it considered would run through an area south of 31st Street and north of the Wakarusa River that historically was part of the Haskell campus. Although it clearly has an interest in the project, Haskell does not necessarily speak for concerned tribes. Concerned tribes have a statutory right to speak for themselves, a right arising from a federal law known as the National Historic Preservation Act. My purpose in writing is to explain this legal right, in case there are any tribes that choose to exercise it. Perhaps consultation with tribes will lead to consensus on a route for the bypass, or perhaps some tribes will voice strong opposition to any route north of the River. Until there has been a reasonable and good-faith effort to find out what concerned tribes think about this project, it is premature to regard any decision by the Department of Transportation as final. Before discussing the relevant law, I should provide a little background. Reading the story in the April 11 edition, I realized I have some information about this proposed highway project I really should share with the larger American Indian community. For the past seven years I have taught a course in the Vermont Law School summer session on environmental law in Indian country, in which we cover the preservation act and other cultural resource laws such as the Native American Graves Protection and Repatriation Act. I have followed developments in this proposed project and read many of the documents that are part of the public record. What I found from my reading of the documentary record is disturbing, especially the failure of the responsible federal agency to begin the process of consultation with tribes that attach religious and cultural significance to historic properties that would be affected by the project. The federal agency with the most direct authority over the project is the Federal Highway Administration, the agency that provides federal funds to the Kansas Department of Transportation. Because the project would require filling wetlands, the Army Corps of Engineers also has permitting authority over the project. Section 106 of the preservation act requires that any federal agency with jurisdiction over a federal or federally-assisted undertaking must take into account the effects of the undertaking on properties that are listed on, or eligible for, the National Register of Historic Places. The section 106 process is governed by regulations issued by the Advisory Council on Historic Preservation (Council), 36 CFR part 800. Amendments enacted in 1992 provide that when a federal undertaking would affect a historic property an Indian tribe regards as having religious and cultural importance, the agency must consult with the tribe as part of the section 106 process. In May 1999 the council issued final regulations to implement the 1992 preservation act amendments, and then, on Dec. 12, 2000, it re-issued final regulations in slightly revised form. Information is available on the council web site: www.achp.gov. The section 106 process usually is carried out by the responsible federal agency and the state historic preservation officer (or for reservation lands, a tribal historic preservation officer), and usually results in a memorandum of agreement. The council does not usually participate directly in the process, but it has the authority to do so when it so chooses. In this case, the council has put Kansas Department of Transportation, the Federal Highway Administration and the corps on notice that it does want to participate directly, and the council also is on record stating its disagreement with certain key findings of the Kansas preservation officer. There is not yet a memorandum of agreement completing the Section 106 process for this project, and there are some serious issues to be resolved. I only have space to give an overview of some of these historic preservation issues. The entire Haskell campus north of 31st street has been determined to be eligible for the National Register of Historic Places. In addition, a number of buildings and a cemetery within the Haskell campus have been designated a National Historic Landmark, a designation that calls for a higher standard of protection. The documentary record shows that there has not been any effort to consult directly with tribes regarding the impacts of the proposed road on the current Haskell campus. There are sites within the southern part of the Haskell campus that are currently used by students, faculty and staff for religious practices. It may be that some tribes attach religious significance to such places. In addition, it is likely that many tribes attach religious significance to the cemetery on the Haskell campus. It may be that impacts such as noise and visual intrusion resulting from the highway project can be adequately mitigated, but tribes with religious and cultural concerns have the right to participate in consultation regarding the nature of the impacts and the fashioning of mitigation measures. The Section 106 process is not limited to places known to be listed on or eligible for the National Register. The process also includes identifying places that might be eligible and evaluating them. There may well be places in the area south of 31st Street that are eligible for the National Register, but no genuine effort to identify and evaluate such places has yet been made. The area south of 31st Street (directly south of the current Haskell campus) and north of the Wakarusa River was historically part of Haskell. Between 1900 and 1935 this area was used by Haskell in its agricultural education programs. This area had been largely wetlands, and the federal government took a number of steps to drain the wetlands and make the area usable for growing crops. The federal government later conveyed its holdings in this area to Baker University, which is now commonly called the Baker wetlands and which has been designated a National Natural Landmark. Although Haskell no longer owns this land, it is my understanding that Haskell does use portions of this land in its environmental science curriculum. In August 1997, the Kansas preservation officer wrote to the corps stating, among other things, a finding that the Baker wetlands south of 31st Street is not eligible for the National Register because its historic significance was said to be its use by Haskell for agricultural education and, since it was no longer used for that purpose, it had lost the integrity that may have once made it historically significant. In October 1997 and again in April 1999, the council expressed its concerns to the corps and Federal Highway Administration regarding the project and the lack of documentation on compliance with Section 106. The council expressed disagreement with some of the findings made by the state preservation officer and stated that the council had decided to participate directly in the Section 106 consultation process for this project. In June 1999, the council told the Federal Highway Administration the area south of 31st Street and north of the river still needs to be evaluated to determine whether there are properties within this area that are eligible for the National Register. The council also said previous surveys and studies of this area did not adequately consider Native American views on the historical, religious and cultural significance of the area. In other words, the Federal Highway Administration and its grantee the Kansas Department of Transportation cannot rely on the Kansas preservation officer's finding that this area is not eligible for the National Register, and, further, any agreement to conclude Section 106 process will not be valid without the concurrence of the council. What is the likelihood there are historically significant places within the area between 31st Street and the River? This is a question that can really only be answered by seeking input from concerned tribes. The first step of the Section 106 consultation process requires the responsible federal agency to "make a reasonable and good faith effort to identify any Indian tribes or Native Hawaiian organizations that might attach religious and cultural significance to historic properties in the area of potential effects and invite them to be consulting parties." 36 C.F.R. - 800.3(f)(2). This section of the regulations also says, "Any such Indian tribe or Native Hawaiian organization that requests in writing to be a consulting party shall be one." So, any tribe that wants to be a consulting party in this matter should write the Federal Highway Administration. (The regulations also provide that where a federal agency allows a non-federal applicant (such as Transportation) to initiate the Section 106 consultation process, the federal agency remains responsible for ensuring that the process is carried out consistently with the government-to- government relationship between the federal government and the tribes. (36 C.F.R. - 800.2(c).) What kinds of historically significant properties might be found within the Baker wetlands? Oral tradition says there are graves of American Indian students in the wetlands. The cemetery at Haskell is part of the National Historic Landmark, and any graves of American Indian students in the Baker wetlands could be considered to be connected with this cemetery. Tribes generally attach religious significance to graves. Oral tradition also indicates that non-native medicinal plants were introduced into the wetlands by American Indian people who came to Haskell from some distance (sometimes in the context of visiting students). Places where such medicinal plants still grow might have religious and cultural significance to some tribes. Furthermore, there may be historic significance in the way the Baker wetlands has been allowed to return to wetlands and the way this area is used in environmental education. This area was made to serve a key function during the allotment era of federal Indian policy as a place to teach American Indian students the arts of agriculture as practiced by the larger American society. Although this area is no longer used for the assimilationist purposes of the allotment era, its current use in the environmental science curriculum by Haskell is illustrative of an overriding theme of the dominant society's policy of using education to promote assimilation - American Indian people have taken over the institutions of education and used them for their own purposes, including the purpose of cultural survival. As the Baker wetlands has returned toward its natural state, bearing many reminders of the ways it was modified, it has become a valuable educational resource for teaching science in the context of tribal cultural values. As such, its current use by Haskell shows both the resilience of tribal cultures and their dynamic nature, their capacity for changing in ways that hold faithful to core values. There may well be National Register significance in this. My point is that, under the council's regulations, tribes that may attach religious and cultural significance to the Baker Wetlands have the right to participate in making such determinations. The issues I have raised cannot be resolved until the Federal Highway Administration makes a reasonable good faith effort to identify tribes that attach religious and cultural importance to historic properties that would be affected by the project and provides any such tribes the opportunity to be consulting parties. In sum, the Section 106 consultation process has barely begun; because identifying concerned tribes is part of the first step, and this has not been done, the highway administration is legally required to go back to the beginning. Editor's note: Dean Suagee is director of the First Nations Environmental Law Program at Vermont Law School, in South Royalton, and of counsel to the law firm of Hobbs, Straus, Dean & Walker, LLP. He is a member of the Cherokee Nation. ===== FREE LEONARD PELTIER NOW STOP THE ETHNIC CLEANSING OF INDIGENOUS PEOPLE TO SUBSCRIBE TO NDN-AIM SEND A BLANK EMAIL TO: NDN-AIM-SUBSCRIBE@YAHOOGROUPS.COM FOR OTHER ACTIVIST ISSUES: AMERI-ADVOCATE-SUBSCRIBE@YAHOOGROUPS.COM --------- "RE: State Legislators Study Tribal Issues" --------- Date: Wed, 13 Jun 2001 09:45:21 -0500 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="SD TRIBAL ISSUES" http://www.owlstar.com/dailyheadlines.htm Wednesday, June 13, 2001 State Legislators Study Tribal Issues By JOE KAFKA Associated Press Writer PIERRE - Although told that a state study of racial profiling is under way, the Legislature's State-Tribal Relations Committee decided Tuesday that it would look into the issue. The panel will also study Indian health care and reservation economics this summer. Assistant Attorney General Charlie McGuigan said University of South Dakota personnel are doing research into the treatment of Indians in the criminal justice system. The study, which involves the attorney general's office, governor's office, state courts and prison system, is to be finished by year's end, he said. McGuigan said arrest data, court records and parole information are being examined. "They hope to take those three data bases and be able to trace the person from the beginning of the process of initial contact with law enforcement all the way through their final release from the penitentiary to determine at each step of that process if there is any racial bias," he said. The governor's office is at the helm of the project, McGuigan said, adding that the attorney general's office has hired someone to assist and provide oversight. But Sen. Ron Volesky, D-Huron, who offered an unsuccessful bill earlier this year to study racial profiling, said the USD research does not deal with traffic stops. Many Indians feel they are being unfairly singled out by police, and the legislative committee should focus on that issue, he said. "We can't say if it exists or not if we don't gather the data," Volesky said. Rep. Thomas Van Norman, D-Eagle Butte, also said the USD study does not address concerns about Indian motorists being discriminated against by police. He, too, offered an unsuccessful bill calling for a study of racial profiling. Webster Two Hawk of Pierre, state commissioner of tribal government relations, believes that he and other Indians have been stopped by police solely on the basis of race. Police often find feeble reasons to stop Indian motorists, such as illegal dangling objects on rearview mirrors, Two Hawk said. Many Indians fear going to nonreservation towns because of police harassment, he said. "The people who come to shop are victims of this surveillance," Two Hawk told legislators. The committee agreed unanimously to study whether racial profiling is a problem in traffic stops. Legislators hope to have that future meeting on a reservation. "We are quite convinced that racial profiling happens in South Dakota a lot," said Jeanne Koster of the South Dakota Peace and Justice Center, an ecumenical, citizens' rights group founded in 1979. She said legislators gave weak excuses earlier this year for rejecting the bills offered by Volesky and Van Norman. To be piggybacked onto the State-Tribal Affairs Committee's next meeting is the beginning of a study on economic development in Indian country. The jobless rate among Indians is near 80 percent in some areas because few businesses exist on reservations. It may take several meetings over the course of a couple of years to come up with some solutions for the joblessness and economic despair on reservations, said Sen. Patricia de Hueck, R-Pierre. "It would be a huge undertaking, but maybe we could bite off a little bit," she said. The legislative panel also agreed to review a state moratorium on new nursing homes on reservations. Copyright c. 2001 Yankton Daily Press & Dakotan --------- "RE: ictperspective:Rosebud Hog Farm Issue" --------- Date: Mon, 11 Jun 2001 13:49:29 -0700 (PDT) From: Paul Pureau Subj: ictperspective:Rosebud hog farm issue Mailing List: ndn-aim Rosebud hog farm issue a matter of human rights and human health by Jarid Manos Guest Columnist Great Plains Restoration Council expresses full-hearted support of the Rosebud Sioux Tribe resistors who are fighting construction of what will be the world's third largest hog factory farm. The initial siting, on sovereign tribal land, of this gargantuan facility of filth, disease and suffering was and is, in my opinion, a collusion of corruption and racism that stomped on the lives of regular, everyday people who would be most affected by the ensuing pollution. Nobody wants to live near these filthy, dangerous facilities, which treat live animals worse than inanimate objects and, through mass, crushing confinement, create unbelievable volumes of feces, urine and other infectious waste. New studies by the universities of North Carolina and Iowa show that health problems such as diarrhea, rashes, respiratory and intestinal diseases, along with flu-like viral afflictions, are more prevalent in human communities near hog farms than in communities free of them. In one Kansas hog factory farm, even anthrax resurfaced. Community resistance elsewhere is why hog factory farms, like other waste facilities, are now targeting impoverished and under-organized Indian populations. Hog farms are to human communities what HIV-AIDS is like to the body. The idea is not to get it in you in the first place. The potential for diseases, after the fact, is so much harder to deal with. A direct action encampment has gone up, and needs additional activist support. I am hopeful that the resistors in the tribe can stop the expansion of this hog farm, and remove those partially-completed portions which already exist. Great Plains Restoration Council, through our Million Acre Project, is diligently working step-by-step for the Buffalo Commons to begin now, on the ground, in the Northern Plains. This work seeks a total health restoration of the human and animal communities of the Great Plains. This work also includes restoring the sacred, respectful relationships people had with the earth, the buffalo and the prairie dogs, and each other. I think American Indian people should naturally lead this effort. There are far better ways out of current economic and social problems than hog factory farms. GPRC hopes that after this hog farm fight is won, the Sicangu Lakota/Rosebud Sioux Tribe will take the lead in crafting an exciting, economically and socially-just, sustainable future that includes landscape-scale buffalo and prairie dog restoration (with an ultimate goal of "no fences, only freedom"; solar and wind power; innovative, environmentally-friendly small business operations; ethical, native medicinal plant crafting and progressive modern medicine steeped in the ancient Lakota tradition of self-awareness and proud, robust health. I also hope that while people are out there on the front lines, or supporting those who are, they take the time to consider that they don't have to accept the larger life-view of what this hog factory farm ultimately represents. The hog farm, with all its unspeakable animal confinement, cruelty and pollution, violates an intrinsic flow of life. The only result can be "dis-ease." Even the corporation's offensive use of the name "Sun Prairie," or the word "lagoon" (to describe their giant waste cesspools) corrupts and pollutes what are otherwise beautiful uses of language. The same violations of balance can be said of the way many people, especially low-income people of color, tend to subconsciously treat themselves, through poor diet and lifestyle choices. By removing ourselves so far from the natural balances of life, fitness and self-awareness, we ourselves fall into patterns of "dis-ease," which can then be debilitating, miring, and self-perpetuating, much like the coming pollution and diseases from hog factory farms. When the air, land and water are clean, the buffalo can return. I'm praying for the activists' success, and for the end of factory "farming" everywhere. I'm also praying that people are strong and sharp enough not to let monstrous, unseen others determine their health while laughing all the way to the bank. The most radical thing you can do is take care of your own health, community-wise and personally. Then you are free, alert, strong, and self- determined, and no factory farm or TV commercial decides your life wellness or lack thereof. Editor's note: This letter comes from Jarid Manos, executive director of the Great Plains Restoration Council in Denver, Colo. Copyright c. 2001 Indian Country Tod ===== FREE LEONARD PELTIER NOW STOP THE ETHNIC CLEANSING OF INDIGENOUS PEOPLE TO SUBSCRIBE TO NDN-AIM SEND A BLANK EMAIL TO: NDN-AIM-SUBSCRIBE@YAHOOGROUPS.COM FOR OTHER ACTIVIST ISSUES: AMERI-ADVOCATE-SUBSCRIBE@YAHOOGROUPS.COM --------- "RE: New Gaming Compacts bar Tribal Political Gifts" --------- Date: Mon, 18 Jun 2001 05:47:14 -0400 From: Janet Smith Subj: SOUTH DAKOTA http://www.owlstar.com/dailyheadlines.htm http://www.argusleader.com/news/Mondayarticle1.shtml [Editorial comment: This is far more dangerous and insideous than it first appears. If tribal governments can be regarded by state officials the same as the municipal governments they do control, this becomes one more sovereignty issue given up without so much as a disclaimer. This is another foot in the sovereignty door, and not just a gaming measure. If this control is freely given up this time, what do the tribes argue at the next intrusion?...] New gaming compacts bar tribal political gifts By TERRY WOSTER Sioux Falls Argus Leader published: 6/18/01 Lawmaker argues provision inappropriate, but tribes not taking issue with it PIERRE -- Local governments in South Dakota are barred from using public money to influence elections, and American Indian tribes should be, too, language in new gaming compacts between the state and tribes says. Seven of the eight South Dakota tribes that operate casinos have agreed to that restriction in recently negotiated compacts, says Bob Mercer, who works on the reservation gaming issue for Gov. Bill Janklow. "The governor's position simply is that no government can speak for all its citizens, so it shouldn't be using public money to influence political decisions," Mercer said during a recent hearing on the new compact with the Crow Creek Sioux Tribe at Fort Thompson. "That puts them on the same plane as city, county or school boards. They're all prohibited from doing that." However Sen. Ron Volesky, D-Huron, took issue with Janklow's characterization of tribal governments. "They're sovereign nations, if you want to argue what they are," Volesky said. "They're not county governments, and they're not city councils; they're sovereign nations." Jennifer Fyten, lawyer for the Flandreau Santee Sioux Tribe, said most South Dakota tribes don't have the income to put much into political campaigns. That's a phenomenon that has developed in states where the tribal casinos have been wildly successful, she said. "I can't speak for the other tribes, but from Flandreau's standpoint, we have much bigger concerns to worry about for services for our people than contributing to campaigns. We're trying to take care of things at home." Volesky said Janklow raised the issue as a smoke screen to try to undercut the political influence American Indians might exert. "Quite frankly, that political influence is long overdue," Volesky said. The gaming compacts should be confined to issues specifically related to that industry, he said. "To bring in another subject matter such as political contributions is not appropriate. If he wants to address those issues, he should do it in a separate forum." The new language isn't a sticking point for the tribes, said Terry Marks, secretary of the Crow Creek Gaming Commission. "We don't have a problem with that," he said. "It isn't going to affect us." The only tribe with a casino that hasn't included the language in a new compact is Standing Rock, and negotiations have just begun over a compact with that tribe, Mercer said. He also said the U.S. Department of Interior, which must agree to compacts, has accepted the language in the five agreements it has acted on so far. The federal agency said the limit doesn't prohibit voter education or other nonpartisan activities. Nationally, tribal contributions have increased considerably, especially since the passage of the 1988 Indian Gaming Act that opened the way for reservation casinos. The Center for Responsive Politics, a group that tracks campaign financing, says contributions from Indian gaming sources have increased from about $117,871 in 1992 to $2,827,682 last year. Between 1992 and 1996, the center said, contributions from Indian gaming grew from 8 percent of total gaming contributions to 26 percent of those contributions. "In 1996, Democrats received 87 percent of Indian gaming contributions, while they received only 47 percent of non-Indian gaming contributions," the center said in a study posted on its Web site. Breakouts of South Dakota activity aren't available, but a glance at campaign spending reports showed a few donations from tribes to candidates. For example, Elsie Meeks, Democrat candidate for lieutenant governor in 1998, listed a $1,000 contribution from the Oglala Sioux Tribe. Tom Van Norman, a Democrat who won a House seat from Eagle Butte in 2000, reported $5,000 from the Cheyenne River Sioux Tribe. Cheyenne River is the only reservation in the state without a casino. The campaign reports in Secretary of State Joyce Hazeltine's office show contributions to a few legislative candidates from some out-of-state tribes, usually for $250 or so. Among the tribes listed are the Mille Lacs Band of Onamie, Minn., Mississippi Choctaw from Philadelphia, Miss., and Oneida Nation from New York. "It isn't frequent, but a few tribes have given money directly to candidates," said Chris Nelson, Hazeltine's election supervisor. Election laws don't prohibit such contributions, he said. "They aren't really corporations, and they aren't individuals." State and local governments generally are bound by the principle that public money can be used only for public purposes, although state law seems to lack a single, specific statute that says that. "As a general proposition, they can't use money for campaigns, for candidates or issues," says Larry Long, deputy attorney general. "You can find that principle in a variety of contexts." Those contexts include Supreme Court and circuit court decisions and past attorney general rulings, he said. A 1941 Supreme Court decision in a Beadle County case, for example, said the county couldn't use money to influence an election. A 1988 opinion by then-Atty. Gen. Roger Tellinghuisen encompasses cities, counties and school districts and says they can't use public tax dollars to influence elections. "The government should not take sides in election contests or bestow an unfair advantage on one of several competing factions," that opinion said. Noting that the state constitution guarantees that elections shall be free and equal, the Tellinghuisen opinion included this passage: "Further, the use of public tax dollars for purposes of influencing election results implicates the rights of those who dissent from the government supported position. Dissenters who are in effect compelled to finance the expression of views with which they disagree have reason to complain and may assert an infringement of First Amendment rights." ===== Janet Smith Owlstar Trading Post http://www.owlstar.com --------- "RE: $2.1 Million Awarded in Hantavirus Misdiagnosis" --------- Date: Wed, 13 Jun 2001 09:45:21 -0500 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="HANTAVIRUS SUIT" http://www.owlstar.com/dailyheadlines.htm Wednesday, June 13, 2001 $2.1 Million Awarded in Hantavirus Misdiagnosis By Leslie Linthicum Journal Staff Writer Hardy Haceesa, a young Navajo laborer, had classic symptoms of Hantavirus when he showed up sick and feverish at a Navajo Reservation hospital in 1998. Instead of ordering a quick test that might have saved his life, a nurse practitioner at the hospital told Haceesa he had bronchitis and sent him home. He died of Hantavirus three days later. A federal judge in New Mexico this week said the Indian Health Service hospital where Haceesa was misdiagnosed - situated in the heart of Hantavirus' deadly path - should have been alert to the symptoms of the disease. The judge awarded Haceesa's widow and young daughter $2.1 million in damages - more than three times the normal limit on medical malpractice claims. A spokeswoman for the U.S. Attorney's Office, which defended the hospital during a three-day trial in April, said the office had no comment on the judgment. U.S. District Judge Martha Vazquez heard the testimony in April and blasted the Northern Navajo Medical Center in Shiprock in a 13-page ruling filed late Monday. Vazquez said the nurse practitioner who saw Haceesa in the hospital's emergency room had graduated from nursing school in Tennessee six months earlier and had no training in recognizing the symptoms of Hantavirus, a deadly viral disease whose early symptoms can be confused with the flu. The nurse practitioner missed one of the most telling indicators of the disease - a blood platelet count of less than 150,000, Vazquez wrote. The nurse practitioner also was not aware that the University of New Mexico offered a quick blood test to confirm Hantavirus, Vazquez wrote. Neither the nurse practitioner nor the doctor on duty - a contract physician who had been in New Mexico only two days and was on his first day on the job - had been given any training about Hantavirus diagnosis, Vazquez wrote, "despite the fact that this is an area of the country where more cases of Hantavirus have been diagnosed than anywhere else." Medical malpractice damage awards are limited by New Mexico law to $600, 000. Vazquez said the law applies to negligence by a "health care provider" and does not include nurse practitioners and hospital administrators in that definition. Haceesa was never admitted to the hospital nor cared for by a doctor. Vazquez concluded the negligent parties were the nurse practitioner and hospital administrators, "who elected to provide absolutely no training." Haceesa, a 23-year-old construction worker, fit the profile of the victims of Hantavirus, a swiftly progressing disease that first swept across the Navajo Reservation in 1993, killing 11 people in a matter of weeks. He was young and healthy when he suddenly came down with muscle aches, fever and difficulty breathing in April 1998. He also had recent exposure to mice urine and droppings - the agents by which the virus is passed to people. Haceesa's job on a construction crew was to dig up the foundations of old buildings. He also had recently opened up a shed where mice had been living. His wife, Beverly, was a nurse's aide, and the family had paid attention to education programs about Hantavirus in the years after the 1993 outbreak. When he first started to get sick on April 25, Beverly Haceesa suspected Hantavirus and took her husband to the Northern Navajo Medical Center in Shiprock. It was the Indian Health Service hospital closest to their home outside Nageezi. She testified she mentioned Hantavirus to the nurse practitioner, who had no knowledge about the disease and who diagnosed his illness as bronchitis. When his condition worsened two days later, she rushed him to the closest hospital, San Juan Regional Medical Center in Farmington. A doctor there told Haceesa he had hepatitis and sent him home, according to Haceesa's family. When he was sicker the next morning, the family took him back to San Juan Regional Medical Center, where he was placed on a ventilator and airlifted to University of New Mexico Hospital in Albuquerque. He was diagnosed there with Hantavirus and died a few hours later. Days after his death in 1998, his mother, brothers, widow and then 4- year-old daughter, Shenoel, sat on lawn chairs outside the trailer where he had fallen sick and talked about Haceesa's last days and the desperate efforts to get medical care. Jessie Haceesa saw her oldest son for the last time as he was loaded onto the medical helicopter. "It was just too late," Jessie Haceesa told the Journal in 1998. "They just didn't listen." A separate lawsuit against San Juan Regional Medical Center is scheduled to go to trial in state District Court in Albuquerque in October. James Lyle, the family's Albuquerque attorney, said Tuesday the large damage award reflects the degree of failure by a hospital on the Navajo Reservation to recognize and treat a disease common to Navajo people. "This was and is the geographical center of the world for known Hantavirus cases," Lyle said. "The frustration is that the Haceesas educated themselves and the medical community there didn't." Copyright c. 2001 Albuquerque Journal --------- "RE: BIA assumes Police Duties on Fallon Reservation" --------- Date: Fri, 15 Jun 2001 08:55:14 -0500 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="BIA POLICE" http://www.pechanga.net/ BIA assumes police duties on Fallon reservation ASSOCIATED PRESS Friday June 15th, 2001 FALLON (AP) - The Bureau of Indian Affairs has assumed law enforcement duties for the Fallon Paiute-Shoshone Tribe as two political factions seek control of the tribal council. BIA police spokesman Richard Armstrong said the "emergency" action taken Sunday was in response to the tribal police department's "noncompliance" with a law enforcement contract. The BIA will take over all law enforcement on the reservation east of Fallon for the indefinite future, Armstrong told the Lahontan Valley News and Fallon Eagle Standard. The tribe's regular police force of 15 officers has been placed on administrative leave. BIA officials said they were only handling law enforcement duties and would not be running tribal government. Some have alleged tribal police favored supporters of some council members in power while running roughshod over the rights of others on the reservation. But Armstrong, a BIA commanding officer from Phoenix, would not say if the BIA's presence is in response to the political fight between council members that has simmered for more than a year. "It's been a culmination of things that have been more or less escalating," he said. "There's been a lot of allegations." Alvin Moyle, Donna Cossette and Susan Willie, top vote-getters in a January election, have been denied seats on the council by other council members who said the three were legally removed from office in May. A last-minute letter from the Interior Board of Indian Appeals in Virginia last Friday stayed any action to change the makeup of the council and headed off a confrontation last week. Council Chairwoman Lenora Rogers, who was appointed to the position on May 14, said the BIA will not be allowed to take over tribal government or seat Moyle, Cossette or Willie on the council. "We are a sovereign nation. We are the government and we're telling them they can't come in," she said. Moyle, a former tribal chairman, Willie and Cossette are arguing their legitimacy to hold office based on a May 18 letter from Barry Welch, acting BIA Regional Director in Phoenix. The letter recognizes Cossette as the tribal chairman and Moyle and Willie as council members. But Rogers and Lovelock attorney Todd Plimpton, who represents the current tribal council, said BIA officials higher up in the chain of command have since retracted Welch's letter. Plimpton asserted that Moyle, Cossette and Willie were removed from the council legally and based on the tribe's constitution. Both sides have until July 6 to offer arguments to the Interior Board of Indian Appeals. This is the second time Moyle, Willie and Cossette have been removed from office, sparking a contentious fight not only among council members, but also among supporters of both sides within the tribal enrollment. Copyright c. 2001 Reno Gazette-Journal --------- "RE: Red Cliff unhappy with County Citation Policy" --------- Date: Sun, 17 Jun 2001 10:58:11 -0500 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="RED CLIFF vs COUNTY" http://www.owlstar.com/dailyheadlines.htm Red Cliff unhappy with county citation policy Tribal, county officials pledge continued cooperation Rick Olivo The Daily Press Last Updated: Thursday, June 14th, 2001 09:29:57 AM A news release issued by the Red Cliff Band of Lake Superior Chippewas says the tribe was "shocked and dismayed" to discover the Bayfield County Sheriff would not send citations issued by county deputies to tribal members on the reservation to tribal courts. According to Tribal Attorney David Ujke, the decision was in direct contradiction to an agreement he said the tribe earlier reached with Bayfield County Sheriff Robert Follis during a meeting last Monday. The issue became public later Monday when Follis discussed the issue with the Bayfield County Sheriffs, Emergency Government, Veterans and Child Support Committee. He told the group that he had been approached by Ujke and Tribal Chairwoman Jean Buffalo Reyes with a request that the county give jurisdiction of citations issued by county deputies for minor offenses committed by tribal members within the reservation to the tribal courts for disposition. Currently, those citations are referred to county circuit court, although citations issued to tribal members by tribal police for violations of tribal ordinances are handled in tribal court. Follis said Wednesday that he had not intended to make a public announcement but had been seeking input from the committee when he disclosed his intent to continue the practice of sending all citations issued by county deputies to county circuit court. "I would have preferred to contact the tribe first," he said. The Red Cliff release asserted the decision by Follis not to send the citations to tribal court left open the possibility of a legal loophole that would make it impossible for these citations to be enforced in county circuit court. Citing Wisconsin Supreme Court case law on the subject, the release said all such citations "matters of exclusive Tribal Court jurisdiction." "In the meeting the tribe explained the enforceability of all such citations was highly questionable, especially in the light of the fact that exclusive tribal court jurisdiction, if raised as a defense would likely result in the dismissal of such citations," the release said. "The sheriff's unilateral decision to ignore the ruling of the Wisconsin Supreme Court on this subject is truly puzzling. The tribe is concerned that traffic law within the boundaries is not being effectively enforced since defendants are routinely being cited into the wrong court as a matter of practice and can effectively raise a defense that will result in the dismissal of such citations." The tribe is also taking issue with Follis' questions about the consistency of the tribal courts. "Nothing could be further from the truth," said the release. "The Red Cliff tribal ordinance on this subject is identical to Wisconsin law with respect to traffic offenses; the tribe has adopted relevant Wisconsin traffic statutes. Red Cliff law enforcement applies the exact same fine and forfeiture schedule applied in Bayfield County circuit court for traffic offenses. The release said the tribe had previously provided Follis with formal written notice of its concerns and made reference to the Supreme Court case law. However, Follis, contacted for comment Wednesday, denied getting any information about the Supreme Court case. "We'll have to do some researching. If that's what it says, then it is out of my hands, and if the court directs for us to do it differently, then we will," he said. In the meantime, he said he would continue the practice of referring all citations into county circuit court. "We are pretty comfortable that we are operating within the law; it's the same way my predecessors have all operated." According to Ashland County Sheriff John Kovach and Sawyer County Sheriff Don Sheehan, it is the same procedure used in their counties as well with regards to the Bad River Indian Reservation in Ashland County and the Lac Courte Orielles Indian Reservation in Sawyer County. In both counties, tribal members cited on the reservations by deputies for traffic-related offenses are sent to county circuit court. Meanwhile, Follis said the issue was not one that had a great deal of impact on day-to-day operations. "They have their own police force. It's not like we go up there every day. If we happen to be driving through the Reservation and we observe a violation, then we will write a citation, but it's like the City of Washburn or Bayfield, or Iron River, they pretty much handle their own enforcement. This is no big deal, it's a policy thing," Follis said. Nevertheless he continued to maintain the proposal was not in the best interests of the county. "Everyone I have talked with about it has said it's a bad practice," he said. Despite their differences, both sides in the debate said they were committed to continued cooperation for their law enforcement operations. The Red Cliff release cited a history of cooperative working relationships the tribe has forged with Bayfield County over the years. It "respectfully urged" Follis to seek the guidance of counsel to "gain a clearer understanding of these sometimes complicated jurisdictional issues." "We remain resolved to uphold our right to govern ourselves and to work with our neighbors in the spirit of cooperation whenever it is possible to do so," the release said. Follis also said he too was committed to cooperation. "We want to cooperate, we want to do what is right," he said. Copyright c. 2001 The Daily Press, Ashland WI --------- "RE: Native Prisoner" --------- Date: Sat, 16 June 2001 From: "Janet Smith" Subj: Native Prisoner News Tell a Native American Prisoner someone cares! -- - - - Peltier, Leonard #89637-132 Box 1000 Leavenworth, KS 66053 Birthday: 9/12/44 Ancestry: Ojibwa-Lakota -- - - - Two letters this week with prisoner needs. From: Sent: Thursday, June 14, 2001 7:47 PM Subject: [ironnatives] Prison Request I have been contacted by "2" prisons who are requesting a small hand drum for their Native American Spiritual Groups if anyone has one they would like to donate. I have requests for ceremonial herbs also, but they haven't given me contact names and addresses and rules of mailing yet. I would appreciate anyone passing this message along. There is a drum being made right now for MSP, but now 2 other prisons are requesting them. Thank You, ~Carol~ -- - - - From: "IronLodgeSky@aol.com" Subj: [Our Red Earth] prison needs/please distribute I received a request today from the chaplain of the men's state prison in Hardwick, Georgia. The men are in need of a variety of items, most of which the Prison Project can supply. What we do not have available currently is a pipe and a smudge bowl which must be no bigger than three inches in diameter. We do have smudge bowls but nothing that small. If anyone is able to help with these items, please contact me asap. Also the mens prison in Berlin New Hampshire is still in need of a powwow drum. The drum must be of a size to accommodate 4 drummers per DOC regulations. I am not too concerned about the condition of the drum, I can replace the heads if necessary. Berlin is also in need of a volunteer to go in on Saturdays for Circle and culture class. Volunteers need not be carded but they must supply a letter of recommendation from their respective Nation. This is necessary due to problems we have had in the past with folks who were not quite who or what they claimed to be. Thanks, Sky The Iron Lodge: Native American Prisoner Support --------------------------------- Please especially remember Leonard. Leonard Peltier #89637-132, Box 1000, Leavenworth, KS 66053 --------------------------------- Standing Deer's new address: Robert H. Wilson #640539, Estelle Unit, 264 FM 3478, Huntsville, TX 77320-3322 ---------------------------------- If you know of a Native American inmate who would like to correspond with brothers or sisters on the outside - please drop me a line with whatever information about them they'd like shared. Janet Smith Owlstar Trading Post http://www.owlstar.com owlstar@speakeasy.org --------- "RE: History: Carlisle Indian School" --------- Date: Mon, 04 Jun 2001 22:02:38 -0400 From: Barbara Landis Subj: History: Carlisle Indian School, May 25, 1888 INDIAN HELPER. [Editorial Note: These reprints are being included in this newsletter so that you might know the mind of those who ran institutions like Carlisle.] THE INDIAN HELPER ----------------------------- ~~ FOR OUR BOYS AND GIRLS ~~ =========================== VOLUME III FRIDAY, May 25, 1888 NO. 41 CARLISLE, PA. =========================== TRY. --- There is a very little word of letters only three, 'Tis certainly the greatest help To all, - both you and me. It helps you with your lessons, It helps you in your work And if you listen to it, You will never be a shirk. It does the greatest wonders, Although it is so small, Its power is felt in every place, In cottage and in hall. Not much would be accomplished Without this little word, And as to great discoveries, Very little would be heard. It helped Columbus onward To find the unknown land. With industry and workmanship We find it hand in hand. The leaders in this busy world Have felt its magic sway, And by it, names illustrious, Have lived through many a day. The telegraph and telephone, The printing press and rail, The lightning speed of steamers That o'er the ocean sail. All this has been accomplished, We know it, you and I, By men of will and energy, Who thought it well to Try. Now, boys and girls, remember There is plenty of work to do; If others have succeeded, Then certainly why not you? So let no time be wasted As days go swiftly by, You'll never know what you can do Until you really Try. -[Selected. ------------- "I see going into that tobacco pipe brains, books, time, health, money, prospects - the things that are priceless, earnestly puffed away in smoke." A VISIT THROUGH THE LOWER SCHOOL ROOMS. ------------- No. 1 school is where the wee ones go, and they were as busy as little bees, on Tuesday morning when the chief clerk passed through the school rooms. Just think of Herbert Campbell standing up at the board and writing his own name. Yes, and "bee," and "clock," and "apple." Johnnie's and Don's slates were full of nice writing and the little Indian boys' and girls' slates had just as good work on then. The class at the board, all little tots, were figuring away at a great rate with the number 49, adding, subtracting, multiplying and dividing as they went, and it was fun to watch the chalk fly. In No. 3 the pupils were trying to make sentences containing the word "storm." Some succeeded very well, while others became a little mixed. The teacher kindly showed them their mistakes and her pupils were only too glad to write the sentences over again. They went at it as though they were eager to learn to write good English. In No. 4 there was a class at the board doing number work. In this room the large beginning boys and girls go to school. Some who came to Carlisle last Fall were doing good work in subtraction. In No. 5 the clerk heard a class of large Sioux boys reading from the First Reader. They are young men who have been in school less than a year, and they read loud and well, and showed that they understood what they read. The lesson was about a boat and oars and a boy who had lost his oars while out boating. The teacher asked William to bring her a boat. The clerk looked around in much astonishment, thinking that the teacher had asked her pupil to do an impossibility and was surprised when William walked across the room where the toys are kept and selected a boat six inches long and brought it to his teacher. This small boat had oars, too, and the class was taught to say the name over and over again till they got it right. Then they --------------------------------------------------- (Continued on Fourth Page.) ========================================= (p 2) The Indian Helper. ----------------------------- PRINTED EVERY FRIDAY, AT THE INDIAN INDUSTRIAL SCHOOL, CARLISLE, PA. BY THE INDIAN PRINTER BOYS. ----------------------------- Price: - 10 cents a year. =============================== Address INDIAN HELPER, Carlisle, Pa. Miss M. Burgess, Manager. =============================== Entered in the P.O. at Carlisle as second class mail matter. =============================== THE INDIAN HELPER is PRINTED by Indian boys, but EDITED by The-Man-on-the-band-stand, who is NOT an Indian. =============================== The INDIAN HELPER is paid for in advance, so do not hesitate to take the paper from the Post Office, for fear a bill will be presented. ================================ Intelligent Indians should by all means take THE RED MAN. The price is only fifty cents a year. --------- Mary Bailey writes from her home in West Philadelphia, "I am showing the white girls and boys how we girls and boys do at Carlisle, to study hard." She says she is getting along very nicely at school, having been promoted recently to the sixth grade, A, Secondary. ========= Buffalo Bill is again in this country. Having captured millions of dollars from the fools of England who went crazy over his overdrawn pictures of our western life, he will now try to gull New Yorkers, Brooklynites, and other Eastern people into thinking that the Indians are savage beasts, fit only to be shot down like dogs or to wear paint and feathers to please the eye of an excited crowd. That disgraceful show can do more in six months, to drag the Indian down and give a wrong impression of his real character, than forty Carlisle's could do in six years to build the Indian up and help him to stand on his own feet, on good solid ground. Buffalo Bill is rapidly tearing down what all good schools for the Indian are building up. ========= A dozen needle books, beautifully made out of handsome material, were received this week from Nrs. Mary Kilbourne, of Mayville, N. Y. Mrs. Kilbourne is a dear lady of 80 years of age. She made the books all herself, to be given to our best and most promising sewers. When the girls' mother returns from Dakota the books will be given out and the hearts of our best sewers made happy. Base Ball. The game on the Fair grounds, last Saturday between the Indian School Regulars and a class nine of the Dickinson College Preparatory Department resulted in a score of 19 to 8 in favor of the Indians. The Preps. had the first and last innings, while our boys played only eight. Mr. Landis, the umpire, was fair and impartial and did not allow himself to be influenced by the remarks of the players-a fault which always told against our boys heretofore. Frank Dorian pitched a splendid game, and his method of watching the bases was greatly admired. There was no notice of the game last Saturday in either of the Carlisle dailies: Where were the reporters? Ota Chief Eagle, of the Young American Club received a hard blow in the mouth, while catching behind the bat. He lay almost senseless for a moment, but soon revived and is now all right. The Blacksmiths would like to see the ball that the Regulars won from the Dickinson students last Saturday. The Regulars have two challenges under consideration. One from the Freshmen of Dickinson College and one from the Carlisle Base Ball Club. ========= An enjoyable and decidedly restful feature of this year's school life among the teachers and employees has been a series of sociables held in the teachers' club parlor on Thursday evening of each week. The gatherings have been entirely informal. Social games and free discussion of matters outside of Indian affairs have been indulged in. One of the most pleasant meetings of the winter was held on last Thursday evening, Misses Leverett and Rote entertaining. --------- The funeral of Billy Sommers, Cheyenne, who died of spinal-meningitis, was held Tuesday afternoon, Dr. Rittenhouse, of Dickinson College, officiating. None mourns the death of this young man more than Abe, who watched faithfully at the bedside of his dying brother until the last. The following lines speak for themselves: I am very sorry for my dear mother and many best friends of Bill, at home, that their aim for Billy has not reached where they expected him to be some day in the future. But their ambition for Billy's life has been disappointed in the beginning of his road. The death of dear Billy will be sad news to his many friends. But I am greatly rejoiced that my dearly beloved brother's death happened in these glorious and grandest days of our school lives. I know that the good Lord of the universe has called him away very suddenly to dwell with him where he shall ever live with the Lord and with the multitudes of God's people forever. ABE SOMERS. ============================================ (p. 3) If all who intend taking the HELPER another year would PLEASE RENEW PROMPTLY after receiving notice that their time is out it would save us much time and labor, and prevent delays. ------- Pass the butter-milk? Capt. Pratt is in Philadelphia. Mr. Mason Pratt spent Sunday at home. ------ We have now a pair of new ladders as a protection against fire. ------- Samuel Townsend led the service Sunday evening. ------- Never accept money for work that has not been done. ------- How easy it is to fault others when we alone are to blame! ------- The carpenters are busy making blinds for Miss Patterson's rooms. ------ The hospital girls paid a pleasant call at the printing office, Thursday last. ------ News comes from the Apache Agency, Arizona, that Egbert Eskelta is dead. ------ The road to the new coal house adds greatly to the convenience in delivering coal. ------ The locust tree if front of the teachers' club came down Thursday, by the hand of Dr. Brown. ------ Don earned his ten cents to pay for the INDIAN HELPER by catching rats and mice for his papa. Brave boy! ------ Ella Barnett returned Thursday from Downingtown, where she has lived for some time in the beautiful home of the Edge's. ------ The Misses Sparhawk, Miss Leverett, and Mrs. Lutkins went to Gettysburg, Saturday, and report having had a very enjoyable day. ------ Kish Hawkins and Jesse Paul of the Philosophy Class, have made handsome drawings of a section of the telephone; others are coming on. ------ A pleasant note from Louisa Wilson says she is at Ft. Niobrara, Nebr., and expects to stay there all summer. To use her own words, she is 'getting along first rate in everything." ------ During an exercise at conundrums in school the other day, a teacher asked one of a class of large boys, "Why are you like a tree?" "Because I am green," was the quick reply, and it brought down the room. ------ Paul Boynton, one of our printer boys, writes that he has a good home. Four of our Indian boys work for the same man on a three or four hundred acre farm, up in Luzerne County. Although Paul is kept pretty busy and works hard he finds time to write and will drop a line occasionally to keep us informed of his doings. What is the matter with orderly Paul's hat? ------ Mrs. Lutkins spent a day in Philadelphia this week. ------ We have now a pair of new ladders as a protection agains fire. ------ We are sorry to hear a rumor from Pine Ridge, Dak., that Alice Wynn is dead. ------ THE RED MAN will be delivered by an Indian carrier to any address in town. Terms; fifty cents a year. ------ The queen in her flower garden, in the bay window part of the grounds, forms a very picturesque scene. ------ Miss A.B. Bullions, of Lansingburg, N.Y., spent Sunday with her friends Miss Shears, at this school. The two have been friends from childhood. ------ Miss Lucy Sparhawk, who for several weeks has been here visiting her sister returned to her home in Newton Centre, Mass., on Monday. ------ Our library has had an addition of a large number of second hand books from the Episcopal Sunday School in town for which we, as a school, are very grateful. ------ The harness makers were rewarded by a holiday last Wednesday for faithful work in making up the 200 sets of double-harness recently shipped to the Crow Agency, Montana. ------ Miss Irvine left for Dakota Tuesday afternoon in charge of Dessie Prescott, Nellie Hunter and Nancy Ironchild, who were returning to their homes at Pine Ridge Agency, on account of sickness. ------ Now the leak in our barrel is stopped. ------ Mr. Mason of Jamestown, N.Y., sent us 148 subscribers this week. Let others follow suit, and keep the Man-on-the-band-stand's spirits up. ------ The exhibition held Friday night was another enjoyable occasion. The choir singing, the dialogue, and the beginning efforts at speaking in public by the new Sioux and Apaches are deserving of special mention. The singing by Mrs. Campell and Misses Crane and Leverett was simply charming. -------- It keeps Norris Stranger Horse on a jump to manage his company of fourteen little lawn pickers. They stretch in a line giving to each boy a surface of three or four feet to pick clean in front of him as they move forward on hands and knees. Then a boy with a wheel-barrow travels back and forth in front of the line and each picker empties his hands. Thus they gather all the bits of paper, sticks and other trash from the lawn and keep it beautifully clean. ================================================= (Continued from First page.) --------------------------------- upset the boat, as the lesson told about, but they had a hard time to learn "upset." They soon got the meaning and didn't give up on the pronunciation till they each could say it perfectly. The clerk was very much pleased from the beginning to the end of her short visit in the lower rooms, and thinks that although the schools have been broken into somewhat by pupils going out on farms, and the time for vacation is near, yet the interest keeps up and all are going ahead fast. ---------- CLIMB UP. ------ Most great men have made their mark by climbing, - by patient, hard, persevering energy. This conversation took place at a dinner party in New York in 1883, where Senator Henry G. Davis sat at one end of the table, Simon Cameron sat at the other, and between them was General Sherman. The General began to tell a story of his life by saying: "When I was a lieutenant --" "Come, now, Sherman," interrupted Senator Davis, "were you ever a lieutenant?" "Yes, Davis," he replied, "I was a lieutenant about the time you were a brakeman on a freight train." "Well, boys," observed Mr Cameron, "I don't suppose you ever cut cordwood for a living as I did." Boys of enery and determination need never fear but what they will make a name and a place for themselves in the world. In reading the history of the men who have become famous, one sees that many of our greatest men began poor. Poverty is a mighty force that brings out all the energy there is in a young person if he or she determines to climb above ignorance, and to make a place among intelligent and well-to-do people. --------- "He who thinks he can find in himself the means of doing without others is much mistaken, but he who thinks that others can not do without him is still more mistaken." --------- All is but lip wisdom which wants experience. -Sir P. Sidney. --------- ANSWER TO LAST WEEK'S ENIGMA: The Home Fever. ANSWER TO QUESTIONS: NAMES OF PARTS OF THE HUMAN BODY: 1. mole; 2. nail; 3. foot; 4. teeth; 5. tongue; 6. drum; 7. lash. An Enigma for the Wee Ones. I am made of 7 letters. My 1 is in [sheep]* but not in [boar]. My 2 is in [estate] but not in [coach]. My 3 is in [chair] but not in [sofa]. My 4 is in [beef] but not in [lion]. My 5 is in [umbrella] but not in [piano]. My 6 is in [coffee] but not in [wagon]. My 7 is in [shirt] but not in [shoe]. My whole is the kind of report he had on English Speaking Saturday night. * words in brackets[] are represented in the actual newspapers by drawings. ================================================ STANDING OFFER: - For FIVE new subscribers to the INDIAN HELPER, we will give the person sending them a photographic group of the 13 Carlisle Indian Printer boys, on a card 4 1/2 X 6 1/2 inches, worth 20 cents when sold by itself. Name and tribe of each boy given. (Persons wishing the above premium will please enclose a 1-cent stamp to pay postage.) For TEN, Two PHOTOGRAPHS, one showing a group of Pueblos as they arrived in wild dress, and another of the same pupils three years after, or, for the same number of names we give two photographs showing still more marked contrast between a Navajoe as he arrived in native dress, and as he now looks, worth 20 cents a piece. Persons wishing the above premiums will please enclose a 2-cent stamp to pay postage. For FIFTEEN, we offer a GROUP of the whole school on 9x14 inch card. Faces show distinctly, worth sixty cents. Persons wishing the above premium will please send 5 cents to pay postage. Persons sending clubs must send all the names at once. ----------------------------------- At the Carlisle Indian School is published monthly an eight-page quarto of standard size, called THE RED MAN, the mechanical part of which is done entirely by Indian boys. This paper is valuable as a summary of information on Indian matters and contains writings by Indian pupils and local incidents of the school. Terms: Fifty cents a year, in advance. For 1, 2 and 3 subscribers for THE RED MAN we give the same premiums offered in Standing Offer for the HELPER. Address, THE RED MAN, Carlisle, PA. ================================================================ Transcribed from the newspaper collections of USMHI, Carlisle Barracks, Carlisle, PA. For more info see http://www.carlisleindianschool.org. - Barbara Landis --------- "RE: Rustywire: Native American Church & Non-Indians" --------- Date: Thu, 14 Jun 2001 12:39:30 -0000 From: John Rustywire Subj: Native American Church & Non-Indians Mailing List: RezLife I read the following newspaper article printed in the Salt Lake Tribune, this past Sunday, June 10, 2001. I would like you to note that David Hamblin is not native. I have been following the story. This is his opinion, there are other factors not related in his story, that Native American members of NAC don't sanction the "selling" of peyote during ceremonies, and charging an "offering" as this guy has been doing. Normally at NAC meetings the majority of those that attend are Natives with a few non-Indians who participate. In relation to this story, a native american road chief has been chastized and advised by the body of native NAC members that teaching and training non-natives to run meetings will result in the misuse of the practices, such as happened in this case. The road chief has been shunned by his own people and has left Utah for another state, he was told by everyone that his teachings were wasted, and as a result a renegade group is using NAC as a cover to operate under their own umbrella. One of the concerns voiced was that such use by non-Indians will result in the taking away of basic fundamental native religious rights from Native Americans in their practice of their NAC beliefs. The circumstances of this incident are being discussed by natives throughout the country in NAC meetings, two weeks ago it was discussed in Chinle, and last weekend in Macy, Nebraska, where Natives from several reservations travelled literally days to attend the NAC meetings and gatherings. This weekend those who attended in Nebraska are going to NAC meetings on Oklahoma, Wyoming, Nevada and Oregon, with each person going back to the their own homeland to discuss the matter as NAC meetings in the coming weeks throughout Indian Country. It seems that when non-Indians get involved in traditional teachings, native practices, religion, traditional rites and ceremonies they come with the desire to observe, offering words of respect and kindness, as they become acquainted with the people, they involve themselves a little at a time, preparing a sweat, the meal, chopping wood, preparing the smokes, and eventually want to participate in the meeting itself taking on a small insignificant role and then become more involved with the operation of the meeting. In time they begin to advise those their how the meeting should be run, and become an expert in the area, and begin to mix their own idealogies with native beliefs. The end result is like this case, where this "psuedo- practitioner" bought his own tipi, and set up his own site and became a religious leader with his own following, where the people in attendance were not natives at all. These abuses when they occur have a negative fallout on all native people. These rogue practitioners do more harm that good, and I would encourage native people to consider carefully the inclusion of non- Indians in traditional ceremonies, native religious practices and NAC meetings. In consideration of this story posted from Utah newspapers, it is one man's opinion, who is not native, Indian or a member of NAC. As for myself, it concerns me that native ways are twisted and turned for naught, the selling of native beliefs is carried out in a carnival atmosphere with clowns who make fools of us. johnny rustywire rustywire@yahoo.com The story as printed. http://www.sltrib.com/06102001/commenta/104428.htm BY DAVID HAMBLIN On a recent Saturday I attended a "teaching" by his holiness the Dali Lama at the Huntsman Center in Salt Lake City. He presented a coherent and elegant summary of Buddhist thought and practice. In his presentation he stated that it is best for people who are part of a spiritual tradition local to their culture to be true to that tradition rather than trying to adopt a foreign spiritual system. Toward the end of the presentation we were invited to recite a Buddhist prayer, the second verse of which reads: "With a wish to free all beings/ I shall always go for refuge/To the Buddha, Dharma and Sangha, Until I reach enlightenment." In keeping with his earlier remarks he suggested that those who were Christians could appropriately substitute "Father, Son and Holy Spirit" for "Buddha, Dharma and Sangha," the latter he explained to mean "the essence of the Buddha." Thus he was honoring Christians present by acknowledging that the light he worships is the same light we worship. Whether that light is manifested as Jesus, the Buddha, Allah, Jehovah or Quetzalcoatl, we Americans believe that all people have an inalienable right to worship almighty God according to the dictates of their own conscience. It seems inconceivable that we could have religious tyranny in America today, so it may come as a surprise for you to know that Utah County is engaging in blatant religious persecution. The object of this tyranny is the Okleveuha Earthwalks Native American Church (NAC) of Utah. The Utah County prosecutor's office, led by Kay Bryson, is falsely asserting that this church is a racket to sell drugs. The alleged "drug," however, is a sacramental medicine and the church is legally constituted to provide healing ceremonies utilizing it regardless of race. James "Flaming Eagle" Mooney and his gracious wife, Linda, have been charged with 12 counts of distribution (a first-degree felony each carrying a sentence of 5 years to life) and two counts of racketeering (1 to 15 years each). The only existing law is Boyle (No. 91-2235, 1992) in the 10th Circuit. This federal ruling clearly states that it is legal for non- Indians to fully participate in NAC religious observances. It is baffling why such a determined, unjust and, if I may say so, manifestly vicious effort to interfere with a religion and harm good people has not only been prosecuted but tolerated within our constitutional society. The fact that many sincere people have received significant help through Okleveuha is already very well known to authorities. Anyone can read about it by going to the Okleveuha Earthwalks Web site at www.earthwalks.com. These healing ceremonies come from an ancient, sophisticated tradition described in the Book of Mormon where successful healing is regarded as a gift from God which follows obedience to his light, not merely the result of some secular medical process (3 Nephi 9: 13-22). The ceremonies I have witnessed have helped many people with severe problems, myself included. I have seen many marriages not only saved but made joyful, drug addicts healed and emotional disorders overcome. Since Okleveuha Earthwalks is not a proselyting church, the intent to heal and empower people is solely to end suffering and to make Catholics better Catholics, Mormons better Mormons, etc. All moneys received are strictly from voluntary donations. The negative view portrayed regarding this sacred medicine, peyote, is in itself deeply offensive to members of the NAC all over America. They all (including Okleveuha) emphatically preach against drug abuse of every kind including marijuana, cocaine and all illicit drugs and the all-too- common abuse of alcohol and of prescription drugs (Utah leads the nation in the latter category). In addition, Medicine people doubt the wisdom of relying so much on anti-depressants and other powerful psychotropic medications (again, Utah has the highest per capita use of Prozac) which suppress symptoms but do not cure the underlying emotional, mental or spiritual sicknesses. Peyote, on the other hand, brings the hidden basis of the problem to the surface and helps people see the truth in these ceremonies. The Word of Wisdom of the LDS Church specifically says that "all wholesome [meaning non- poisonous] herbs God hath ordained for the constitution, nature, and use of man -- to be used with prudence and thanksgiving." Peyote is a medicinal herb and can only be administered legally by a medicine man (such as Flaming Eagle) who is authorized through the NAC (and certain government agencies). This is indeed prudent. Peyote was deliberately misclassified as a harmful narcotic like morphine in consequence of the "evils and designs of conspiring" white churches competing with the NAC early in the 20th century on Indian reservations. This was strategic disinformation designed to suppress the indigenous religion and their little plant helper. Despite the efforts of their detractors, the NAC ultimately prevailed. Kay Bryson and David Wayment are persecuting Americans exercising their religious beliefs by criminalizing their participation in NAC ceremonies on racial grounds. The prosecutors are violating state and federal laws in doing so. It is regrettable that, just before the Olympics, Utah will have to be constrained by the feds to allow freedom of religion in much the same way that the South was compelled 35 years ago to regard civil rights. This is almost inexplicable in a state which was founded by people fleeing religious persecution. Why doesn't the state of Utah's constitutional guarantee of "perfect religious toleration" apply here? We in the dominant culture should have "eyes to see" the shocking prejudice, racism and incredible disrespect of indigenous religion, while the "Constitution of the United States hangs by a thread." Who can blame the many Indians who don't want this precious medicine and righteous healing tradition shared with disrespectful whites? Thankfully, there are Indians willing, as are Buddhists, to make common cause with all who serve the light in order to heal the world. Flaming Eagle has been courageously educating people in Utah as to the beauty and power of these ancient ceremonies. All are welcome, whether representatives of churches or of government -- including, of course, the Utah County Attorney's Office. David Hamblin makes his home in Utah County. For Rezlife egroups http://groups.yahoo.com/group/rezlife --------- "RE: Poem: Poor Will" --------- Date: Fri, 18 Aug 2000 03:17:41 -0500 From: nokwisa Subj: poor will moonlit grasses fallen star skimming to earth the wolves sigh quiet hushed breath cicada tree frog harmonies and a whippoorwill cries poor will poor will alone tonight as the sky sits again silent nokwisa c.2000 --------- "RE: Verse: Hawaiian Book of Days" --------- Date: Tue, 12 Jun 2001 06:27:30 -1000 From: Debbie Sanders Subj: Hawaiian Book of Days A HAWAIIAN BOOK OF DAYS, week of June 26-July 1 IUNE (June) (Kaaona) 25 Cherish three things above all else: the life of the land, the well-being of the spirit, and the love of those friends who are dearest to us. 26 Be one with the winds, and give your spirit wings! 27 The gifted storyteller brings the past to life. 28 In the chant of the ages lies the secret heart of the people. 29 The mountains stand like sentinels above my valley. 30 All space and time live within me. IULAI (July) (Hinaiaeleele) July was the month in which the ohia fruit began to ripen. 1 I am the moon's child, born of starlight and dewfall. (c) Copyright 1991 by D. F. Sanders Me ke aloha i ka nani, ... Moe'uhanekeanuenue (With love and beauty, ... Rainbow Dream) --------- "RE: Indian Leaders worry about Losing Languages" --------- Date: Thu, 14 Jun 2001 08:15:53 -0500 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="LOSING LANGUAGES" Indian leaders worry about losing languages By SABRA AYRES Medill News Service WASHINGTON - For all of his 29 years, Cody Ware has been speaking his tribe's language. But he worries when he hears more English than Apsaalooke spoken in classrooms filled with young members of the Crow tribe. Tribal leaders throughout Montana identify with Ware's concern. Ten years ago, more that 85 percent of school-age Crow spoke their tribal language. By 1995, that number had dropped to fewer than 25 percent, according to research from Little Big Horn College in Crow Agency. And the figures look worse for some of Montana's other 11 tribal languages, according to research conducted by tribal educators. On the Fort Belknap Reservation, just 12 fluent speakers of the Gros Ventre language were found. On the Flathead Reservation, only five fluent speakers of Kootenai were counted. For the past three years, seven of Montana's tribal colleges have started to turn to fluent speakers like Ware to find ways to keep native languages from disappearing. Ware, who is studying to become an elementary teacher, is open to any idea that might engage more young Crow in their tribal language. "I hate to say it, but kids watch a lot of Saturday morning cartoons," Ware said. "If the Crow nation came up with a superhero cartoon, where the characters all spoke Crow, the kids could hear the language more." The seven colleges have combined their research on tribal languages and language teaching techniques and formed the Learning Lodge Institute through a four-year, $850,000 grant from the W.K. Kellogg Foundation. Each summer, educators and students gather at a retreat and discuss different learning models, from one-on-one conversations with elders to Montessori methods. The grant money will end in October, but Lanny Real Bird, the director of the program and a professor at Little Big Horn College, said he is trying to find more grants for the future. But money may not be enough to get young Indians to catch on to learning the language, he said. "It's going to take time, maybe 10 to 14 years, to establish a sound program to where language is being learned and classes are being taught at public schools," Real Bird said. Finding more funding for tribal colleges has been a challenge